Part 8

Investigations
Chapter 3

Scotland

Unexplained wealth orders: interim freezing of property

Application for interim freezing order
396J
1
This section applies where the Court of Session makes an unexplained wealth order in respect of any property.
2
The court may make an interim freezing order in respect of the property if the court considers it necessary to do so for the purposes of avoiding the risk of any recovery order that might subsequently be obtained being frustrated.
3
An interim freezing order is an order that prohibits the respondent to the unexplained wealth order, and any other person with an interest in the property, from in any way dealing with the property (subject to any exclusions under section 396L).
4
An interim freezing order—
a
may be made only on the application of the Scottish Ministers,
b
must be made in the same proceedings as those in which the unexplained wealth order is made, and
c
may be combined in one document with the unexplained wealth order.
5
If an application for an unexplained wealth order in respect of any property is made without notice, an application for an interim freezing order in respect of the property must also be made without notice.
Ss. 396J-396S inserted (27.4.2017 for specified purposes, 31.1.2018 in so far as not already in force) by Criminal Finances Act 2017 (c. 22), ss. 5, 58(1)(6); S.I. 2018/78, reg. 3(a)