Criminal Procedure (Scotland) Act 1975

264 Disqualification, forfeiture, etc. S

(1) Where, upon conviction of any person, any disqualification, forfeiture or disability attaches to such person by reason of such conviction, such disqualification, forfeiture or disability shall not attach for the period of [F1 [F2 four] weeks] from the date of the verdict against such person nor, in the event of [F1 an intimation of intention to appeal (or in the case of an appeal under section 228(1)(b) [F3 or 228A]of this Act a note of appeal)] being lodged under this Part of this Act, until [F1 such appeal, if it is proceeded with, is determined].

(2) Where, upon a conviction, any property, matters or things which are the subject of the prosecution or connected therewith are to be or may be ordered to be destroyed or forfeited, the destruction or forfeiture or the operation of any order for destruction or forfeiture thereof shall be suspended for the period of [F1 [F2 four] weeks] after the date of the verdict in the trial, and, in the event of [F1 an intimation of intention to appeal (or in the case of an appeal under section 228(1)(b) [F3 or 228A]of this Act a note of appeal)] being lodged under this Part of this Act, shall be further suspended until [F1 such appeal, if it is proceeded with, is determined].

[F4 (3) Subsections (1) and (2) above do not apply in respect of any disqualification, forfeiture or, as the case may be, destruction or forfeiture or order for destruction or forfeiture under or by virtue of any enactment which contains express provision for the suspension of such disqualification, forfeiture or, as the case may be, destruction or forfeiture or order for destruction or forfeiture pending the determination of any appeal against conviction or sentence.]

Textual Amendments

F1 Words substituted by Criminal Justice (Scotland) Act 1980 (c. 62, SIF 39:1), Sch. 2 para. 23, Sch. 6 para. 6

F2 Words in s. 264(1)(2) substituted (1.10.1993) by 1993 c. 9, s. 47(1), Sch. 5 para. 1(21)(a) (with s. 47(2), Sch. 6 paras. 1, 2); S.I. 1993/2050, arts. 3(4), 10(b)

F3 Words in s. 264(1)(2) inserted (1.10.1993) by 1993 c. 9, s. 47(1), Sch. 5 para. 1(21)(b) (with s. 47(2), Sch. 6 paras. 1, 2); S.I. 1993/2050, arts. 3(4), 10(b)

F4 S. 264(3) inserted by Criminal Justice (Scotland) Act 1987 (c. 41, SIF 39:1), ss. 47(4)(a), 68(2)