(This note is not part of the Order)
This Order amends the Proceeds of Crime Act 2002 (“the Act”) by adding to the list of lifestyle offences in Schedule 4 the offence of trafficking in prostitution etc. contrary to section 22 of the Criminal Justice (Scotland) Act 2003 (article 3).
Section 92 of the Act provides for the making of confiscation orders against certain offenders. Where a court acts under that section it must, in terms of subsection (5), decide whether the offender has a criminal lifestyle and, if so, whether the offender has benefited from his or her general criminal conduct.
In terms of section 142(1) of the Act an offender has a criminal lifestyle if the offence of which he or she has been convicted (or in the case of summary proceedings has been discharged absolutely without proceeding to conviction) is an offence specified in Schedule 4.
The Order applies only to offences committed after the day on which it is made (article 2).