Change 1 Article Choose an article Title and introductory text 1 The Agency and its Director 2 Director’s functions: general 2A Contribution to the reduction of crime 2B The National Crime Agency and its officers 2C Prosecuting authorities 3 Accreditation and training 4 Co-operation 5 Advice and assistance 5A The principal objective 6 Making of order 7 Recoverable amount 8 Defendant’s benefit 9 Available amount 9A Hidden property 10 Assumptions to be made in case of criminal lifestyle 10A Determination of extent of defendant's interest in property 11 Time for payment 12 Interest on unpaid sums 13 Effect of order on court’s other powers 13A Orders for securing compliance with confiscation order 13B Appeals against orders under section 13A 14 Postponement 15 Effect of postponement 15A Timing of confiscation proceedings and effect on sentencing 15B Early resolution meeting 15C Early resolution hearing 16 Statement of information 17 Defendant’s response to statement of information 18 Provision of information by defendant 18A Provision of information as to defendant's interest in property 19 No order made: reconsideration of case 20 No order made: reconsideration of benefit 21 Order made: reconsideration of benefit 21A Order made: reconsideration of benefit on decrease in value and sale etc 22 Order made: reconsideration of available amount 22A Increased available amount: compensation directions 23 Inadequacy of available amount: variation of order 24 Inadequacy of available amount: discharge of order 25 Small amount outstanding: discharge of order 25A Recovery from estate of deceased defendant impractical: discharge of order 26 Information 27 Defendant convicted or committed 28 Defendant neither convicted nor acquitted 29 Variation of order 30 Discharge of order 31 Appeal by prosecutor etc ... 32 Court’s powers on appeal 33 Appeal to Supreme Court 34 Enforcement authority 35 Enforcement as fines 36 Director appointed as enforcement authority 37 Director’s application for enforcement 38 Provisions about imprisonment or detention 39 Reconsideration etc: variation of prison term 40 Conditions for exercise of powers 41 Restraint orders 41ZA Exception for legal expenses in respect of offence with which confiscation proceedings concerned 41A Restraint orders: power to retain seized property etc. 42 Application, discharge and variation 42A Restraint orders: effect of conviction 43 Appeal to Court of Appeal 44 Appeal to Supreme Court 44A Detention of property pending appeal 45 Seizure 46 Hearsay evidence 47 Supplementary 47A Sections 47B to 47S: meaning of “appropriate officer” 47B Conditions for exercise of powers 47C Power to seize property 47D Search power: premises 47E Search power: people 47F Search power: vehicles 47G “Appropriate approval” 47H Exercise of powers without judicial approval 47I Report by appointed person on exercise of powers 47J Initial detention of seized property 47K Further detention pending making of restraint order 47L Further detention pending variation of restraint order 47M Further detention in other cases 47N Discharge, variation and lapse of detention order 47O Appeals 47P Detention of property pending section 47O appeal 47Q Hearsay evidence in detention order proceedings 47R Release of property 47S Codes of practice 48 Appointment 49 Powers 50 Appointment 51 Powers 52 Appointment 53 Powers 54 Enforcement receivers 55 Sums received by designated officer 56 Director’s receivers 57 Sums received by Director 58 Restraint orders 59 Enforcement receivers 60 Director’s receivers 61 Protection 62 Further applications 63 Discharge and variation 64 Management receivers: discharge 65 Appeal to Court of Appeal 66 Appeal to Supreme Court 67 Money 67ZA Cryptoassets 67ZB Meaning of “UK-connected cryptoasset service provider” 67A Seized personal property 67AA Destruction of seized cryptoassets 67B Costs of storage and realisation 67C Sections 67ZA to 67B: appeals 67D Proceeds of realisation 67E Appeals in relation to confiscation orders 67F Appeals under section 67E: supplementary 67G Appeals in relation to section 10A determinations 67H Appeals in relation to compliance orders 67I Appeals in relation to variations of confiscation order 67J Appeals in relation to restraint orders 67K Appeals in relation to management and enforcement receivers 67L Appeals in relation to realisation etc of seized property 68 Applications and appeals 69 Specific powers of court and