Part 3Confiscation: Scotland

Interpretation

154Other interpretative provisions

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.