he is convicted of an offence or offences, whether in solemn or summary proceedings, or

in the case of summary proceedings in respect of an offence (without proceeding to conviction) an order is made discharging him absolutely.

it must decide whether the accused has a criminal lifestyle;

if it decides that he has a criminal lifestyle it must decide whether he has benefited from his general criminal conduct;

if it decides that he does not have a criminal lifestyle it must decide whether he has benefited from his particular criminal conduct.

it must decide the recoverable amount, and

it must make an order (a confiscation order) requiring him to pay that amount.

the available amount, or

a nominal amount, if the available amount is nil.

the court believes is just, but

does not exceed the amount found under subsection (1) or (2) (as the case may be).

any property in respect of which a recovery order is in force under section 266,

any property which has been forfeited in pursuance of a forfeiture notice under section 297A F71or an account forfeiture notice under section 303Z9, F78...

any property in respect of which a forfeiture order is in force under section 298(2)F72, 303O(3), 303R(3) or 303Z14(4)F73, and

any property which is the forfeitable property in relation to an order under section 303Q(1).

deciding whether the accused has benefited from conduct, and

deciding his benefit from the conduct.

conduct occurring up to the time it makes its decision;

property obtained up to that time.

the conduct concerned is general criminal conduct,

a confiscation order mentioned in subsection (5) has at an earlier time been made against the accused, and

his benefit for the purposes of that order was benefit from his general criminal conduct.

the amount ordered to be paid under each confiscation order previously made against the accused;

the total of the values (at the time the confiscation order is made) of all the free property then held by the accused minus the total amount payable in pursuance of obligations which then have priority, and

the total of the values (at that time) of all tainted gifts.

it is an obligation of the accused to pay an amount due in respect of a fine or other order of a court which was imposed or made on conviction for an offence and at any time before the confiscation order is made, or

deciding whether he has benefited from his general criminal conduct, and

deciding his benefit from the conduct.

as a result of his general criminal conduct, and

at the earliest time he appears to have held it.

as a result of his general criminal conduct, and

at the earliest time he appears to have held it.

the assumption is shown to be incorrect, or

there would be a serious risk of injustice if the assumption were made.

the day when proceedings for the offence concerned were instituted against the accused, or

if there are two or more offences and proceedings for them were instituted on different days, the earliest of those days.

the relevant day is the day when the accused’s benefit was calculated for the purposes of the last such confiscation order;

the second assumption does not apply to any property which was held by him on or before the relevant day.

the date on which the accused was convicted of the offence concerned, or

if there are two or more offences and the convictions are on different dates, the date of the latest.

it imposes a fine on the accused, or

it makes an order falling within subsection (3).

an order involving payment by the accused, other than a compensation order under section 249 of the Procedure Act (compensation orders);

an order under section 27 of the Misuse of Drugs Act 1971 (c. 38) (forfeiture orders);

an order under Part 2 of the Proceeds of Crime (Scotland) Act 1995 (c. 43) (forfeiture orders);

an order under section 23 F8or 23A of the Terrorism Act 2000 (c. 11) (forfeiture orders).

a court makes both a confiscation order and a compensation order under section 249 of the Procedure Act against the same person in the same proceedings, and

the court believes he will not have sufficient means to satisfy both the orders in full.

on the making of the confiscation order, and

if it does not make a compliance order then, at any later time (while the confiscation order is still in effect) on the application of the prosecutor.

the prosecutor;

the accused.

a compliance order has been made in relation to an accused, and

it appears to the court that the accused has failed to comply with the compliance order.

issue a warrant for the accused's arrest, or

issue a citation to the accused requiring the accused to appear before the court.

provide the accused with written details of the alleged failure,

inform the accused that the accused is entitled to be legally represented, and

impose on the accused a fine not exceeding level 3 on the standard scale,

revoke the compliance order and impose on the accused a sentence of imprisonment for a term not exceeding 3 months,

vary the compliance order, or

both impose a fine under paragraph (a) and vary the order under paragraph (c).

that the accused has failed to comply with the order,

that the accused had a reasonable excuse for the failure, and

that, having regard to the circumstances which have arisen since the order was imposed, it is in the interests of justice to vary the order.

obtain the relevant consent; or

where he is unable to do so, apply to the court for authority to carry out the disposal.