receiver etc. 70 Committal by magistrates’ court 71 Sentencing by Crown Court 72 Serious default 73 Order varied or discharged 74 Enforcement abroad 75 Criminal lifestyle 76 Conduct and benefit 77 Tainted gifts 78 Gifts and their recipients 79 Value: the basic rule 80 Value of property obtained from conduct 80A Mortgages 81 Value of tainted gifts 82 Free property 83 Realisable property 84 Property: general provisions 84A Cryptoassets etc 85 Proceedings 86 Applications 87 Confiscation orders 87A No further possibility of appeal 88 Other interpretative provisions 89 Procedure on appeal to the Court of Appeal 90 Procedure on appeal to the Supreme Court 91 Crown Court Rules 92 Making of order 93 Recoverable amount 94 Accused’s benefit 95 Available amount 96 Assumptions to be made in case of criminal lifestyle 97 Effect of order on court’s other powers 97A Application of receipts: restitution order and victim surcharge 97B Orders for securing compliance with confiscation order 97C Breach of compliance order 97D Appeals against variation or discharge of compliance orders 98 Disposal of family home 99 Postponement 100 Effect of postponement 101 Statement of information 102 Accused’s response to statement of information 103 Provision of information by accused 104 No order made: reconsideration of case 105 No order made: reconsideration of benefit 106 Order made: reconsideration of benefit 107 Order made: reconsideration of available amount 108 Inadequacy of available amount: variation of order 109 Inadequacy of available amount: discharge of order 110 Information 111 Conviction or other disposal of accused 112 Accused neither convicted nor acquitted 113 Variation of order 114 Discharge of order 115 Appeal by prosecutor 116 Time for payment 116A Further time for payment due to coronavirus 117 Interest on unpaid sums 118 Application of provisions about fine enforcement 119 Conditions for exercise of powers 120 Restraint orders etc 120A Restraint orders: power to retain seized property etc. 121 Application, recall and variation 122 Appeals 122A Detention of property pending appeal 123 Inhibition of property affected by order 124 Arrestment of property affected by order 125 Management administrators 126 Seizure 127 Restraint orders: restriction on proceedings and remedies 127A Sections 127B to 127R: meaning of “appropriate officer” 127B Conditions for exercise of powers 127C Power to seize property 127D Search power: premises 127E Search power: people 127F Search power: vehicles 127G “Appropriate approval” 127H Exercise of powers without judicial approval 127I Report by appointed person on exercise of powers 127J Initial detention of seized property 127K Further detention pending making of restraint order 127L Further detention pending variation of restraint order 127M Further detention in other cases 127N Discharge, variation and lapse of detention order 127O Appeals 127P Detention of property pending section 127O appeal 127Q Release of property 127R Guidance by Lord Advocate 128 Enforcement administrators 129 Management administrators: discharge 130 Application of sums by enforcement administrator 131 Sums received by clerk of court 131ZA Money 131ZB Cryptoassets 131ZC Meaning of “UK-connected cryptoasset service provider” 131A Seized personal property 131AA Destruction of seized cryptoassets 131B Costs of storage and realisation 131C Sections 131ZB to 131B: appeals 131D Proceeds of realisation 132 Powers of court and administrator etc 133 Protection of administrators 134 Protection of persons affected 135 Recall and variation of order 136 Appeals 137 Administrators: further provision 138 Administrators: restriction on proceedings and remedies 139 Serious default 140 Confiscation order varied or discharged 141 Enforcement abroad 142 Criminal lifestyle 143 Conduct and benefit 144 Tainted gifts and their recipients 145 Value: the basic rule 146 Value of property obtained from conduct 147 Value of tainted gifts 148 Free property 149 Realisable property 150 Property: general provisions 150A Cryptoassets etc 151 Proceedings 152 Applications 153 Satisfaction of confiscation orders 153A No further possibility of appeal 154 Other interpretative provisions 155 Rules of court 156 Making of order 157 Recoverable amount 158 Defendant’s benefit 159 Available amount 160 Assumptions to be made in case of criminal lifestyle 160A Determination of extent of defendant's interest in property 161 