Law

Proceeds of Crime Act 2002

United Kingdom · statute

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In force since 2026-06-30, as the publisher states.

Copy read on 2026-11-08. The page it was read from

Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

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Contents: 824 provisions
  1. Title and introductory text
  2. 1 The Agency and its Director
  3. 2 Director’s functions: general
  4. 2A Contribution to the reduction of crime
  5. 2B The National Crime Agency and its officers
  6. 2C Prosecuting authorities
  7. 3 Accreditation and training
  8. 4 Co-operation
  9. 5 Advice and assistance
  10. 5A The principal objective
  11. 6 Making of order
  12. 7 Recoverable amount
  13. 8 Defendant’s benefit
  14. 9 Available amount
  15. 9A Hidden property
  16. 10 Assumptions to be made in case of criminal lifestyle
  17. 10A Determination of extent of defendant's interest in property
  18. 11 Time for payment
  19. 12 Interest on unpaid sums
  20. 13 Effect of order on court’s other powers
  21. 13A Orders for securing compliance with confiscation order
  22. 13B Appeals against orders under section 13A
  23. 14 Postponement
  24. 15 Effect of postponement
  25. 15A Timing of confiscation proceedings and effect on sentencing
  26. 15B Early resolution meeting
  27. 15C Early resolution hearing
  28. 16 Statement of information
  29. 17 Defendant’s response to statement of information
  30. 18 Provision of information by defendant
  31. 18A Provision of information as to defendant's interest in property
  32. 19 No order made: reconsideration of case
  33. 20 No order made: reconsideration of benefit
  34. 21 Order made: reconsideration of benefit
  35. 21A Order made: reconsideration of benefit on decrease in value and sale etc
  36. 22 Order made: reconsideration of available amount
  37. 22A Increased available amount: compensation directions
  38. 23 Inadequacy of available amount: variation of order
  39. 24 Inadequacy of available amount: discharge of order
  40. 25 Small amount outstanding: discharge of order
  41. 25A Recovery from estate of deceased defendant impractical: discharge of order
  42. 26 Information
  43. 27 Defendant convicted or committed
  44. 28 Defendant neither convicted nor acquitted
  45. 29 Variation of order
  46. 30 Discharge of order
  47. 31 Appeal by prosecutor etc ...
  48. 32 Court’s powers on appeal
  49. 33 Appeal to Supreme Court
  50. 34 Enforcement authority
  51. 35 Enforcement as fines
  52. 36 Director appointed as enforcement authority
  53. 37 Director’s application for enforcement
  54. 38 Provisions about imprisonment or detention
  55. 39 Reconsideration etc: variation of prison term
  56. 40 Conditions for exercise of powers
  57. 41 Restraint orders
  58. 41ZA Exception for legal expenses in respect of offence with which confiscation proceedings concerned
  59. 41A Restraint orders: power to retain seized property etc.
  60. 42 Application, discharge and variation
  61. 42A Restraint orders: effect of conviction
  62. 43 Appeal to Court of Appeal
  63. 44 Appeal to Supreme Court
  64. 44A Detention of property pending appeal
  65. 45 Seizure
  66. 46 Hearsay evidence
  67. 47 Supplementary
  68. 47A Sections 47B to 47S: meaning of “appropriate officer”
  69. 47B Conditions for exercise of powers
  70. 47C Power to seize property
  71. 47D Search power: premises
  72. 47E Search power: people
  73. 47F Search power: vehicles
  74. 47G “Appropriate approval”
  75. 47H Exercise of powers without judicial approval
  76. 47I Report by appointed person on exercise of powers
  77. 47J Initial detention of seized property
  78. 47K Further detention pending making of restraint order
  79. 47L Further detention pending variation of restraint order
  80. 47M Further detention in other cases
  81. 47N Discharge, variation and lapse of detention order
  82. 47O Appeals
  83. 47P Detention of property pending section 47O appeal
  84. 47Q Hearsay evidence in detention order proceedings
  85. 47R Release of property
  86. 47S Codes of practice
  87. 48 Appointment
  88. 49 Powers
  89. 50 Appointment
  90. 51 Powers
  91. 52 Appointment
  92. 53 Powers
  93. 54 Enforcement receivers
  94. 55 Sums received by designated officer
  95. 56 Director’s receivers
  96. 57 Sums received by Director
  97. 58 Restraint orders
  98. 59 Enforcement receivers
  99. 60 Director’s receivers
  100. 61 Protection
  101. 62 Further applications
  102. 63 Discharge and variation
  103. 64 Management receivers: discharge
  104. 65 Appeal to Court of Appeal
  105. 66 Appeal to Supreme Court
  106. 67 Money
  107. 67ZA Cryptoassets
  108. 67ZB Meaning of “UK-connected cryptoasset service provider”
  109. 67A Seized personal property
  110. 67AA Destruction of seized cryptoassets
  111. 67B Costs of storage and realisation
  112. 67C Sections 67ZA to 67B: appeals
  113. 67D Proceeds of realisation
  114. 67E Appeals in relation to confiscation orders
  115. 67F Appeals under section 67E: supplementary
  116. 67G Appeals in relation to section 10A determinations
  117. 67H Appeals in relation to compliance orders
  118. 67I Appeals in relation to variations of confiscation order
  119. 67J Appeals in relation to restraint orders
  120. 67K Appeals in relation to management and enforcement receivers
  121. 67L Appeals in relation to realisation etc of seized property
  122. 68 Applications and appeals
  123. 69 Specific powers of court and receiver etc.
  124. 70 Committal by magistrates’ court
  125. 71 Sentencing by Crown Court
  126. 72 Serious default
  127. 73 Order varied or discharged
  128. 74 Enforcement abroad
  129. 75 Criminal lifestyle
  130. 76 Conduct and benefit
  131. 77 Tainted gifts
  132. 78 Gifts and their recipients
  133. 79 Value: the basic rule
  134. 80 Value of property obtained from conduct
  135. 80A Mortgages
  136. 81 Value of tainted gifts
  137. 82 Free property
  138. 83 Realisable property
  139. 84 Property: general provisions
  140. 84A Cryptoassets etc
  141. 85 Proceedings
  142. 86 Applications
  143. 87 Confiscation orders
  144. 87A No further possibility of appeal
  145. 88 Other interpretative provisions
  146. 89 Procedure on appeal to the Court of Appeal
  147. 90 Procedure on appeal to the Supreme Court
  148. 91 Crown Court Rules
  149. 92 Making of order
  150. 93 Recoverable amount
  151. 94 Accused’s benefit
  152. 95 Available amount
  153. 96 Assumptions to be made in case of criminal lifestyle
  154. 97 Effect of order on court’s other powers
  155. 97A Application of receipts: restitution order and victim surcharge
  156. 97B Orders for securing compliance with confiscation order
  157. 97C Breach of compliance order
  158. 97D Appeals against variation or discharge of compliance orders
  159. 98 Disposal of family home
  160. 99 Postponement
  161. 100 Effect of postponement
  162. 101 Statement of information
  163. 102 Accused’s response to statement of information
  164. 103 Provision of information by accused
  165. 104 No order made: reconsideration of case
  166. 105 No order made: reconsideration of benefit
  167. 106 Order made: reconsideration of benefit
  168. 107 Order made: reconsideration of available amount
  169. 108 Inadequacy of available amount: variation of order
  170. 109 Inadequacy of available amount: discharge of order
  171. 110 Information
  172. 111 Conviction or other disposal of accused
  173. 112 Accused neither convicted nor acquitted
  174. 113 Variation of order
  175. 114 Discharge of order
  176. 115 Appeal by prosecutor
  177. 116 Time for payment
  178. 116A Further time for payment due to coronavirus
  179. 117 Interest on unpaid sums
  180. 118 Application of provisions about fine enforcement
  181. 119 Conditions for exercise of powers
  182. 120 Restraint orders etc
  183. 120A Restraint orders: power to retain seized property etc.
  184. 121 Application, recall and variation
  185. 122 Appeals
  186. 122A Detention of property pending appeal
  187. 123 Inhibition of property affected by order
  188. 124 Arrestment of property affected by order
  189. 125 Management administrators
  190. 126 Seizure
  191. 127 Restraint orders: restriction on proceedings and remedies
  192. 127A Sections 127B to 127R: meaning of “appropriate officer”
  193. 127B Conditions for exercise of powers
  194. 127C Power to seize property
  195. 127D Search power: premises
  196. 127E Search power: people
  197. 127F Search power: vehicles
  198. 127G “Appropriate approval”
  199. 127H Exercise of powers without judicial approval
  200. 127I Report by appointed person on exercise of powers
  201. 127J Initial detention of seized property
  202. 127K Further detention pending making of restraint order
  203. 127L Further detention pending variation of restraint order
  204. 127M Further detention in other cases
  205. 127N Discharge, variation and lapse of detention order
  206. 127O Appeals
  207. 127P Detention of property pending section 127O appeal
  208. 127Q Release of property
  209. 127R Guidance by Lord Advocate
  210. 128 Enforcement administrators
  211. 129 Management administrators: discharge
  212. 130 Application of sums by enforcement administrator
  213. 131 Sums received by clerk of court
  214. 131ZA Money
  215. 131ZB Cryptoassets
  216. 131ZC Meaning of “UK-connected cryptoasset service provider”
  217. 131A Seized personal property
  218. 131AA Destruction of seized cryptoassets
  219. 131B Costs of storage and realisation
  220. 131C Sections 131ZB to 131B: appeals
  221. 131D Proceeds of realisation
  222. 132 Powers of court and administrator etc
  223. 133 Protection of administrators
  224. 134 Protection of persons affected
  225. 135 Recall and variation of order
  226. 136 Appeals
  227. 137 Administrators: further provision
  228. 138 Administrators: restriction on proceedings and remedies
  229. 139 Serious default
  230. 140 Confiscation order varied or discharged
  231. 141 Enforcement abroad
  232. 142 Criminal lifestyle
  233. 143 Conduct and benefit
  234. 144 Tainted gifts and their recipients
  235. 145 Value: the basic rule
  236. 146 Value of property obtained from conduct
  237. 147 Value of tainted gifts
  238. 148 Free property
  239. 149 Realisable property
  240. 150 Property: general provisions
  241. 150A Cryptoassets etc
  242. 151 Proceedings
  243. 152 Applications
  244. 153 Satisfaction of confiscation orders
  245. 153A No further possibility of appeal
  246. 154 Other interpretative provisions
  247. 155 Rules of court
  248. 156 Making of order
  249. 157 Recoverable amount
  250. 158 Defendant’s benefit
  251. 159 Available amount
  252. 160 Assumptions to be made in case of criminal lifestyle
  253. 160A Determination of extent of defendant's interest in property
  254. 161 Time for payment
  255. 162 Interest on unpaid sums
  256. 163 Effect of order on court’s other powers
  257. 163A Orders for securing compliance with confiscation order
  258. 163B Appeals against orders under section 163A
  259. 164 Postponement
  260. 165 Effect of postponement
  261. 166 Statement of information
  262. 167 Defendant’s response to statement of information
  263. 168 Provision of information by defendant
  264. 168A Provision of information as to defendant's interest in property
  265. 169 No order made: reconsideration of case
  266. 170 No order made: reconsideration of benefit
  267. 171 Order made: reconsideration of benefit
  268. 172 Order made: reconsideration of available amount
  269. 173 Inadequacy of available amount: variation of order
  270. 174 Inadequacy of available amount: discharge of order
  271. 175 Small amount outstanding: discharge of order
  272. 175A Recovery from estate of deceased defendant impractical: discharge of order
  273. 176 Information
  274. 177 Defendant convicted or committed
  275. 178 Defendant neither convicted nor acquitted
  276. 179 Variation of order
  277. 180 Discharge of order