the needs and financial resources of the spouse or former spouse of the person concerned;

the needs and financial resources of any child of the family;

the length of the period during which the family home has been used as a residence by any of the persons referred to in paragraph (a) or (b),

to an action for division and sale of the family home of the person concerned; or

to an action for the purpose of obtaining vacant possession of that home,

proceed under section 92 before it sentences the accused for the offence (or any of the offences concerned), or

postpone proceedings under section 92 for a specified period.

the accused appeals against his conviction for the offence (or any of the offences) concerned, and

the period of three months (starting with the day when the appeal is determined or otherwise disposed of) ends after the period found under subsection (5),

on application by the accused;

on application by the prosecutor;

by the court of its own motion.

proceedings are postponed for a period, and

an application to extend the period is made before it ends,

the date on which the accused was convicted of the offence concerned, or

if there are two or more offences and the convictions were on different dates, the date of the latest.

imposed a fine on the accused;

made an order falling within section 97(3);

made an order under section 249 of the Procedure Act.

impose a fine on him,

make an order falling within section 97(3), or

make an order for the payment of compensation under section 249 of the Procedure Act.

imposing a fine on him,

making an order falling within section 97(3), or

making an order for the payment of compensation under section 249 of the Procedure Act.

section 176(1) of the Procedure Act (stated case: manner and time of appeal) has effect in relation to an appeal under section 175(2)(a) or (d) as if the reference to the final determination of the proceedings were a reference to the relevant day, and

the draft stated case in such an appeal must be prepared and issued within 3 weeks of the relevant day.

in the case of an appeal against conviction where the court has sentenced the accused under subsection (1), the day on which the postponement period commenced;

in any other case, the day on which sentence is passed in open court.

whether the accused has a criminal lifestyle;

whether he has benefited from his general criminal conduct;

his benefit from the conduct.

in connection with the making by the court of a required assumption under section 96;

for the purpose of enabling the court to decide if the circumstances are such that it must not make such an assumption.

whether the accused has benefited from his particular criminal conduct;

his benefit from the conduct.

he may at any time give the court a further statement of information;

he must give the court a further statement of information if it orders him to do so, and he must give it within the period the court orders.

to indicate the extent to which he accepts each allegation in the statement, and

so far as he does not accept such an allegation, to give particulars of any matters he proposes to rely on,

any allegation in respect of which he has complied with the requirement;

any allegation that he has benefited from his general or particular criminal conduct.

an allegation in a statement of information is challenged by the accused, or

the matters referred to in subsection (1)(b) are challenged by the prosecutor,

in giving information required by an order under this section, or

in any other statement given to the court in relation to any matter relevant to deciding the available amount under section 95,

the first condition in section 92 is satisfied but no court has proceeded under that section,

the prosecutor has evidence which was not available to him on the relevant date,

before the end of the period of six years starting with the date of conviction the prosecutor applies to the court to consider the evidence, and

after considering the evidence the court thinks it is appropriate for it to proceed under section 92.

conduct occurring before the relevant date;

property obtained before that date;

property obtained on or after that date if it was obtained as a result of or in connection with conduct occurring before that date.

the first and second assumptions do not apply with regard to property first held by the accused on or after the relevant date;

the third assumption does not apply with regard to expenditure incurred by him on or after that date;

the fourth assumption does not apply with regard to property obtained (or assumed to have been obtained) by him on or after that date.

the court believes is just, but

does not exceed the amount found under section 93.

the amount found under section 93;

any fine imposed on the accused in respect of the offence (or any of the offences) concerned;

any order which falls within section 97(3) and has been made against him in respect of the offence (or any of the offences) concerned and has not already been taken into account by a court in deciding what is the free property held by the accused for the purposes of section 95;

any compensation order which has been made against him in respect of the offence (or any of the offences) concerned under section 249 of the Procedure Act.

if the court made a decision not to proceed under section 92, the date of the decision;

if the court did not make such a decision, the date of the conviction.

the date on which the accused was convicted of the offence concerned, or

if there are two or more offences and the convictions were on different dates, the date of the latest.

the accused has a criminal lifestyle but has not benefited from his general criminal conduct, or

the accused does not have a criminal lifestyle and has not benefited from his particular criminal conduct.

the prosecutor has evidence which was not available to him when the court decided that the accused had not benefited from his general or particular criminal conduct,

before the end of the period of six years starting with the date of conviction the prosecutor applies to the court to consider the evidence, and

after considering the evidence the court concludes that it would have decided that the accused had benefited from his general or particular criminal conduct (as the case may be) if the evidence had been available to it.