Time for payment 162 Interest on unpaid sums 163 Effect of order on court’s other powers 163A Orders for securing compliance with confiscation order 163B Appeals against orders under section 163A 164 Postponement 165 Effect of postponement 166 Statement of information 167 Defendant’s response to statement of information 168 Provision of information by defendant 168A Provision of information as to defendant's interest in property 169 No order made: reconsideration of case 170 No order made: reconsideration of benefit 171 Order made: reconsideration of benefit 172 Order made: reconsideration of available amount 173 Inadequacy of available amount: variation of order 174 Inadequacy of available amount: discharge of order 175 Small amount outstanding: discharge of order 175A Recovery from estate of deceased defendant impractical: discharge of order 176 Information 177 Defendant convicted or committed 178 Defendant neither convicted nor acquitted 179 Variation of order 180 Discharge of order 181 Appeal by prosecutor etc ... 182 Court’s powers on appeal 183 Appeal to Supreme Court 184 Enforcement authority 185 Enforcement as fines etc 186 Director’s application for enforcement 187 Provisions about imprisonment or detention 188 Reconsideration etc: variation of prison term 189 Conditions for exercise of powers 190 Restraint orders 190A Restraint orders: power to retain seized property 191 Application, discharge and variation 192 Appeal to Court of Appeal 193 Appeal to Supreme Court 193A Detention of property pending appeal 194 Seizure 195 Supplementary 195A Sections 195B to 195S: meaning of “appropriate officer” 195B Conditions for exercise of powers 195C Power to seize property 195D Search power: premises 195E Search power: people 195F Search power: vehicles 195G “Appropriate approval” 195H Exercise of powers without judicial approval 195I Report by appointed person on exercise of powers 195J Initial detention of seized property 195K Further detention pending making of restraint order 195L Further detention pending variation of restraint order 195M Further detention in other cases 195N Discharge, variation and lapse of detention order 195O Appeals 195P Detention of property pending section 195O appeal 195Q Hearsay evidence in detention order proceedings 195R Release of property 195S Codes of practice : Secretary of State 195T Codes of practice: Department of Justice 196 Appointment 197 Powers 198 Appointment 199 Powers 200 Appointment 201 Powers 202 Enforcement receivers 203 Sums received by chief clerk 204 Director’s receivers 205 Sums received by Director 206 Restraint orders 207 Enforcement receivers 208 Director’s receivers 209 Protection 210 Further applications 211 Discharge and variation 212 Management receivers: discharge 213 Appeal to Court of Appeal 214 Appeal to Supreme Court 215 Money 215ZA Cryptoassets 215ZB Meaning of “UK-connected cryptoasset service provider” 215A Seized personal property 215AA Destruction of seized cryptoassets 215B Costs of storage and realisation 215C Sections 215ZA to 215B: appeals 215D Proceeds of realisation 216 Applications and appeals 217 Powers of court and receiver etc 218 Committal by magistrates’ court 219 Sentencing by Crown Court 220 Serious default 221 Order varied or discharged 222 Enforcement abroad 223 Criminal lifestyle 224 Conduct and benefit 225 Tainted gifts 226 Gifts and their recipients 227 Value: the basic rule 228 Value of property obtained from conduct 229 Value of tainted gifts 230 Free property 231 Realisable property 232 Property: general provisions 232A Cryptoassets etc 233 Proceedings 234 Applications 235 Confiscation orders 235A No further possibility of appeal 236 Other interpretative provisions 237 Procedure on appeal to the Court of Appeal 238 Procedure on appeal to the 239 Crown Court Rules 240 General purpose of this Part 241 “Unlawful conduct” 241A “Gross human rights abuse or violation” 242 “Property obtained through unlawful conduct” 243 Proceedings for recovery orders in England and Wales or Northern Ireland 244 Proceedings for recovery orders in Scotland 245 “Associated property” 245ZA Notice to local authority: Scotland 245A Application for property freezing order 245B Variation and setting aside of order 245C Exclusions 245D Restriction on proceedings and remedies 245E Receivers in connection with property freezing orders 245F Powers of receivers appointed under section 245E 245G Supervision of section 