Part 3

Confiscation: Scotland

Restraint orders etc

Application, recall and variation
121
1
This section applies to a restraint order.
2
An order may be made on an ex parte application by the prosecutor, which may be heard in chambers.
3
The prosecutor must intimate an order to every person affected by it.
4
Subsection (3) does not affect the time when the order becomes effective.
5
The prosecutor and any other person affected by the order may apply to the court to recall an order or to vary it; and subsections (6) to (9) apply in such a case.
6
If an application under subsection (5) in relation to an order has been made but not determined, realisable property to which the order applies must not be realised.
7
The court may—
a
recall the order;
b
vary the order.
8
In the case of a restraint order, if the condition in section 119 which was satisfied was that proceedings were instituted or an application was made, the court must recall the order on the conclusion of the proceedings or of the application (as the case may be).
9
In the case of a restraint order, if the condition in section 119 which was satisfied was that an investigation was instituted or an application was to be made, the court must recall the order if within a reasonable time proceedings for the offence are not instituted or the application is not made (as the case may be).