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The Proceeds of Crime (Enforcement of Confiscation Orders made in England and Wales or Scotland) Order (Northern Ireland) 1997

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Institution and conclusion of proceedings in Scotland

3.—(1) For the purpose of the enforcement pursuant to Article 2 of orders made in Scotland, proceedings for an offence in Scotland shall be treated as 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)in summary proceedings, on the first calling of the case; or

(f)when a petition is intimated to him or an indictment or a complaint is served on him,

and where the application of this paragraph would result in there being more than one time for the institution of proceedings, they shall be taken to be instituted at the earliest of those times.

(2) For the purpose aforesaid proceedings for an offence in Scotland shall be treated as concluded when—

(a)the trial diet is deserted simpliciter;

(b)the accused is acquitted or, under section 65 or 147 of the Criminal Procedure (Scotland) Act 1995(1), discharged or liberated;

(c)the High Court of Justiciary or, as the case may be, the sheriff sentences or otherwise deals with him without making a confiscation order and without postponing a decision as regards making such an order;

(d)after such postponement as is mentioned in sub-paragraph (c), the High Court of Justiciary or, as the case may be, the sheriff decides not to make a confiscation order;

(e)his conviction is quashed; or

(f)a confiscation order made in the proceedings is satisfied (whether by payment of the amount due under the order or by the accused serving imprisonment in default).

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