245E receiver and variations 246 Application for interim receiving order 247 Functions of interim receiver 248 Registration 249 Registration (Northern Ireland) 250 Duties of respondent etc. 251 Supervision of interim receiver and variation of order 252 Restrictions on dealing etc. with property 253 Restriction on proceedings and remedies 254 Exclusion of property which is not recoverable etc. 255 Reporting 255A Application for prohibitory property order 255B Variation and recall of prohibitory property order 255C Exclusions 255D Restriction on proceedings and remedies 255E Arrestment of property affected by prohibitory property order 255F Inhibition of property affected by prohibitory property order 255G Receivers in connection with prohibitory property orders 255H Powers of receivers appointed under section 255G 255I Supervision of PPO receiver and variations 256 Application for interim administration order 257 Functions of interim administrator 258 Inhibition of property affected by order 259 Duties of respondent etc. 260 Supervision of interim administrator and variation of order 261 Restrictions on dealing etc. with property 262 Restriction on proceedings and remedies 263 Exclusion of property which is not recoverable etc. 264 Reporting 265 Arrestment of property affected by interim administration order 266 Recovery orders 267 Functions of the trustee for civil recovery 268 Recording of recovery order (Scotland) 269 Rights of pre-emption, etc. 269A Leases and occupancy rights: Scotland 270 Associated and joint property 271 Agreements about associated and joint property 272 Associated and joint property: default of agreement 273 Payments in respect of rights under pension schemes 274 Consequential adjustment of liabilities under pension schemes 275 Pension schemes: supplementary 276 Consent orders 277 Consent orders: pensions 278 Limit on recovery 279 Section 278: supplementary 280 Applying realised proceeds 281 Victims of theft, etc. 282 Other exemptions 282A Scope of powers 282B Enforcement abroad before recovery order: enforcement authority 282C Enforcement abroad before recovery order: receiver or administrator 282CA Enforcement abroad before recovery order: PPO receiver 282D Evidence overseas: interim receiver or interim administrator 282E Evidence overseas: restrictions on use 282F Enforcement abroad: after recovery order 283 Compensation 284 Payment of interim administrator or trustee (Scotland) 285 Effect on diligence of recovery order (Scotland) 286 Scope of powers (Scotland) 286A Legal expenses excluded from freezing: required conditions 286B Legal expenses: regulations for purposes of section 266(8B) or 286A(3) 287 Financial threshold 288 Limitation 288A Costs orders and expenses orders 289 Searches 290 Prior approval 291 Report on exercise of powers 292 Code of practice 293 Code of practice (Scotland) 293A Code of practice (Northern Ireland) 294 Seizure of cash 295 Detention of seized cash 296 Interest 297 Release of detained cash 297A Forfeiture notice 297B Content 297C Effect 297D Detention following lapse of notice 297E Application to set aside forfeiture 297F Release of cash subject to forfeiture notice 297G Application of forfeited cash 298 Forfeiture 299 Appeal against decision under section 298 300 Application of forfeited cash 301 Victims and other owners 302 Compensation 302A Powers for prosecutors to appear in proceedings 303 “The minimum amount” 303A Financial investigators 303B “Listed asset” 303C Searches 303D Searches: supplemental provision 303E Prior approval 303F Report on exercise of powers 303G Code of practice: Secretary of State 303H Code of practice: Scotland 303I Code of practice: Northern Ireland 303J Seizure of listed assets 303K Initial detention of seized property 303L Further detention of seized property 303M Testing and safekeeping of property seized under section 303J 303N Release of detained property 303O Forfeiture 303P Associated and joint property 303Q Agreements about associated and joint property 303R Associated and joint property: default of agreement 303S Sections 303O to 303R: appeals 303T Realisation of forfeited property 303U Proceeds of realisation 303V Victims and other owners 303W Compensation 303X Powers for prosecutors to appear in proceedings 303Y “The minimum value” 303Z Financial investigators 303Z1 Application for account freezing order 303Z2 Restrictions on making of application under section 303Z1 