Part 3Confiscation: Scotland
Accused unlawfully at large
114Discharge of order
1
Subsection (2) applies if—
a
the court makes a confiscation order under section 92 as applied by section 112,
b
the accused is later tried for the offence or offences concerned and acquitted of the offence or offences, and
c
he applies to the court to discharge the order.
2
In such a case the court must discharge the order.
3
Subsection (4) applies if—
a
the court makes a confiscation order under section 92 as applied by section 112,
b
the accused ceases to be unlawfully at large,
c
subsection (1)(b) does not apply, and
d
he applies to the court to discharge the order.
4
In such a case the court may discharge the order if it finds that—
a
there has been undue delay in continuing the proceedings mentioned in section 112(1), or
b
the prosecutor does not intend to proceed with the prosecution.
5
If the court discharges a confiscation order under this section it may make such a consequential or incidental order as it thinks is appropriate.