C1C2C3 Part 3 Confiscation: Scotland

Annotations:
Modifications etc. (not altering text)
C2

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.

C3

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))

Interpretation

I1C2C3146C2C3 Value of property obtained from conduct

1

This section applies for the purpose of deciding the value of property obtained by a person as a result of or in connection with his criminal conduct; and the material time is the time the court makes its decision.

2

The value of the property at the material time is the greater of the following—

a

the value of the property (at the time the person obtained it) adjusted to take account of later changes in the value of money;

b

the value (at the material time) of the property found under subsection (3).

3

The property found under this subsection is—

a

if the person holds the property obtained, that property;

b

if he holds no part of the property obtained, any property which directly or indirectly represents it in his hands;

c

if he holds part of the property obtained, that part and any property which directly or indirectly represents the other part in his hands.

4

The references in subsection (2)(a) and (b) to the value are to the value found in accordance with section 145.