SCHEDULES

SCHEDULE 5 Amendments to the Criminal Justice (Scotland) Act 1987 Relating to Part II

9

In section 7 (application of provisions relating to fines to enforcement of confiscation orders)—

a

in subsection (1)—

i

after “203” there shall be inserted the words “ or, as the case may be, 402 and 412 ”;

ii

for the words from “as applied” to “below shall” there shall be substituted the words “ the provisions of that Act specified in subsection (2) below (or those provisions as applied by section 194 of that Act) shall ”;

b

in subsection (2)—

i

in the entry relating to section 398, at the end there shall be inserted the words

but as if subsection (1)—

a

gave the prosecutor an opportunity to be heard at any enquiry thereunder; and

b

applied whether the offender was in prison or not;

ii

in the entry relating to section 411, the words “except the proviso to subsection (3)” shall cease to have effect;

c

after subsection (2) there shall be inserted the following subsection—

2A

Where a court, by virtue of subsection (1) above, orders the sum due under a confiscation order to be recovered by civil diligence under section 411 of the Criminal Procedure (Scotland) Act 1975, any arrestment executed by a prosecutor under subsection (2) of section 11A of this Act shall be deemed to have been executed by the court as if that subsection authorised such execution.