The offence of aggravated vehicle-takingA person is guilty of aggravated vehicle taking if:•they take a conveyance without the owner's or other lawful...
The introduction of trial by a single justice was a response to a belief, on the part of the government, that the use of two or three justices to deal...
Possession with intent to supply a controlled drugIt is an offence for a person to have a controlled drug in his possession, whether lawfully or not,...
Competency—general ruleThe most common way for evidence to be adduced is through the testimony of a witness. A witness is said to be competent if they...
A challenge to a decision of the lower courts can be brought in various ways, including by way of appeal, judicial review or an appeal by case stated....
A civil recovery order (CRO) is an order available to recover the proceeds of crime through action in the High Court, rather than the criminal court,...
Offence of cheating the public revenueThe offence of cheating the public revenue is a common law offence triable only on indictment. This means that,...
Taking a conveyance without authority offenceTaking a conveyance without authority is committed when a person:•takes a conveyance without the owner's...
The ‘handling’ offenceHandling stolen goods is an offence that is triable either way.The elements of the offence are:•dishonestly receiving the goods,...
The offence of misleading omissionsEngaging in a commercial practice that is a misleading omission is made an offence by the Consumer Protection from...
This Practice Note considers the purposes of and procedure applicable to confiscation under the Proceeds of Crime Act 2002 (POCA 2002), which replaced...
What is a restraint order?A restraint order is a preventive measure imposed in support of any confiscation order that may be or has been made. It is...
ARCHIVED: This archived Practice Note is not being maintained. It tracked the passage of the Bill through Parliament to its publication as an Act, and...
A civil recovery order (CRO) is an order available to recover the proceeds of crime through action in the High Court, rather than the criminal court,...
What is a disclosure order?A disclosure order is, in general terms, an order authorising a request for information with which the recipient is obliged...
Investigatory orders available under POCA 2002, Pt 8The orders available under the Part 8 of the Proceeds of Crime Act 2002 (POCA 2002) (investigative...
Tainted giftsA tainted gift is a category of asset that is added to the value of the property calculated to be held by the defendant for the purposes...
A confiscation order constitutes a sentence for the purposes of appeal. Accordingly, the defendant may appeal against the making or the amount of the...
The unexplained wealth order (UWO)The Criminal Finances Act 2017 (CFA 2017) created new investigatory powers in the form of unexplained wealth orders...
Civil recovery of property, which represents criminal property derived from unlawful conductCivil recovery is the name given to the powers under Part...
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Scottish Law