303Z3 Making of account freezing order 303Z4 Variation and setting aside of account freezing order 303Z5 Exclusions 303Z6 Restriction on proceedings and remedies 303Z7 “Bank” 303Z8 “The minimum amount” 303Z9 Account forfeiture notice 303Z10 Giving of account forfeiture notice 303Z11 Lapse of account forfeiture notice 303Z12 Application to set aside forfeiture 303Z13 Application of money forfeited under account forfeiture notice 303Z14 Forfeiture order 303Z15 Continuation of account freezing order pending appeal 303Z16 Appeal against decision under section 303Z14 303Z17 Application of money forfeited under account forfeiture order 303Z17A Victims and other owners 303Z18 Compensation 303Z19 Powers for prosecutors to appear in proceedings 303Z20 Definitions 303Z21 Searches 303Z22 Searches: supplemental provision 303Z23 Prior approval 303Z24 Report on exercise of powers 303Z25 Codes of practice 303Z26 Seizure of cryptoasset-related items 303Z27 Initial detention of seized cryptoasset-related items 303Z28 Further detention of seized cryptoasset-related items 303Z29 Seizure of cryptoassets 303Z30 Prior authorisation for detention of cryptoassets 303Z31 Initial detention of seized cryptoassets 303Z32 Further detention of seized cryptoassets 303Z33 Safekeeping of cryptoassets and cryptoasset-related items 303Z34 Release of cryptoassets and cryptoasset-related items 303Z35 Definitions 303Z36 Application for crypto wallet freezing order 303Z37 Making of a crypto wallet freezing order 303Z38 Variation and setting aside of crypto wallet freezing order 303Z39 Exclusions 303Z40 Restrictions on proceedings and remedies 303Z41 Forfeiture order 303Z42 Forfeiture order: supplementary 303Z43 Associated and joint property 303Z44 Agreements about associated and joint property 303Z45 Associated and joint property: default of agreement 303Z46 Continuation of crypto wallet freezing order pending appeal 303Z47 Sections 303Z41 to 303Z45: appeals 303Z48 Realisation or destruction of forfeited cryptoassets etc 303Z49 Proceeds of realisation 303Z50 Victims and other owners: detained cryptoassets 303Z51 Victims and other owners: crypto wallet freezing orders 303Z52 Compensation 303Z53 Powers for prosecutors to appear in proceedings 303Z54 Detained cryptoassets: conversion 303Z55 Frozen crypto wallet: conversion 303Z56 Conversion: existing forfeiture proceedings 303Z57 Detained cryptoassets: detention of proceeds of conversion 303Z58 Frozen crypto wallets: detention of proceeds of conversion 303Z59 Release of detained converted cryptoassets 303Z60 Forfeiture order 303Z61 Appeal against decision under section 303Z60 303Z62 Application of forfeited converted cryptoassets 303Z63 Victims and other owners 303Z64 Compensation 303Z65 Powers for prosecutors to appear in proceedings 303Z66 Interpretation 304 Property obtained through unlawful conduct 305 Tracing property, etc. 306 Mixing property 307 Recoverable property: accruing profits 308 General exceptions 309 Other exemptions 310 Granting interests 311 Insolvency 311A Financial investigators 312 Performance of functions of Scottish Ministers by constables in Scotland 313 Restriction on performance of Director’s functions by police 314 Obtaining and disposing of property 315 Northern Ireland courts 316 General interpretation 317 The National Crime Agency's general Revenue functions 318 Revenue functions regarding employment 319 Source of income 320 Appeals 321 The National Crime Agency's functions: transfers of value 322 The National Crime Agency's functions: certain settlements 323 Functions 324 Exercise of Revenue functions 325 Declarations 326 Interpretation 327 Concealing etc 328 Arrangements 329 Acquisition, use and possession 330 Failure to disclose: regulated sector 331 Failure to disclose: nominated officers in the regulated sector 332 Failure to disclose: other nominated officers 333 Tipping off 333A Tipping off: regulated sector 333B Disclosures within an undertaking or group etc 333C Other permitted disclosures between institutions etc 333D Other permitted disclosures etc 333E Interpretation of sections 333A to 333D 334 Penalties 335 Appropriate consent 336 Nominated officer: consent 336A Power of court to extend the moratorium period 336B Proceedings under section 336A: supplementary 336C Extension of moratorium period pending determination of proceedings etc 336D Sections 336A to 336C: interpretation 337 Protected disclosures 338 Authorised