Search Legislation

Criminal Justice (Scotland) Act 1987

What Version

 Help about what version

Advanced Features

 Help about advanced features

Changes to legislation:

There are currently no known outstanding effects for the Criminal Justice (Scotland) Act 1987, Section 47. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

[F147 Interpretation of Part I.E+W+S

(1)In this Part of this Act (except where the context otherwise requires)—

  • administrator” shall be construed in accordance with section 13 of this Act;

  • associate” shall be construed in accordance with section 74 of the 1985 Act;

  • authorised government department” means a government department which is an authorised department for the purposes of the Crown Proceedings Act 1947;

  • confiscation order” has the meaning assigned by section 1(1) of this Act;

  • designated country” shall be construed in accordance with section 30(2) of this Act;

  • drug trafficking” has the meaning assigned by section 1(6) of this Act;

  • implicative gift” shall be construed in accordance with section 6 of this Act;

  • realisable property” shall be construed in accordance with section 5 of this Act;

  • restraint order” has the meaning assigned by section 9 of this Act; and

  • the 1985 Act” means the M1Bankruptcy (Scotland) Act 1985.

(2)This Part of this Act shall (except where the context otherwise requires) be construed as one with the M21975 Act.

(3)This Part of this Act applies to property whether it is situated in Scotland or elsewhere.

(4)References in this Part of this Act—

(a)to offences include a reference to offences commited before the commencement of section 1 of this Act; but nothing in this Act imposes any duty or confers any power on any court in or in connection with proceedings against a person for an offence to which that section relates instituted before the commencement of that section;

(b)to anything received in connection with drug trafficking include a reference to anything received both in that connection and in some other connection; and

(c)to property held by a person include a reference to property vested in the interim or permanent trustee in his sequestration or in his trustee in bankruptcy or liquidator.

(5)For the purposes of this Part of this Act (and subject to subsections (8) and (9) of section 30 of this Act), proceedings are concluded as regards an offence where—

(a)the trial diet is deserted simpliciter;

(b)the accused is acquitted or, under section 101 of the 1975 Act, discharged or liberated;

(c)the High Court 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 paragraph (c) above, the High Court decides not to make a confiscation order;

(e)his conviction is quashed; or

(f)either the amount of a confiscation order made has been paid or there remains no liability to imprisonment in default of so much of that amount as is unpaid.]

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F1Pt. I (ss. 1-47) repealed (S.) (1.4.1996) by 1995 c. 40, ss. 6, 7(2), Sch. 5 (with Sch. 3 paras. 1, 3, 6, 16, 17)

Marginal Citations

Back to top

Options/Help

Print Options

Close

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.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

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

Close

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
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. 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
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources