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Confiscation orders (ss. 92-98) |
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92. Making of order |
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93. Recoverable amount |
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94. Accused's benefit |
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95. Available amount |
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96. Assumptions to be made in case of criminal lifestyle |
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97. Effect of order on court's other powers |
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97A. Application of receipts: restitution order and victim surcharge |
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97B. Orders for securing compliance with confiscation order |
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97C. Breach of compliance order |
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97D. Appeals against variation or discharge of compliance orders |
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98. Disposal of family home |
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Procedural matters (ss. 99-103) |
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99. Postponement |
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100. Effect of postponement |
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101. Statement of information |
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102. Accused's response to statement of information |
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103. Provision of information by accused |
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Reconsideration (ss. 104-110) |
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104. No order made: reconsideration of case |
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105. No order made: reconsideration of benefit |
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106. Order made: reconsideration of benefit |
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107. Order made: reconsideration of available amount |
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108. Inadequacy of available amount: variation of order |
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109. Inadequacy of available amount: discharge of order |
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110. Information |
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Accused unlawfully at large (ss. 111-114) |
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111. Conviction or other disposal of accused |
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112. Accused neither convicted nor acquitted |
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113. Variation of order |
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114. Discharge of order |
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Appeals (s. 115) |
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115. Appeal by prosecutor |
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Payment and enforcement (ss. 116-118) |
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116. Time for payment |
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117. Interest on unpaid sums |
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118. Application of provisions about fine enforcement |
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Restraint orders etc (ss. 119-127) |
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119. Conditions for exercise of powers |
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120. Restraint orders etc |
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120A. Restraint orders: power to retain seized property etc. |
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121. Application, recall and variation |
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122. Appeals |
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122A. Detention of property pending appeal |
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⚠ 123. Inhibition of property affected by order |
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124. Arrestment of property affected by order |
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125. Management administrators |
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126. Seizure |
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127. Restraint orders: restriction on proceedings and remedies |
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Search and seizure powers (ss. 127A-127Q) |
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127A. Sections 127B to 127R: meaning of "appropriate officer" |
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127B. Conditions for exercise of powers |
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127C. Power to seize property |
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127D. Search power: premises |
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127E. Search power: people |
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127F. Search power: vehicles |
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127G. "Appropriate approval" |
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127H. Exercise of powers without judicial approval |
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127I. Report by appointed person on exercise of powers |
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127J. Initial detention of seized property |
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127K. Further detention pending making of restraint order |
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127L. Further detention pending variation of restraint order |
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127M. Further detention in other cases |
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127N. Discharge, variation and lapse of detention order |
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127O. Appeals |
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127P. Detention of property pending section 127O appeal |
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127Q. Release of property |
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Guidance about search and seizure and detention of property (s. 127R) |
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127R. Guidance by Lord Advocate |
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Realisation of property: general (ss. 128-131) |
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128. Enforcement administrators |
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129. Management administrators: discharge |
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130. Application of sums by enforcement administrator |
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131. Sums received by clerk of court |
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Enforcement:money, cryptoassets and personal property (ss. 131ZA-131D) |
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131ZA. Money |
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131ZB. Cryptoassets |
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131ZC. Meaning of "UK-connected cryptoasset service provider" |
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131A. Seized personal property |
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131AA. Destruction of seized cryptoassets |
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131B. Costs of storage and realisation |
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131C. Sections 131ZB to 131B: appeals |
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131D. Proceeds of realisation |
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Exercise of powers (s. 132) |
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132. Powers of court and administrator etc |
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Administrators: general (ss. 133-138) |
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133. Protection of administrators |
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134. Protection of persons affected |
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135. Recall and variation of order |
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136. Appeals |
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137. Administrators: further provision |
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138. Administrators: restriction on proceedings and remedies |
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Compensation (ss. 139-140) |
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139. Serious default |
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140. Confiscation order varied or discharged |
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Enforcement abroad (s. 141) |
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141. Enforcement abroad |
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Interpretation (ss. 142-154) |
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142. Criminal lifestyle |
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143. Conduct and benefit |
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144. Tainted gifts and their recipients |
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145. Value: the basic rule |
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146. Value of property obtained from conduct |
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147. Value of tainted gifts |
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148. Free property |
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149. Realisable property |
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150. Property: general provisions |
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150A. Cryptoassets etc |
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151. Proceedings |
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152. Applications |
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153. Satisfaction of confiscation orders |
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153A. No further possibility of appeal |
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154. Other interpretative provisions |
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General (s. 155) |
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155. Rules of court |