  278. 181 Appeal by prosecutor etc ...
  279. 182 Court’s powers on appeal
  280. 183 Appeal to Supreme Court
  281. 184 Enforcement authority
  282. 185 Enforcement as fines etc
  283. 186 Director’s application for enforcement
  284. 187 Provisions about imprisonment or detention
  285. 188 Reconsideration etc: variation of prison term
  286. 189 Conditions for exercise of powers
  287. 190 Restraint orders
  288. 190A Restraint orders: power to retain seized property
  289. 191 Application, discharge and variation
  290. 192 Appeal to Court of Appeal
  291. 193 Appeal to Supreme Court
  292. 193A Detention of property pending appeal
  293. 194 Seizure
  294. 195 Supplementary
  295. 195A Sections 195B to 195S: meaning of “appropriate officer”
  296. 195B Conditions for exercise of powers
  297. 195C Power to seize property
  298. 195D Search power: premises
  299. 195E Search power: people
  300. 195F Search power: vehicles
  301. 195G “Appropriate approval”
  302. 195H Exercise of powers without judicial approval
  303. 195I Report by appointed person on exercise of powers
  304. 195J Initial detention of seized property
  305. 195K Further detention pending making of restraint order
  306. 195L Further detention pending variation of restraint order
  307. 195M Further detention in other cases
  308. 195N Discharge, variation and lapse of detention order
  309. 195O Appeals
  310. 195P Detention of property pending section 195O appeal
  311. 195Q Hearsay evidence in detention order proceedings
  312. 195R Release of property
  313. 195S Codes of practice : Secretary of State
  314. 195T Codes of practice: Department of Justice
  315. 196 Appointment
  316. 197 Powers
  317. 198 Appointment
  318. 199 Powers
  319. 200 Appointment
  320. 201 Powers
  321. 202 Enforcement receivers
  322. 203 Sums received by chief clerk
  323. 204 Director’s receivers
  324. 205 Sums received by Director
  325. 206 Restraint orders
  326. 207 Enforcement receivers
  327. 208 Director’s receivers
  328. 209 Protection
  329. 210 Further applications
  330. 211 Discharge and variation
  331. 212 Management receivers: discharge
  332. 213 Appeal to Court of Appeal
  333. 214 Appeal to Supreme Court
  334. 215 Money
  335. 215ZA Cryptoassets
  336. 215ZB Meaning of “UK-connected cryptoasset service provider”
  337. 215A Seized personal property
  338. 215AA Destruction of seized cryptoassets
  339. 215B Costs of storage and realisation
  340. 215C Sections 215ZA to 215B: appeals
  341. 215D Proceeds of realisation
  342. 216 Applications and appeals
  343. 217 Powers of court and receiver etc
  344. 218 Committal by magistrates’ court
  345. 219 Sentencing by Crown Court
  346. 220 Serious default
  347. 221 Order varied or discharged
  348. 222 Enforcement abroad
  349. 223 Criminal lifestyle
  350. 224 Conduct and benefit
  351. 225 Tainted gifts
  352. 226 Gifts and their recipients
  353. 227 Value: the basic rule
  354. 228 Value of property obtained from conduct
  355. 229 Value of tainted gifts
  356. 230 Free property
  357. 231 Realisable property
  358. 232 Property: general provisions
  359. 232A Cryptoassets etc
  360. 233 Proceedings
  361. 234 Applications
  362. 235 Confiscation orders
  363. 235A No further possibility of appeal
  364. 236 Other interpretative provisions
  365. 237 Procedure on appeal to the Court of Appeal
  366. 238 Procedure on appeal to the
  367. 239 Crown Court Rules
  368. 240 General purpose of this Part
  369. 241 “Unlawful conduct”
  370. 241A “Gross human rights abuse or violation”
  371. 242 “Property obtained through unlawful conduct”
  372. 243 Proceedings for recovery orders in England and Wales or Northern Ireland
  373. 244 Proceedings for recovery orders in Scotland
  374. 245 “Associated property”
  375. 245ZA Notice to local authority: Scotland
  376. 245A Application for property freezing order
  377. 245B Variation and setting aside of order
  378. 245C Exclusions
  379. 245D Restriction on proceedings and remedies
  380. 245E Receivers in connection with property freezing orders
  381. 245F Powers of receivers appointed under section 245E
  382. 245G Supervision of section 245E receiver and variations
  383. 246 Application for interim receiving order
  384. 247 Functions of interim receiver
  385. 248 Registration
  386. 249 Registration (Northern Ireland)
  387. 250 Duties of respondent etc.
  388. 251 Supervision of interim receiver and variation of order
  389. 252 Restrictions on dealing etc. with property
  390. 253 Restriction on proceedings and remedies
  391. 254 Exclusion of property which is not recoverable etc.
  392. 255 Reporting
  393. 255A Application for prohibitory property order
  394. 255B Variation and recall of prohibitory property order
  395. 255C Exclusions
  396. 255D Restriction on proceedings and remedies
  397. 255E Arrestment of property affected by prohibitory property order
  398. 255F Inhibition of property affected by prohibitory property order
  399. 255G Receivers in connection with prohibitory property orders
  400. 255H Powers of receivers appointed under section 255G
  401. 255I Supervision of PPO receiver and variations
  402. 256 Application for interim administration order
  403. 257 Functions of interim administrator
  404. 258 Inhibition of property affected by order
  405. 259 Duties of respondent etc.
  406. 260 Supervision of interim administrator and variation of order
  407. 261 Restrictions on dealing etc. with property
  408. 262 Restriction on proceedings and remedies
  409. 263 Exclusion of property which is not recoverable etc.
  410. 264 Reporting
  411. 265 Arrestment of property affected by interim administration order
  412. 266 Recovery orders
  413. 267 Functions of the trustee for civil recovery
  414. 268 Recording of recovery order (Scotland)
  415. 269 Rights of pre-emption, etc.
  416. 269A Leases and occupancy rights: Scotland
  417. 270 Associated and joint property
  418. 271 Agreements about associated and joint property
  419. 272 Associated and joint property: default of agreement
  420. 273 Payments in respect of rights under pension schemes
  421. 274 Consequential adjustment of liabilities under pension schemes
  422. 275 Pension schemes: supplementary
  423. 276 Consent orders
  424. 277 Consent orders: pensions
  425. 278 Limit on recovery
  426. 279 Section 278: supplementary
  427. 280 Applying realised proceeds
  428. 281 Victims of theft, etc.
  429. 282 Other exemptions
  430. 282A Scope of powers
  431. 282B Enforcement abroad before recovery order: enforcement authority
  432. 282C Enforcement abroad before recovery order: receiver or administrator
  433. 282CA Enforcement abroad before recovery order: PPO receiver
  434. 282D Evidence overseas: interim receiver or interim administrator
  435. 282E Evidence overseas: restrictions on use
  436. 282F Enforcement abroad: after recovery order
  437. 283 Compensation
  438. 284 Payment of interim administrator or trustee (Scotland)
  439. 285 Effect on diligence of recovery order (Scotland)
  440. 286 Scope of powers (Scotland)
  441. 286A Legal expenses excluded from freezing: required conditions
  442. 286B Legal expenses: regulations for purposes of section 266(8B) or 286A(3)
  443. 287 Financial threshold
  444. 288 Limitation
  445. 288A Costs orders and expenses orders
  446. 289 Searches
  447. 290 Prior approval
  448. 291 Report on exercise of powers
  449. 292 Code of practice
  450. 293 Code of practice (Scotland)
  451. 293A Code of practice (Northern Ireland)
  452. 294 Seizure of cash
  453. 295 Detention of seized cash
  454. 296 Interest
  455. 297 Release of detained cash
  456. 297A Forfeiture notice
  457. 297B Content
  458. 297C Effect
  459. 297D Detention following lapse of notice
  460. 297E Application to set aside forfeiture
  461. 297F Release of cash subject to forfeiture notice
  462. 297G Application of forfeited cash
  463. 298 Forfeiture
  464. 299 Appeal against decision under section 298
  465. 300 Application of forfeited cash
  466. 301 Victims and other owners
  467. 302 Compensation
  468. 302A Powers for prosecutors to appear in proceedings
  469. 303 “The minimum amount”
  470. 303A Financial investigators
  471. 303B “Listed asset”
  472. 303C Searches
  473. 303D Searches: supplemental provision
  474. 303E Prior approval
  475. 303F Report on exercise of powers
  476. 303G Code of practice: Secretary of State
  477. 303H Code of practice: Scotland
  478. 303I Code of practice: Northern Ireland
  479. 303J Seizure of listed assets
  480. 303K Initial detention of seized property
  481. 303L Further detention of seized property
  482. 303M Testing and safekeeping of property seized under section 303J
  483. 303N Release of detained property
  484. 303O Forfeiture
  485. 303P Associated and joint property
  486. 303Q Agreements about associated and joint property
  487. 303R Associated and joint property: default of agreement
  488. 303S Sections 303O to 303R: appeals
  489. 303T Realisation of forfeited property
  490. 303U Proceeds of realisation
  491. 303V Victims and other owners
  492. 303W Compensation
  493. 303X Powers for prosecutors to appear in proceedings
  494. 303Y “The minimum value”
  495. 303Z Financial investigators
  496. 303Z1 Application for account freezing order
  497. 303Z2 Restrictions on making of application under section 303Z1
  498. 303Z3 Making of account freezing order
  499. 303Z4 Variation and setting aside of account freezing order
  500. 303Z5 Exclusions
  501. 303Z6 Restriction on proceedings and remedies
  502. 303Z7 “Bank”
  503. 303Z8 “The minimum amount”
  504. 303Z9 Account forfeiture notice
  505. 303Z10 Giving of account forfeiture notice
  506. 303Z11 Lapse of account forfeiture notice
  507. 303Z12 Application to set aside forfeiture
  508. 303Z13 Application of money forfeited under account forfeiture notice
  509. 303Z14 Forfeiture order
  510. 303Z15 Continuation of account freezing order pending appeal
  511. 303Z16 Appeal against decision under section 303Z14
  512. 303Z17 Application of money forfeited under account forfeiture order
  513. 303Z17A Victims and other owners
  514. 303Z18 Compensation
  515. 303Z19 Powers for prosecutors to appear in proceedings
  516. 303Z20 Definitions
  517. 303Z21 Searches
  518. 303Z22 Searches: supplemental provision
  519. 303Z23 Prior approval
  520. 303Z24 Report on exercise of powers
  521. 303Z25 Codes of practice
  522. 303Z26 Seizure of cryptoasset-related items
  523. 303Z27 Initial detention of seized cryptoasset-related items
  524. 303Z28 Further detention of seized cryptoasset-related items
  525. 303Z29 Seizure of cryptoassets
  526. 303Z30 Prior authorisation for detention of cryptoassets
  527. 303Z31 Initial detention of seized cryptoassets
  528. 303Z32 Further detention of seized cryptoassets
  529. 303Z33 Safekeeping of cryptoassets and cryptoasset-related items
  530. 303Z34 Release of cryptoassets and cryptoasset-related items
  531. 303Z35 Definitions
  532. 303Z36 Application for crypto wallet freezing order
  533. 303Z37 Making of a crypto wallet freezing order
  534. 303Z38 Variation and setting aside of crypto wallet freezing order
  535. 303Z39 Exclusions
  536. 303Z40 Restrictions on proceedings and remedies
  537. 303Z41 Forfeiture order
  538. 303Z42 Forfeiture order: supplementary
  539. 303Z43 Associated and joint property
  540. 303Z44 Agreements about associated and joint property
  541. 303Z45 Associated and joint property: default of agreement
  542. 303Z46 Continuation of crypto wallet freezing order pending appeal
  543. 303Z47 Sections 303Z41 to 303Z45: appeals
  544. 303Z48 Realisation or destruction of forfeited cryptoassets etc
  545. 303Z49 Proceeds of realisation
  546. 303Z50 Victims and other owners: detained cryptoassets
  547. 303Z51 Victims and other owners: crypto wallet freezing orders
  548. 303Z52 Compensation
  549. 303Z53 Powers for prosecutors to appear in proceedings
  550. 303Z54 Detained cryptoassets: conversion
