C1C2C3C4 Part 3 Confiscation: Scotland
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.
Pt. 3 applied (3.12.2014) by The Criminal Justice and Data Protection (Protocol No. 36) Regulations 2014 (S.I. 2014/3141), reg. 1(b), Sch. 1 para. 6(5)
Pt. 3 applied (3.12.2014) by The Criminal Justice and Data Protection (Protocol No. 36) Regulations 2014 (S.I. 2014/3141), reg. 1(b), Sch. 1 para. 11(5)
Interpretation
I1C2151C2 Proceedings
1
Proceedings for an offence are instituted against a person—
a
on his arrest without warrant;
b
when he is charged with the offence without being arrested;
c
when a warrant to arrest him is granted;
d
when a warrant to cite him is granted;
e
when he first appears on petition or when an indictment or complaint is served on him.
2
If more than one time is found under subsection (1) in relation to proceedings they are instituted at the earliest of those times.
3
Proceedings for an offence are concluded when—
a
the trial diet is deserted simpliciter,
b
the accused is acquitted or, under section 65 or 147 of the Procedure Act, discharged or liberated,
c
the court sentences the accused without making a confiscation order and without postponing a decision as regards making such an order,
d
the court decides, after such a postponement, not to make a confiscation order,
e
the accused’s conviction is quashed, or
f
the accused is pardoned.
4
If a confiscation order is made against the accused in proceedings for an offence, the proceedings are concluded—
a
when the order is satisfied or discharged, or
b
when the order is quashed and there is no further possibility of an appeal against the decision to quash the order.
5
If—
a
the accused is convicted in proceedings for an offence but the court decides not to make a confiscation order against him, and
b
on appeal under section 108(1)(ca) or 175(4)(ca) of the Procedure Act, the High Court of Justiciary refuses the appeal,
the proceedings are concluded on the determination of the appeal.
Pt. 3 functions of administrator extended (24.2.2003) by Proceeds of Crime Act 2002 (Enforcement in different parts of the United Kingdom) Order 2002 (S.I. 2002/3133), arts. 1, 4(1)(a)