Proceeds of Crime Act 2002

115 Appeal by prosecutor

(1) Section 108 of the Procedure Act (Lord Advocate’s right of appeal in solemn proceedings) is amended as provided in subsections (2) to (4).

(2) In subsection (1), after paragraph (c) insert—

“(ca) a decision under section 92 of the Proceeds of Crime Act 2002 not to make a confiscation order;.”

(3) In subsection (2)(b)(ii), for the words “or (c)” substitute “, (c) or (ca)”.

(4) After subsection (2) insert—

“(3) For the purposes of subsection (2)(b)(i) above in its application to a confiscation order by virtue of section 92(11) of the Proceeds of Crime Act 2002, the reference to the disposal being unduly lenient is a reference to the amount required to be paid by the order being unduly low.”

(5) Section 175 of the Procedure Act (right of appeal in summary proceedings) is amended as provided in subsections (6) to (8).

(6) In subsection (4), after paragraph (c) insert—

“(ca) a decision under section 92 of the Proceeds of Crime Act 2002 not to make a confiscation order;.”

(7) In subsection (4A)(b)(ii), for the words “or (c)” substitute “, (c) or (ca)”.

(8) After subsection (4A) insert—

“(4B) For the purposes of subsection (4A)(b)(i) above in its application to a confiscation order by virtue of section 92(11) of the Proceeds of Crime Act 2002, the reference to the disposal being unduly lenient is a reference to the amount required to be paid by the order being unduly low.”