C1C2C3C4C5 Part 3 Confiscation: Scotland

Annotations:
Modifications etc. (not altering text)
C2

Pt. 3 applied by Terrorism Act 2000 (c. 11), Sch. 8 paras. 17(4A), 34(3A) (as substituted (24.3.2003) by Proceeds of Crime Act 2002 (c. 29), s. 458(1), Sch. 11 para. 39(4)(5); S.S.I. 2003/210, art. 2(1)(b)(2), sch. (with art. 7); S.I. 2003/333, art. 2, Sch.

C5

Pt. 3 applied (12.2.2019 for specified purposes, 13.8.2020 in so far as not already in force) by Counter-Terrorism and Border Security Act 2019 (c. 3), s. 27(1)(g), Sch. 3 para. 39(6) (with s. 25(9)); S.I. 2020/792, reg. 2(g)

Accused unlawfully at large

I1C2114C2 Discharge of order

1

Subsection (2) applies if—

a

the court makes a confiscation order under section 92 as applied by section 112,

b

the accused is later tried for the offence or offences concerned and acquitted of the offence or offences, and

c

he applies to the court to discharge the order.

2

In such a case the court must discharge the order.

3

Subsection (4) applies if—

a

the court makes a confiscation order under section 92 as applied by section 112,

b

the accused ceases to be unlawfully at large,

c

subsection (1)(b) does not apply, and

d

he applies to the court to discharge the order.

4

In such a case the court may discharge the order if it finds that—

a

there has been undue delay in continuing the proceedings mentioned in section 112(1), or

b

the prosecutor does not intend to proceed with the prosecution.

5

If the court discharges a confiscation order under this section it may make such a consequential or incidental order as it thinks is appropriate.