xmlns:atom="http://www.w3.org/2005/Atom" xmlns:atom="http://www.w3.org/2005/Atom"

SCHEDULES

Section 142

SCHEDULE 4SLifestyle offences: Scotland

Money launderingS

1An offence under either of the following provisions of this Act—

(a)section 327 (concealing etc. criminal property);

(b)section 328 (assisting another person to retain criminal property).

Annotations:

Commencement Information

I1Sch. 4 para. 1 in force at 24.3.2003 by S.S.I. 2003/210, art. 2(1)(a)

Drug traffickingS

2(1)An offence under any of the following provisions of the Misuse of Drugs Act 1971 (c. 38)—

(a)section 4(2) or (3) (unlawful production or supply of controlled drugs);

(b)section 5(3) (possession of controlled drug with intent to supply);

(c)section 8 (permitting certain activities relating to controlled drugs);

(d)section 20 (assisting in or inducing the commission outside the UK of an offence punishable under a corresponding law).

(2)An offence under any of the following provisions of the Customs and Excise Management Act 1979 (c. 2) if it is committed in connection with a prohibition or restriction on importation or exportation which has effect by virtue of section 3 of the Misuse of Drugs Act 1971—

(a)section 50(2) or (3) (improper importation of goods);

(b)section 68(2) ([F1exportation] of prohibited or restricted goods);

(c)section 170 (fraudulent evasion).

(3)An offence under either of the following provisions of the Criminal Justice (International Co-operation) Act 1990 (c. 5)—

(a)section 12 (manufacture or supply of a substance for the time being specified in Schedule 2 to that Act);

(b)section 19 (using a ship for illicit traffic in controlled drugs).

Annotations:

Amendments (Textual)

F1Word in Sch. 4 para. 2(2)(b) substituted (with application in accordance with art. 2 of the amending S.S.I.) by The Proceeds of Crime Act 2002 Amendment (Scotland) Order 2011 (S.S.I. 2011/231), arts. 1, 4(a)

Commencement Information

I2Sch. 4 para. 2 in force at 24.3.2003 by S.S.I. 2003/210, art. 2(1)(a)

Directing terrorismS

3An offence under section 56 of the Terrorism Act 2000 (c. 11) (directing the activities of a terrorist organisation).

Annotations:

Commencement Information

I3Sch. 4 para. 3 in force at 24.3.2003 by S.S.I. 2003/210, art. 2(1)(a)

People traffickingS

4An offence under [F2 section 25, 25A or 25B of the Immigration Act 1971 (assisting unlawful immigration etc.)][F3or under section 4 of the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (exploitation)].

Annotations:

Amendments (Textual)

Commencement Information

I4Sch. 4 para. 4 in force at 24.3.2003 by S.S.I. 2003/210, art. 2(1)(a)

Arms traffickingS

5(1)An offence under either of the following provisions of the Customs and Excise Management Act 1979 if it is committed in connection with a firearm or ammunition—

(a)section 68(2) (exportation of prohibited goods);

(b)section 170 (fraudulent evasion).

(2)An offence under section 3(1) of the Firearms Act 1968 (c. 27)(dealing in firearms or ammunition by way of trade or business).

(3)In this paragraph “firearm” and “ammunition” have the same meanings as in section 57 of the Firearms Act 1968 (c. 27).

Annotations:

Commencement Information

I5Sch. 4 para. 5 in force at 24.3.2003 by S.S.I. 2003/210, art. 2(1)(a)

CounterfeitingS

6An offence under any of the following provisions of the Forgery and Counterfeiting Act 1981 (c. 45)—

(a)section 14 (making counterfeit notes or coins);

(b)section 15 (passing etc counterfeit notes or coins);

(c)section 16 (having counterfeit notes or coins);

(d)section 17 (making or possessing materials or equipment for counterfeiting).

Annotations:

Commencement Information

I6Sch. 4 para. 6 in force at 24.3.2003 by S.S.I. 2003/210, art. 2(1)(a)

Intellectual propertyS

7(1)An offence under any of the following provisions of the Copyright, Designs and Patents Act 1988 (c. 48)—

(a)section 107(1) (making or dealing in an article which infringes copyright);

(b)section 107(2) (making or possessing an article designed or adapted for making a copy of a copyright work);

(c)section 198(1) (making or dealing in an illicit recording);

[F4(ca)section 296ZB(1) or (2) (devices and services designed to circumvent technological measures);]

(d)section 297A (making or dealing in unauthorised decoders).

(2)An offence under section 92(1), (2), or (3) of the Trade Marks Act 1994 (c. 26)(unauthorised use etc of trade mark).

Annotations:

Amendments (Textual)

F4Sch. 4 para. 7(1)(ca) inserted (with application in accordance with art. 2 of the amending S.S.I.) by The Proceeds of Crime Act 2002 Amendment (Scotland) Order 2011 (S.S.I. 2011/231), arts. 1, 4(b)

Commencement Information

I7Sch. 4 para. 7 in force at 24.3.2003 by S.S.I. 2003/210, art. 2(1)(a)

Pimps and brothelsS

8An offence under either of the following provisions of the Criminal Law (Consolidation) (Scotland) Act 1995 (c. 39)—

(a)section 11(1) (living on earnings of prostitution or soliciting for immoral purposes);

[F5(aa)section 11(4) (aiding, abetting or compelling prostitution for gain);]

(b)section 11(5) (running of brothels).

