{
  "url": "https://openlegislation.uk/criminal-justice-scotland-act-1995/schedule-5/paragraph-6",
  "json_url": "https://openlegislation.uk/criminal-justice-scotland-act-1995/schedule-5/paragraph-6.json",
  "legislation": "ukpga/1995/20",
  "legislation_title": "Criminal Justice (Scotland) Act 1995",
  "legislation_url": "https://openlegislation.uk/criminal-justice-scotland-act-1995",
  "path": "schedule/5/paragraph/6",
  "kind": "paragraph",
  "number": "6",
  "heading": null,
  "text": "In section 5 (realisable property)—\n(a) for subsections (1) to (3) there shall be substituted the following—\n“(1) In this Part of this Act “realisable property” means, subject to subsection (2) below—\n(a) the whole estate wherever situated of a person—\n(i) against whom proceedings have been instituted for an offence to which section 1 of this Act relates; or\n(ii) in respect of whom a restraint order has been made by virtue of section 8(4) of this Act;\n(b) the whole estate wherever situated of a person to whom any person whose whole estate is realisable by virtue of paragraph (a) above has (directly or indirectly and whether in one transaction or in a series of transactions) made an implicative gift;\n(c) any other property in the possession or under the control of a person mentioned in paragraph (a) or (b) above; and\n(d) any income or estate vesting in a person mentioned in paragraph (a) or (b) above.\n(2) Property is not realisable if—\n(a) held on trust by a person mentioned in subsection (1)(a) or (b) above for a person not so mentioned;\n(b) a suspended forfeiture order is in force in respect of the property; or\n(c) it is, for the time being, subject to a restraint order made in respect of other proceedings.\n(3) For the purposes of this section proceedings for an offence are instituted against a person—\n(a) on his arrest without warrant;\n(b) when he is charged with the offence without being arrested;\n(c) when a warrant to arrest him is granted;\n(d) when a warrant to cite him is granted;\n(e) in summary proceedings, on the first calling of the case; or\n(f) when a petition is intimated to him or an indictment or a complaint is served on him,\nand, where the application of this subsection would result in there being more than one time for the institution of proceedings, they shall be taken to be instituted at the earliest of those times.”;\n(b) in subsection (4)—\n(i) for the words “realisable property owned” there shall be substituted the words “ his realisable property ”; and\n(ii) for the words from “except that” to the end there shall be substituted “ , less any amount due by him at that time in respect of any compensation order under section 58 of the Criminal Justice (Scotland) Act 1980 made before the confiscation order. ”;\n(c) in subsection (5)—\n(i) for the words “High Court” there shall be substituted the word “ court ”;\n(ii) after the words “regard to the” there shall be inserted the word “ likely ”;\n(iii) after paragraph (a) there shall be inserted the following paragraph—\n“(aa) of realisable property held by a person whose estate has been sequestrated, or who has been adjudged bankrupt in England and Wales or Northern Ireland, the court shall take into account the extent to which the property is subject to, as the case may be, sequestration or bankruptcy procedure by virtue of section 33 or 34 of this Act;”;\n(iv) paragraph (b) shall cease to have effect; and\n(v) at the end there shall be added the words “ and in this subsection, “money” includes cheques, banknotes, postal orders, money orders and foreign currency ”;\n(d) subsection (6) shall cease to have effect;\n(e) in subsection (7)—\n(i) for the word “Court” there shall be substituted the word “ court ”; and\n(ii) the words “notwithstanding subsections (5)(b) and (6) above” shall cease to have effect;\n(f) after subsection (7) there shall be inserted the following subsections—\n“(7A) Where the court is satisfied, on the application of a person in receipt of an implicative gift made before or after a confiscation order has been made—\n(a) that the person received the gift not knowing, not suspecting and not having reasonable grounds to suspect that the giver was in any way concerned in drug trafficking; and\n(b) that he is not, and has never been, associated with the giver in drug trafficking; and\n(c) that he would suffer hardship if the application were not granted,\nit may make an order declaring that the gift or a part of the gift shall not be an implicative gift and that the property or part of the property of the recipient of the gift shall not be, or shall cease to be, realisable for the purposes of this Part of this Act and, if a confiscation order has already been made, varying that order accordingly, where necessary.\n(7B) An appeal shall lie to the High Court at the instance of—\n(a) the applicant against the refusal;\n(b) the prosecutor against the granting,\nof an application under subsection (7A) above.\n(7C) The procedure in an appeal under this section shall be the same as the procedure in an appeal against sentence.”; and\n(g) subsection (8) shall cease to have effect.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ukpga/1995/20/schedule/5/paragraph/6",
    "retrieved_at": "2026-10-29T09:33:09.867874+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}