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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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(1) This section applies if an appropriate officer seizes property under section 127C. (2) The property may be detained initially for a period of 48 hours. (3) The period of 48 hours is to be calculated in accordance with section 127H(7).
Propose a change(1) This section applies if— (a) property is detained under section 127J, and (b) no restraint order is in force in respect of the property. (2) If within the period mentioned in section 127J an application is made for a restraint order which includes provision under section 120A authorising detention of the property, the property may be detained until the application is determined or otherwise disposed of. (3) If such an application is made within that period and the application is refused, the property may be detained until there is no further possibility of an appeal against (or review of)— (a) the decision to refuse the application, or (b) any decision made on an appeal against (or review of) that decision. (4) In subsection (2) the reference to the period mentioned in section 127J includes that period as extended by any order under section 127M. (5) Exempt property seized under section 127C(5A) may be detained under subsections (2) and (3) only with the approval of a senior officer. (6) In subsection (5)— “exempt property” has the meaning given in section 127C(4) (reading references there to the accused as references to the person by whom the property is held); “senior officer” has the meaning given in section 127G(3) (and for this purpose, the powers under subsections (2) and (3) to detain property are to be treated as exercised by the appropriate officer who seized the property).
Propose a change(1) This section applies if— (a) property is detained under section 127J, (b) a restraint order is in force in respect of the property, and (c) the order does not include provision under section 120A authorising the detention of the property. (2) If within the period mentioned in section 127J an application is made for the order to be varied so as to include provision under section 120A authorising detention of the property, the property may be detained until the application is determined or otherwise disposed of. (3) If such an application is made within that period and the application is refused, the property may be detained until there is no further possibility of an appeal against (or review of)— (a) the decision to refuse the application, or (b) any decision made on an appeal against (or review of) that decision. (4) Exempt property seized under section 127C(5A) may be detained under subsections (2) and (3) only with the approval of a senior officer. (5) In subsection (4)— “exempt property” has the meaning given in section 127C(4) (reading references there to the accused as references to the person by whom the property is held); “senior officer” has the meaning given in section 127G(3) (and for this purpose, the powers under subsections (2) and (3) to detain property are to be treated as exercised by the appropriate officer who seized the property).
Propose a change(1) This section applies if— (a) property is detained under section 127J, (b) no restraint order is in force in respect of the property, and (c) no application has been made for a restraint order which includes provision under section 120A authorising detention of the property. (2) The sheriff may by order extend the period for which the property or any part of it may be detained under section 127J if satisfied that— (a) any of the conditions in section 127B is met (reading references in that section to the officer as references to the sheriff), (b) the property or part is realisable property other than exempt property ..., and (c) there are reasonable grounds for suspecting that— (i) the property may otherwise be made unavailable for satisfying any confiscation order that has been or may be made against the accused, or (ii) the value of the property may otherwise be diminished as a result of conduct by the accused or any other person. (2A) The sheriff may by order extend the period for which the property may be detained under section 127J if satisfied that— (a) any of the conditions in section 127B is met (reading references in that section to the officer as references to the sheriff), (b) the property is free property, and (c) there are reasonable grounds for suspecting that the property is a cryptoasset-related item. (2B) An order under subsection (2A) may not be made in respect of exempt property unless the sheriff is satisfied that the person applying for the order is working diligently and expeditiously— (a) to determine whether the property is a cryptoasset-related item, or (b) if it has already been determined to be such an item, to seize any related cryptoassets under section 127C(1). (2C) An order under subsection (2A) may not extend the period for which the property may be detained beyond the period of— (a) six months beginning with the date of the order, or (b) in the case of exempt property, 14 days beginning with that date. This does not prevent the period from being further extended by another order under this section. (2D) The period of 14 days referred to in subsection (2C)(b) is to be calculated in accordance with section 127H(7) (reading the reference there to 48 hours as a reference to 14 days). (3) An application for an order may be made by— (a) the Commissioners for Her Majesty's Revenue and Customs, (aa) an immigration officer; (b) a constable, or (c) the prosecutor. (4) If the property was seized in reliance on the first or second condition in section 127B, “the prosecutor” means a person who is to have conduct of any proceedings for the offence. (5) An order under this section must provide for notice to be given to persons affected by it. (6) In this section— “exempt property” has the meaning given in section 127C(4) (reading references there to the accused as references to the person by whom the property is held); “part” includes portion.
Propose a change(1) An order under section 127M may be discharged or varied. (2) An application for variation or discharge of the order may be made by— (a) a person mentioned in section 127M(3), or (b) any person affected by the order. (3) On an application under this section the sheriff must discharge the order if— (a) the order was made on the ground that the first or second condition in section 127B was met but proceedings for the offence mentioned in that condition have not been started within a reasonable time, (b) the order was made on the ground that the third or fourth condition in section 127B was met but proceedings for the offence mentioned in that condition have now been concluded, (c) the order was made on the ground that the fifth, sixth or seventh condition in section 127B was met but the application mentioned in that condition has now been concluded or, as the case may be, has not been made within a reasonable time. (4) An order made under section 127M lapses if a restraint order is made in respect of the property to which it relates (but provision authorising detention of the property may have been included in the restraint order by virtue of section 120A).
