SCHEDULES

SCHEDULE 4 Forfeiture Orders

Part II Scotland

Proceedings for an offence: timing

25

1

For the purposes of this Part of this Schedule proceedings for an offence are instituted—

a

when a person is arrested for the offence,

b

when a warrant to arrest or cite a person is granted,

c

when an indictment or complaint is served on a person in respect of the offence.

2

Where the application of sub-paragraph (1) would result in there being more than one time for the institution of proceedings they shall be taken to be instituted at the earliest of those times.

3

For the purposes of this Part of this Schedule proceedings are concluded—

a

when a forfeiture order has been made in those proceedings and effect has been given to it in respect of all the money or other property to which it applies, or

b

when (disregarding any power of a court to extend the period within which an appeal may be made) there is no further possibility of a forfeiture order being made in the proceedings.