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Version date: 1 March 2016 - onwards
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17. Compliance 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".

Comparing proposed amendment...