Propose a change(1) If on an application for an order under section 127M the sheriff decides not to make an order, a person mentioned in subsection (3) of that section may appeal to the Court of Session against the decision. (2) If an application is made under section 127N in relation to an order the following persons may appeal to the Court of Session in respect of the sheriff's decision on the application— (a) a person mentioned in section 127M(3), or (b) any person affected by the order. (3) An appeal under this section must be made before the end of the period of 21 days starting with the day on which the order was made. (4) On an appeal under this section the Court of Session may— (a) make or (as the case may be) discharge the order, or (b) vary the order.
Propose a change(1) This section applies where— (a) an application for an order under section 127M is made within the period mentioned in section 127J, and (b) the application is refused. (2) This section also applies where— (a) an order is made under section 127M extending the period for which property may be detained under section 127J, and (b) the order is discharged or varied so that detention of the property is no longer authorised by virtue of the order. (3) The property may be detained until there is no further possibility of an appeal against the decision to refuse the application or discharge or vary the order (as the case may be).
Propose a change(1) This section applies in relation to property which— (a) has been seized by an appropriate officer under section 127C, and (b) is detained under or by virtue of any of sections 127J to 127M and 127P. (2) The property must be released if at any time an appropriate officer decides that the detention condition is no longer met. (3) The detention condition is met for so long as— (a) any of the conditions in section 127B is met, and (b) there are reasonable grounds for the suspicion mentioned in section 127C(1) or (5A). (4) Nothing in this section requires property to be released if there is a power to detain it otherwise than under or by virtue of sections 127J to 127M and 127P. (5) Nothing in this section affects the operation of any power or duty to release property that arises apart from this section. (6) If a cryptoasset-related item which has been released is not claimed within the period of a year beginning with the date on which it was released, the appropriate officer may— (a) retain the item and deal with it as they see fit, (b) dispose of the item, or (c) destroy the item. (7) The powers in subsection (6) may be exercised only— (a) where the appropriate officer has taken reasonable steps to notify— (i) the person from whom the item was seized, and (ii) any other persons who the appropriate officer has reasonable grounds to believe have an interest in the item, that the item has been released, and (b) with the approval of a senior officer. (8) “Senior officer” in subsection (7)(b) has the meaning given in section 127G(3). (9) Any proceeds of a disposal of the item are to be paid into the Scottish Consolidated Fund.
Propose a change(1) The Lord Advocate may issue guidance in connection with— (a) the carrying out by appropriate officers of the functions conferred by sections 127C to 127H, (b) the carrying out by senior officers of their functions under section 127G, and (c) the detention of property under or by virtue of sections 120A, 122A and 127J to 127P. (2) The Lord Advocate must publish any guidance issued under this section.
Propose a change(1) This section applies if— (a) a confiscation order is made, (b) it is not satisfied, and (c) it is not subject to appeal. (2) In such a case the court may on the application of the prosecutor exercise the powers conferred on it by this section. (3) The court may appoint an administrator in respect of realisable property. (4) An appointment of an administrator may be made subject to conditions or exceptions. (5) The court may confer the powers mentioned in subsection (6) on an administrator appointed under subsection (3) above. (6) Those powers are— (a) power to take possession of any realisable property; (b) power to manage or otherwise deal with the property; (c) power to realise any realisable property, in such manner as the court may specify. (d) so far as the property consists of cryptoassets, power to destroy the property. (7) The court may order any person who has possession of realisable property to give possession of it to an administrator referred to in subsection (5). (8) The clerk of court must notify the accused and any person subject to an order under subsection (7) of the making of the order. (9) 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. (10) The court— (a) may order a person holding an interest in realisable property 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. (11) The court must not— (a) confer the power mentioned in subsection (6)(b) , (c) or (d) in respect of property, or (b) exercise the power conferred on it by subsection (10) in respect of property, unless it gives persons holding interests in the property a reasonable opportunity to make representations to it. (12) 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. (13) The court may order that a power conferred by an order under this section is subject to such conditions and exceptions as it specifies. (13A) The court may confer the power mentioned in subsection (6)(d) only where— (a) it is not reasonably practicable to realise the cryptoassets in question, or (b) there are reasonable grounds to believe that the realisation of the cryptoassets would be contrary to the public interest, having regard in particular to how likely it is that the entry of the cryptoassets into general circulation would facilitate criminal conduct by any person. (13B) An order conferring that power— (a) must set out the court’s assessment of the market value of the cryptoassets to which it relates; (b) may confer power to destroy the cryptoassets only to the extent that their market value, as set out in the order, is less than or equal to the amount remaining to be paid under the confiscation order. (13C) If the administrator destroys any cryptoassets in the exercise of that power, the accused is to be treated as having paid, towards satisfaction of the confiscation order, an amount equal to the market value, as set out in the order, of the cryptoassets which have been destroyed. (14) Subsection (6) does 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. 199/2588 (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)).
Propose a change(1) This section applies if— (a) an administrator stands appointed under section 125 in respect of realisable property (the management administrator), and (b) the court appoints an administrator under section 128. (2) The court must order the management administrator to transfer to the other administrator all property held by him by virtue of the powers conferred on him by section 125. (3) If the management administrator complies with an order under subsection (2) he is discharged— (a) from his appointment under that section, (b) from any obligation under this Act arising from his appointment.
