Criminal Justice (Scotland) Act 1987

Cited authorities 207

Cited in

Amendments 1272

Jurisdiction	UK Non-devolved
Citation	1987 c. 41
Year	1987

(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .(5) No acceptance by the person under this section that any payment or other reward was received by him in connection with drug trafficking carried on by him or another shall be admissible in evidence in any proceedings, whether in Scotland or elsewhere, in respect of an offence.(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Contenidos

Criminal Justice (Scotland) Act 1987
Part I: Confiscation of Proceeds of Drug Trafficking etc.

Confiscation orders

1: Confiscation orders.
2: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3: Assessing the proceeds of drug trafficking.
4: Statements relating to drug trafficking.
5: Realisable property.
6: Implicative gifts.
6A: Increase in value of proceeds of drug trafficking or realisable property.
6B: Confiscation orders where proceeds of crime discovered at later date.
7: Application of provisions relating to fines to enforcement of confiscation
7A: Disposal of family home.

Restraint orders and interdict

8: Restraint orders.
9: Variation and recall of restraint orders.
10: Seizure of property affected by restraint order.
11: Inhibition and arrestment of property affected by restraint order or by interdict under section 12.
11A: Arrestment of property affected by restraint order.
12: Interdict of person not subject to restraint order.

Administrators

13: Administrators.
14: Functions of administrators.
15: Money received by administrator.
16: Application of proceeds of realisation and other sums.
17: Supervision of administrators.
18: Accounts and remuneration of administrator.
19: Effect of appointment under section 13 on diligence.
20: Further provision as to adminsistrators.
21: Discharge of administrator.
22: Rules of court as regards accountant of court’s supervision etc. of administrators.

Exercise of powers

23: Exercise of powers by Court of Session or administrator.
24: Power to facilitate realisation.

Variation of confiscation orders

25: Realisable property inadequate to meet payments under confiscation order.

Compensation

26: Compensation.

Reciprocal arrangements for enforcement of confiscation orders

27: Recognition and enforcement of orders under Drug Trafficking Offences Act 1986.
28: Provisions supplementary to section 27.
28A: Inhibition of Scottish property affected by order registered under section 27.
28B: Arrestment of Scottish property affected by order registered under section 27.
29: Enforcement of Northern Ireland orders.
30: Enforcement of other external orders.
30A: Registration of external confiscation orders.
31: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
32: Order in Council as regards taking of action in designated country.

Sequestration etc. of estate comprising realisable property

33: Sequestration of person holding realisable property.
34: Bankruptcy in England and Wales of person holding realisable property.
35: Winding up company holding realisable property.
36: Property subject to floating charge.
37: Insolvency practitioners dealing with property subject to restraint order.

Forfeiture of property where accused has died

37A: Forfeiture of property where accused has died.

Investigations and disclosure of information

38: Order to make material available.
39: Authority for search.
40: Interpretation of sections 38 and 39.
40A: Prosecution by order of the Commissioners of Customs and Excise.
41: Disclosure of information held by government departments.

Offences

42: Offence of prejudicing investigation.
43: Offence of assisting another to retain the proceeds of drug trafficking.
44: Offences relating to controlled drugs: fines.

Minor amendments, service, notice and interpretation

45: Minor amendments in relation to drug trafficking. 4 & 5 Geo. 5 c. 59.
46: Service and notice for purposes of Part I.
46A: Extension of certain offences to Crown servants and exemptions for regulators etc.
47: Interpretation of Part I.

Part II: Miscellaneous

Detention by customs officers

48: Detention and questioning by customs officers.
49: Right to have someone informed when detained
50: Detention in connection with certain drug smuggling offences.

Investigation of serious or complex fraud

51: Lord Advocate’s direction.
52: Powers of investigation.
53: Offences in relation to investigations under section 52.
54: Disclosure of Information.
55: Power to petition for winding up etc. on information obtained under section 52.: The words “or section 52 of the Criminal Justice (Scotland) Act 1987” shall be inserted—

Conditional offer by procurator fiscal

56: Conditional offer of fixed penalty by procurator fiscal.

Sittings of the High Court

57: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Sentencing power of the sheriff

58: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Detention of children

59: Detention of children in summary proceedings.

Evidence

60: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
61: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Miscellaneous

62: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
63: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
64: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
65: .
66: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
67
68: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part III: General

69: Interpretation.
70: Amendments and repeals.

71: Expenses.: There shall be paid out of money provided by Parliament—

72: Short title, commencement and extent.

SCHEDULES

SCHEDULE 1 Section 70(1).
Minor and Consequential Amendments

The Juries Act 1949 (c. 27)
The Judicial Offices (Salaries etc.) Act 1952 (c. 12)
The Criminal Procedure (Scotland) Act 1975 (c. 21)
The Criminal Justice (Scotland) Act 1980 (c. 62)
The Contempt of Court Act 1981 (c. 49)

SCHEDULE 2 Section 70(2).
Repeals

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Criminal Justice (Scotland) Act 1987

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