  551. 303Z55 Frozen crypto wallet: conversion
  552. 303Z56 Conversion: existing forfeiture proceedings
  553. 303Z57 Detained cryptoassets: detention of proceeds of conversion
  554. 303Z58 Frozen crypto wallets: detention of proceeds of conversion
  555. 303Z59 Release of detained converted cryptoassets
  556. 303Z60 Forfeiture order
  557. 303Z61 Appeal against decision under section 303Z60
  558. 303Z62 Application of forfeited converted cryptoassets
  559. 303Z63 Victims and other owners
  560. 303Z64 Compensation
  561. 303Z65 Powers for prosecutors to appear in proceedings
  562. 303Z66 Interpretation
  563. 304 Property obtained through unlawful conduct
  564. 305 Tracing property, etc.
  565. 306 Mixing property
  566. 307 Recoverable property: accruing profits
  567. 308 General exceptions
  568. 309 Other exemptions
  569. 310 Granting interests
  570. 311 Insolvency
  571. 311A Financial investigators
  572. 312 Performance of functions of Scottish Ministers by constables in Scotland
  573. 313 Restriction on performance of Director’s functions by police
  574. 314 Obtaining and disposing of property
  575. 315 Northern Ireland courts
  576. 316 General interpretation
  577. 317 The National Crime Agency's general Revenue functions
  578. 318 Revenue functions regarding employment
  579. 319 Source of income
  580. 320 Appeals
  581. 321 The National Crime Agency's functions: transfers of value
  582. 322 The National Crime Agency's functions: certain settlements
  583. 323 Functions
  584. 324 Exercise of Revenue functions
  585. 325 Declarations
  586. 326 Interpretation
  587. 327 Concealing etc
  588. 328 Arrangements
  589. 329 Acquisition, use and possession
  590. 330 Failure to disclose: regulated sector
  591. 331 Failure to disclose: nominated officers in the regulated sector
  592. 332 Failure to disclose: other nominated officers
  593. 333 Tipping off
  594. 333A Tipping off: regulated sector
  595. 333B Disclosures within an undertaking or group etc
  596. 333C Other permitted disclosures between institutions etc
  597. 333D Other permitted disclosures etc
  598. 333E Interpretation of sections 333A to 333D
  599. 334 Penalties
  600. 335 Appropriate consent
  601. 336 Nominated officer: consent
  602. 336A Power of court to extend the moratorium period
  603. 336B Proceedings under section 336A: supplementary
  604. 336C Extension of moratorium period pending determination of proceedings etc
  605. 336D Sections 336A to 336C: interpretation
  606. 337 Protected disclosures
  607. 338 Authorised disclosures
  608. 339 Form and manner of disclosures
  609. 339ZA Disclosures to the NCA
  610. 339ZB Voluntary disclosures within the regulated sector
  611. 339ZC Section 339ZB: disclosure requests and required notifications
  612. 339ZD Section 339ZB: effect on required disclosures under section 330 or 331
  613. 339ZE Limitations on application of section 339ZD(2) and (3)
  614. 339ZF Section 339ZB: supplementary
  615. 339ZG Sections 339ZB to 339ZF: interpretation
  616. 339ZH Information orders
  617. 339ZL Code of practice about certain information orders
  618. 339ZI Statements
  619. 339ZJ Appeals
  620. 339ZK Supplementary
  621. 339A Threshold amounts
  622. 340 Interpretation
  623. 341 Investigations
  624. 341A Orders and warrants sought for civil recovery investigations
  625. 342 Offences of prejudicing investigation
  626. 343 Judges
  627. 344 Courts
  628. 345 Production orders
  629. 346 Requirements for making of production order
  630. 347 Order to grant entry
  631. 348 Further provisions
  632. 349 Computer information
  633. 350 Government departments
  634. 351 Supplementary
  635. 352 Search and seizure warrants
  636. 353 Requirements where production order not available
  637. 354 Further provisions: general
  638. 355 Further provisions: confiscation , money laundering, detained cash, detained property , frozen funds and cryptoasset investigations
  639. 356 Further provisions: civil recovery ... and exploitation proceeds investigations
  640. 356A Certain offences in relation to execution of search and seizure warrants
  641. 357 Disclosure orders
  642. 358 Requirements for making of disclosure order
  643. 359 Offences
  644. 360 Statements
  645. 361 Further provisions
  646. 362 Supplementary
  647. 362A Unexplained wealth orders
  648. 362B Requirements for making of unexplained wealth order
  649. 362C Effect of order: cases of non-compliance
  650. 362D Effect of order: cases of compliance or purported compliance
  651. 362DA Extension of period for making determination where interim freezing order has been made
  652. 362DB Extension of period pending determination of proceedings etc
  653. 362E Offence
  654. 362F Statements
  655. 362G Disclosure of information, copying of documents, etc
  656. 362H Holding of property: trusts and company arrangements etc
  657. 362I Supplementary
  658. 362IA Annual reports
  659. 362J Application for interim freezing order
  660. 362K Variation and discharge of interim freezing order
  661. 362L Exclusions
  662. 362M Restrictions on proceedings and remedies
  663. 362N Receivers in connection with interim freezing orders
  664. 362O Powers of receivers appointed under section 362N
  665. 362P Supervision of section 362N receiver and variations
  666. 362Q Registration
  667. 362R Compensation
  668. 362S Enforcement abroad: enforcement authority
  669. 362T Enforcement abroad: receiver
  670. 362U Costs orders
  671. 363 Customer information orders
  672. 364 Meaning of customer information
  673. 365 Requirements for making of customer information order
  674. 366 Offences
  675. 367 Statements
  676. 368 Disclosure of information
  677. 369 Supplementary
  678. 370 Account monitoring orders
  679. 371 Requirements for making of account monitoring order
  680. 372 Statements
  681. 373 Applications
  682. 374 Disclosure of information
  683. 375 Supplementary
  684. 375A Evidence overseas
  685. 375B Evidence overseas: restrictions on use
  686. 375C Restriction on exercise of certain powers conferred on officers of Revenue and Customs
  687. 376 Evidence overseas
  688. 377 Code of practice of Secretary of State etc.
  689. 377ZA Code of practice (Northern Ireland)
  690. 377ZB Disapplication of PACE codes
  691. 377A Code of practice of Attorney General or Advocate General for Northern Ireland
  692. 378 Officers
  693. 379 Miscellaneous
  694. 380 Production orders
  695. 381 Requirements for making of production order
  696. 382 Order to grant entry
  697. 383 Further provisions
  698. 384 Computer information
  699. 385 Government departments
  700. 386 Supplementary
  701. 387 Search warrants
  702. 388 Requirements where production order not available
  703. 389 Further provisions: general
  704. 390 Further provisions: confiscation, civil recovery , detained cash , detained property, frozen funds , money laundering and cryptoasset
  705. 391 Disclosure orders
  706. 392 Requirements for making of disclosure order
  707. 393 Offences
  708. 394 Statements
  709. 395 Further provisions
  710. 396 Supplementary
  711. 396A Unexplained wealth orders
  712. 396B Requirements for making of unexplained wealth order
  713. 396C Effect of order: cases of non-compliance
  714. 396D Effect of order: cases of compliance or purported compliance
  715. 396DA Extension of period for making determination where interim freezing order has been made
  716. 396DB Extension of period pending determination of proceedings etc
  717. 396E Offence
  718. 396F Statements
  719. 396G Disclosure of information, copying of documents, etc
  720. 396H Holding of property: trusts and company arrangements etc
  721. 396I Supplementary
  722. 396J Application for interim freezing order
  723. 396K Variation and recall of interim freezing order
  724. 396L Exclusions
  725. 396M Restrictions on proceedings and remedies
  726. 396N Arrestment of property affected by interim freezing order
  727. 396O Inhibition of property affected by interim freezing order
  728. 396P Receivers in connection with interim freezing orders
  729. 396Q Powers of receivers appointed under section 396P
  730. 396R Supervision of section 396P receiver and variations
  731. 396S Compensation
  732. 396T Enforcement abroad: Scottish Ministers
  733. 396U Enforcement abroad: receiver
  734. 396V Expenses orders
  735. 397 Customer information orders
  736. 398 Meaning of customer information
  737. 399 Requirements for making of customer information order
  738. 400 Offences
  739. 401 Statements
  740. 402 Further provisions
  741. 403 Supplementary
  742. 404 Account monitoring orders
  743. 405 Requirements for making of account monitoring order
  744. 406 Statements
  745. 407 Further provisions
  746. 408 Supplementary
  747. 408A Evidence overseas
  748. 408B Evidence overseas: restrictions on use
  749. 408C Restriction on exercise of certain powers conferred on officers of Revenue and Customs
  750. 409 Jurisdiction of sheriff
  751. 410 Code of practice
  752. 411 Performance of functions of Scottish Ministers by constables in Scotland
  753. 412 Interpretation
  754. 412A Power to vary monetary amounts
  755. 413 Criminal conduct
  756. 414 Property
  757. 415 Money laundering offences
  758. 416 Other interpretative provisions
  759. 417 Modifications of the 1986 Act
  760. 418 Restriction of powers
  761. 419 Tainted gifts
  762. 420 Modifications of the 2016 Act
  763. 421 Restriction of powers
  764. 422 Tainted gifts
  765. 423 Modifications of the 1989 Order
  766. 424 Restriction of powers
  767. 425 Tainted gifts
  768. 426 Winding up under the 1986 Act
  769. 427 Tainted gifts
  770. 428 Winding up under the 1989 Order
  771. 429 Tainted gifts
  772. 430 Floating charges
  773. 431 Limited liability partnerships
  774. 432 Insolvency practitioners
  775. 433 Meaning of insolvency practitioner
  776. 434 Interpretation
  777. 435 Use of information by certain authorities
  778. 436 Disclosure of information to certain authorities
  779. 437 Further disclosure
  780. 438 Disclosure of information by certain authorities
  781. 439 Disclosure of information to Lord Advocate and to Scottish Ministers
  782. 440 Further disclosure
  783. 441 Disclosure of information by Lord Advocate and by Scottish Ministers
  784. 442 Restriction on disclosure for overseas purposes
  785. 442A Data protection legislation
  786. 443 Enforcement in different parts of the United Kingdom
  787. 444 External requests and orders
  788. 445 External investigations
  789. 445A Sharing of beneficial ownership information
  790. 446 Rules of court
  791. 447 Interpretation
  792. 448 Tax
  793. 449 NCA officers: pseudonyms
  794. 449A Staff of relevant Directors: pseudonyms
  795. 450 Pseudonyms: Scotland
  796. 451 Revenue and Customs prosecutions
  797. 452 Crown servants
  798. 453 References to financial investigators
  799. 453A Certain offences in relation to financial investigators
  800. 453B Certain offences in relation to SFO officers
  801. 453C Obstruction offence in relation to immigration officers
  802. 454 Customs officers
  803. 454A Serious Fraud Office
  804. 455 Enactment
  805. 456 Amendments
  806. 457 Repeals and revocations
  807. 458 Commencement
  808. 459 Orders and regulations
  809. 460 Finance
  810. 461 Extent
  811. 462 Short title
  812. SCHEDULE 1 Assets Recovery Agency
  813. SCHEDULE 2 Lifestyle offences: England and Wales
  814. SCHEDULE 3 Administrators: further provision
  815. SCHEDULE 4 Lifestyle offences: Scotland
  816. SCHEDULE 5 Lifestyle offences: Northern Ireland
  817. SCHEDULE 6 Powers of interim receiver or administrator
  818. SCHEDULE 7 Powers of trustee for civil recovery
  819. SCHEDULE 7A Connection with relevant part of United Kingdom
  820. SCHEDULE 8 Forms of declarations
  821. SCHEDULE 9 Regulated sector and supervisory authorities
  822. SCHEDULE 10 Tax
  823. SCHEDULE 11 Amendments
  824. SCHEDULE 12 Repeals and revocations