Propose a change(1) This section applies to sums which— (a) are in the hands of an administrator appointed under section 128(3), and (b) fall within subsection (2). (2) These sums fall within this subsection— (a) the proceeds of the realisation of property under section 128(6)(c); (b) any sums (other than those mentioned in paragraph (a)) in which the accused holds an interest. (3) The sums must be applied as follows— (a) first, they must be applied in payment of such expenses incurred by a person acting as an insolvency practitioner as are payable under this subsection by virtue of section 432; (b) second, they must be applied in making any payments as directed by the court; (c) third, they must be applied on the accused’s behalf towards satisfaction of the confiscation order. (4) If the amount payable under any confiscation order has been fully paid and any sums remain in the administrator’s hands he must distribute them— (a) among such persons who held (or hold) interests in the property concerned as the court directs, and (b) in such proportions as it directs. (5) Before making a direction under subsection (4) the court must give persons who held (or hold) interests in the property concerned a reasonable opportunity to make representations to it. (6) For the purposes of subsections (4) and (5) the property concerned is— (a) the property represented by the proceeds mentioned in subsection (2)(a); (b) the sums mentioned in subsection (2)(b). (7) The administrator applies sums as mentioned in subsection (3)(c) by paying them to the appropriate clerk of court on account of the amount payable under the order. (8) The appropriate clerk of court is the sheriff clerk of the sheriff court responsible for enforcing the confiscation order under section 211 of the Procedure Act as applied by section 118(1) of this Act.
Propose a change(1) This section applies if a clerk of court receives sums on account of the amount payable under a confiscation order (whether the sums are received under section 130 or otherwise). (2) The clerk of court’s receipt of the sums reduces the amount payable under the order, but he must apply the sums received as follows. (3) First he must apply them in payment of such expenses incurred by a person acting as an insolvency practitioner as— (a) are payable under this subsection by virtue of section 432, but (b) are not already paid under section 130(3)(a) or 131D(2)(a) . (4) If the Lord Advocate has reimbursed the administrator in respect of remuneration or expenses under section 133 the clerk of court must next apply the sums in reimbursing the Lord Advocate. (5) If the clerk of court received the sums under section 130 or 131D he must next apply them in payment of the administrator’s remuneration and expenses. (5A) If the clerk of court received the sums from an appropriate officer under section 130 or 131D, the clerk of court must next apply them in payment to an appropriate officer of any amount to which the officer is entitled by virtue of section 131B. (6) If a direction was made under section 97(6) or 97A(4) for an amount of compensation to be paid out of sums recovered under the confiscation order, the clerk of court must next apply the sums in payment of that amount. (6A) If a direction was made under section 97A(2) or (4) for an amount payable under a restitution order or a victim surcharge under section 253F(2) of the Procedure Act to be paid out of sums recovered under the confiscation order, the clerk of court must next apply the sums in payment of that amount. (7) If any amount remains after the clerk of court makes any payments required by the preceding provisions of this section, the amount must be disposed of in accordance with section 211(5) or (6) of the Procedure Act as applied by section 118(1) of this Act.
Propose a change(1) This section applies to money which— (a) is held by a person, and (b) is held in an account maintained by the person with a relevant financial institution. (2) This section also applies to money which is held by a person and which— (a) has been seized under a relevant seizure power by a constable or another person lawfully exercising the power, and (b) is being detained in connection with a criminal investigation or prosecution or with an investigation of a kind mentioned in section 341. (3) But this section applies to money only so far as the money is free property. (4) Subsection (5) applies if— (a) a confiscation order is made against a person holding money to which this section applies, and (b) an administrator has not been appointed under section 128 in relation to the money. (5) The relevant court may order the appropriate person to pay, within such period as the court may specify, the money or a portion of it specified by the court to the appropriate clerk of court on account of the amount payable under the confiscation order. (6) An order under subsection (5) may be made— (a) on the application of the prosecutor, or (b) by the relevant court of its own accord. (7) The Scottish Ministers may by regulations amend this section so that it applies by virtue of subsection (1) not only to money held in an account maintained with a relevant financial institution but also to— (a) money held in an account maintained with a financial institution of a specified kind, or (b) money that is represented by, or may be obtained from, a financial instrument or product of a specified kind. (8) Regulations under subsection (7) may amend this section so that it makes provision about realising an instrument or product within subsection (7)(b) or otherwise obtaining money from it. (9) In this section— “appropriate clerk of court”, in relation to a confiscation order, means the sheriff clerk of the sheriff court responsible for enforcing the confiscation order under section 211 of the Procedure Act as applied by section 118(1); “appropriate person” means— in a case where the money is held in an account maintained with a relevant financial institution, the relevant financial institution ; in any other case, the person on whose authority the money is detained; “bank” means an authorised deposit-taker, other than a building society, that has its head office or a branch in the United Kingdom; “building society” has the same meaning as in the Building Societies Act 1986; “electronic money institution” has the same meaning as in the Electronic Money Regulations 2011 (S.I. 2011/99) (see regulation 2 of those Regulations); “payment institution” means an authorised payment institution or a small payment institution (each as defined in regulation 2 of the Payment Services Regulations 2017 (S.I. 2017/752)); “relevant court”, in relation to a confiscation order, means— the court which makes the confiscation order, or the sheriff court responsible for enforcing the confiscation order under section 211 of the Procedure Act as applied by section 118(1); “relevant financial institution” means a bank, a building society, an electronic money institution or a payment institution; “relevant seizure power” means a power to seize money conferred by or by virtue of— a warrant granted under any enactment or rule of law, or any enactment, or rule of law, under which the authority of a warrant is not required. (10) In the definition of “bank” in subsection (9), “authorised deposit-taker” means— (a) a person who has permission under Part 4A of the Financial Services and Markets Act 2000 to accept deposits; (b) a person who— (i) is specified, or is within a class of persons specified, by an order under section 38 of that Act (exemption orders), and (ii) accepts deposits; (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (11) A reference in subsection (10) to a person ... with permission to accept deposits does not include a person ... with permission to do so only for the purposes of, or in the course of, an activity other than accepting deposits.