disclosures 339 Form and manner of disclosures 339ZA Disclosures to the NCA 339ZB Voluntary disclosures within the regulated sector 339ZC Section 339ZB: disclosure requests and required notifications 339ZD Section 339ZB: effect on required disclosures under section 330 or 331 339ZE Limitations on application of section 339ZD(2) and (3) 339ZF Section 339ZB: supplementary 339ZG Sections 339ZB to 339ZF: interpretation 339ZH Information orders 339ZL Code of practice about certain information orders 339ZI Statements 339ZJ Appeals 339ZK Supplementary 339A Threshold amounts 340 Interpretation 341 Investigations 341A Orders and warrants sought for civil recovery investigations 342 Offences of prejudicing investigation 343 Judges 344 Courts 345 Production orders 346 Requirements for making of production order 347 Order to grant entry 348 Further provisions 349 Computer information 350 Government departments 351 Supplementary 352 Search and seizure warrants 353 Requirements where production order not available 354 Further provisions: general 355 Further provisions: confiscation , money laundering, detained cash, detained property , frozen funds and cryptoasset investigations 356 Further provisions: civil recovery ... and exploitation proceeds investigations 356A Certain offences in relation to execution of search and seizure warrants 357 Disclosure orders 358 Requirements for making of disclosure order 359 Offences 360 Statements 361 Further provisions 362 Supplementary 362A Unexplained wealth orders 362B Requirements for making of unexplained wealth order 362C Effect of order: cases of non-compliance 362D Effect of order: cases of compliance or purported compliance 362DA Extension of period for making determination where interim freezing order has been made 362DB Extension of period pending determination of proceedings etc 362E Offence 362F Statements 362G Disclosure of information, copying of documents, etc 362H Holding of property: trusts and company arrangements etc 362I Supplementary 362IA Annual reports 362J Application for interim freezing order 362K Variation and discharge of interim freezing order 362L Exclusions 362M Restrictions on proceedings and remedies 362N Receivers in connection with interim freezing orders 362O Powers of receivers appointed under section 362N 362P Supervision of section 362N receiver and variations 362Q Registration 362R Compensation 362S Enforcement abroad: enforcement authority 362T Enforcement abroad: receiver 362U Costs orders 363 Customer information orders 364 Meaning of customer information 365 Requirements for making of customer information order 366 Offences 367 Statements 368 Disclosure of information 369 Supplementary 370 Account monitoring orders 371 Requirements for making of account monitoring order 372 Statements 373 Applications 374 Disclosure of information 375 Supplementary 375A Evidence overseas 375B Evidence overseas: restrictions on use 375C Restriction on exercise of certain powers conferred on officers of Revenue and Customs 376 Evidence overseas 377 Code of practice of Secretary of State etc. 377ZA Code of practice (Northern Ireland) 377ZB Disapplication of PACE codes 377A Code of practice of Attorney General or Advocate General for Northern Ireland 378 Officers 379 Miscellaneous 380 Production orders 381 Requirements for making of production order 382 Order to grant entry 383 Further provisions 384 Computer information 385 Government departments 386 Supplementary 387 Search warrants 388 Requirements where production order not available 389 Further provisions: general 390 Further provisions: confiscation, civil recovery , detained cash , detained property, frozen funds , money laundering and cryptoasset 391 Disclosure orders 392 Requirements for making of disclosure order 393 Offences 394 Statements 395 Further provisions 396 Supplementary 396A Unexplained wealth orders 396B Requirements for making of unexplained wealth order 396C Effect of order: cases of non-compliance 396D Effect of order: cases of compliance or purported compliance 396DA Extension of period for making determination where interim freezing order has been made 396DB Extension of period pending determination of proceedings etc 396E Offence 396F Statements 396G Disclosure of information, copying of documents, etc 396H Holding of property: trusts and company arrangements etc 396I Supplementary 396J Application for interim freezing order 396K Variation and