Proposed changes to this act

No one has proposed a change to this act yet.

824 provisions

100 Effect of postponement

(1) If the court postpones proceedings under section 92 it may proceed to sentence the accused for the offence (or any of the offences) concerned. (2) Subsection (1) is without prejudice to sections 201 and 202 of the Procedure Act. (3) In sentencing the accused for the offence (or any of the offences) concerned in the postponement period the court must not— (a) impose a fine on him, (b) make an order falling within section 97(3),... (c) make an order for the payment of compensation under section 249 of the Procedure Act. (d) make a restitution order, or (e) order the accused under section 253F(2) of the Procedure Act to pay a victim surcharge. (4) If the court sentences the accused for the offence (or any of the offences) concerned in the postponement period, after that period ends it may vary the sentence by— (a) imposing a fine on him, (b) making an order falling within section 97(3), ... (c) making an order for the payment of compensation under section 249 of the Procedure Act. (d) making a restitution order, or (e) ordering the accused under section 253F(2) of the Procedure Act to pay a victim surcharge. (5) But the court may proceed under subsection (4) only within the period of 28 days which starts with the last day of the postponement period. (6) Where the court postpones proceedings under section 92 following conviction on indictment, section 109(1) of the Procedure Act (intimation of intention to appeal against conviction or conviction and sentence) has effect as if the reference to the final determination of the proceedings were a reference to the relevant day. (7) Despite subsection (6), the accused may appeal under section 106 of the Procedure Act against any confiscation order made, or any other sentence passed, after the end of the postponement period, in respect of the conviction. (8) Where the court postpones proceedings under section 92 following conviction on complaint— (a) section 176(1) of the Procedure Act (stated case: manner and time of appeal) has effect in relation to an appeal under section 175(2)(a) or (d) as if the reference to the final determination of the proceedings were a reference to the relevant day, and (b) the draft stated case in such an appeal must be prepared and issued within 3 weeks of the relevant day. (9) Despite subsection (8), the accused may appeal under section 175(2)(b), and the prosecutor may appeal under section 175(3)(b), of the Procedure Act against any confiscation order made, or any other sentence passed, after the end of the postponement period, in respect of the conviction. (10) The relevant day is— (a) in the case of an appeal against conviction where the court has sentenced the accused under subsection (1), the day on which the postponement period commenced; (b) in any other case, the day on which sentence is passed in open court. (11) The postponement period is the period for which proceedings under section 92 are postponed.

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101 Statement of information

(1) When the court is proceeding under section 92 the prosecutor must, within such period as the court may order, give the court a statement of information. (2) If the prosecutor believes the accused has a criminal lifestyle the statement of information is a statement of matters the prosecutor believes are relevant in connection with deciding these issues— (a) whether the accused has a criminal lifestyle; (b) whether he has benefited from his general criminal conduct; (c) his benefit from the conduct. (3) A statement under subsection (2) must include information the prosecutor believes is relevant— (a) in connection with the making by the court of a required assumption under section 96; (b) for the purpose of enabling the court to decide if the circumstances are such that it must not make such an assumption. (4) If the prosecutor does not believe the accused has a criminal lifestyle the statement of information is a statement of matters the prosecutor believes are relevant in connection with deciding these issues— (a) whether the accused has benefited from his particular criminal conduct; (b) his benefit from the conduct. (5) If the prosecutor gives the court a statement of information— (a) he may at any time give the court a further statement of information; (b) he must give the court a further statement of information if it orders him to do so, and he must give it within the period the court orders. (6) If the court makes an order under this section it may at any time vary it by making another one.

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102 Accused’s response to statement of information

(1) When the prosecutor gives the court a statement of information and the court is satisfied that he has served a copy on the accused, the court shall order the accused— (a) to indicate the extent to which he accepts each allegation in the statement, and (b) so far as he does not accept such an allegation, to give particulars of any matters he proposes to rely on, within the period it orders. (2) Where by virtue of section 99 the court postpones proceedings under section 92, the period ordered by the court under subsection (1) shall be a period ending not less than six months before the end of the permitted period mentioned in section 99. (3) If the accused accepts to any extent an allegation in a statement of information the court may treat his acceptance as conclusive of the matters to which it relates for the purpose of deciding the issues referred to in section 101(2) or (4) (as the case may be). (4) If the accused fails in any respect to comply with an order under subsection (1) he may be treated for the purposes of subsection (3) as accepting every allegation in the statement of information apart from— (a) any allegation in respect of which he has complied with the requirement; (b) any allegation that he has benefited from his general or particular criminal conduct. (5) Where— (a) an allegation in a statement of information is challenged by the accused, or (b) the matters referred to in subsection (1)(b) are challenged by the prosecutor, the court must consider the matters being challenged at a hearing. (6) The judge presiding at the hearing may, if he is not the trial judge and he considers it in the interests of justice to do so, adjourn the hearing to a date when the trial judge is available. (7) If the court makes an order under this section it may at any time vary it by making another one. (8) No acceptance under this section that the accused has benefited from conduct is admissible in evidence in proceedings for an offence.

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103 Provision of information by accused

(1) For the purpose of obtaining information to help it in carrying out its functions under section 92 the court may at any time order the accused to give it information specified in the order. (2) An order under this section may require all or a specified part of the information to be given in a specified manner and before a specified date. (3) If the accused fails without reasonable excuse to comply with an order under this section the court may draw such inference as it thinks appropriate. (4) Subsection (3) does not affect any power of the court to deal with the accused in respect of a failure to comply with an order under this section. (5) If the prosecutor accepts to any extent an allegation made by the accused— (a) in giving information required by an order under this section, or (b) in any other statement given to the court in relation to any matter relevant to deciding the available amount under section 95, the court may treat the acceptance as conclusive of the matters to which it relates. (6) For the purposes of this section an allegation may be accepted in a manner ordered by the court. (7) If the court makes an order under this section it may at any time vary it by making another order. (8) No information given under this section which amounts to an admission by the accused that he has benefited from criminal conduct is admissible in evidence in proceedings for an offence.

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104 No order made: reconsideration of case

(1) This section applies if— (a) the first condition in section 92 is satisfied but no court has proceeded under that section, (b) the prosecutor has evidence which was not available to him on the relevant date, (c) before the end of the period of six years starting with the date of conviction the prosecutor applies to the court to consider the evidence, and (d) after considering the evidence the court thinks it is appropriate for it to proceed under section 92. (2) The court must proceed under section 92, and when it does so subsections (3) to (8) below apply. (3) If the court has already sentenced the accused for the offence (or any of the offences) concerned section 92(4) does not apply. (4) Section 94(2) does not apply, and the rules applying instead are that the court must take account of— (a) conduct occurring before the relevant date; (b) property obtained before that date; (c) property obtained on or after that date if it was obtained as a result of or in connection with conduct occurring before that date. (5) In relation to the assumptions that the court must make under section 96— (a) the first and second assumptions do not apply with regard to property first held by the accused on or after the relevant date; (b) the third assumption does not apply with regard to expenditure incurred by him on or after that date; (c) the fourth assumption does not apply with regard to property obtained (or assumed to have been obtained) by him on or after that date. (6) The recoverable amount for the purposes of section 92 is such amount as— (a) the court believes is just, but (b) does not exceed the amount found under section 93. (7) In arriving at the just amount the court must have regard in particular to— (a) the amount found under section 93; (b) any fine imposed on the accused in respect of the offence (or any of the offences) concerned; (c) any order which falls within section 97(3) and has been made against him in respect of the offence (or any of the offences) concerned and has not already been taken into account by a court in deciding what is the free property held by the accused for the purposes of section 95; (d) any compensation order which has been made against him in respect of the offence (or any of the offences) concerned under section 249 of the Procedure Act. (e) any restitution order which has been made against the accused in respect of the offence (or any of the offences) concerned; (f) any order under section 253F(2) of the Procedure Act requiring the accused to pay a victim surcharge in respect of the offence (or any of the offences) concerned. (8) If an order for payment of compensation under section 249 of the Procedure Act has been made against the accused in respect of the offence or offences concerned, section 97(5) and (6) do not apply. (8A) If a restitution order or an order under section 253F(2) of the Procedure Act has been made against the accused in respect of the offence or offences concerned, section 97A(2) and (4) does not apply. (9) The relevant date is— (a) if the court made a decision not to proceed under section 92, the date of the decision; (b) if the court did not make such a decision, the date of the conviction. (10) The date of conviction is— (a) the date on which the accused was convicted of the offence concerned, or (b) if there are two or more offences and the convictions were on different dates, the date of the latest. (11) In this section references to the court are to the court which had jurisdiction in respect of the offence or offences concerned to make a confiscation order.

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105 No order made: reconsideration of benefit

(1) This section applies if the following two conditions are satisfied. (2) The first condition is that in proceeding under section 92 the court has decided that— (a) the accused has a criminal lifestyle but has not benefited from his general criminal conduct, or (b) the accused does not have a criminal lifestyle and has not benefited from his particular criminal conduct. (3) The second condition is that— (a) the prosecutor has evidence which was not available to him when the court decided that the accused had not benefited from his general or particular criminal conduct, (b) before the end of the period of six years starting with the date of conviction the prosecutor applies to the court to consider the evidence, and (c) after considering the evidence the court concludes that it would have decided that the accused had benefited from his general or particular criminal conduct (as the case may be) if the evidence had been available to it. (4) If this section applies the court— (a) must make a fresh decision under section 92(5)(b) or (c) as to whether the accused has benefited from his general or particular criminal conduct (as the case may be); (b) may make a confiscation order under that section. (5) Subsections (6) to (11) below apply if the court proceeds under section 92 in pursuance of this section. (6) If the court has already sentenced the accused for the offence (or any of the offences) concerned section 92(4) does not apply. (7) Section 94(2) does not apply, and the rules applying instead are that the court must take account of— (a) conduct occurring before the date of the original decision that the accused had not benefited from his general or particular criminal conduct; (b) property obtained before that date; (c) property obtained on or after that date if it was obtained as a result of or in connection with conduct occurring before that date. (8) In relation to the assumptions that the court must make under section 96— (a) the first and second assumptions do not apply with regard to property first held by the accused on or after the date of the original decision that the accused had not benefited from his general or particular criminal conduct; (b) the third assumption does not apply with regard to expenditure incurred by him on or after that date; (c) the fourth assumption does not apply with regard to property obtained (or assumed to have been obtained) by him on or after that date. (9) The recoverable amount for the purposes of section 92 is such amount as— (a) the court believes is just, but (b) does not exceed the amount found under section 93. (10) In arriving at the just amount the court must have regard in particular to— (a) the amount found under section 93; (b) any fine imposed on the accused in respect of the offence (or any of the offences) concerned; (c) any order which falls within section 97(3) and has been made against him in respect of the offence (or any of the offences) concerned and has not already been taken into account by a court in deciding what is the free property held by the accused for the purposes of section 95; (d) any compensation order which has been made against him in respect of the offence (or any of the offences) concerned under section 249 of the Procedure Act. (e) any restitution order which has been made against the accused in respect of the offence (or any of the offences) concerned; (f) any order under section 253F(2) of the Procedure Act requiring the accused to pay a victim surcharge in respect of the offence (or any of the offences) concerned. (11) If an order for the payment of compensation under section 249 of the Procedure Act has been made against the accused in respect of the offence or offences concerned, section 97(5) and (6) do not apply. (11A) If a restitution order or an order under section 253F(2) of the Procedure Act has been made against the accused in respect of the offence or offences concerned, section 97A(2) and (4) does not apply. (12) The date of conviction is the date found by applying section 104(10). (13) In this section references to the court are to the court which had jurisdiction in respect of the offence or offences concerned to make a confiscation order.