Propose a change(1) This section applies to cryptoassets which— (a) are held by a person, and (b) are held in a crypto wallet administered by a UK-connected cryptoasset service provider, but only so far as the cryptoassets are free property. (2) Subsection (3) applies if— (a) a confiscation order is made against a person holding cryptoassets to which this section applies, and (b) an administrator has not been appointed under section 128 in relation to the cryptoassets. (3) The sheriff may order the UK-connected cryptoasset service provider which administers the crypto wallet in which the cryptoassets are held— (a) to realise the cryptoassets, or a portion of the cryptoassets having a specified value, (b) to pay the proceeds of that realisation to the appropriate clerk of court on account of, and up to a maximum of, the amount payable under the confiscation order, and (c) to the extent that the proceeds of the realisation exceed the amount payable under the confiscation order, to pay the excess to an appropriate officer identified in the order. (4) In subsection (3)— “appropriate clerk of court” means the sheriff clerk of the sheriff court responsible for enforcing the confiscation order under section 211 of the Procedure Act as applied by section 118(1); “appropriate officer” has the same meaning as in section 120A. (5) An order under subsection (3) may be made— (a) on the application of the prosecutor, or (b) by the sheriff of the sheriff’s own accord. (6) Where a UK-connected cryptoasset service provider— (a) is required by an order under subsection (3) to realise a portion of cryptoassets having a specified value, but (b) on realising cryptoassets under the order, obtains proceeds of an amount which differs from that value, it does not fail to comply with the order solely because of that difference in value, provided that it took reasonable steps to obtain proceeds equal to the value specified.
Propose a change(1) “UK-connected cryptoasset service provider” in section 131ZB means a cryptoasset service provider which— (a) is acting in the course of business carried on by it in the United Kingdom, (b) has terms and conditions with the persons to whom it provides services which provide for a legal dispute to be litigated in the courts of a part of the United Kingdom, (c) holds in the United Kingdom any data relating to the persons to whom it provides services, or (d) meets the condition in subsection (2). (2) The condition in this subsection is that— (a) the cryptoasset service provider has its registered office or, if it does not have one, its head office in the United Kingdom, and (b) the day-to-day management of the provider’s business is the responsibility of that office or another establishment maintained by it in the United Kingdom. (3) “Cryptoasset service provider” in subsections (1) and (2) includes a cryptoasset exchange provider and a custodian wallet provider; and for this purpose— “cryptoasset exchange provider” means a firm or sole practitioner who by way of business provides one or more of the following services, including where the firm or sole practitioner does so as creator or issuer of any of the cryptoassets involved— exchanging, or arranging or making arrangements with a view to the exchange of, cryptoassets for money or money for cryptoassets; exchanging, or arranging or making arrangements with a view to the exchange of, one cryptoasset for another; operating a machine which utilises automated processes to exchange cryptoassets for money or money for cryptoassets; “custodian wallet provider” means a firm or sole practitioner who by way of business provides services to safeguard, or to safeguard and administer— cryptoassets on behalf of its customers, or private cryptographic keys on behalf of its customers in order to hold, store and transfer cryptoassets. (4) In the definition of “cryptoasset exchange provider” in subsection (3), “cryptoasset” includes a right to, or interest in, a cryptoasset. (5) The Secretary of State may by regulations amend the definitions in subsection (3) (including by amending subsection (4)). (6) The Secretary of State must consult the Scottish Ministers before making regulations under subsection (5).
Propose a change(1) This section applies to moveable property which is held by a person and which— (a) has been seized by an appropriate officer under a relevant seizure power, or (b) has been produced to an appropriate officer in compliance with a production order under section 380. (2) This section applies if the following conditions are satisfied— (a) a confiscation order is made against the person by whom the property is held; (b) an administrator has not been appointed under section 128 in relation to the property; (c) any period allowed under section 116 for payment of the amount ordered to be paid under the confiscation order has ended. (3) In such a case the sheriff may by order authorise an appropriate officer to realise the property. (4) In this section “appropriate officer” and “relevant seizure power” have the same meaning as in section 120A.
Propose a change(1) This section applies to cryptoassets which are held by a person and which have been seized by an appropriate officer under a relevant seizure power. (2) The sheriff may by order authorise an appropriate officer to destroy the cryptoassets if— (a) a confiscation order is made against the person by whom the cryptoassets are held, (b) an administrator has not been appointed under section 128 in relation to the cryptoassets, and (c) either— (i) it is not reasonably practicable to realise the cryptoassets, or (ii) there are reasonable grounds to believe that the realisation of the cryptoassets would be contrary to the public interest, having regard in particular to how likely it is that the entry of the cryptoassets into general circulation would facilitate criminal conduct by any person. (3) An order under this section may be made— (a) on the application of the prosecutor, or (b) by the sheriff of the sheriff’s own accord. (4) An order under this section— (a) must set out the sheriff’s assessment of the market value of the cryptoassets to which it relates; (b) may authorise the destruction of cryptoassets only to the extent that their market value, as set out in the order, is less than or equal to the amount remaining to be paid under the confiscation order. (5) Before making an order under this section, the sheriff must give persons who hold interests in the cryptoassets a reasonable opportunity to make representations to it. (6) If cryptoassets held by a person are destroyed following an order under this section, the person is to be treated as having paid, towards satisfaction of the confiscation order, an amount equal to the market value, as set out in the order, of the cryptoassets which have been destroyed. (7) In this section “appropriate officer” and “relevant seizure power” have the same meaning as in section 120A.
Propose a change(1) This section applies if the sheriff makes an order under section 131A. (2) The sheriff may determine an amount which may be recovered by the appropriate officer in respect of reasonable costs incurred in— (a) storing or insuring the property since it was seized or produced as mentioned in subsection (1) of that section; (b) realising the property. (3) If the sheriff makes a determination under this section the appropriate officer is entitled to payment of the amount under section 131(5A). (4) A determination under this section may be made on the same occasion as the section 131A order or on any later occasion; and more than one determination may be made in relation to any case. (5) In this section “appropriate officer” has the same meaning as in section 120A.
Propose a change(1) If a sheriff decides not to make an order under section 131A(3), an appropriate officer may appeal to the Court of Session. (1A) If a sheriff decides not to make an order under section 131ZB(3) or 131AA(2), the prosecutor may appeal to the Court of Session. (2) If a sheriff makes an order under section 131ZB(3), 131A(3) or 131AA(2), a person affected by the order may appeal to the Court of Session. (3) But the person mentioned in section 131ZB(2)(a), 131A(2)(a) or 131AA(2)(a) (as applicable) may not appeal. (4) An appropriate officer may appeal to the Court of Session against— (a) a determination made by a sheriff under section 131B; (b) a decision by a sheriff not to make a determination under that section. (5) An appeal under this section must be made before the end of the period of 21 days starting with the day on which the decision or (as the case may be) the order was made. (6) On an appeal under this section the Court of Session may— (a) confirm, quash or vary the decision or (as the case may be) the order, or (b) make such order as Court of Session believes is appropriate. (7) In this section “appropriate officer” has the same meaning as in section 120A.
Propose a change(1) This section applies to sums which— (a) are in the hands of an appropriate officer, and (b) are the proceeds of the realisation of property under section 131ZB or 131A. (2) The sums must be applied as follows— (a) first, they must be applied in payment of such expenses incurred by a person acting as an insolvency practitioner as are payable under this subsection by virtue of section 432; (b) second, they must be applied in making any payments directed by the sheriff; (c) third, they must be paid to the appropriate clerk of court on account of the amount payable under the confiscation order. (3) If the amount payable under the confiscation order has been fully paid and any sums remain in the appropriate officer's hands, the appropriate officer must distribute them— (a) among such persons who held (or hold) interests in the property represented by the proceeds as the sheriff directs, and (b) in such proportions as the sheriff directs. (4) Before making a direction under subsection (3) the sheriff must give persons who held (or hold) interests in the property a reasonable opportunity to make representations to the sheriff. (5) In this section— (a) “appropriate officer” has the same meaning as in section 120A; (b) “appropriate clerk of court” means the sheriff clerk of the sheriff court responsible for enforcing the confiscation order under section 211 of the Procedure Act as applied by section 118(1).
Propose a change(1) This section applies to— (a) the powers conferred on a court by sections 119 to 131D, 134 to 136 and Schedule 3; (b) the powers of an administrator appointed under section 125 or 128(3). (c) the powers conferred on appropriate officers by sections 127C to 127L; (d) the powers conferred on senior officers by section 127G. (2) The powers— (a) must be exercised with a view to the value for the time being of realisable property being made available (by the property’s realisation) for satisfying any confiscation order that has been or may be made against the accused; (b) must be exercised, in a case where a confiscation order has not been made, with a view to securing that there is no diminution in the value of realisable property or of the proceeds of realisation; (c) must be exercised without taking account of any obligation of the accused or a recipient of a tainted gift if the obligation conflicts with the object of satisfying any confiscation order that has been or may be made against the accused; (d) may be exercised in respect of a debt owed by the Crown. (2A) Subsection (2)(a) does not apply to— (a) the power conferred on a court by paragraph (d) of section 128(6) (which enables the court to give an administrator the power to destroy cryptoassets), (b) a power conferred on an administrator by virtue of that paragraph, or (c) the power conferred on the sheriff by section 131AA (power to order destruction of cryptoassets). (3) Subsection (2) has effect subject to the following rules— (a) the powers must be exercised with a view to allowing a person other than the accused or a recipient of a tainted gift to retain or recover the value of any interest held by him; (b) in the case of realisable property held by a recipient of a tainted gift, the powers must be exercised with a view to realising no more than the value for the time being of the gift; (c) in a case where a confiscation order has not been made against the accused, property must not be realised if the court so orders under subsection (4). (4) If on an application by the accused or by the recipient of a tainted gift the court decides that property cannot be replaced it may order that it must not be sold. (5) An order under subsection (4) may be revoked or varied.
