119 Conditions for exercise of powers

Restraint orders etc

119  Conditions for exercise of powers

(1)     The court may exercise the powers conferred by section 120 if any of the following conditions is satisfied.

(2)     The first condition is that—

(a)     a criminal investigation has been instituted in Scotland with regard to an offence, and

(b)     there [are reasonable grounds to suspect] that the alleged offender has benefited from his criminal conduct.

(3)     The second condition is that—

(a)     proceedings for an offence have been instituted in Scotland and not concluded, and

(b)     there is reasonable cause to believe that the accused has benefited from his criminal conduct.

(4)     The third condition is that—

(a)     an application by the prosecutor has been made under

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