C1C2C3 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.

C3

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))

Confiscation orders

I1C2C397C2C3 Effect of order on court’s other powers

1

If the court decides to make a confiscation order it must act as mentioned in subsections (2) and (4) in respect of the offence or offences concerned.

2

The court must take account of the confiscation order before—

a

it imposes a fine on the accused, or

b

it makes an order falling within subsection (3).

3

These orders fall within this subsection—

a

an order involving payment by the accused, other than a compensation order under section 249 of the Procedure Act (compensation orders);

b

an order under section 27 of the Misuse of Drugs Act 1971 (c. 38) (forfeiture orders);

c

an order under Part 2 of the Proceeds of Crime (Scotland) Act 1995 (c. 43) (forfeiture orders);

d

an order under section 23 of the Terrorism Act 2000 (c. 11) (forfeiture orders).

4

Subject to subsection (2), the court must leave the confiscation order out of account in deciding the appropriate sentence for the accused.

5

Subsection (6) applies if—

a

a court makes both a confiscation order and a compensation order under section 249 of the Procedure Act against the same person in the same proceedings, and

b

the court believes he will not have sufficient means to satisfy both the orders in full.

6

In such a case the court must direct that so much of the compensation as it specifies is to be paid out of any sums recovered under the confiscation order; and the amount it specifies must be the amount it believes will not be recoverable because of the insufficiency of the person’s means.