Propose a change(1) If an administrator appointed under section 125 or 128(3)— (a) takes action in relation to property which is not realisable property, (b) would be entitled to take the action if it were realisable property, and (c) believes on reasonable grounds that he is entitled to take the action, he is not liable to any person in respect of any loss or damage resulting from the action, except so far as the loss or damage is caused by his negligence. (2) Subsection (3) applies if an administrator incurs expenses in the exercise of his functions at a time when— (a) a confiscation order has not been made, or (b) a confiscation order has been made but the administrator has recovered no money. (3) As soon as is practicable after they have been incurred the expenses must be reimbursed by the Lord Advocate. (4) Subsection (5) applies if— (a) an amount is due in respect of the administrator’s remuneration and expenses, but (b) nothing (or not enough) is available to be applied in payment of them under section 131(4). (5) The remuneration and expenses must be paid (or must be paid to the extent of the shortfall) by the Lord Advocate.
Propose a change(1) This section applies where an administrator is appointed under section 125 or 128(3). (2) The following persons may apply to the court— (a) any person affected by action taken by the administrator; (b) any person who may be affected by action the administrator proposes to take. (3) On an application under this section the court may make such order as it thinks appropriate.
Propose a change(1) The prosecutor, an administrator and any other person affected by an order made under section 125 or 128 may apply to the court to vary or recall the order. (2) On an application under this section the court— (a) may vary the order; (b) may recall the order. (3) But in the case of an order under section 125— (a) if the condition in section 119 which was satisfied was that proceedings were started 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); (b) if the condition which was satisfied was that an investigation was started or an application was to be made, the court must recall the order if within a reasonable time proceedings for the offence are not started or the application is not made (as the case may be).
Propose a change(1) If on an application for an order under section 125 or 128 the court decides not to make one, the prosecutor may appeal to the Court of Session against the decision. (2) If the court makes an order under section 125 or 128 the following persons may appeal to the Court of Session in respect of the court’s decision— (a) the prosecutor; (b) any person affected by the order. (3) If on an application for an order under section 134 the court decides not to make one, the person who applied for the order may appeal to the Court of Session against the decision. (4) If the court makes an order under section 134, the following persons may appeal to the Court of Session in respect of the court’s decision— (a) the person who applied for the order; (b) any person affected by the order; (c) the administrator. (5) The following persons may appeal to the Court of Session against a decision of the court on an application under section 135— (a) the person who applied for the order in respect of which the application was made; (b) any person affected by the court’s decision; (c) the administrator. (6) On an appeal under this section the Court of Session may— (a) confirm the decision, or (b) make such order as it believes is appropriate.
Propose a changeSchedule 3, which makes further provision about administrators appointed under section 125 and 128(3), has effect.
Propose a change(1) Where an administrator is appointed under section 128, the court may sist any action, execution or other legal process in respect of the property to which the order appointing the administrator relates. (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 an application has been made for the appointment of an administrator or that an administrator has been appointed in relation to that 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 prosecutor; (b) if appointed, the administrator.
Propose a change(1) If the following three conditions are satisfied the court may order the payment of such compensation as it thinks is just. (2) The first condition is satisfied if a criminal investigation has been instituted with regard to an offence and proceedings are not instituted for the offence. (3) The first condition is also satisfied if proceedings for an offence are instituted against a person and— (a) they do not result in his conviction for the offence, or (b) he is convicted of the offence but the conviction is quashed or he is pardoned in respect of it. (4) If subsection (2) applies the second condition is that— (a) in the criminal investigation there has been a serious default by a person mentioned in subsection (9), and (b) the investigation would not have continued if the default had not occurred. (5) If subsection (3) applies the second condition is that— (a) in the criminal investigation with regard to the offence or in its prosecution there has been a serious default by a person mentioned in subsection (9), and (b) the proceedings would not have been instituted or continued if the default had not occurred. (6) The third condition is that an application is made under this section by a person who held realisable property and has suffered loss in consequence of anything done in relation to it by or in pursuance of an order under this Part. (7) The offence referred to in subsection (2) may be one of a number of offences with regard to which the investigation is instituted. (8) The offence referred to in subsection (3) may be one of a number of offences for which the proceedings are instituted. (9) Compensation under this section is payable to the applicant and— (a) if the person in default was a constable of a police force (within the meaning of the Police (Scotland) Act 1967 (c. 77)), the compensation is payable by the Scottish Police Authority; (aa) if the person in default was a constable of the Police Service of Scotland, the compensation is payable by the Scottish Police Authority, (b) if the person in default was a constable not falling within paragraph (a), the compensation is payable by the body under whose authority he acts; (c) if the person in default was a procurator fiscal or was acting on behalf of the Lord Advocate, the compensation is payable by the Lord Advocate; (ca) if the person in default was a National Crime Agency officer, the compensation is payable by the National Crime Agency; (d) if the person in default was a customs officer, the compensation is payable by the Commissioners of Customs and Excise; (e) if the person in default was an officer of the Commissioners of Inland Revenue, the compensation is payable by those Commissioners. (10) Nothing in this section affects any delictual liability in relation to a serious default.
Propose a change(1) This section applies if— (a) the court varies a confiscation order under section 113 or discharges one under section 114, and (b) an application is made to the court by a person who held realisable property and has suffered loss as a result of the making of the order. (2) The court may order the payment to the applicant of such compensation as it believes is just. (3) Compensation payable under this section is payable by the Lord Advocate.
