PART 1Proceeds of crime

CHAPTER 2Scotland

Confiscation

I117Compliance orders: appeals by prosecutor

1

The Criminal Procedure (Scotland) Act 1995 is amended as follows.

2

In section 108 (Lord Advocate's right of appeal in solemn proceedings)—

a

in subsection (1), after paragraph (cc) insert—

cd

a decision under section 97B(2) of the Proceeds of Crime Act 2002 to make or not to make a compliance order;

b

in subsection (2)(b)—

i

in sub-paragraph (ii), for “or (cc)” substitute “ , (cc) or (cd) ”;

ii

in sub-paragraph (iii), after “paragraph” insert “ (cd) or ”.

3

In section 175 (right of appeal in summary proceedings)—

a

in subsection (4), after paragraph (cc) insert—

cd

a decision under section 97B(2) of the Proceeds of Crime Act 2002 to make or not to make a compliance order;

b

in subsection (4A)(b)—

i

in sub-paragraph (ii), for “or (cc)” substitute “ , (cc) or (cd) ”;

ii

in sub-paragraph (iii), after “paragraph” insert “ (cd) or ”.