C1C2C3C4 Part 3 Confiscation: Scotland

Annotations:

Interpretation

I1C2151C2 Proceedings

1

Proceedings for an offence are instituted against a person—

a

on his arrest without warrant;

b

when he is charged with the offence without being arrested;

c

when a warrant to arrest him is granted;

d

when a warrant to cite him is granted;

e

when he first appears on petition or when an indictment or complaint is served on him.

2

If more than one time is found under subsection (1) in relation to proceedings they are instituted at the earliest of those times.

3

Proceedings for an offence are concluded when—

a

the trial diet is deserted simpliciter,

b

the accused is acquitted or, under section 65 or 147 of the Procedure Act, discharged or liberated,

c

the court sentences the accused without making a confiscation order and without postponing a decision as regards making such an order,

d

the court decides, after such a postponement, not to make a confiscation order,

e

the accused’s conviction is quashed, or

f

the accused is pardoned.

4

If a confiscation order is made against the accused in proceedings for an offence, the proceedings are concluded—

a

when the order is satisfied or discharged, or

b

when the order is quashed and there is no further possibility of an appeal against the decision to quash the order.

5

If—

a

the accused is convicted in proceedings for an offence but the court decides not to make a confiscation order against him, and

b

on appeal under section 108(1)(ca) or 175(4)(ca) of the Procedure Act, the High Court of Justiciary refuses the appeal,

the proceedings are concluded on the determination of the appeal.