must make a fresh decision under section 92(5)(b) or (c) as to whether the accused has benefited from his general or particular criminal conduct (as the case may be);

may make a confiscation order under that section.

conduct occurring before the date of the original decision that the accused had not benefited from his general or particular criminal conduct;

property obtained before that date;

property obtained on or after that date if it was obtained as a result of or in connection with conduct occurring before that date.

the first and second assumptions do not apply with regard to property first held by the accused on or after the date of the original decision that the accused had not benefited from his general or particular criminal conduct;

the third assumption does not apply with regard to expenditure incurred by him on or after that date;

the fourth assumption does not apply with regard to property obtained (or assumed to have been obtained) by him on or after that date.

the court believes is just, but

does not exceed the amount found under section 93.

the amount found under section 93;

any fine imposed on the accused in respect of the offence (or any of the offences) concerned;

any order which falls within section 97(3) and has been made against him in respect of the offence (or any of the offences) concerned and has not already been taken into account by a court in deciding what is the free property held by the accused for the purposes of section 95;

any compensation order which has been made against him in respect of the offence (or any of the offences) concerned under section 249 of the Procedure Act.

a court has made a confiscation order,

there is evidence which was not available to the prosecutor at the relevant time,

the prosecutor believes that if the court were to find the amount of the accused’s benefit in pursuance of this section it would exceed the relevant amount,

before the end of the period of six years starting with the date of conviction the prosecutor applies to the court to consider the evidence, and

after considering the evidence the court thinks it is appropriate for it to proceed under this section.

conduct occurring up to the time it decided the accused’s benefit for the purposes of the confiscation order;

property obtained up to that time;

property obtained after that time if it was obtained as a result of or in connection with conduct occurring before that time.

the first and second assumptions do not apply with regard to property first held by the accused after the time the court decided his benefit for the purposes of the confiscation order;

the third assumption does not apply with regard to expenditure incurred by him after that time;

the fourth assumption does not apply with regard to property obtained (or assumed to have been obtained) by him after that time.

must make a new calculation of the recoverable amount for the purposes of section 92, and

if it exceeds the amount required to be paid under the confiscation order, may vary the order by substituting for the amount required to be paid such amount as it believes just.

take the new calculation of the accused’s benefit;

apply section 95 as if references to the time the confiscation order is made were to the time of the new calculation of the recoverable amount and as if references to the date of the confiscation order were to the date of that new calculation.

any fine imposed on the accused for the offence (or any of the offences) concerned;

any order which falls within section 97(3) and has been made against him in respect of the offence (or any of the offences) concerned and has not already been taken into account by a court in deciding what is the free property held by the accused for the purposes of section 95;

any order which has been made against him in respect of the offence (or any of the offences) concerned under section 249 of the Procedure Act.

when the court calculated the accused’s benefit for the purposes of the confiscation order, if this section has not applied previously;

when the court last calculated the accused’s benefit in pursuance of this section, if this section has applied previously.

the amount found as the accused’s benefit for the purposes of the confiscation order, if this section has not applied previously;

the amount last found as the accused’s benefit in pursuance of this section, if this section has applied previously.

a court has made a confiscation order,

the amount required to be paid was the amount found under section 93(2), and

the prosecutor applies to the court to make a new calculation of the available amount.

it thinks is just, but

does not exceed the amount found as the accused’s benefit from the conduct concerned.

any fine imposed on the accused for the offence (or any of the offences) concerned;

any order which falls within section 97(3) and has been made against him in respect of the offence (or any of the offences) concerned and has not already been taken into account by a court in deciding what is the free property held by the accused for the purposes of section 95;

any order which has been made against him in respect of the offence (or any of the offences) concerned under section 249 of the Procedure Act.

the amount found as the available amount for the purposes of the confiscation order, if this section has not applied previously;

the amount last found as the available amount in pursuance of this section, if this section has applied previously.

the amount so found when the confiscation order was made, or

if one or more new calculations of the accused’s benefit have been made under section 106 the amount found on the occasion of the last such calculation.

a court has made a confiscation order, and

the accused or the prosecutor applies to the court to vary the order under this section.

a court has made a confiscation order,

the prosecutor applies to the court to discharge the order under this section, and

the amount remaining to be paid under the order is less than £1,000.

