Proceeds of Crime (Scotland) Act 1995
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Change 1
6 Implicative gifts.
(1) In this Act references to an “implicative gift” are references to a gift (whether made before or after the commencement of this Act)— (a) made not more than six years before the date on which, in respect of a person suspected of, or charged with, a drug trafficking offence, the proceedings were commenced or a restraint order was made (whichever first occurs); or (b) made at any time if the gift was of property— (i) received by the giver in connection with drug trafficking carried on by him or another, or (ii) which, in whole or in part, directly or indirectly represented in the giver’s hands property received by him in that connection. (2) The value of an implicative gift shall be assessed in accordance with section 7 of this Act. (3) Where the court is satisfied, on the application of a person in receipt of an implicative gift made before or after a confiscation order has been made— (a) that the person received the gift not knowing, not suspecting and not having reasonable grounds to suspect that the giver was in any way concerned in drug trafficking; and (b) that he is not, and has never been, associated with the giver in drug trafficking; and (c) that he would suffer hardship if the application were not granted, it may make an order declaring that the gift or a part of the gift shall not be an implicative gift and that the property or part of the property of the recipient of the gift shall not be, or shall cease to be, realisable for the purposes of this Part of this Act and, if a confiscation order has already been made, varying that order accordingly, where necessary. (4) An appeal shall lie to the High Court at the instance of— (a) the applicant against the refusal; (b) the prosecutor against the granting, of an application under subsection (3) above on the ground that there has been a miscarriage of justice. (5) The procedure in an appeal under this section shall be the same as the procedure in an appeal against sentence.
6 Implicative gifts.
(1) In this Act references to an “implicative gift” are references to a gift (whether made before or after the commencement of this Act)— (a) made not more than six years before the date on which, in respect of a person suspected of, or charged with, a drug trafficking offence, the proceedings were commenced or a restraint order was made (whichever first occurs); or (b) made at any time if the gift was of property— (i) received by the giver in connection with drug trafficking carried on by him or another, or (ii) which, in whole or in part, directly or indirectly represented in the giver’s hands property received by him in that connection. (2) The value of an implicative gift shall be assessed in accordance with section 7 of this Act. (3) Where the court is satisfied, on the application of a person in receipt of an implicative gift made before or after a confiscation order has been made— (a) that the person received the gift not knowing, not suspecting and not having reasonable grounds to suspect that the giver was in any way concerned in drug trafficking; and (b) that he is not, and has never been, associated with the giver in drug trafficking; and (c) that he would suffer hardship if the application were not granted, it may make an order declaring that the gift or a part of the gift shall not be an implicative gift and that the property or part of the property of the recipient of the gift shall not be, or shall cease to be, realisable for the purposes of this Part of this Act and, if a confiscation order has already been made, varying that order accordingly, where necessary. (4) An appeal shall lie to the High Court at the instance of— (a) the applicant against the refusal; (b) the prosecutor against the granting, of an application under subsection (3) above on the ground that there has been a miscarriage of justice. (5) The procedure in an appeal under this section shall be the same as the procedure in an appeal against sentence.
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