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106 Order made: reconsideration of benefit

(1) This section applies if— (a) a court has made a confiscation order, (b) there is evidence which was not available to the prosecutor at the relevant time, (c) the prosecutor believes that if the court were to find the amount of the accused’s benefit in pursuance of this section it would exceed the relevant amount, (d) before the end of the period of six years starting with the date of conviction the prosecutor applies to the court to consider the evidence, and (e) after considering the evidence the court thinks it is appropriate for it to proceed under this section. (2) The court must make a new calculation of the accused’s benefit from the conduct concerned, and when it does so subsections (3) to (5) below apply. (3) Section 94(2) does not apply, and the rules applying instead are that the court must take account of— (a) conduct occurring up to the time it decided the accused’s benefit for the purposes of the confiscation order; (b) property obtained up to that time; (c) property obtained after that time if it was obtained as a result of or in connection with conduct occurring before that time. (4) In applying section 94(3) the confiscation order must be ignored. (5) In relation to the assumptions that the court must make under section 96— (a) the first and second assumptions do not apply with regard to property first held by the accused after the time the court decided his benefit for the purposes of the confiscation order; (b) the third assumption does not apply with regard to expenditure incurred by him after that time; (c) the fourth assumption does not apply with regard to property obtained (or assumed to have been obtained) by him after that time. (6) If the amount found under the new calculation of the accused’s benefit exceeds the relevant amount the court— (a) must make a new calculation of the recoverable amount for the purposes of section 92, and (b) if it exceeds the amount required to be paid under the confiscation order, may vary the order by substituting for the amount required to be paid such amount as it believes just. (7) In applying subsection (6)(a) the court must— (a) take the new calculation of the accused’s benefit; (b) apply section 95 as if references to the time the confiscation order is made were to the time of the new calculation of the recoverable amount and as if references to the date of the confiscation order were to the date of that new calculation. (8) In applying subsection (6)(b) the court must have regard in particular to— (a) any fine imposed on the accused for the offence (or any of the offences) concerned; (b) any order which falls within section 97(3) and has been made against him in respect of the offence (or any of the offences) concerned and has not already been taken into account by a court in deciding what is the free property held by the accused for the purposes of section 95; (c) any order which has been made against him in respect of the offence (or any of the offences) concerned under section 249 of the Procedure Act. (d) any restitution order which has been made against the accused in respect of the offence (or any of the offences) concerned; (e) any order under section 253F(2) of the Procedure Act requiring the accused to pay a victim surcharge in respect of the offence (or any of the offences) concerned. (9) But in applying subsection (6)(b) the court— (a) must not have regard to an order falling within subsection (8)(c) if a court has made a direction under section 97(6); (b) must not have regard to an order falling within subsection (8)(d) or (e) if a court has made a direction under section 97A(2) or (4). (10) In deciding under this section whether one amount exceeds another the court must take account of any change in the value of money. (11) The relevant time is— (a) when the court calculated the accused’s benefit for the purposes of the confiscation order, if this section has not applied previously; (b) when the court last calculated the accused’s benefit in pursuance of this section, if this section has applied previously. (12) The relevant amount is— (a) the amount found as the accused’s benefit for the purposes of the confiscation order, if this section has not applied previously; (b) the amount last found as the accused’s benefit in pursuance of this section, if this section has applied previously. (13) The date of conviction is the date found by applying section 104(10).

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107 Order made: reconsideration of available amount

(1) This section applies if— (a) a court has made a confiscation order, (b) the amount required to be paid was the amount found under section 93(2), and (c) the prosecutor applies to the court to make a new calculation of the available amount. (2) In a case where this section applies the court must make the new calculation, and in doing so it must apply section 95 as if references to the time the confiscation order is made were to the time of the new calculation and as if references to the date of the confiscation order were to the date of the new calculation. (3) If the amount found under the new calculation exceeds the relevant amount the court may vary the order by substituting for the amount required to be paid such amount as— (a) it thinks is just, but (b) does not exceed the amount found as the accused’s benefit from the conduct concerned. (4) In arriving at the just amount the court must have regard in particular to— (a) any fine imposed on the accused for the offence (or any of the offences) concerned; (b) any order which falls within section 97(3) and has been made against him in respect of the offence (or any of the offences) concerned and has not already been taken into account by a court in deciding what is the free property held by the accused for the purposes of section 95; (c) any order which has been made against him in respect of the offence (or any of the offences) concerned under section 249 of the Procedure Act. (d) any restitution order which has been made against the accused in respect of the offence (or any of the offences) concerned; (e) any order under section 253F(2) of the Procedure Act requiring the accused to pay a victim surcharge in respect of the offence (or any of the offences) concerned. (5) But in deciding what is just the court— (a) must not have regard to an order falling within subsection (4)(c) if a court has made a direction under section 97(6); (b) must not have regard to an order falling within subsection (4)(d) or (e) if a court has made a direction under section 97A(2) or (4). (6) In deciding under this section whether one amount exceeds another the court must take account of any change in the value of money. (7) The relevant amount is— (a) the amount found as the available amount for the purposes of the confiscation order, if this section has not applied previously; (b) the amount last found as the available amount in pursuance of this section, if this section has applied previously. (8) The amount found as the accused’s benefit from the conduct concerned is— (a) the amount so found when the confiscation order was made, or (b) if one or more new calculations of the accused’s benefit have been made under section 106 the amount found on the occasion of the last such calculation.

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108 Inadequacy of available amount: variation of order

(1) This section applies if— (a) a court has made a confiscation order, and (b) the accused or the prosecutor applies to the court to vary the order under this section. (2) In such a case the court must calculate the available amount and in doing so it must apply section 95 as if references to the time the confiscation order is made were to the time of the calculation and as if references to the date of the confiscation order were to the date of the calculation. (3) If the court finds that the available amount (as so calculated) is inadequate to meet the amount remaining to be paid it may vary the order by substituting for the amount required to be paid such smaller amount as the court believes is just. (4) If a person’s estate has been sequestrated or he has been made bankrupt, or if an order for the winding up of a company has been made, the court must take into account the extent to which realisable property held by him or by the company may be distributed among creditors. (5) The court may disregard any inadequacy which it thinks is attributable (wholly or partly) to anything done by the accused for the purpose of preserving property held by the recipient of a tainted gift from any risk of realisation under this Part. (6) In subsection (4) “company” means any company which may be wound up under the Insolvency Act 1986 (c. 45) or the Insolvency (Northern Ireland) Order 1989 (S.I. 1989/2405 (N.I. 19)).

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109 Inadequacy of available amount: discharge of order

(1) This section applies if— (a) a court has made a confiscation order, (b) the prosecutor applies to the court to discharge the order under this section, and (c) the amount remaining to be paid under the order is less than £1,000. (2) In such a case the court must calculate the available amount, and in doing so it must apply section 95 as if references to the time the confiscation order is made were to the time of the calculation and as if references to the date of the confiscation order were to the date of the calculation. (3) If the court— (a) finds that the available amount (as so calculated) is inadequate to meet the amount remaining to be paid, and (b) is satisfied that the inadequacy is due wholly to a specified reason or a combination of specified reasons, it may discharge the confiscation order. (4) The specified reasons are— (a) in a case where any of the realisable property consists of money in a currency other than sterling, that fluctuations in currency exchange rates have occurred; (b) any reason specified by the Scottish Ministers. (5) The Scottish Ministers may by order vary the amount for the time being specified in subsection (1)(c). (6) The discharge of a confiscation order under this section does not prevent the making of an application in respect of the order under section 106(1)(d) or 107(1)(c). (7) Where on such an application the court determines that the order should be varied under section 106(6) or (as the case may be) 107(3), the court may provide that its discharge under this section is revoked.

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110 Information

(1) This section applies if— (a) the court proceeds under section 92 in pursuance of section 104 or 105, or (b) the prosecutor applies under section 106. (2) In such a case— (a) the prosecutor must give the court a statement of information within such period as the court may specify; (b) section 101 applies accordingly (with appropriate modifications where the prosecutor applies under section 106); (c) sections 102 and 103 apply accordingly.

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111 Conviction or other disposal of accused

(1) This section applies if an accused is unlawfully at large and, either before or after he became unlawfully at large — (a) he is convicted of an offence or offences, whether in solemn or summary proceedings, or (b) in the case of summary proceedings in respect of an offence (without proceeding to conviction) an order is made discharging him absolutely. (2) If this section applies the court may, on the application of the prosecutor and if it believes it is appropriate for it to do so, proceed under section 92 in the same way as it must proceed if the conditions there mentioned are satisfied; but this is subject to subsection (3). (3) If the court proceeds under section 92 as applied by this section, this Part has effect with these modifications— (a) any person the court believes is likely to be affected by an order under section 92 is entitled to appear before the court and make representations; (b) the court must not make an order under section 92 unless the prosecutor has taken reasonable steps to contact the accused; (c) section 92(12) applies as if the reference to subsection (2) were to subsection (1) of this section; (d) sections 96, 101(3), 102 and 103 do not apply; (e) sections 104, 105 and 106 do not apply while the accused is still unlawfully at large. (4) Once the accused has ceased to be unlawfully at large— (a) section 104 has effect as if subsection (1) read— (1) This section applies if— (a) in a case where section 111 applies the court did not proceed under section 92, (b) before the end of the period of six years starting with the day when the accused ceased to be unlawfully at large, the prosecutor applies to the court to proceed under section 92, and (c) the court thinks it is appropriate for it to do so. ; (b) section 105 has effect as if subsection (3) read— (3) The second condition is that— (a) before the end of the period of six years starting with the day when the accused ceased to be unlawfully at large, the prosecutor applies to the court to reconsider whether the accused has benefited from his general or particular criminal conduct (as the case may be), and (b) the court thinks it is appropriate for it to do so. ; (c) section 106 has effect as if subsection (1) read— (1) This section applies if— (a) a court has made a confiscation order, (b) the prosecutor believes that if the court were to find the amount of the accused's benefit in pursuance of this section it would exceed the relevant amount, (c) before the end of the period of six years starting with the day when the accused ceased to be unlawfully at large, the prosecutor applies to the court to proceed under this section, and (d) the court thinks it is appropriate for it to do so. ; (d) the modifications set out in subsection (3)(a) to (d) of this section do not apply to proceedings that take place by virtue of section 104, 105 or 106 (as applied by this subsection).