finds that the available amount (as so calculated) is inadequate to meet the amount remaining to be paid, and

is satisfied that the inadequacy is due wholly to a specified reason or a combination of specified reasons,

in a case where any of the realisable property consists of money in a currency other than sterling, that fluctuations in currency exchange rates have occurred;

any reason specified by the Scottish Ministers.

the court proceeds under section 92 in pursuance of section 104 or 105, or

the prosecutor applies under section 106.

the prosecutor must give the court a statement of information within such period as the court may specify;

section 101 applies accordingly (with appropriate modifications where the prosecutor applies under section 106);

sections 102 and 103 apply accordingly.

he is convicted of an offence or offences, whether in solemn or summary proceedings, or

in the case of summary proceedings in respect of an offence (without proceeding to conviction) an order is made discharging him absolutely.

any person the court believes is likely to be affected by an order under section 92 is entitled to appear before the court and make representations;

the court must not make an order under section 92 unless the prosecutor has taken reasonable steps to contact the accused;

section 92(12) applies as if the reference to subsection (2) were to subsection (1) of this section;

sections 96, 101(3), 102 and 103 do not apply;

sections 104, 105 and 106 do not apply while the accused is still unlawfully at large.

section 104 has effect as if subsection (1) read—

section 105 has effect as if subsection (3) read—

section 106 has effect as if subsection (1) read—

the modifications set out in subsection (3)(a) to (d) of this section do not apply to proceedings that take place by virtue of section 104, 105 or 106 (as applied by this subsection).

proceedings for an offence or offences are instituted against an accused but are not concluded,

he is unlawfully at large, and

the period of F53three months (starting with the day the court believes he first became unlawfully at large) has ended.

any person the court believes is likely to be affected by an order under section 92 is entitled to appear before the court and make representations;

the court must not make an order under section 92 unless the prosecutor has taken reasonable steps to contact the accused;

section 92(12) applies as if the reference to subsection (2) were to subsection (1) of this section;

sections 96, 101(3), 102, 103, 104 and 105 do not apply;

section 106 does not apply while the accused is still unlawfully at large.

section 106 has effect as if subsection (1) read—

the modifications set out in subsection (3)(a) to (d) of this section do not apply to proceedings that take place by virtue of section 106 (as applied by this subsection).

the court makes an order under section 92 as applied by this section, and

the accused is later convicted of the offence (or any of the offences) concerned,

the court makes a confiscation order under section 92 as applied by section 112,

the accused ceases to be unlawfully at large,

he is convicted of an offence (or any of the offences) mentioned in section 112(1)(a),

he believes that the amount required to be paid was too large (taking the circumstances prevailing when the amount was found for the purposes of the order), and

before the end of the relevant period he applies to the court to consider the evidence on which his belief is based.

it must find the amount which should have been the amount required to be paid (taking the circumstances prevailing when the amount was found for the purposes of the order), and

it may vary the order by substituting for the amount required to be paid such amount as it believes is just.

the date on which the accused was convicted of the offence mentioned in section 112(1)(a), or

if there are two or more offences and the convictions were on different dates, the date of the latest.

the court makes a confiscation order under section 92 as applied by section 112,

the accused is later tried for the offence or offences concerned and acquitted of the offence or offences, and

he applies to the court to discharge the order.

the court makes a confiscation order under section 92 as applied by section 112,

the accused ceases to be unlawfully at large,

subsection (1)(b) does not apply, and

he applies to the court to discharge the order.

there has been undue delay in continuing the proceedings mentioned in section 112(1), or

the prosecutor does not intend to proceed with the prosecution.

must start with the day on which the confiscation order is made, and

must not exceed six months.

must start with the day on which the confiscation order is made, and

must not exceed 12 months.

may be made after the end of the specified period, but

must not be made after the end of the period of twelve months starting with the day on which the confiscation order is made.

an application has been made under section 116(4),

the application has not been determined by the court, and

the period of 12 months starting with the day on which the confiscation order was made has not ended.

