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Proceeds of Crime (Scotland) Act 1995 (Version in vigour from 2021-07-08 to )

Consolidated Text As Enacted Cited authorities 116 Cited in Related
Vincent
CurrencyNo known outstanding effects
Coming into Force08 July 2021
the accused is convicted, whether in solemn or summary proceedings; orin the case of summary proceedings (without proceeding to conviction) an order is made discharging him absolutely,on indictment; oron summary complaint if the offence is punishable by a fine of an amount greater than the amount corresponding to level 5 on the standard scale or by imprisonment for a period longer than 3 months or by both such fine and imprisonment,(3) A confiscation order shall not be made unless the court orders some other disposal (including an absolute discharge) in respect of the accused.(4) Except where the offence is a drug trafficking offence, the court may make a confiscation order against an accused only if it is satisfied that he has benefited from the commission of the offence concerned.subject to paragraph (b) below, what the court assesses to be the value of the proceeds of the person’s drug trafficking; orif the court is satisfied that the amount that might be realised in terms of this Act at the time the confiscation order is made has a value less than that of the proceeds of the person’s drug

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