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Section 116: Time for payment

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

Part 3: Confiscation: Scotland

The amount ordered to be paid under a confiscation order must be paid on the making of the order; but this is subject to the following provisions of this section.

If the accused shows that he needs time to pay the amount ordered to be paid, the court making the confiscation order may make an order allowing payment to be made in a specified period.

The specified period—

must start with the day on which the confiscation order is made, and
must not exceed six months.

If within the specified period the accused applies to the sheriff court for the period to be extended and the court, after giving the prosecutor an opportunity of being heard, believes there are exceptional circumstances, it may make an order extending the period.

The extended period—

must start with the day on which the confiscation order is made, and
must not exceed 12 months.

An order under subsection (4)—

may be made after the end of the specified period, but
must not be made after the end of the period of twelve months starting with the day on which the confiscation order is made.

The court must not make an order under subsection (2) or (4) unless it gives the prosecutor an opportunity to make representations.

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.