recall of interim freezing order 396L Exclusions 396M Restrictions on proceedings and remedies 396N Arrestment of property affected by interim freezing order 396O Inhibition of property affected by interim freezing order 396P Receivers in connection with interim freezing orders 396Q Powers of receivers appointed under section 396P 396R Supervision of section 396P receiver and variations 396S Compensation 396T Enforcement abroad: Scottish Ministers 396U Enforcement abroad: receiver 396V Expenses orders 397 Customer information orders 398 Meaning of customer information 399 Requirements for making of customer information order 400 Offences 401 Statements 402 Further provisions 403 Supplementary 404 Account monitoring orders 405 Requirements for making of account monitoring order 406 Statements 407 Further provisions 408 Supplementary 408A Evidence overseas 408B Evidence overseas: restrictions on use 408C Restriction on exercise of certain powers conferred on officers of Revenue and Customs 409 Jurisdiction of sheriff 410 Code of practice 411 Performance of functions of Scottish Ministers by constables in Scotland 412 Interpretation 412A Power to vary monetary amounts 413 Criminal conduct 414 Property 415 Money laundering offences 416 Other interpretative provisions 417 Modifications of the 1986 Act 418 Restriction of powers 419 Tainted gifts 420 Modifications of the 2016 Act 421 Restriction of powers 422 Tainted gifts 423 Modifications of the 1989 Order 424 Restriction of powers 425 Tainted gifts 426 Winding up under the 1986 Act 427 Tainted gifts 428 Winding up under the 1989 Order 429 Tainted gifts 430 Floating charges 431 Limited liability partnerships 432 Insolvency practitioners 433 Meaning of insolvency practitioner 434 Interpretation 435 Use of information by certain authorities 436 Disclosure of information to certain authorities 437 Further disclosure 438 Disclosure of information by certain authorities 439 Disclosure of information to Lord Advocate and to Scottish Ministers 440 Further disclosure 441 Disclosure of information by Lord Advocate and by Scottish Ministers 442 Restriction on disclosure for overseas purposes 442A Data protection legislation 443 Enforcement in different parts of the United Kingdom 444 External requests and orders 445 External investigations 445A Sharing of beneficial ownership information 446 Rules of court 447 Interpretation 448 Tax 449 NCA officers: pseudonyms 449A Staff of relevant Directors: pseudonyms 450 Pseudonyms: Scotland 451 Revenue and Customs prosecutions 452 Crown servants 453 References to financial investigators 453A Certain offences in relation to financial investigators 453B Certain offences in relation to SFO officers 453C Obstruction offence in relation to immigration officers 454 Customs officers 454A Serious Fraud Office 455 Enactment 456 Amendments 457 Repeals and revocations 458 Commencement 459 Orders and regulations 460 Finance 461 Extent 462 Short title SCHEDULE 1 Assets Recovery Agency SCHEDULE 2 Lifestyle offences: England and Wales SCHEDULE 3 Administrators: further provision SCHEDULE 4 Lifestyle offences: Scotland SCHEDULE 5 Lifestyle offences: Northern Ireland SCHEDULE 6 Powers of interim receiver or administrator SCHEDULE 7 Powers of trustee for civil recovery SCHEDULE 7A Connection with relevant part of United Kingdom SCHEDULE 8 Forms of declarations SCHEDULE 9 Regulated sector and supervisory authorities SCHEDULE 10 Tax SCHEDULE 11 Amendments SCHEDULE 12 Repeals and revocations
What to do with it
As published
119 Conditions for exercise of powers
(1) The court may exercise the powers conferred by section 120 if any of the following conditions is satisfied.
(2) The first condition is that—
(a) a criminal investigation has been instituted in Scotland with regard to an offence, and
(b) there are reasonable grounds to suspect that the alleged offender has benefited from his criminal conduct.
(3) The second condition is that—
(a) proceedings for an offence have been instituted in Scotland and not concluded, and
(b) there is reasonable cause to believe that the accused has benefited from his criminal conduct.
(4) The third condition is that—
(a) an application by the prosecutor has been made under section 104, 105, 111 or 112 and not concluded, or the court believes that such an application is to be made, and
(b) there is reasonable cause to believe that the accused has benefited from his criminal conduct.
