http://www.legislation.gov.uk/ukpga/1995/43/section/6Proceeds of Crime (Scotland) Act 1995An Act to consolidate as regards Scotland certain enactments relating to the confiscation of the proceeds of, and forfeiture of property used in, crime.1995-11-08texttext/xmlenStatute Law Database2024-04-02Expert Participation2024-01-04 PART I 61In this Act references to an “implicative gift” are references to a gift (whether made before or after the commencement of this Act)—amade not more than six years before the date on which, in respect of a person suspected of, or charged with, a drug trafficking offence, the proceedings were commenced or a restraint order was made (whichever first occurs); orbmade at any time if the gift was of property—ireceived by the giver in connection with drug trafficking carried on by him or another, oriiwhich, in whole or in part, directly or indirectly represented in the giver’s hands property received by him in that connection.2The value of an implicative gift shall be assessed in accordance with section 7 of this Act.3Where the court is satisfied, on the application of a person in receipt of an implicative gift made before or after a confiscation order has been made—athat the person received the gift not knowing, not suspecting and not having reasonable grounds to suspect that the giver was in any way concerned in drug trafficking; andbthat he is not, and has never been, associated with the giver in drug trafficking; andcthat he would suffer hardship if the application were not granted,it may make an order declaring that the gift or a part of the gift shall not be an implicative gift and that the property or part of the property of the recipient of the gift shall not be, or shall cease to be, realisable for the purposes of this Part of this Act and, if a confiscation order has already been made, varying that order accordingly, where necessary.4An appeal shall lie to the High Court at the instance of—athe applicant against the refusal;bthe prosecutor against the granting,of an application under subsection (3) above on the ground that there has been a miscarriage of justice.5The procedure in an appeal under this section shall be the same as the procedure in an appeal against sentence.Pt. I (ss. 1-20) excluded (1.4.1996) by 1995 c. 40, ss. 4, 7(2), Sch. 3 Pt. II para. 15(1)Pt. I (ss. 1-20) applied (with modifications) (1.5.1999) by S.I. 1999/673, art. 4, Sch. 3 paras. 1-12Pt. I (ss. 1-20) (except s. 2(7)) repealed (24.2.2003 in so far as repeals ss. 18-20 and otherwise 24.3.2003) by Proceeds of Crime Act 2002 (c. 29), ss. 456-458(1), Sch. 11 para. 28(2)(a), Sch. 12; S.I. 2003/120, art. 2(1), Sch. (subject to arts. 3-7 (as amended by S.I. 2003/333, art. 14)); S.S.I. 2003/210, art. 2, Sch. (subject to arts. 3-7)