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Criminal Justice (International Co-operation) Act 1990
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Changes over time for: Section 17
No longer has effect: 01/07/1991
Alternative versions:
- 01/07/1991- Amendment
- 04/06/1991
Point in time - Prospective- Amendment
- Stop date 01/07/1991- Amendment
- 04/06/1991
Point in time
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Point in time view as at 04/06/1991. This version of this provision never came into effect.
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There are currently no known outstanding effects for the Criminal Justice (International Co-operation) Act 1990, Section 17.
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Prospective
17 Increase in realisable property: Scotland.U.K.
(1)This section has effect where by virtue of section 1(1)(b) of the M1Criminal Justice (Scotland) Act 1987 (insufficient realisable property) the amount which a person is ordered to pay by a confiscation order is less than the amount assessed to be the value of his proceeds of drug trafficking.
(2)If, on an application made in accordance with subsection (3) below, the Court of Session is satisfied that the amount that might be realised in the case of the person in question is greater than the amount taken into account in making the confiscation order (whether it was greater than was thought when the order was made or has subsequently increased) the court shall issue a certificate to that effect, giving the court’s reasons.
(3)An application under subsection (2) above may be made either by the prosecutor or by an administrator appointed under section 13(1) of the said Act of 1987 in relation to the realisable property of the person in question.
(4)Where a certificate has been issued under subsection (2) above the prosecutor may apply to the High Court of Justiciary for an increase in the amount to be recovered under the confiscation order; and on that application the court may—
(a)substitute for that amount such amount (not exceeding the amount assessed as the value referred to in subsection (1) above) as appears to the court to be appropriate having regard to the amount now shown to be realisable; and
(b)increase the term of imprisonment or detention fixed in respect of the confiscation order under subsection (2) of section 396 of the M2Criminal Procedure (Scotland) Act 1975 (imprisonment in default of payment) if the effect of the substitution is to increase the maximum period applicable in relation to the order under subsection (1A) of section 407 of that Act.
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