(5) The fourth condition is that—
(a) an application by the prosecutor has been made under section 106 and not concluded, or the court believes that such an application is to be made, and
(b) there is reasonable cause to believe that the court will decide under that section that the amount found under the new calculation of the accused’s benefit exceeds the relevant amount (as defined in that section).
(6) The fifth condition is that—
(a) an application by the prosecutor has been made under section 107 and not concluded, or the court believes that such an application is to be made, and
(b) there is reasonable cause to believe that the court will decide under that section that the amount found under the new calculation of the available amount exceeds the relevant amount (as defined in that section).
(7) The second condition is not satisfied if the court believes that—
(a) there has been undue delay in continuing the proceedings, or
(b) the prosecutor does not intend to proceed.
(8) If an application mentioned in the third, fourth or fifth condition has been made the condition is not satisfied if the court believes that—
(a) there has been undue delay in continuing the application, or
(b) the prosecutor does not intend to proceed.
(9) If the first condition is satisfied—
(a) references in this Part to the accused are to the alleged offender;
(b) references in this Part to the prosecutor are to the person the court believes is to have conduct of any proceedings for the offence;
(c) section 144(8) has effect as if proceedings for the offence had been instituted against the accused when the investigation was instituted.
(10) In this section, sections 120 to 140 and Schedule 3 “the court” means—
(a) the Court of Session, where a trial diet or a diet fixed for the purposes of section 76 of the Procedure Act in proceedings for the offence or offences concerned is to be, is being or has been held in the High Court of Justiciary;
(b) the sheriff exercising his civil jurisdiction, where a diet referred to in paragraph (a) is to be, is being or has been held in the sheriff court.
Your wording
Your change, as a redline
119 Conditions for exercise of powers
(1) The court may exercise the powers conferred by section 120 if any of the following conditions is satisfied.
(2) The first condition is that—
(a) a criminal investigation has been instituted in Scotland with regard to an offence, and
(b) there are reasonable grounds to suspect that the alleged offender has benefited from his criminal conduct.
(3) The second condition is that—
(a) proceedings for an offence have been instituted in Scotland and not concluded, and
(b) there is reasonable cause to believe that the accused has benefited from his criminal conduct.
(4) The third condition is that—
(a) an application by the prosecutor has been made under section 104, 105, 111 or 112 and not concluded, or the court believes that such an application is to be made, and
(b) there is reasonable cause to believe that the accused has benefited from his criminal conduct.
(5) The fourth condition is that—
(a) an application by the prosecutor has been made under section 106 and not concluded, or the court believes that such an application is to be made, and
(b) there is reasonable cause to believe that the court will decide under that section that the amount found under the new calculation of the accused’s benefit exceeds the relevant amount (as defined in that section).
(6) The fifth condition is that—
(a) an application by the prosecutor has been made under section 107 and not concluded, or the court believes that such an application is to be made, and
(b) there is reasonable cause to believe that the court will decide under that section that the amount found under the new calculation of the available amount exceeds the relevant amount (as defined in that section).
(7) The second condition is not satisfied if the court believes that—
(a) there has been undue delay in continuing the proceedings, or
(b) the prosecutor does not intend to proceed.
(8) If an application mentioned in the third, fourth or fifth condition has been made the condition is not satisfied if the court believes that—
(a) there has been undue delay in continuing the application, or
(b) the prosecutor does not intend to proceed.
(9) If the first condition is satisfied—
(a) references in this Part to the accused are to the alleged offender;
(b) references in this Part to the prosecutor are to the person the court believes is to have conduct of any proceedings for the offence;
(c) section 144(8) has effect as if proceedings for the offence had been instituted against the accused when the investigation was instituted.
(10) In this section, sections 120 to 140 and Schedule 3 “the court” means—
(a) the Court of Session, where a trial diet or a diet fixed for the purposes of section 76 of the Procedure Act in proceedings for the offence or offences concerned is to be, is being or has been held in the High Court of Justiciary;
(b) the sheriff exercising his civil jurisdiction, where a diet referred to in paragraph (a) is to be, is being or has been held in the sheriff court.
A proposal here is not law. Support on Solon is evidence that people want the change; the official route says what it takes to make it law.