Part 3

Confiscation: Scotland

Accused unlawfully at large

Variation of order
113
1
This section applies if—
a
the court makes a confiscation order under section 92 as applied by section 112,
b
the accused ceases to be unlawfully at large,
c
he is convicted of an offence (or any of the offences) mentioned in section 112(1)(a),
d
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
e
before the end of the relevant period he applies to the court to consider the evidence on which his belief is based.
2
If (after considering the evidence) the court concludes that the accused’s belief is well founded—
a
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
b
it may vary the order by substituting for the amount required to be paid such amount as it believes is just.
3
The relevant period is the period of 28 days starting with—
a
the date on which the accused was convicted of the offence mentioned in section 112(1)(a), or
b
if there are two or more offences and the convictions were on different dates, the date of the latest.
4
But in a case where section 112(1)(a) applies to more than one offence the court must not make an order under this section unless it is satisfied that there is no possibility of any further proceedings being taken or continued in relation to any such offence in respect of which the accused has not been convicted.