Propose a change(1) This section applies if— (a) any of the conditions in section 119 are satisfied, (b) the prosecutor believes that realisable property is situated in a country or territory outside the United Kingdom (the receiving country), and (c) the prosecutor sends a request for assistance to the Secretary of State with a view to it being forwarded under this section. (2) In a case where no confiscation order has been made, a request for assistance is a request to the government of the receiving country to secure that any person is prohibited from dealing with realisable property. (3) In a case where a confiscation order has been made and has not been satisfied, discharged or quashed, a request for assistance is a request to the government of the receiving country to secure that— (a) any person is prohibited from dealing with realisable property, (b) realisable property is realised and the proceeds are applied in accordance with the law of the receiving country. (4) No request for assistance may be made for the purposes of this section in a case where a confiscation order has been made and has been satisfied, discharged or quashed. (5) If the Secretary of State believes it is appropriate to do so he may forward the request for assistance to the government of the receiving country. (6) If property is realised in pursuance of a request under subsection (3) the amount ordered to be paid under the confiscation order must be taken to be reduced by an amount equal to the proceeds of the realisation. (7) A certificate purporting to be issued by or on behalf of the requested government is sufficient evidence of the facts it states if it states— (a) that the property has been realised in pursuance of a request under subsection (3), (b) the date of realisation, and (c) the proceeds of realisation. (8) If the proceeds of realisation made in pursuance of a request under subsection (3) are expressed in a currency other than sterling, they must be taken to be the sterling equivalent calculated in accordance with the rate of exchange prevailing at the end of the day of realisation.
Propose a change(1) An accused has a criminal lifestyle if (and only if) the offence (or any of the offences) concerned satisfies any of these tests— (a) it is specified in Schedule 4; (b) it constitutes conduct forming part of a course of criminal activity; (c) it is an offence committed over a period of at least six months and the accused has benefited from the conduct which constitutes the offence. (2) Conduct forms part of a course of criminal activity if the accused has benefited from the conduct and— (a) in the proceedings in which he was convicted he was convicted of three or more other offences, each of three or more of them constituting conduct from which he has benefited, or (b) in the period of six years ending with the day when those proceedings were instituted (or, if there is more than one such day, the earliest day) he was convicted on at least two separate occasions of an offence constituting conduct from which he has benefited. (3) But an offence does not satisfy the test in subsection (1)(b) or (c) unless the accused obtains relevant benefit of not less than £1000. (4) Relevant benefit for the purposes of subsection (1)(b) is— (a) benefit from conduct which constitutes the offence; (b) benefit from any other conduct which forms part of the course of criminal activity and which constitutes an offence of which the accused has been convicted. (5) Relevant benefit for the purposes of subsection (1)(c) is benefit from conduct which constitutes the offence. (6) The Scottish Ministers may by order amend Schedule 4. (7) The Scottish Ministers may by order vary the amount for the time being specified in subsection (3).
Propose a change(1) Criminal conduct is conduct which— (a) constitutes an offence in Scotland, or (b) would constitute such an offence if it had occurred in Scotland. (2) General criminal conduct of the accused is all his criminal conduct, and it is immaterial— (a) whether conduct occurred before or after the passing of this Act; (b) whether property constituting a benefit from conduct was obtained before or after the passing of this Act. (3) Particular criminal conduct of the accused is all his criminal conduct which falls within the following paragraphs— (a) conduct which constitutes the offence or offences concerned; (b) conduct which constitutes offences of which he was convicted in the same proceedings as those in which he was convicted of the offence or offences concerned. (4) A person benefits from conduct if he obtains property as a result of or in connection with the conduct. (5) If a person obtains a pecuniary advantage as a result of or in connection with conduct, he is to be taken to obtain as a result of or in connection with the conduct a sum of money equal to the value of the pecuniary advantage. (6) References to property or a pecuniary advantage obtained in connection with conduct include references to property or a pecuniary advantage obtained both in that connection and in some other. (7) If a person benefits from conduct his benefit is the value of the property obtained.
Propose a change(1) Subsections (2) and (3) apply if— (a) no court has made a decision as to whether the accused has a criminal lifestyle, or (b) a court has decided that the accused has a criminal lifestyle. (2) A gift is tainted if it was made by the accused at any time after the relevant day. (3) A gift is also tainted if it was made by the accused at any time and was of property— (a) which was obtained by the accused as a result of or in connection with his general criminal conduct, or (b) which (in whole or part and whether directly or indirectly) represented in the accused’s hands property obtained by him as a result of or in connection with his general criminal conduct. (4) Subsection (5) applies if a court has decided that an accused does not have a criminal lifestyle. (5) A gift is tainted if it was made by the accused at any time after— (a) the date on which the offence concerned was committed, or (b) if his particular criminal conduct consists of two or more offences and they were committed on different dates, the earliest of those dates. (6) For the purposes of subsection (5) an offence which is a continuing offence is committed on the first occasion when it is committed. (7) A gift may be a tainted gift whether it was made before or after the passing of this Act. (8) The relevant day is the first day of the period of six years ending with— (a) the day when proceedings for the offence concerned were instituted against the accused, or (b) if there are two or more offences and proceedings for them were instituted on different days, the earliest of those days. (9) If the accused transfers property to another person (whether directly or indirectly) for a consideration whose value is significantly less than the value of the property at the time of the transfer, he is to be treated as making a gift. (10) If subsection (9) applies the property given is to be treated as such share in the property transferred as is represented by the fraction— (a) whose numerator is the difference between the two values mentioned in subsection (9), and (b) whose denominator is the value of the property at the time of the transfer. (11) References to a recipient of a tainted gift are to a person to whom the accused has (whether directly or indirectly) made the gift.
