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Version status: Partly in force | Document consolidation status: Updated to reflect all known changes
Version date: 26 October 2023 - onwards
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127B. Conditions for exercise of powers

(1) An appropriate officer may exercise the power conferred by section 127C if satisfied that any of the following conditions is met.

(2) The first condition is that -

(a) a criminal investigation has been started in Scotland with regard to an indictable offence,

(b) [deleted]

(c) proceedings for the offence have not yet been started against the person in Scotland,

(d) there are reasonable grounds to suspect that the person has benefited from conduct constituting the offence, and

(e) a restraint order is not in force in respect of any realisable property.

(3) The second condition is that -

(a) a criminal investigation has been started in Scotland with regard to an indictable offence,

(b) [deleted]

(c) proceedings for the offence have not yet been started against the person in Scotland, and

(d) a restraint order is in force in respect of any realisable property.

(4) The third condition is that -

(a) proceedings for an indictable offence have been started in Scotland and have not been co

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