Proceeds of Crime Act 2002

154 Other interpretative provisions S

(1) In this Part—

• “accused” means a person against whom proceedings for an offence have been instituted (whether or not he has been convicted);

• “clerk of court” includes the sheriff clerk;

• “confiscation order” means an order under section 92;

• “conviction”, in relation to an offence, includes a finding that the offence has been committed;

• “court” must be construed in accordance with sections 92(13) and 119(10);

• “criminal investigation” means an investigation which police officers or other persons have a duty to conduct with a view to it being ascertained whether a person should be charged with an offence;

• “the Procedure Act” means the Criminal Procedure (Scotland) Act 1995 (c. 46);

• “restraint order” means an order under section 120.

(2) A reference to the offence (or offences) concerned must be construed in accordance with section 92(12).

(3) A reference to sentencing the accused for an offence includes a reference to dealing with him otherwise in respect of the offence.

Modifications etc. (not altering text)

C1 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.

C2 Pt. 3 applied by 2000 c. 11, Sch. 8 para. 34(3A) (as substituted (24.3.2003) by Proceeds of Crime Act 2002 (c. 29), s. 458(1), Sch. 11 para. 39(5); S.S.I. 2003/210, art. 2(1)(b)(2), sch. (with art. 7))

Commencement Information

I1 S. 154 in force at 24.3.2003 by S.S.I. 2003/210, art. 2(1)(a)