Part 3 Confiscation: Scotland

Restraint orders etc

F1120ARestraint orders: power to retain seized property etc.

(1)

A restraint order may include provision authorising the detention of any property to which it applies if the property—

(a)

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

(b)

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

(2)

Provision under subsection (1) may, in particular—

(a)

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

(b)

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

(3)

“Appropriate officer” means—

(a)

a constable;

(b)

an officer of Revenue and Customs;

F2(ba)

an immigration officer;

F3(c)

a National Crime Agency officer;

(4)

“Relevant seizure power” means a power to seize property conferred by or by virtue of—

(a)

section 127C or 387,

(b)

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

(c)

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