Part 3

Confiscation: Scotland

Interpretation

Proceedings
151
1
Proceedings for an offence are instituted against a person—
a
on his arrest without warrant;
b
when he is charged with the offence without being arrested;
c
when a warrant to arrest him is granted;
d
when a warrant to cite him is granted;
e
when he first appears on petition or when an indictment or complaint is served on him.
2
If more than one time is found under subsection (1) in relation to proceedings they are instituted at the earliest of those times.
3
Proceedings for an offence are concluded when—
a
the trial diet is deserted simpliciter,
b
the accused is acquitted or, under section 65 or 147 of the Procedure Act, discharged or liberated,
c
the court sentences the accused without making a confiscation order and without postponing a decision as regards making such an order,
d
the court decides, after such a postponement, not to make a confiscation order,
e
the accused’s conviction is quashed, or
f
the accused is pardoned.
4
If a confiscation order is made against the accused in proceedings for an offence, the proceedings are concluded—
a
when the order is satisfied or discharged, or
b
when the order is quashed and there is no further possibility of an appeal against the decision to quash the order.
5
If—
a
the accused is convicted in proceedings for an offence but the court decides not to make a confiscation order against him, and
b
on appeal under section 108(1)(ca) or 175(4)(ca) of the Procedure Act, the High Court of Justiciary refuses the appeal,
the proceedings are concluded on the determination of the appeal.
S. 151 in force at 24.3.2003 by S.S.I. 2003/210, art. 2(1)(a)
Pt. 3 applied (3.12.2014) by The Criminal Justice and Data Protection (Protocol No. 36) Regulations 2014 (S.I. 2014/3141), reg. 1(b), Sch. 1 para. 11(5)
Pt. 3 applied (20.12.2023) by National Security Act 2023 (c. 32), s. 100(1), Sch. 6 para. 42(4) (with s. 97); S.I. 2023/1272, reg. 2(a)
Pt. 3 applied (20.12.2023) by National Security Act 2023 (c. 32), s. 100(1), Sch. 6 para. 16(5) (with s. 97); S.I. 2023/1272, reg. 2(a)
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)
Pt. 3 applied (3.12.2014) by The Criminal Justice and Data Protection (Protocol No. 36) Regulations 2014 (S.I. 2014/3141), reg. 1(b), Sch. 1 para. 6(5)
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 (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)