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112 Accused neither convicted nor acquitted

(1) This section applies if— (a) proceedings for an offence or offences are instituted against an accused but are not concluded, (b) he is unlawfully at large, and (c) the period of three months (starting with the day the court believes he first became unlawfully at large) has ended. (2) If this section applies the court may, on an application by the prosecutor and if it believes it is appropriate for it to do so, proceed under section 92 in the same way as it must proceed if the conditions there mentioned are satisfied; but this is subject to subsection (3). (3) If the court proceeds under section 92 as applied by this section, this Part has effect with these modifications— (a) any person the court believes is likely to be affected by an order under section 92 is entitled to appear before the court and make representations; (b) the court must not make an order under section 92 unless the prosecutor has taken reasonable steps to contact the accused; (c) section 92(12) applies as if the reference to subsection (2) were to subsection (1) of this section; (d) sections 96, 101(3), 102, 103, 104 and 105 do not apply; (e) section 106 does not apply while the accused is still unlawfully at large. (4) Once the accused has ceased to be unlawfully at large— (a) section 106 has effect as if subsection (1) read— (1) This section applies if— (a) a court has made a confiscation order, (b) the prosecutor believes that if the court were to find the amount of the accused's benefit in pursuance of this section it would exceed the relevant amount, (c) before the end of the period of six years starting with the day when the accused ceased to be unlawfully at large, the prosecutor applies to the court to proceed under this section, and (d) the court thinks it is appropriate for it to do so. ; (b) the modifications set out in subsection (3)(a) to (d) of this section do not apply to proceedings that take place by virtue of section 106 (as applied by this subsection). (5) If— (a) the court makes an order under section 92 as applied by this section, and (b) the accused is later convicted of the offence (or any of the offences) concerned, section 92 does not apply so far as that conviction is concerned.

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113 Variation of order

(1) This section applies if— (a) the court makes a confiscation order under section 92 as applied by section 112, (b) the accused ceases to be unlawfully at large, (c) he is convicted of an offence (or any of the offences) mentioned in section 112(1)(a), (d) he believes that the amount required to be paid was too large (taking the circumstances prevailing when the amount was found for the purposes of the order), and (e) before the end of the relevant period he applies to the court to consider the evidence on which his belief is based. (2) If (after considering the evidence) the court concludes that the accused’s belief is well founded— (a) it must find the amount which should have been the amount required to be paid (taking the circumstances prevailing when the amount was found for the purposes of the order), and (b) it may vary the order by substituting for the amount required to be paid such amount as it believes is just. (3) The relevant period is the period of 28 days starting with— (a) the date on which the accused was convicted of the offence mentioned in section 112(1)(a), or (b) if there are two or more offences and the convictions were on different dates, the date of the latest. (4) But in a case where section 112(1)(a) applies to more than one offence the court must not make an order under this section unless it is satisfied that there is no possibility of any further proceedings being taken or continued in relation to any such offence in respect of which the accused has not been convicted.

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114 Discharge of order

(1) Subsection (2) applies if— (a) the court makes a confiscation order under section 92 as applied by section 112, (b) the accused is later tried for the offence or offences concerned and acquitted of the offence or offences, and (c) he applies to the court to discharge the order. (2) In such a case the court must discharge the order. (3) Subsection (4) applies if— (a) the court makes a confiscation order under section 92 as applied by section 112, (b) the accused ceases to be unlawfully at large, (c) subsection (1)(b) does not apply, and (d) he applies to the court to discharge the order. (4) In such a case the court may discharge the order if it finds that— (a) there has been undue delay in continuing the proceedings mentioned in section 112(1), or (b) the prosecutor does not intend to proceed with the prosecution. (5) If the court discharges a confiscation order under this section it may make such a consequential or incidental order as it thinks is appropriate.

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115 Appeal by prosecutor

(1) Section 108 of the Procedure Act (Lord Advocate’s right of appeal in solemn proceedings) is amended as provided in subsections (2) to (4). (2) In subsection (1), after paragraph (c) insert— (ca) a decision under section 92 of the Proceeds of Crime Act 2002 not to make a confiscation order;. (3) In subsection (2)(b)(ii), for the words “or (c)” substitute “ , (c) or (ca) ”. (4) After subsection (2) insert— (3) For the purposes of subsection (2)(b)(i) above in its application to a confiscation order by virtue of section 92(11) of the Proceeds of Crime Act 2002, the reference to the disposal being unduly lenient is a reference to the amount required to be paid by the order being unduly low. (5) Section 175 of the Procedure Act (right of appeal in summary proceedings) is amended as provided in subsections (6) to (8). (6) In subsection (4), after paragraph (c) insert— (ca) a decision under section 92 of the Proceeds of Crime Act 2002 not to make a confiscation order;. (7) In subsection (4A)(b)(ii), for the words “or (c)” substitute “ , (c) or (ca) ”. (8) After subsection (4A) insert— (4B) For the purposes of subsection (4A)(b)(i) above in its application to a confiscation order by virtue of section 92(11) of the Proceeds of Crime Act 2002, the reference to the disposal being unduly lenient is a reference to the amount required to be paid by the order being unduly low.

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116 Time for payment

(1) The amount ordered to be paid under a confiscation order must be paid on the making of the order; but this is subject to the following provisions of this section. (2) If the accused shows that he needs time to pay the amount ordered to be paid, the court making the confiscation order may make an order allowing payment to be made in a specified period. (3) The specified period— (a) must start with the day on which the confiscation order is made, and (b) must not exceed six months. (4) If within the specified period the accused applies to the sheriff court for the period to be extended and the court, after giving the prosecutor an opportunity of being heard, believes there are exceptional circumstances, it may make an order extending the period. (5) The extended period— (a) must start with the day on which the confiscation order is made, and (b) must not exceed 12 months. (6) An order under subsection (4)— (a) may be made after the end of the specified period, but (b) must not be made after the end of the period of twelve months starting with the day on which the confiscation order is made. (7) The court must not make an order under subsection (2) or (4) unless it gives the prosecutor an opportunity to make representations.

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116A Further time for payment due to coronavirus

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117 Interest on unpaid sums

(1) If the amount required to be paid by a person under a confiscation order is not paid when it is required to be paid (whether when the order is made or within a period specified under section 116), he must pay interest on the amount for the period for which it remains unpaid. (2) The rate of interest is the rate payable under a decree of the Court of Session. (3) For the purposes of this section no amount is required to be paid under a confiscation order if— (a) an application has been made under section 116(4), (b) the application has not been determined by the court, and (c) the period of 12 months starting with the day on which the confiscation order was made has not ended. (4) In applying this Part the amount of the interest must be treated as part of the amount to be paid under the confiscation order.

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118 Application of provisions about fine enforcement

(1) The provisions of the Procedure Act specified in subsection (2) apply, with the qualifications mentioned in that subsection, in relation to a confiscation order as if the amount ordered to be paid were a fine imposed on the accused by the court making the confiscation order. (2) Those provisions are— (a) section 211(3) to (6); (b) section 214(4) to (6), but as if the references in subsection (4) to payment by instalments were omitted; (c) section 216, but as if subsection (1)— (i) gave the prosecutor an opportunity to be heard at any enquiry under that subsection; and (ii) applied whether the offender was in prison or not; (d) section 217; (e) section 218(2) and (3); (f) section 219, provided that— (i) where a court imposes a period of imprisonment in respect of both a fine and a confiscation order the amounts in respect of which the period is imposed must, for the purposes of subsection (2), be aggregated; (ii) before imposing a period of imprisonment by virtue of that section the court must require a report from any administrator appointed in relation to the confiscation order as to whether and how he is likely to exercise his powers and duties under this Part and must take that report into account; and the court may, pending such exercise, postpone any decision as to such imposition; and (iii) where an administrator has not been appointed in relation to the confiscation order, or where the accused does not ask under section 116 for time for payment of any confiscation order imposed by the court, the prosecutor may apply to the court to postpone the imposition of any period of imprisonment for a period not exceeding 3 months to enable the prosecutor to apply to the court for the appointment of an administrator; (g) section 220, but as if the reference in subsection (1) to payment of a sum by the person included a reference to payment of the sum in respect of the person by an administrator appointed in relation to the confiscation order; (h) section 221 (other than subsection (3) and as if the words “Subject to subsection (3) below,” were omitted); but that section does not apply where an administrator is appointed in relation to the confiscation order; (i) section 222, except that for the purposes of that section “confiscation order” in subsection (1) above must be construed as including such an order within the meaning of the Drug Trafficking Act 1994 (c. 37), the Criminal Justice (Confiscation) (Northern Ireland) Order 1990 (S.I. 1990/2588 (N.I. 17)), the Proceeds of Crime (Northern Ireland) Order 1996 (S.I. 1996/1299 (N.I. 9)) or of Part 2 or 4 of this Act; (j) section 223; (k) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (2A) In its application in relation to confiscation orders, subsection (2) of section 219 of the Procedure Act is to be read as if for the Table in that subsection there were substituted the following Table— Amount to be Paid under Compensation Order | Maximum Period of Imprisonment £10,000 or less | 6 months More than £10,000 but no more than £500,000 | 5 years More than £500,000 but no more than £1 million | 7 years More than £1 million | 14 years (2B) The Scottish Ministers may by order— (a) amend section 219(2) of the Procedure Act (as applied by this section) so as to provide for minimum periods of imprisonment in respect of amounts ordered to be paid under a confiscation order; (b) amend the Table in subsection (2A) so as to remove, alter or replace any entry (including an entry inserted by virtue of paragraph (a) of this subsection) or to add any entry; (c) apply (with or without modifications) any provision of the Procedure Act relating to enforcement of fines in consequence of exercising the power in paragraph (a) or (b) (including modifying any such provision in its application in relation to confiscation orders by virtue of this section). (2C) In its application in relation to a confiscation order under Part 2 of this Act, subsection (8) of section 222 of the Procedure Act is to be read as if, in relation to a transfer of fine order under section 90 of the Magistrates' Courts Act 1980, for “129 of the Sentencing Code” there were substituted “ 35(2A) of the Proceeds of Crime Act 2002 ”. (2D) In its application in relation to a confiscation order under Part 4 of this Act, subsection (8) of section 222 of the Procedure Act is to be read as if— (a) before the words “section 90” there were inserted “section 35 of the Criminal Justice Act (Northern Ireland) 1945,”; (b) in relation to a transfer of fine order under section 35 of that Act, for “129 of the Sentencing Code” there were substituted “ 185(2A) of the Proceeds of Crime Act 2002 ”. (3) Where a court, by virtue of subsection (1), orders the amount ordered to be paid under a confiscation order to be recovered by civil diligence under section 221 of the Procedure Act, any arrestment executed by a prosecutor under subsection (3) of section 124 of this Act is to be treated as having been executed by the court as if that subsection authorised such execution. (4) Subsection (5) applies where— (a) a warrant for apprehension of the accused is issued for a default in payment of the amount ordered to be paid under a confiscation order in respect of an offence or offences, and (b) at the time the warrant is issued the accused is liable to serve a period of imprisonment or detention (other than one of life imprisonment or detention for life) in respect of the offence (or any of the offences). (5) In such a case any period of imprisonment or detention to which the accused is liable by virtue of section 219 of the Procedure Act runs from the expiry of the period of imprisonment or detention mentioned in subsection (4)(b).

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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.

