Criminal Justice (Scotland) Act 1987

47 Interpretation of Part I. E+W+S

(1) In this Part of this Act (except where the context otherwise requires)—

• “administrator” shall be construed in accordance with section 13 of this Act;

• [F1 “associate” shall be construed in accordance with section 74 of the 1985 Act;]

• “authorised government department” means a government department which is an authorised department for the purposes of the Crown Proceedings Act 1947;

• [F2 “confiscation order” means an order under section 1(1), 6A, 6B or 25 of this Act;]

• [F3 “the court” means—

(a) for the purpose of sections 1 to 7A, the High Court of Justiciary or sheriff court;

(b) for the purposes of sections 8 to 26 and 33 to 37, the Court of Session or the sheriff court;]

• “designated country” shall be construed in accordance with section 30(2) of this Act;

• “drug trafficking” has the meaning assigned by section 1(6) of this Act;

• “implicative gift” shall be construed in accordance with section 6 of this Act;

• “realisable property” shall be construed in accordance with section 5 of this Act;

• “restraint order” has the meaning assigned by section 9 of this Act; and

• “the 1985 Act” means the M1 Bankruptcy (Scotland) Act 1985.

(2) This Part of this Act shall (except where the context otherwise requires) be construed as one with the M2 1975 Act.

(3) This Part of this Act applies to property whether it is situated in Scotland or elsewhere.

(4) References in this Part of this Act—

(a) to offences include a reference to offences commited before the commencement of section 1 of this Act; but nothing in this Act imposes any duty or confers any power on any court in or in connection with proceedings against a person for an offence to which that section relates instituted before the commencement of that section;

(b) to anything received in connection with drug trafficking include a reference to anything received both in that connection and in some other connection; and

(c) to property held by a person include a reference to property vested in the interim or permanent trustee in his sequestration or in his trustee in bankruptcy or liquidator.

(5) For the purposes of this Part of this Act (and subject to subsections (8) and (9) of section 30 of this Act), proceedings are concluded as regards an offence where—

(a) the trial diet is desertedsimpliciter;

(b) the accused is acquitted or, under section 101 of the 1975 Act, discharged or liberated;

(c) the High Court [F4 or, as the case may be, the sheriff]sentences or otherwise deals with him without making a confiscation order and without postponing a decision as regards making such an order;

(d) after such postponement as is mentioned in paragraph (c) above, the High Court [F4 or, as the case may be, the sheriff]decides not to make a confiscation order;

(e) his conviction is quashed; or

(f) either the amount of a confiscation order made has been paid or there remains no liability to imprisonment in default of so much of that amount as is unpaid.

[F5 (6) Any reference in this Part of this Act to a conviction of an offence includes a reference to a finding that the offence has been committed.]

Textual Amendments

F1 Definition in s. 47(1) repealed (S.) by 1995 c. 20, s. 113(3), Sch. 5 para. 36(a)(i); S.I. 1996/517, arts. 3(2), 5

F2 Definition in s. 47(1) substituted (S.) (31.3.1996) by 1995 c. 20, s. 113(3), Sch. 5 para. 36(a)(ii)

F3 Definition in s. 47(1) inserted (S.) (31.3.1996) by 1995 c. 20, s. 113(3), Sch. 5 para. 36(a)(iii)

F4 Words in s. 47(5)(c) and (d) inserted (S.) (31.3.1996) by 1995 c. 20, s. 113(3), Sch. 5 para. 36(b); S.I. 1996/517, art. 3(2)

F5 S. 47(6) added (S.) (31.3.1996) by 1995 c. 20, s. 113(3), Sch. 5 para. 36(c); S.I. 1996/517, art. 3(2)

Marginal Citations

M1 1985 c. 66

M2 1975 c. 21.