Propose a change(1) This section applies for the purpose of deciding the value at any time of property then held by a person. (2) Its value is the market value of the property at that time. (3) But if at that time another person holds an interest in the property its value, in relation to the person mentioned in subsection (1), is the market value of his interest at that time ignoring any charging order under a provision listed in subsection (4). (4) The provisions are— (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. 199/2588 (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)). (5) This section has effect subject to sections 146 and 147.
Propose a change(1) This section applies for the purpose of deciding the value of property obtained by a person as a result of or in connection with his criminal conduct; and the material time is the time the court makes its decision. (2) The value of the property at the material time is the greater of the following— (a) the value of the property (at the time the person obtained it) adjusted to take account of later changes in the value of money; (b) the value (at the material time) of the property found under subsection (3). (3) The property found under this subsection is— (a) if the person holds the property obtained, that property; (b) if he holds no part of the property obtained, any property which directly or indirectly represents it in his hands; (c) if he holds part of the property obtained, that part and any property which directly or indirectly represents the other part in his hands. (4) The references in subsection (2)(a) and (b) to the value are to the value found in accordance with section 145.
Propose a change(1) The value at any time (the material time) of a tainted gift is the greater of the following— (a) the value (at the time of the gift) of the property given, adjusted to take account of later changes in the value of money; (b) the value (at the material time) of the property found under subsection (2). (2) The property found under this subsection is— (a) if the recipient holds the property given, that property; (b) if the recipient holds no part of the property given, any property which directly or indirectly represents it in his hands; (c) if the recipient holds part of the property given, that part and any property which directly or indirectly represents the other part in his hands. (3) The references in subsection (1)(a) and (b) to the value are to the value found in accordance with section 145.
Propose a change(1) Property is free unless it falls within subsection (2) or (3). (2) Property falls within this subsection if an order is in force in respect of it under— (a) section 27 of the Misuse of Drugs Act 1971 (c. 38) (forfeiture orders), (b) Article 11 of the Criminal Justice (Northern Ireland) Order 1994 (S.I. 1994/2795 (N.I. 15) (deprivation orders), (c) Part 2 of the Proceeds of Crime (Scotland) Act 1995 (c. 43) (forfeiture of property used in crime), (d) section 143 of the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6) or Chapter 4 of Part 7 of the Sentencing Code (deprivation orders), (e) section 23 , 23A or 111 of the Terrorism Act 2000 (c. 11) (forfeiture orders), ... (ea) paragraph 3(2), 6(2), 10D(1), 10G(2), 10J(3), 10S(2) , 10Z2(3), 10Z7AG(1), 10Z7BB(2), 10Z7CA(3), 10Z7CE(3) or 10Z7DG(3) of Schedule 1 to the Anti-terrorism, Crime and Security Act 2001, or (f) section 245A, 246, 255A, 256, 266, 295(2) , 298(2), 303L(1), 303O(3), 303R(3), 303Z3, 303Z14(4), 303Z32(1), 303Z37(2), 303Z41(4), 303Z45(3) or 303Z60(4) of this Act. (3) Property falls within this subsection if— (a) it has been forfeited in pursuance of a forfeiture notice under section 297A or an account forfeiture notice under section 303Z9; (b) it is detained under section 297C 297D , 298(4) or 303O(9). (ba) it is detained under section 303Z30, 303Z31 or 303Z32 in a case where section 303Z42(2) applies; (bb) it is detained under section 303Z57 or 303Z58 in a case where section 303Z60(6) applies; (c) it is the forfeitable property in relation to an order under section 303Q(1) or 303Z44(1). (d) it has been forfeited in pursuance of a cash forfeiture notice under paragraph 5A of Schedule 1 to the Anti-terrorism, Crime and Security Act 2001 or an account forfeiture notice under paragraph 10W of that Schedule; (e) it is detained under paragraph 5B, 5C, 9A or 10G(7) of that Schedule; (ea) it is detained under paragraph 10Z7AE, 10Z7AF or 10Z7AG of that Schedule in a case where paragraph 10Z7CB(2) of that Schedule applies; (eb) it is detained under paragraph 10Z7DD or 10Z7DE of that Schedule in a case where paragraph 10Z7DG(5) of that Schedule applies; (f) it is the forfeitable property in relation to an order under paragraph 10I(1) or 10Z7CD(1) of that Schedule.
Propose a changeRealisable property is— (a) any free property held by the accused; (b) any free property held by the recipient of a tainted gift.
Propose a change(1) Property is all property wherever situated and includes— (a) money; (b) all forms of property whether heritable or moveable and whether corporeal or incorporeal. (2) The following rules apply in relation to property— (a) property is held by a person if he holds an interest in it; (b) property is obtained by a person if he obtains an interest in it; (c) property is transferred by one person to another if the first one transfers or grants an interest in it to the second; (d) references to property held by a person include references to his property vested in his ... trustee in bankruptcy or liquidatoror in the trustee or interim trustee in the sequestration, under the Bankruptcy (Scotland) Act 2016), of his estate; (e) references to an interest held by a person beneficially in property include references to an interest which would be held by him beneficially if the property were not so vested; (f) references to an interest, in relation to land in England, Wales or Northern Ireland, are to any legal estate or equitable interest or power; (g) references to an interest, in relation to land in Scotland, are to any estate, interest, servitude or other heritable right in or over land, including a heritable security; (h) references to an interest, in relation to property other than land, include references to a right (including a right to possession).
Propose a change