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Proceeds of Crime Act 2002

Accused unlawfully at large

Sections 111-114: Accused unlawfully at large

182.These sections deal with confiscation orders against accused persons unlawfully at large. These are new provisions; there are no provisions relating to persons unlawfully at large in existing Scottish legislation. The Act empowers the court to make a confiscation order against an accused person unlawfully at large who has been convicted of an offence or against whom proceedings have been instituted.

183.Section 111 deals with the situation where an accused person has been convicted and is then unlawfully at large. The prosecutor may ask the court for a confiscation order to be made against the accused.Subsection (3)(e) provides that none of the reconsideration sections 104-106 apply where a person is still unlawfully at large post conviction and thus that they do all apply where a convicted person unlawfully at large returns.

184.Section 112 deals with persons unlawfully at large who are unlawfully at large prior to conviction. A confiscation order may only be made against a person unlawfully at large against whom proceedings have been instituted, and if two years have elapsed from the time the accused went unlawfully at large.

185.Section 113 provides that where an unconvicted accused is unlawfully at large and has a confiscation order made against him, but later ceases to be unlawfully at large, he may apply to the court to have the order varied. Where such a person returns and is subsequently acquitted, section 114 provides that he can apply to the court to have the confiscation order discharged and the court must do so.

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