C4C6C5C1C7C3C2 Part 3 Confiscation: Scotland

Annotations:
Modifications etc. (not altering text)
C6

Pt. 3 applied by Terrorism Act 2000 (c. 11), Sch. 8 paras. 17(4A), 34(3A) (as substituted (24.3.2003) by Proceeds of Crime Act 2002 (c. 29), s. 458(1), Sch. 11 para. 39(4)(5); S.S.I. 2003/210, art. 2(1)(b)(2), sch. (with art. 7); S.I. 2003/333, art. 2, Sch.

C7

Pt. 3 applied (12.2.2019 for specified purposes, 13.8.2020 in so far as not already in force) by Counter-Terrorism and Border Security Act 2019 (c. 3), s. 27(1)(g), Sch. 3 para. 39(6) (with s. 25(9)); S.I. 2020/792, reg. 2(g)

Interpretation

I1C6143C6 Conduct and benefit

1

Criminal conduct is conduct which—

a

constitutes an offence in Scotland, or

b

would constitute such an offence if it had occurred in Scotland.

2

General criminal conduct of the accused is all his criminal conduct, and it is immaterial—

a

whether conduct occurred before or after the passing of this Act;

b

whether property constituting a benefit from conduct was obtained before or after the passing of this Act.

3

Particular criminal conduct of the accused is all his criminal conduct which falls within the following paragraphs—

a

conduct which constitutes the offence or offences concerned;

b

conduct which constitutes offences of which he was convicted in the same proceedings as those in which he was convicted of the offence or offences concerned.

4

A person benefits from conduct if he obtains property as a result of or in connection with the conduct.

5

If a person obtains a pecuniary advantage as a result of or in connection with conduct, he is to be taken to obtain as a result of or in connection with the conduct a sum of money equal to the value of the pecuniary advantage.

6

References to property or a pecuniary advantage obtained in connection with conduct include references to property or a pecuniary advantage obtained both in that connection and in some other.

7

If a person benefits from conduct his benefit is the value of the property obtained.