section 211(3) to (6);

section 214(4) to (6), but as if the references in subsection (4) to payment by instalments were omitted;

section 217;

section 218(2) and (3);

section 220, but as if the reference in subsection (1) to payment of a sum by the person included a reference to payment of the sum in respect of the person by an administrator appointed in relation to the confiscation order;

section 221 F46(other than subsection (3) and as if the words “Subject to subsection (3) below,” were omitted); but that section does not apply where an administrator is appointed in relation to the confiscation order;

section 222, except that for the purposes of that section “confiscation order” in subsection (1) above must be construed as including such an order within the meaning of the Drug Trafficking Act 1994 (c. 37), the Criminal Justice (Confiscation) (Northern Ireland) Order 1990 (S.I. 1990/2588 (N.I. 17)), the Proceeds of Crime (Northern Ireland) Order 1996 (S.I. 1996/1299 (N.I. 9)) or of Part 2 or 4 of this Act;

section 223;

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

amend section 219(2) of the Procedure Act (as applied by this section) so as to provide for minimum periods of imprisonment in respect of amounts ordered to be paid under a confiscation order;

amend the Table in subsection (2A) so as to remove, alter or replace any entry (including an entry inserted by virtue of paragraph (a) of this subsection) or to add any entry;

apply (with or without modifications) any provision of the Procedure Act relating to enforcement of fines in consequence of exercising the power in paragraph (a) or (b) (including modifying any such provision in its application in relation to confiscation orders by virtue of this section).

before the words “section 90” there were inserted “section 35 of the Criminal Justice Act (Northern Ireland) 1945,”;

in relation to a transfer of fine order under section 35 of that Act, for “139 of the Powers of Criminal Courts (Sentencing) Act 2000” there were substituted “ 185(2A) of the Proceeds of Crime Act 2002 ”.

a warrant for apprehension of the accused is issued for a default in payment of the amount ordered to be paid under a confiscation order in respect of an offence or offences, and

at the time the warrant is issued the accused is liable to serve a period of imprisonment or detention (other than one of life imprisonment or detention for life) in respect of the offence (or any of the offences).

a criminal investigation has been instituted in Scotland with regard to an offence, and

there F56are reasonable grounds to suspect that the alleged offender has benefited from his criminal conduct.

proceedings for an offence have been instituted in Scotland and not concluded, and

there is reasonable cause to believe that the accused has benefited from his criminal conduct.

an application by the prosecutor has been made under section 104, 105, 111 or 112 and not concluded, or the court believes that such an application is to be made, and

there is reasonable cause to believe that the accused has benefited from his criminal conduct.

an application by the prosecutor has been made under section 106 and not concluded, or the court believes that such an application is to be made, and

there is reasonable cause to believe that the court will decide under that section that the amount found under the new calculation of the accused’s benefit exceeds the relevant amount (as defined in that section).

an application by the prosecutor has been made under section 107 and not concluded, or the court believes that such an application is to be made, and

there is reasonable cause to believe that the court will decide under that section that the amount found under the new calculation of the available amount exceeds the relevant amount (as defined in that section).

there has been undue delay in continuing the proceedings, or

the prosecutor does not intend to proceed.

there has been undue delay in continuing the application, or

the prosecutor does not intend to proceed.

references in this Part to the accused are to the alleged offender;

references in this Part to the prosecutor are to the person the court believes is to have conduct of any proceedings for the offence;

section 144(8) has effect as if proceedings for the offence had been instituted against the accused when the investigation was instituted.

the Court of Session, where a trial diet or a diet fixed for the purposes of section 76 of the Procedure Act in proceedings for the offence or offences concerned is to be, is being or has been held in the High Court of Justiciary;

the sheriff exercising his civil jurisdiction, where a diet referred to in paragraph (a) is to be, is being or has been held in the sheriff court.

to all realisable property held by the specified person whether or not the property is described in the order;

to realisable property transferred to the specified person after the order is made.

make provision for reasonable living expenses and reasonable legal expenses;

make provision for the purpose of enabling any person to carry on any trade, business, profession or occupation;

be made subject to conditions.

relate to an offence which falls within subsection (5), and

are incurred by a person against whom proceedings for the offence have been instituted or by a recipient of a tainted gift.

the offence mentioned in section 119(2) or (3), if the first or second condition (as the case may be) is satisfied;

the offence (or any of the offences) concerned, if the third, fourth or fifth condition is satisfied.

must include in the order a requirement for the applicant for the order to report to the court on the progress of the investigation at such times and in such manner as the order may specify (a “reporting requirement”), and

must recall the order if proceedings for the offence are not instituted within a reasonable time (and this duty applies whether or not an application to recall the order is made under section 121(5)).

must give reasons for its decision, and

may at any time vary the order so as to include a reporting requirement (and this power applies whether or not an application to vary the order is made under section 121(5)).

section 9 of the Drug Trafficking Offences Act 1986 (c. 32),

Part 6 of the Criminal Justice Act 1988 (c. 33),

Article 14 of the Criminal Justice (Confiscation) (Northern Ireland) Order 1990 (S.I. 1990/2588 (N.I. 17)),

section 27 of the Drug Trafficking Act 1994 (c. 37), or

Article 32 of the Proceeds of Crime (Northern Ireland) Order 1996 (S.I. 1996/1299 (N.I. 9)).

is seized by an appropriate officer under a relevant seizure power, or

is produced to an appropriate officer in compliance with a production order under section 380.

relate to specified property, to property of a specified description or to all property to which the restraint order applies;

relate to property that has already been seized or produced or to property that may be seized or produced in future.

a constable;

an officer of Revenue and Customs;

an immigration officer;

a National Crime Agency officer;

section 127C or 387,

a warrant granted under any other enactment or any rule of law, or

any other enactment, or any rule of law, under which the authority of a warrant is not required.

recall the order;

vary the order.

the restraint order is in force at the time when the conviction is quashed or the verdict set aside (as the case may be), and

the High Court of Justiciary has granted authority under section 118(1)(c) or 183(1)(d) of the Procedure Act to bring a new prosecution or the prosecutor has requested that the court grant such authority.

if the High Court of Justiciary refuses a request to grant authority under section 118(1)(c) or 183(1)(d) of the Procedure Act to bring a new prosecution,

if the High Court of Justiciary has granted authority under section 118(1)(c) or 183(1)(d) of the Procedure Act to bring a new prosecution but no proceedings are commenced by the expiry of the time mentioned in section 119(5) or 185(5) of that Act (as the case may be), or

otherwise, on the conclusion of the proceedings in the new prosecution of the accused under section 119 or 185 of the Procedure Act.

the court must discharge the order if within a reasonable time proceedings for the offence are not instituted;

otherwise, the court must recall the order on the conclusion of the proceedings.

the court must discharge the order if within a reasonable time the application is not made;

otherwise, the court must recall the order on the conclusion of the application.

a restraint order includes provision under section 120A authorising the detention of property, and

the restraint order is recalled under section 121(7).

a restraint order includes provision under section 120A authorising the detention of property, and

the restraint order is varied under section 121(7) so as to omit any such provision.

the decision to recall or vary the restraint order, or

any decision made on an appeal against (or review of) that decision.

has effect as if granted on the dependence of an action for debt by the F4prosecutor against the person and may be executed, recalled, loosed or restricted accordingly, and

must forthwith be registered by the prosecutor in the Register of Inhibitions

apply for the recall or, as the case may be, the restriction of the inhibition, and

ensure that the recall or restriction is reflected in the Register of Inhibitions and Adjudications.

appoint an administrator to take possession of any realisable property to which the order applies and (in accordance with the court’s directions) to manage or otherwise deal with the property;

order a person who has possession of property in respect of which an administrator is appointed to give him possession of it.

may order a person holding an interest in realisable property to which the restraint order applies to make to the administrator such payment as the court specifies in respect of a beneficial interest held by the accused or the recipient of a tainted gift;

may (on the payment being made) by order transfer, grant or extinguish any interest in the property.

confer the power mentioned in subsection (1) to manage or otherwise deal with the property, or

exercise the power conferred on it by subsection (5),

selling the property or any part of it or interest in it;

carrying on or arranging for another person to carry on any trade or business the assets of which are or are part of the property;

incurring capital expenditure in respect of the property.

section (9) of the Drug Trafficking Offences Act 1986 (c. 32);

section 78 of the Criminal Justice Act 1988 (c. 33);

Article 14 of the Criminal Justice (Confiscation) (Northern Ireland) Order 1990 (S.I. 1990/2588 (N.I. 17));

section 27 of the Drug Trafficking Act 1994 (c. 37);

Article 32 of the Proceeds of Crime (Northern Ireland) Order 1996 (S.I. 1996/1299 (N.I. 9)).

the applicant for the restraint order;

any administrator appointed under section 125.

a criminal investigation has been started in Scotland with regard to an indictable offence,

a person has been arrested for the offence,

proceedings for the offence have not yet been started against the person in Scotland,

there F57are reasonable grounds to suspect that the person has benefited from conduct constituting the offence, and

a restraint order is not in force in respect of any realisable property.

a criminal investigation has been started in Scotland with regard to an indictable offence,

a person has been arrested for the offence,

proceedings for the offence have not yet been started against the person in Scotland, and

a restraint order is in force in respect of any realisable property.

proceedings for an indictable offence have been started in Scotland and have not been concluded,

there is reasonable cause to believe that the accused has benefited from conduct constituting the offence, and

a restraint order is not in force in respect of any realisable property.

proceedings for an indictable offence have been started in Scotland and have not been concluded, and

a restraint order is in force in respect of any realisable property.

an application by the prosecutor has been made under section 104, 105, 111 or 112 and not concluded, or the officer believes that such an application is to be made, and

there is reasonable cause to believe that the accused has benefited from criminal conduct.

an application by the prosecutor has been made under section 106 and not concluded, or the officer believes that such an application is to be made, and

there is reasonable cause to believe that the court will decide under that section that the amount found under the new calculation of the accused's benefit exceeds the relevant amount (as defined in that section).

an application by the prosecutor has been made under section 107 and not concluded, or the officer believes that such an application is to be made, and

there is reasonable cause to believe that the court will decide under that section that the amount found under the new calculation of the available amount exceeds the relevant amount (as defined in that section).

there has been undue delay in continuing the proceedings, or

the prosecutor does not intend to proceed.

there has been undue delay in continuing the application, or

the prosecutor does not intend to proceed.

the property may otherwise be made unavailable for satisfying any confiscation order that has been or may be made against the accused, or

the value of the property may otherwise be diminished as a result of conduct by the accused or any other person.

cash, or

exempt property.

such tools, books, vehicles and other items of equipment as are necessary to the accused for use personally in the accused's employment, business or vocation;

such clothing, bedding, furniture, household equipment, provisions or other things as are necessary for satisfying the basic domestic needs of the accused and the accused's family.

may be exercised only with the appropriate approval under section 127G unless, in the circumstances, it is not practicable to obtain that approval before exercising the power, and

where applicable, in accordance with subsection (6A) or (6B).

relates to the entitlement of one or more persons who are not nationals of the United Kingdom to enter, transit across, or be in, the United Kingdom (including conduct which relates to conditions or other controls on any such entitlement), or

is undertaken for the purposes of, or otherwise in relation to, a relevant nationality enactment.

in a case where the officer is satisfied that the first, second, third or fourth condition in section 127B is met, the offence mentioned in that condition,

in a case where the officer is satisfied that any of the other conditions in section 127B is met, the offence (or any of the offences) concerned.

the British Nationality Act 1981,

the Hong Kong Act 1985,

the Hong Kong (War Wives and Widows) Act 1996,

the British Nationality (Hong Kong) Act 1997,

the British Overseas Territories Act 2002, or

an instrument made under any of those Acts.

the officer has reasonable grounds for suspecting may be found there, and

if found there, the officer intends to seize under section 127C.

to permit a search of any article with the person,

to permit a search of the person.

an appropriate officer has reasonable grounds for suspecting that a vehicle contains property that may be seized under section 127C, and

it appears to the officer that the vehicle is under the control of a person who is in or in the vicinity of the vehicle.

in any place to which, at the time of the proposed exercise of the powers, the public or any section of the public has access, on payment or otherwise, as of right or by virtue of express or implied permission, or

in any other place to which at that time people have ready access but which is not a dwelling.

that the person does not reside in the dwelling, and

that the vehicle is not in the place in question with the express or implied permission of another who resides in the dwelling.

permit entry to the vehicle,

permit a search of the vehicle.

in relation to the exercise of a power by an officer of Revenue and Customs, an officer of Revenue and Customs of a rank designated by the Commissioners for Her Majesty's Revenue and Customs as equivalent to that of a senior police officer,

in relation to the exercise of a power by an immigration officer, an immigration officer of a rank designated by the Secretary of State as equivalent to that of a senior police officer,

in relation to the exercise of a power by a National Crime Agency officer, the Director General of the National Crime Agency or any other National Crime Agency officer authorised by the Director General (whether generally or specifically) for this purpose,

in relation to the exercise of a power by a constable, a senior police officer.

the officer seizes property under section 127C without the approval of the sheriff, and

any of the property seized is not detained for more than 48 hours.

the officer exercises any of the powers conferred by sections 127D, 127E and 127F without the approval of the sheriff, and

no property is seized under section 127C.

the powers were exercisable, and

it was not practicable to obtain the approval of the sheriff.

any Saturday or Sunday,

Christmas Day,

Good Friday,

any day that is a bank holiday under the Banking and Financial Dealings Act 1971 in Scotland, or

any day prescribed under section 8(2) of the Criminal Procedure (Scotland) Act 1995 as a court holiday in a sheriff court in the sheriff court district within which the power is exercised.

the period beginning with the day on which section 56 of the Policing and Crime Act 2009 comes into force and ending with the next 31 March (which is the first financial year), and

each subsequent period of twelve months beginning with 1 April.

publish any report received under subsection (5), and

lay a copy before the Scottish Parliament.

property is detained under section 127J, and

no restraint order is in force in respect of the property.

the decision to refuse the application, or

any decision made on an appeal against (or review of) that decision.

property is detained under section 127J,

a restraint order is in force in respect of the property, and

the order does not include provision under section 120A authorising the detention of the property.

the decision to refuse the application, or

any decision made on an appeal against (or review of) that decision.

property is detained under section 127J,

no restraint order is in force in respect of the property, and

no application has been made for a restraint order which includes provision under section 120A authorising detention of the property.

any of the conditions in section 127B is met (reading references in that section to the officer as references to the sheriff),

the property or part is realisable property other than exempt property (within the meaning of section 127C(4)), and

the Commissioners for Her Majesty's Revenue and Customs,

an immigration officer;

a constable, or

the prosecutor.

a person mentioned in section 127M(3), or

any person affected by the order.

the order was made on the ground that the first or second condition in section 127B was met but proceedings for the offence mentioned in that condition have not been started within a reasonable time,

the order was made on the ground that the third or fourth condition in section 127B was met but proceedings for the offence mentioned in that condition have now been concluded,

the order was made on the ground that the fifth, sixth or seventh condition in section 127B was met but the application mentioned in that condition has now been concluded or, as the case may be, has not been made within a reasonable time.

a person mentioned in section 127M(3), or

any person affected by the order.

make or (as the case may be) discharge the order, or

vary the order.

an application for an order under section 127M is made within the period mentioned in section 127J, and

the application is refused.

an order is made under section 127M extending the period for which property may be detained under section 127J, and

the order is discharged or varied so that detention of the property is no longer authorised by virtue of the order.

has been seized by an appropriate officer under section 127C, and

is detained under or by virtue of any of sections 127J to 127M and 127P.

any of the conditions in section 127B is met, and

there are reasonable grounds for the suspicion mentioned in section 127C(1).

the carrying out by appropriate officers of the functions conferred by sections 127C to 127H,

the carrying out by senior officers of their functions under section 127G, and

the detention of property under or by virtue of sections 120A, 122A and 127J to 127P.

a confiscation order is made,

it is not satisfied, and

it is not subject to appeal.

power to take possession of any realisable property;

power to manage or otherwise deal with the property;

power to realise any realisable property, in such manner as the court may specify.

may order a person holding an interest in realisable property to make to the administrator such payment as the court specifies in respect of a beneficial interest held by the accused or the recipient of a tainted gift;

may (on the payment being made) by order transfer, grant or extinguish any interest in the property.

confer the power mentioned in subsection (6)(b) or (c) in respect of property, or

exercise the power conferred on it by subsection (10) in respect of property,

selling the property or any part of it or interest in it;

carrying on or arranging for another person to carry on any trade or business the assets of which are or are part of the property;

incurring capital expenditure in respect of the property.

section 9 of the Drug Trafficking Offences Act 1986 (c. 32);

section 78 of the Criminal Justice Act 1988 (c. 33);

Article 14 of the Criminal Justice (Confiscation) (Northern Ireland) Order 1990 (S.I. 199/2588 (N.I. 17));

section 27 of the Drug Trafficking Act 1994 (c. 37);

Article 32 of the Proceeds of Crime (Northern Ireland) Order 1996 (S.I. 1996/1299 (N.I. 9)).

an administrator stands appointed under section 125 in respect of realisable property (the management administrator), and

the court appoints an administrator under section 128.