92 Making of order
Proceeds of Crime Act 2002 (2002 c 29) | Legislation

Part 3 Confiscation: Scotland

Confiscation orders

92  Making of order

(1)     The court must act under this section where the following three conditions are satisfied.

(2)     The first condition is that an accused falls within either of the following paragraphs—

(a)     he is convicted of an offence or offences, whether in solemn or summary proceedings, or

(b)     in the case of summary proceedings in respect of an offence (without proceeding to conviction) an order is made discharging him absolutely.

(3)     The second condition is that the prosecutor asks the court to act under this section.

(4)     The third condition is

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