PART 1Proceeds of crime

CHAPTER 2Scotland

Confiscation

17Compliance orders: appeals by prosecutor

(1)

The Criminal Procedure (Scotland) Act 1995 is amended as follows.

(2)

In section 108 (Lord Advocate's right of appeal in solemn proceedings)—

(a)

in subsection (1), after paragraph (cc) insert—

“(cd)

a decision under section 97B(2) of the Proceeds of Crime Act 2002 to make or not to make a compliance order;”;

(b)

in subsection (2)(b)—

(i)

in sub-paragraph (ii), for “or (cc)” substitute “ , (cc) or (cd) ”;

(ii)

in sub-paragraph (iii), after “paragraph” insert “ (cd) or ”.

(3)

In section 175 (right of appeal in summary proceedings)—

(a)

in subsection (4), after paragraph (cc) insert—

“(cd)

a decision under section 97B(2) of the Proceeds of Crime Act 2002 to make or not to make a compliance order;”;

(b)

in subsection (4A)(b)—

(i)

in sub-paragraph (ii), for “or (cc)” substitute “ , (cc) or (cd) ”;

(ii)

in sub-paragraph (iii), after “paragraph” insert “ (cd) or ”.