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120 Restraint orders etc

(1) If any condition set out in section 119 is satisfied the court may make an order (a restraint order) interdicting any specified person from dealing with any realisable property held by him. (2) A restraint order may provide that it applies— (a) to all realisable property held by the specified person whether or not the property is described in the order; (b) to realisable property transferred to the specified person after the order is made. (3) A restraint order may be made subject to exceptions, and an exception may in particular— (a) make provision for reasonable living expenses and reasonable legal expenses; (b) make provision for the purpose of enabling any person to carry on any trade, business, profession or occupation; (c) be made subject to conditions. (4) But an exception to a restraint order may not make provision for any legal expenses which— (a) relate to an offence which falls within subsection (5), and (b) are incurred by a person against whom proceedings for the offence have been instituted or by a recipient of a tainted gift. (5) These offences fall within this subsection— (a) the offence mentioned in section 119(2) or (3), if the first or second condition (as the case may be) is satisfied; (b) the offence (or any of the offences) concerned, if the third, fourth or fifth condition is satisfied. (6) The court may make such order as it believes is appropriate for the purpose of ensuring that the restraint order is effective. (6A) Subsections (6B) and (6C) apply where the court makes a restraint order (by virtue of the first condition in section 119) as a result of a criminal investigation having been instituted in Scotland with regard to an offence. (6B) The court— (a) must include in the order a requirement for the applicant for the order to report to the court on the progress of the investigation at such times and in such manner as the order may specify (a “reporting requirement”), and (b) must recall the order if proceedings for the offence are not instituted within a reasonable time (and this duty applies whether or not an application to recall the order is made under section 121(5)). (6C) The duty under subsection (6B)(a) does not apply if the court decides that, in the circumstances of the case, a reporting requirement should not be imposed, but the court— (a) must give reasons for its decision, and (b) may at any time vary the order so as to include a reporting requirement (and this power applies whether or not an application to vary the order is made under section 121(5)). (7) A restraint order does not affect property subject to a charge under— (a) section 9 of the Drug Trafficking Offences Act 1986 (c. 32), (b) Part 6 of the Criminal Justice Act 1988 (c. 33), (c) Article 14 of the Criminal Justice (Confiscation) (Northern Ireland) Order 1990 (S.I. 1990/2588 (N.I. 17)), (d) section 27 of the Drug Trafficking Act 1994 (c. 37), or (e) Article 32 of the Proceeds of Crime (Northern Ireland) Order 1996 (S.I. 1996/1299 (N.I. 9)). (8) Dealing with property includes removing the property from Scotland.

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120A Restraint orders: power to retain seized property etc.

(1) A restraint order may include provision authorising the detention of any property to which it applies if the property— (a) is seized by an appropriate officer under a relevant seizure power, or (b) is produced to an appropriate officer in compliance with a production order under section 380. (2) Provision under subsection (1) may, in particular— (a) relate to specified property, to property of a specified description or to all property to which the restraint order applies; (b) relate to property that has already been seized or produced or to property that may be seized or produced in future. (3) “Appropriate officer” means— (a) a constable; (b) an officer of Revenue and Customs; (ba) an immigration officer; (c) a National Crime Agency officer; (4) “Relevant seizure power” means a power to seize property conferred by or by virtue of— (a) section 127C or 387, (b) a warrant granted under any other enactment or any rule of law, or (c) any other enactment, or any rule of law, under which the authority of a warrant is not required.

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121 Application, recall and variation

(1) This section applies to a restraint order. (2) An order may be made on an ex parte application by the prosecutor, which may be heard in chambers. (3) The prosecutor must intimate an order to every person affected by it. (4) Subsection (3) does not affect the time when the order becomes effective. (5) The prosecutor and any other person affected by the order may apply to the court to recall an order or to vary it; and subsections (6) to (10) apply in such a case. (6) If an application under subsection (5) in relation to an order has been made but not determined, realisable property to which the order applies must not be realised. (7) The court may— (a) recall the order; (b) vary the order. (8) In the case of a restraint order, if the condition in section 119 which was satisfied was that proceedings were instituted or an application was made, the court must recall the order on the conclusion of the proceedings or of the application (as the case may be). (8A) The duty in subsection (8) to recall a restraint order on the conclusion of proceedings does not apply where— (a) the proceedings are concluded by reason of— (i) an accused's conviction for an offence being quashed under section 118(1)(c) of the Procedure Act, or (ii) the setting aside of the verdict against the accused under section 183(1)(d) of the Procedure Act, (b) the restraint order is in force at the time when the conviction is quashed or the verdict set aside (as the case may be), and (c) the High Court of Justiciary has granted authority under section 118(1)(c) or 183(1)(d) of the Procedure Act to bring a new prosecution or the prosecutor has requested that the court grant such authority. (8B) But the court must recall the restraint order— (a) if the High Court of Justiciary refuses a request to grant authority under section 118(1)(c) or 183(1)(d) of the Procedure Act to bring a new prosecution, (b) if the High Court of Justiciary has granted authority under section 118(1)(c) or 183(1)(d) of the Procedure Act to bring a new prosecution but no proceedings are commenced by the expiry of the time mentioned in section 119(5) or 185(5) of that Act (as the case may be), or (c) otherwise, on the conclusion of the proceedings in the new prosecution of the accused under section 119 or 185 of the Procedure Act. (9) In the case of a restraint order, if the condition in section 119 which was satisfied was that an investigation was instituted— (a) the court must discharge the order if within a reasonable time proceedings for the offence are not instituted; (b) otherwise, the court must recall the order on the conclusion of the proceedings. (10) In the case of a restraint order, if the condition in section 119 which was satisfied was that an application was to be made— (a) the court must discharge the order if within a reasonable time the application is not made; (b) otherwise, the court must recall the order on the conclusion of the application.

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122 Appeals

(1) If on an application for a restraint order the court decides not to make one, the prosecutor may reclaim or appeal to the Court of Session against the decision. (2) The prosecutor and any person affected by the order may reclaim or appeal to the Court of Session against the decision of the court on an application under section 121(5).

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122A Detention of property pending appeal

(1) This section applies where— (a) a restraint order includes provision under section 120A authorising the detention of property, and (b) the restraint order is recalled under section 121(7). (2) This section also applies where— (a) a restraint order includes provision under section 120A authorising the detention of property, and (b) the restraint order is varied under section 121(7) so as to omit any such provision. (3) The property may be detained until there is no further possibility of an appeal against (or review of)— (a) the decision to recall or vary the restraint order, or (b) any decision made on an appeal against (or review of) that decision.

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123 Inhibition of property affected by order

(1) On the application of the prosecutor, the court may, in relation to the property mentioned in subsection (2), grant warrant for inhibition against any person specified in a restraint order. (2) That property is the heritable realisable property to which the restraint order applies (whether generally or such of it as is specified in the application). (3) The warrant for inhibition— (a) has effect as if granted on the dependence of an action for debt by the prosecutor against the person and may be executed, recalled, loosed or restricted accordingly, and (b) must forthwith be registered by the prosecutor in the Register of Inhibitions (4) Section 155 of the Titles to Land Consolidation (Scotland) Act 1868 (c. 101) (effective date of inhibition) applies in relation to an inhibition for which warrant is granted under subsection (1) .... (5) The execution of an inhibition under this section in respect of property does not prejudice the exercise of an administrator’s powers under or for the purposes of this Part in respect of that property. (6) An inhibition executed under this section ceases to have effect when, or in so far as, the restraint order ceases to apply in respect of the property in relation to which the warrant for inhibition was granted. (7) If an inhibition ceases to have effect to any extent by virtue of subsection (6) the prosecutor must— (a) apply for the recall or, as the case may be, the restriction of the inhibition, and (b) ensure that the recall or restriction is reflected in the Register of Inhibitions and Adjudications.

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124 Arrestment of property affected by order

(1) On the application of the prosecutor the court may, in relation to moveable realisable property to which a restraint order applies (whether generally or such of it as is specified in the application), grant warrant for arrestment. (2) Such a warrant for arrestment may be granted only if the property would be arrestable if the person entitled to it were a debtor. (3) A warrant under subsection (1) has effect as if granted on the dependence of an action for debt at the instance of the prosecutor against the person and may be executed, recalled, loosed or restricted accordingly. (4) The execution of an arrestment under this section in respect of property does not prejudice the exercise of an administrator’s powers under or for the purposes of this Part in respect of that property. (5) An arrestment executed under this section ceases to have effect when, or in so far as, the restraint order ceases to apply in respect of the property in relation to which the warrant for arrestment was granted. (6) If an arrestment ceases to have effect to any extent by virtue of subsection (5) the prosecutor must apply to the court for an order recalling, or as the case may be, restricting the arrestment.

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125 Management administrators

(1) If the court makes a restraint order it may at any time, on the application of the prosecutor— (a) appoint an administrator to take possession of any realisable property to which the order applies and (in accordance with the court’s directions) to manage or otherwise deal with the property; (b) order a person who has possession of property in respect of which an administrator is appointed to give him possession of it. (2) An appointment of an administrator may be made subject to conditions or exceptions. (3) Where the court makes an order under subsection (1)(b), the clerk of court must notify the accused and any person subject to the order of the making of the order. (4) Any dealing of the accused or any such person in relation to property to which the order applies is of no effect in a question with the administrator unless the accused or, as the case may be, that person had no knowledge of the administrator’s appointment. (5) The court— (a) may order a person holding an interest in realisable property to which the restraint order applies to make to the administrator such payment as the court specifies in respect of a beneficial interest held by the accused or the recipient of a tainted gift; (b) may (on the payment being made) by order transfer, grant or extinguish any interest in the property. (6) The court must not— (a) confer the power mentioned in subsection (1) to manage or otherwise deal with the property, or (b) exercise the power conferred on it by subsection (5), unless it gives persons holding interests in the property a reasonable opportunity to make representations to it. (7) The court may order that a power conferred by an order under this section is subject to such conditions and exceptions as it specifies. (8) Managing or otherwise dealing with property includes— (a) selling the property or any part of it or interest in it; (b) carrying on or arranging for another person to carry on any trade or business the assets of which are or are part of the property; (c) incurring capital expenditure in respect of the property. (9) Subsections (1)(b) and (5) do not apply to property for the time being subject to a charge under— (a) section (9) of the Drug Trafficking Offences Act 1986 (c. 32); (b) section 78 of the Criminal Justice Act 1988 (c. 33); (c) Article 14 of the Criminal Justice (Confiscation) (Northern Ireland) Order 1990 (S.I. 1990/2588 (N.I. 17)); (d) section 27 of the Drug Trafficking Act 1994 (c. 37); (e) Article 32 of the Proceeds of Crime (Northern Ireland) Order 1996 (S.I. 1996/1299 (N.I. 9)).

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126 Seizure

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127 Restraint orders: restriction on proceedings and remedies

(1) While a restraint order has effect, the court may sist any action, execution or any legal process in respect of the property to which the order applies. (2) If a court (whether the Court of Session or any other court) in which proceedings are pending in respect of any property is satisfied that a restraint order has been made or applied for or made in respect of the property, the court may either sist the proceedings or allow them to continue on any terms it thinks fit. (3) Before exercising any power conferred by subsection (2), the court must give an opportunity to be heard to— (a) the applicant for the restraint order; (b) any administrator appointed under section 125.

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127A Sections 127B to 127R: meaning of “appropriate officer”

In sections 127B to 127R “appropriate officer” means— (a) an officer of Revenue and Customs, or (aa) an immigration officer, or (b) a constable.

