Proceeds of Crime (Scotland) Act 1995 (c. 43)

PART II S Forfeiture of Property used in Crime

Modifications etc. (not altering text)

C1 Pt. 2 excluded (8.2.2007) by Wireless Telegraphy Act 2006 (c. 36), ss. 103, 126(2), Sch. 5 para. 7(b)

C2 Pt. II (ss. 21-27) restricted (1.4.1996) by 1995 c. 40, ss. 4, 7(2), Sch. 3 Pt. II para. 15(2)

Pt. II (ss. 21-27) restricted (1.4.1996) by 1998 c. 53, s. 33A (as inserted (1.4.1996) by 1995 c. 40, ss. 5, 7(2), Sch. 4 para. 71(6)

Pt. II (ss. 21-27) applied (with modifications) (1.5.1999) by S.I. 1999/675, art. 4, Sch. 3 paras. 2-7

27 Appeal against court decision under section 25(1) or 26(1). S

(1) An appeal shall lie to the [F1 appropriate Appeal Court] at the instance of—

(a) the applicant against the refusal;

(b) the prosecutor against the granting,

of an application under section 25(1) or 26(1) of this Act, and the [F2 appropriate Appeal Court] in determining such an appeal may make such order as could have been made by the court on an application under that section.

(2) The procedure in an appeal under this section shall be the same as the procedure in an appeal against sentence.

(3) Where a suspended forfeiture order relating to heritable property situated in Scotland is recalled on appeal to the [F3 appropriate Appeal Court], the prosecutor shall, as soon as may be after the appeal has been disposed of, cause a certified copy of the interlocutor of the Court to be recorded in the General Register of Sasines or, as the case may be, registered in the Land Register of Scotland.

[F4 (4) In this section, “appropriate Appeal Court” means—

(a) in the case of an appeal under this section against the refusal or grant of an application in summary proceedings, the Sheriff Appeal Court; and

(b) in the case of an appeal under this section against the refusal or grant of an application in proceedings on indictment, the High Court of Justiciary.]

Textual Amendments

F1 Words in s. 27(1) substituted (22.9.2015) by The Courts Reform (Scotland) Act 2014 (Consequential Provisions No. 2) Order 2015 (S.S.I. 2015/338), art. 1, sch. 2 para. 4(2) (with art. 4)

F2 Words in s. 27(1) substituted (22.9.2015) by The Courts Reform (Scotland) Act 2014 (Consequential Provisions No. 2) Order 2015 (S.S.I. 2015/338), art. 1, sch. 2 para. 4(3) (with art. 4)

F3 Words in s. 27(3) substituted (22.9.2015) by The Courts Reform (Scotland) Act 2014 (Consequential Provisions No. 2) Order 2015 (S.S.I. 2015/338), art. 1, sch. 2 para. 4(2) (with art. 4)

F4 S. 27(4) inserted (22.9.2015) by The Courts Reform (Scotland) Act 2014 (Consequential Provisions No. 2) Order 2015 (S.S.I. 2015/338), art. 1, sch. 2 para. 4(4) (with art. 4)