Search Legislation

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

What Version

 Help about what version
  • Latest available (Revised)
  • Original (As made)

Opening Options

 Help about opening options


This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

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).

Back to top


Print Options


Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.


Opening Options

Different options to open legislation in order to view more content on screen at once


More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources