Part 3

Confiscation: Scotland

Accused unlawfully at large

Conviction or other disposal of accused
111
1
This section applies if an accused is unlawfully at large after—
a
he is convicted of an offence or offences, whether in solemn or summary proceedings, or
b
in the case of summary proceedings in respect of an offence (without proceeding to conviction) an order is made discharging him absolutely.
2
If this section applies the court may, on the application of the prosecutor and if it believes it is appropriate for it to do so, proceed under section 92 in the same way as it must proceed if the conditions there mentioned are satisfied; but this is subject to subsection (3).
3
If the court proceeds under section 92 as applied by this section, this Part has effect with these modifications—
a
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;
b
the court must not make an order under section 92 unless the prosecutor has taken reasonable steps to contact the accused;
c
section 92(12) applies as if the reference to subsection (2) were to subsection (1) of this section;
d
sections 96, 101(3), 102 and 103 do not apply;
e
sections 104, 105 and 106 do not apply while the accused is still unlawfully at large.
4
Once the accused has ceased to be unlawfully at large, section 104 has effect as if subsection (1)(a) read—
a
in a case where section 111 applies the court did not proceed under section 92,.