Criminal Justice (Scotland) Act 1995

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;”; and

(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.”.