PART 1

Proceeds of crime
CHAPTER 2

Scotland

Confiscation

Restitution order and victim surcharge
15
1
In section 97 of the Proceeds of Crime Act 2002 (effect of order on court's other powers), in subsection (3)(a), at the end insert “ , a restitution order or a victim surcharge under section 253F(2) of the Procedure Act ”.
2
After that section insert—

Application of receipts: restitution order and victim surcharge
97A
1
Subsection (2) applies if—
a
a court makes a confiscation order and a relevant order against the same person in the same proceedings, and
b
the court believes that the person will not have sufficient means to satisfy both orders in full.
2
In such a case the court must direct that so much of the amount payable under the relevant order as it specifies is to be paid out of any sums recovered under the confiscation order.
3
Subsection (4) applies if—
a
a court makes a confiscation order, a compensation order under section 249 of the Procedure Act and a relevant order against the same person in the same proceedings, and
b
the court believes that the person will not have sufficient means to satisfy all the orders in full.
4
In such a case the court must direct that so much of the compensation, and so much of the amount payable under the relevant order, as it specifies is to be paid out of any sums recovered under the confiscation order.
5
The amount a court specifies under subsection (2) or (4) must be the amount the court believes will not be recoverable because of the insufficiency of the person's means.
6
Where the amount a court specifies in a direction under subsection (4) is sufficient to satisfy in full the compensation, the direction must provide for the compensation to be so satisfied before payment of the amount payable under the relevant order.
7
Where the amount a court specifies in a direction under subsection (4) is not sufficient to satisfy in full the compensation, the direction must provide for the compensation to be satisfied to the extent of the amount specified in the direction.
8
In this section, “relevant order” means—
a
a restitution order, or
b
a victim surcharge under section 253F(2) of the Procedure Act.
9
In this Part, “restitution order” is to be construed in accordance with section 253A(2) of the Procedure Act.
S. 15 in force at 25.11.2019 for specified purposes by S.S.I. 2019/281, reg. 2
S. 15 in force at 10.2.2021 in so far as not already in force by S.S.I. 2020/407, reg. 2(1)(a)