Criminal Law (Consolidation) (Scotland) Act 1995

F1 Part V E+W+S DRUG TRAFFICKING

Textual Amendments

F1 Pt. V (ss. 31-43) repealed (24.2.2003 in relation to specified provisions and otherwise prosp.) by 2002 c. 29, ss. 457, 458(1), Sch. 12; S.I. 2003/120, art. 2, Sch. (subject to arts. 3-7 (as amended by S.I. 2003/333, art. 14))

Investigations and disclosure of information E+W+S

31 Order to make material available. S

F2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F2 Ss. 31-40, 42 repealed (24.2.2003) by 2002 c. 29, ss. 457, 458(1), Sch. 12; S.I. 2003/120, art. 2, Sch. (subject to arts. 3-7 (as amended by S.I. 2003/333, art. 14))

32 Authority for search. S

F3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F3 Ss. 31-40, 42 repealed (24.2.2003) by 2002 c. 29, ss. 457, 458(1), Sch. 12; S.I. 2003/120, art. 2, Sch. (subject to arts. 3-7 (as amended by S.I. 2003/333, art. 14))

33 Interpretation of sections 31 and 32. S

F4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F4 Ss. 31-40, 42 repealed (24.2.2003) by 2002 c. 29, ss. 457, 458(1), Sch. 12; S.I. 2003/120, art. 2, Sch. (subject to arts. 3-7 (as amended by S.I. 2003/333, art. 14))

34 Prosecution by order of the Commissioners of Customs and Excise. S

F5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F5 Ss. 31-40, 42 repealed (24.2.2003) by 2002 c. 29, ss. 457, 458(1), Sch. 12; S.I. 2003/120, art. 2, Sch. (subject to arts. 3-7 (as amended by S.I. 2003/333, art. 14))

35 Disclosure of information held by government departments. E+W+S

F6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F6 Ss. 31-40, 42 repealed (24.2.2003) by 2002 c. 29, ss. 457, 458(1), Sch. 12; S.I. 2003/120, art. 2, Sch. (subject to arts. 3-7 (as amended by S.I. 2003/333, art. 14))

Offences S

36 Offence of prejudicing investigation. S

F7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F7 Ss. 31-40, 42 repealed (24.2.2003) by 2002 c. 29, ss. 457, 458(1), Sch. 12; S.I. 2003/120, art. 2, Sch. (subject to arts. 3-7 (as amended by S.I. 2003/333, art. 14))

37 Acquisition, possession or use of proceeds of drug trafficking. S

F8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F8 Ss. 31-40, 42 repealed (24.2.2003) by 2002 c. 29, ss. 457, 458(1), Sch. 12; S.I. 2003/120, art. 2, Sch. (subject to arts. 3-7 (as amended by S.I. 2003/333, art. 14))

38 Offence of assisting another to retain the proceeds of drug trafficking. S

F9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F9 Ss. 31-40, 42 repealed (24.2.2003) by 2002 c. 29, ss. 457, 458(1), Sch. 12; S.I. 2003/120, art. 2, Sch. (subject to arts. 3-7 (as amended by S.I. 2003/333, art. 14))

39 Failure to disclose knowledge or suspicion of money laundering. S

F10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F10 Ss. 31-40, 42 repealed (24.2.2003) by 2002 c. 29, ss. 457, 458(1), Sch. 12; S.I. 2003/120, art. 2, Sch. (subject to arts. 3-7 (as amended by S.I. 2003/333, art. 14))

40 Tipping-off. S

F11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F11 Ss. 31-40, 42 repealed (24.2.2003) by 2002 c. 29, ss. 457, 458(1), Sch. 12; S.I. 2003/120, art. 2, Sch. (subject to arts. 3-7 (as amended by S.I. 2003/333, art. 14))

41 Offences relating to controlled drugs: fines. S

(1) Without prejudice to section 211(7) of the M1 Criminal Procedure (Scotland) Act 1995 (fines) but subject to section 10(3)(a) of the M2 Proceeds of Crime (Scotland) Act 1995, where a person is convicted on indictment of an offence to which this section relates and sentenced in respect of that offence to a period of imprisonment or detention, the Court where—

(a) paragraph (b) below does not apply shall, unless it is satisfied that for any reason it would be inappropriate to do so, also impose a fine;

(b) it makes a confiscation order under section 1(1) of the Proceeds of Crime (Scotland) Act 1995 as regards the person, may also impose a fine.

(2) In determining the amount of a fine imposed under paragraph (a) of subsection (1) above, the Court shall have regard to any profits likely to have been made by the person from the crime in respect of which he has been convicted.

(3) This section relates to an offence which is a drug trafficking offence within the meaning of the said last mentioned Act of 1995.

(4) Where in any proceedings a fine has been imposed by virtue of subsection (1) above as regards a person and a period of imprisonment or detention is imposed on him in default of payment of its amount (or as the case may be of an instalment thereof), that period shall run from the expiry of any other period of imprisonment or detention (not being one of life imprisonment or detention for life) imposed on him in the proceedings.

(5) The reference in subsection (4) above to “any other period of imprisonment or detention imposed” includes (without prejudice to the generality of the expression) a reference to such a period imposed on default of payment of a fine (or instalment thereof) or of a confiscation order (or instalment thereof); but only where that default has occurred before the warrant for imprisonment is issued for the default in relation to the fine imposed by virtue of subsection (1) of this section.

Marginal Citations

M1 1995 c.46.

M2 1995 c.43.

42 Extension of certain offences to Crown servants and exemptions for regulators etc. S

F12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F12 Ss. 31-40, 42 repealed (24.2.2003) by 2002 c. 29, ss. 457, 458(1), Sch. 12; S.I. 2003/120, art. 2, Sch. (subject to arts. 3-7 (as amended by S.I. 2003/333, art. 14))

43 Interpretation of Part V. S

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

• “authorised government department” means a government department which is an authorised department for the purposes of the M3 Crown Proceedings Act 1947;

• “confiscation order” means an order under section 1(1), 11(4), 12(3) or 13 of the M4 Proceeds of Crime (Scotland) Act 1995; and

• “drug trafficking” has the same meaning as in the said Act of 1995.

(2) This Part of this Act shall (except where the context otherwise requires) be construed as one with the M5 Criminal Procedure (Scotland) Act 1995.

(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 committed before the commencement of section 1 of the M6 Criminal Justice (Scotland) Act 1987; 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.

Marginal Citations

M3 1947 c.44.

M4 1995 c.43.

M5 1995 c.46.

M6 1987 c.41.