Part IE+W+S Confiscation of Proceeds of Drug Trafficking etc.

Modifications etc. (not altering text)

C1Pt. I modified (10.7.1991) by S.I. 1991/1467, art. 3(2), Schs. 2, 3 (with arts. 4-9) (as amended (S.) (30.12.2002) by Debt Arrangement and Attachment (Scotland) Act 2002 (asp 17), ss. 61, 64, Sch. 3 para. 31 (with s. 63))

C2Power to extend conferred (E.W.) (3.2.1995) by 1994 c. 37, s. 37(2)(a)(ii)

Confiscation ordersE+W+S

4 Statements relating to drug trafficking.E+W+S

(1)Without prejudice to section 150 [F1or, as the case may be, section 354] of the M11975 Act, where the prosecutor has, as regards a person, moved for an order under section 1(1) of this Act the prosecutor may lodge with the clerk of court a statement as to any matters relevant to the assessment of the value of that person’s proceeds of drug trafficking and if the person accepts to any extent any allegation in the statement the [F2court] may, for the purposes of that assessment, treat that acceptance as conclusive of the matters to which it relates.

(2)Where—

(a)a statement is lodged under subsection (1) above, and

(b)the [F2court] is satisfied that a copy of that statement has been served on the person,

the [F2court] may require the person to indicate, within such period as the [F2court]may specify, to what extent he accepts each allegation in the statement and, in so far as he does not accept any such allegation, to indicate the basis of such non-acceptance.

(3)If the person fails in any respect to comply with a requirement under subsection (2) above, he may be treated for the purposes of this section as accepting every allegation in the statement apart from any allegation in respect of which he has complied with the requirement.

(4)Without prejudice to section 150 [F1or, as the case may be, section 354]of the 1975 Act, where—

(a)there is lodged with the clerk of court by the person a statement as to any matters relevant to determining the amount that might be realised at the time the confiscation order is made, and

(b)the prosecutor accepts to any extent any allegation in the statement,

the [F2court] may, for the purposes of that determination, treat that acceptance as conclusive of the matters to which it relates.

(5)No acceptance by the person under this section that any payment or other reward was received by him in connection with drug trafficking carried on by him or another shall be admissible in evidence in any proceedings, whether in Scotland or elsewhere, in respect of an offence.

[F3(6)Without prejudice to section 2(1) of this Act, where—

(a)any allegation in the statement lodged under subsection (1) above is challenged by the accused; or

(b)the basis of the non-acceptance by the accused of any such allegation is challenged by the prosecutor,

the court shall consider the matters being challenged at a hearing.

(7)Where the judge presiding at a hearing held under subsection (6) above is not the trial judge he may, on the application of either party, if he considers that it would be in the interests of justice to do so, adjourn the hearing to a date when the trial judge is available.]

Textual Amendments

F1Words in s. 4(1) and (4) inserted (31.3.1996) by 1995 c. 20, s. 113(3), Sch. 5 para. 5(b); S.I. 1996/517, arts. 3(2), 5

F2Word in s. 4(1)(2) and (4) substituted (31.3.1996) by 1995 c. 20, s. 113(3), Sch. 5 para. 5(a); S.I. 1996/517, arts. 3(2), 5

Marginal Citations