C1C2C3 Part 3 Confiscation: Scotland
Pt. 3 applied by Terrorism Act 2000 (c. 11), Sch. 8 paras. 17(4A), 34(3A) (as substituted (24.3.2003) by Proceeds of Crime Act 2002 (c. 29), s. 458(1), Sch. 11 para. 39(4)(5); S.S.I. 2003/210, art. 2(1)(b)(2), sch. (with art. 7); S.I. 2003/333, art. 2, Sch.
Pt. 3 applied by 2000 c. 11, Sch. 8 para. 34(3A) (as substituted (24.3.2003) by Proceeds of Crime Act 2002 (c. 29), s. 458(1), Sch. 11 para. 39(5); S.S.I. 2003/210, art. 2(1)(b)(2), sch. (with art. 7))
Accused unlawfully at large
I1C2C3114C2C3 Discharge of order
1
Subsection (2) applies if—
a
the court makes a confiscation order under section 92 as applied by section 112,
b
the accused is later tried for the offence or offences concerned and acquitted of the offence or offences, and
c
he applies to the court to discharge the order.
2
In such a case the court must discharge the order.
3
Subsection (4) 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
subsection (1)(b) does not apply, and
d
he applies to the court to discharge the order.
4
In such a case the court may discharge the order if it finds that—
a
there has been undue delay in continuing the proceedings mentioned in section 112(1), or
b
the prosecutor does not intend to proceed with the prosecution.
5
If the court discharges a confiscation order under this section it may make such a consequential or incidental order as it thinks is appropriate.
Pt. 3 functions of administrator extended (24.2.2003) by Proceeds of Crime Act 2002 (Enforcement in different parts of the United Kingdom) Order 2002 (S.I. 2002/3133), arts. 1, 4(1)(a)