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Section 154 Other interpretative provisionsC1I1

(1)

In this Part—

  • “accused” means a person against whom proceedings for an offence have been instituted (whether or not he has been convicted);

  • “clerk of court” includes the sheriff clerk;

  • “confiscation order” means an order under section 92;

  • “conviction”, in relation to an offence, includes a finding that the offence has been committed;

  • “court” must be construed in accordance with sections 92(13) and 119(10);

  • “criminal investigation” means an investigation which police officers or other persons have a duty to conduct with a view to it being ascertained whether a person should be charged with an offence;

  • “the Procedure Act” means the Criminal Procedure (Scotland) Act 1995 (c. 46);

  • “restraint order” means an order under section 120.

(2)

A reference to the offence (or offences) concerned must be construed in accordance with section 92(12).

(3)

A reference to sentencing the accused for an offence includes a reference to dealing with him otherwise in respect of the offence.

Annotations

Modifications

C1

Pt. 3 applied by Terrorism Act 2000 (c. 11), Sch. 8 paras. 17(4A), 34(3A) (as substituted (24.3.2003) by Proceeds of Crime Act 2002 (c. 29), s. 458(1), Sch. 11 para. 39(4)(5); S.S.I. 2003/210, art. 2(1)(b)(2), sch. (with art. 7); S.I. 2003/333, art. 2, Sch.

Commencement

I1

S. 154 in force at 24.3.2003 by S.S.I. 2003/210, art. 2(1)(a)

Notes on Part 3

Modifications

C1

Pt. 3 functions of administrator extended (24.2.2003) by Proceeds of Crime Act 2002 (Enforcement in different parts of the United Kingdom) Order 2002 (S.I. 2002/3133), arts. 1, 4(1)(a)

C3

Pt. 3 applied (3.12.2014) by The Criminal Justice and Data Protection (Protocol No. 36) Regulations 2014 (S.I. 2014/3141), reg. 1(b), Sch. 1 para. 6(5)

C4

Pt. 3 applied (3.12.2014) by The Criminal Justice and Data Protection (Protocol No. 36) Regulations 2014 (S.I. 2014/3141), reg. 1(b), Sch. 1 para. 11(5)

C5

Pt. 3 applied (12.2.2019 for specified purposes, 13.8.2020 in so far as not already in force) by Counter-Terrorism and Border Security Act 2019 (c. 3), s. 27(1)(g), Sch. 3 para. 39(6) (with s. 25(9)); S.I. 2020/792, reg. 2(g)

C6

Pt. 3 applied (20.12.2023) by National Security Act 2023 (c. 32), s. 100(1), Sch. 6 para. 16(5) (with s. 97); S.I. 2023/1272, reg. 2(a)

C7

Pt. 3 applied (20.12.2023) by National Security Act 2023 (c. 32), s. 100(1), Sch. 6 para. 42(4) (with s. 97); S.I. 2023/1272, reg. 2(a)