Part 3Confiscation: Scotland
Appeals
115Appeal by prosecutor
1
Section 108 of the Procedure Act (Lord Advocate’s right of appeal in solemn proceedings) is amended as provided in subsections (2) to (4).
2
In subsection (1), after paragraph (c) insert—
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a decision under section 92 of the Proceeds of Crime Act 2002 not to make a confiscation order;.
3
In subsection (2)(b)(ii), for the words “or (c)” substitute “, (c) or (ca)”.
4
After subsection (2) insert—
3
For the purposes of subsection (2)(b)(i) above in its application to a confiscation order by virtue of section 92(11) of the Proceeds of Crime Act 2002, the reference to the disposal being unduly lenient is a reference to the amount required to be paid by the order being unduly low.
5
Section 175 of the Procedure Act (right of appeal in summary proceedings) is amended as provided in subsections (6) to (8).
6
In subsection (4), after paragraph (c) insert—
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a decision under section 92 of the Proceeds of Crime Act 2002 not to make a confiscation order;.
7
In subsection (4A)(b)(ii), for the words “or (c)” substitute “, (c) or (ca)”.
8
After subsection (4A) insert—
4B
For the purposes of subsection (4A)(b)(i) above in its application to a confiscation order by virtue of section 92(11) of the Proceeds of Crime Act 2002, the reference to the disposal being unduly lenient is a reference to the amount required to be paid by the order being unduly low.