C4C6C5C1C7C3C2 Part 3 Confiscation: Scotland

Annotations:
Modifications etc. (not altering text)
C6

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.

C7

Pt. 3 applied (12.2.2019 for specified purposes, 13.8.2020 in so far as not already in force) by Counter-Terrorism and Border Security Act 2019 (c. 3), s. 27(1)(g), Sch. 3 para. 39(6) (with s. 25(9)); S.I. 2020/792, reg. 2(g)

Interpretation

I1C6146C6 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.