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127B Conditions for exercise of powers

(1) An appropriate officer may exercise the power conferred by section 127C if satisfied that any of the following conditions is met. (2) The first condition is that— (a) a criminal investigation has been started in Scotland with regard to an indictable offence, (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (c) proceedings for the offence have not yet been started against the person in Scotland, (d) there are reasonable grounds to suspect that the person has benefited from conduct constituting the offence, and (e) a restraint order is not in force in respect of any realisable property. (3) The second condition is that— (a) a criminal investigation has been started in Scotland with regard to an indictable offence, (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (c) proceedings for the offence have not yet been started against the person in Scotland, and (d) a restraint order is in force in respect of any realisable property. (4) The third condition is that— (a) proceedings for an indictable offence have been started in Scotland and have not been concluded, (b) there is reasonable cause to believe that the accused has benefited from conduct constituting the offence, and (c) a restraint order is not in force in respect of any realisable property. (5) The fourth condition is that— (a) proceedings for an indictable offence have been started in Scotland and have not been concluded, and (b) a restraint order is in force in respect of any realisable property. (6) The fifth condition is that— (a) an application by the prosecutor has been made under section 104, 105, 111 or 112 and not concluded, or the officer believes that such an application is to be made, and (b) there is reasonable cause to believe that the accused has benefited from criminal conduct. (7) The sixth condition is that— (a) an application by the prosecutor has been made under section 106 and not concluded, or the officer 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). (8) The seventh condition is that— (a) an application by the prosecutor has been made under section 107 and not concluded, or the officer 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). (9) The third or fourth condition is not met if the officer believes that— (a) there has been undue delay in continuing the proceedings, or (b) the prosecutor does not intend to proceed. (10) If an application mentioned in the fifth, sixth or seventh condition has been made the condition is not met if the officer believes that— (a) there has been undue delay in continuing the application, or (b) the prosecutor does not intend to proceed. (11) In relation to the first or second condition references in sections 127C to 127R to the accused are to the person mentioned in that condition. (12) In relation to the first or second condition section 144(8) has effect as if proceedings for the offence had been started against the accused when the investigation was started.

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127C Power to seize property

(1) On being satisfied as mentioned in section 127B(1) an appropriate officer may seize any realisable property if the officer has reasonable grounds for suspecting that— (a) the property may otherwise be made unavailable for satisfying any confiscation order that has been or may be made against the accused, or (b) the value of the property may otherwise be diminished as a result of conduct by the accused or any other person. (2) But the officer may not under subsection (1) seize— (a) cash, or (b) exempt property. (3) “Cash” has the same meaning as in section 289. (4) “Exempt property” means— (a) such tools, books, vehicles and other items of equipment as are necessary to the accused for use personally in the accused's employment, business or vocation; (b) such clothing, bedding, furniture, household equipment, provisions or other things as are necessary for satisfying the basic domestic needs of the accused and the accused's family. (5) In relation to realisable property which is free property held by the recipient of a tainted gift, references in subsection (4) to the accused are to be read as references to the recipient of that gift. Section 127B(11) is subject to this subsection. (5A) On being satisfied as mentioned in section 127B(1) an appropriate officer may seize any free property if the officer has reasonable grounds for suspecting that it is a cryptoasset-related item. (5B) A “cryptoasset-related item” is an item of property that is, or that contains or gives access to information that is, likely to assist in the seizure under subsection (1) of any cryptoasset. (5C) The circumstances in which a cryptoasset is “seized” for the purposes of subsection (1) include circumstances in which it is transferred into a crypto wallet controlled by the appropriate officer. (5D) If an appropriate officer is lawfully on any premises, the officer may, for the purpose of— (a) determining whether any property is a cryptoasset-related item, or (b) enabling or facilitating the seizure under subsection (1) of any cryptoasset, require any information which is stored in any electronic form and accessible from the premises to be produced in a form in which it can be taken away and in which it is visible and legible, or from which it can readily be produced in a visible and legible form. (5E) But subsection (5D) does not authorise an appropriate officer to require a person to produce any items subject to legal privilege (as defined in section 412). (5F) Where an appropriate officer has seized a cryptoasset-related item under subsection (5A), they may use any information obtained from it for the purpose of— (a) identifying or gaining access to a crypto wallet, and (b) by doing so, enabling or facilitating the seizure under subsection (1) of any cryptoassets. (6) The power conferred by this section— (a) may be exercised only with the appropriate approval under section 127G unless, in the circumstances, it is not practicable to obtain that approval before exercising the power, and (aa) where applicable, in accordance with subsection (6A) or (6B). (6A) The power conferred by this section is exercisable by an officer of Revenue and Customs only if the officer has reasonable grounds for suspecting that conduct constituting the relevant offence relates to an assigned matter (within the meaning of the Customs and Excise Management Act 1979). (6B) The power conferred by this section is exercisable by an immigration officer only if the officer has reasonable grounds for suspecting that conduct constituting the relevant offence— (a) relates to the entitlement of one or more persons who are not nationals of the United Kingdom to enter, transit across, or be in, the United Kingdom (including conduct which relates to conditions or other controls on any such entitlement), or (b) is undertaken for the purposes of, or otherwise in relation to, a relevant nationality enactment. (7) “Relevant offence” means— (a) in a case where the officer is satisfied that the first, second, third or fourth condition in section 127B is met, the offence mentioned in that condition, (b) in a case where the officer is satisfied that any of the other conditions in section 127B is met, the offence (or any of the offences) concerned. (8) Relevant nationality enactment” means any enactment in— (a) the British Nationality Act 1981, (b) the Hong Kong Act 1985, (c) the Hong Kong (War Wives and Widows) Act 1996, (d) the British Nationality (Hong Kong) Act 1997, (e) the British Overseas Territories Act 2002, or (f) an instrument made under any of those Acts.

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127D Search power: premises

(1) If an appropriate officer is lawfully on any premises the officer may search the premises for the purpose of finding any property which— (a) the officer has reasonable grounds for suspecting may be found there, and (b) if found there, the officer intends to seize under section 127C. (2) The power conferred by this section may be exercised only with the appropriate approval under section 127G unless, in the circumstances, it is not practicable to obtain that approval before exercising the power. (3) “Premises” has the meaning given by section 23 of the Police and Criminal Evidence Act 1984.

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127E Search power: people

(1) An appropriate officer may exercise the following powers if the officer has reasonable grounds for suspecting that a person is carrying property that may be seized under section 127C. (2) The officer may, so far as the officer thinks it necessary or expedient for the purpose of seizing the property under that section, require the person— (a) to permit a search of any article with the person, (b) to permit a search of the person. (3) An officer exercising a power under subsection (2) may detain the person for so long as is necessary for its exercise. (4) A power conferred by this section may be exercised only with the appropriate approval under section 127G unless, in the circumstances, it is not practicable to obtain that approval before exercising the power. (5) This section does not require a person to submit to an intimate search or strip search (within the meaning of section 164 of the Customs and Excise Management Act 1979).

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127F Search power: vehicles

(1) The powers specified in subsection (4) are exercisable if— (a) an appropriate officer has reasonable grounds for suspecting that a vehicle contains property that may be seized under section 127C, and (b) it appears to the officer that the vehicle is under the control of a person who is in or in the vicinity of the vehicle. (2) The powers are exercisable only if the vehicle is— (a) in any place to which, at the time of the proposed exercise of the powers, the public or any section of the public has access, on payment or otherwise, as of right or by virtue of express or implied permission, or (b) in any other place to which at that time people have ready access but which is not a dwelling. (3) But if the vehicle is in a garden or yard or other land occupied with and used for the purposes of a dwelling, the officer may exercise the powers under subsection (4) only if the officer has reasonable grounds for believing— (a) that the person does not reside in the dwelling, and (b) that the vehicle is not in the place in question with the express or implied permission of another who resides in the dwelling. (4) The officer may, so far as the officer thinks it necessary or expedient for the purpose of seizing the property under section 127C, require the person to— (a) permit entry to the vehicle, (b) permit a search of the vehicle. (5) An officer exercising a power under subsection (4) may detain the vehicle for so long as is necessary for its exercise. (6) A power conferred by this section may be exercised only with the appropriate approval under section 127G unless, in the circumstances, it is not practicable to obtain that approval before exercising the power.

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127G “Appropriate approval”

(1) This section has effect for the purposes of sections 127C, 127D, 127E and 127F. (2) The appropriate approval, in relation to the exercise of a power by an appropriate officer, means the approval of the sheriff or (if that is not practicable in any case) the approval of a senior officer. (3) A senior officer means— (a) in relation to the exercise of a power by an officer of Revenue and Customs, an officer of Revenue and Customs of a rank designated by the Commissioners for Her Majesty's Revenue and Customs as equivalent to that of a senior police officer, (aa) in relation to the exercise of a power by an immigration officer, an immigration officer of a rank designated by the Secretary of State as equivalent to that of a senior police officer, (ab) in relation to the exercise of a power by a National Crime Agency officer, the Director General of the National Crime Agency or any other National Crime Agency officer authorised by the Director General (whether generally or specifically) for this purpose, (b) in relation to the exercise of a power by a constable, a senior police officer. (4) A senior police officer means a police officer of at least the rank of inspector.

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127H Exercise of powers without judicial approval

(1) An appropriate officer must give a written report to the appointed person in any case where— (a) the officer seizes property under section 127C without the approval of the sheriff, and (b) any of the property seized is not detained for more than 48 hours. (2) An appropriate officer must also give a written report to the appointed person in any case where— (a) the officer exercises any of the powers conferred by sections 127D, 127E and 127F without the approval of the sheriff, and (b) no property is seized under section 127C. (3) A report under this section must give particulars of the circumstances which led the officer to believe that— (a) the powers were exercisable, and (b) it was not practicable to obtain the approval of the sheriff. (4) The appointed person means a person appointed for the purposes of this subsection by the Scottish Ministers. (5) The appointed person must not be a person employed under or for the purposes of the Scottish Administration; and the terms and conditions of appointment, including any remuneration or expenses to be paid, are to be determined by the Scottish Ministers. (6) The period of 48 hours mentioned in subsection (1)(b) is to be calculated in accordance with subsection (7). (7) In calculating a period of 48 hours in accordance with this subsection, no account is to be taken of— (a) any Saturday or Sunday, (b) Christmas Day, (c) Good Friday, (d) any day that is a bank holiday under the Banking and Financial Dealings Act 1971 in Scotland, or (e) any day prescribed under section 8(2) of the Criminal Procedure (Scotland) Act 1995 as a court holiday in a sheriff court in the sheriff court district within which the power is exercised.

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127I Report by appointed person on exercise of powers

(1) As soon as possible after the end of each financial year, the person appointed under section 127H(4) must prepare a report for that year. (2) “Financial year” means— (a) the period beginning with the day on which section 56 of the Policing and Crime Act 2009 comes into force and ending with the next 31 March (which is the first financial year), and (b) each subsequent period of twelve months beginning with 1 April. (3) The report must give the appointed person's opinion as to the circumstances and manner in which the powers conferred by sections 127C, 127D, 127E and 127F are being exercised in cases where the officer who exercised them is required to give a report under section 127H. (4) The report may make any recommendations the appointed person considers appropriate. (5) The appointed person must send a copy of the report to the Scottish Ministers. (6) The Scottish Ministers must— (a) publish any report received under subsection (5), and (b) lay a copy before the Scottish Parliament. (7) Before acting under subsection (6) the Scottish Ministers must exclude from the report any matter which the Scottish Ministers think is likely to prejudice any criminal investigation or criminal proceedings. (8) If the Scottish Ministers exclude any matter from the report they must comply with subsection (6) in relation to the whole of the report as soon as they think that the excluded matter is no longer likely to prejudice any criminal investigation or criminal proceedings.

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