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.