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Section 101: Statement of information

Proceeds of Crime Act 2002 · 2002 c. 29View on legislation.gov.uk

Part 3: Confiscation: Scotland

When the court is proceeding under section 92 the prosecutor must, within such period as the court may order, give the court a statement of information.

If the prosecutor believes the accused has a criminal lifestyle the statement of information is a statement of matters the prosecutor believes are relevant in connection with deciding these issues—

whether the accused has a criminal lifestyle;
whether he has benefited from his general criminal conduct;
his benefit from the conduct.

A statement under subsection (2) must include information the prosecutor believes is relevant—

in connection with the making by the court of a required assumption under section 96;
for the purpose of enabling the court to decide if the circumstances are such that it must not make such an assumption.

If the prosecutor does not believe the accused has a criminal lifestyle the statement of information is a statement of matters the prosecutor believes are relevant in connection with deciding these issues—

whether the accused has benefited from his particular criminal conduct;
his benefit from the conduct.

If the prosecutor gives the court a statement of information—

he may at any time give the court a further statement of information;
he must give the court a further statement of information if it orders him to do so, and he must give it within the period the court orders.

If the court makes an order under this section it may at any time vary it by making another one.

About this text

This legislation text comes from legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0. These source and reuse terms cover the legislation text, not Remedy's commentary.

Reuse reviewed 21 August 2026 under Open Government Licence v3.0.