Annotations:

Amendments (Textual)

F5Sch. 4 para. 8(aa) inserted (with application in accordance with art. 2 of the amending S.S.I.) by The Proceeds of Crime Act 2002 Amendment (Scotland) Order 2011 (S.S.I. 2011/231), arts. 1, 4(c)

Commencement Information

I8Sch. 4 para. 8 in force at 24.3.2003 by S.S.I. 2003/210, art. 2(1)(a)

Traffic in prostitution etc. S

[F68A. An offence under section 22 of the Criminal Justice (Scotland) Act 2003 (asp 7) (traffic in prostitution etc.).]

Annotations:

Amendments (Textual)

BlackmailS

9An offence of blackmail or extortion.

Annotations:

Commencement Information

I9Sch. 4 para. 9 in force at 24.3.2003 by S.S.I. 2003/210, art. 2(1)(a)

[F7Gangmasters]S

[F89AAn offence under section 12(1) or (2) of the Gangmasters (Licensing) Act 2004 (acting as a gangmaster other than under the authority of a licence, possession of false documents etc).]

Annotations:

Amendments (Textual)

F7Sch. 4 para. 9A cross-heading inserted (with application in accordance with art. 2 of the amending S.S.I.) by The Proceeds of Crime Act 2002 Amendment (Scotland) Order 2011 (S.S.I. 2011/231), arts. 1, 4(d)

Consumer creditS

[F99AA.An offence under section 23(1) of the Financial Services and Markets Act 2000 (contravention of the general prohibition) if it concerns the carrying on, or purported carrying on, of a credit-related regulated activity (as defined by section 23(1B) of that Act).]

Annotations:

Amendments (Textual)

F10...S

F109B.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations:

Amendments (Textual)

F10Sch. 4 para. 9B and heading omitted (26.7.2013 for specified purposes, 1.4.2014 in so far as not already in force) by virtue of The Financial Services and Markets Act 2000 (Regulated Activities) (Amendment) (No.2) Order 2013 (S.I. 2013/1881), art. 1(2)(6), Sch. para. 8

Distribution of obscene materialS

[F119C.An offence under section 51(2) of the Civic Government (Scotland) Act 1982 (obscene material).

Annotations:

Amendments (Textual)

F11Sch. 4 paras. 9B-9F inserted (with application in accordance with art. 2 of the amending S.S.I.) by The Proceeds of Crime Act 2002 Amendment (Scotland) Order 2011 (S.S.I. 2011/231), arts. 1, 4(e)

Unclassified video recordingsS

9D.An offence under either of the following provisions of the Video Recordings Act 1984—

(a)section 9(1) (supplying video recording of unclassified work);

(b)section 10(1) (possession of video recording of unclassified work for the purposes of supply).

Annotations:

Amendments (Textual)

F11Sch. 4 paras. 9B-9F inserted (with application in accordance with art. 2 of the amending S.S.I.) by The Proceeds of Crime Act 2002 Amendment (Scotland) Order 2011 (S.S.I. 2011/231), arts. 1, 4(e)

Private security industryS

9E.An offence under section 5(1) of the Private Security Industry Act 2001 (using an unlicensed security operative).

Annotations:

Amendments (Textual)

F11Sch. 4 paras. 9B-9F inserted (with application in accordance with art. 2 of the amending S.S.I.) by The Proceeds of Crime Act 2002 Amendment (Scotland) Order 2011 (S.S.I. 2011/231), arts. 1, 4(e)

Serious organised crimeS

9F.(1)An offence under either of the following provisions of the Criminal Justice and Licensing (Scotland) Act 2010—

(a)section 28(1) (involvement in serious organised crime);

(b)section 30(1) or (2) (directing serious organised crime).

(2)An offence to which section 29(1) of the Criminal Justice and Licensing (Scotland) Act 2010 (offences aggravated by connection with serious organised crime) applies.]

Annotations:

Amendments (Textual)

F11Sch. 4 paras. 9B-9F inserted (with application in accordance with art. 2 of the amending S.S.I.) by The Proceeds of Crime Act 2002 Amendment (Scotland) Order 2011 (S.S.I. 2011/231), arts. 1, 4(e)

Inchoate offencesS

10(1)An offence of [F12attempting,] conspiring or inciting the commission of an offence specified in this Schedule.

(2)An offence of aiding, abetting, counselling or procuring the commission of such an offence.

Annotations:

Amendments (Textual)

F12Word in Sch. 4 para. 10(1) inserted (with application in accordance with art. 2 of the amending S.S.I.) by The Proceeds of Crime Act 2002 Amendment (Scotland) Order 2011 (S.S.I. 2011/231), arts. 1, 4(f)

Commencement Information

I10Sch. 4 para. 10 in force at 24.3.2003 by S.S.I. 2003/210, art. 2(1)(a)