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Section 136: Appeals

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

Part 3: Confiscation: Scotland

If on an application for an order under section 125 or 128 the court decides not to make one, the prosecutor may appeal to the Court of Session against the decision.

If the court makes an order under section 125 or 128 the following persons may appeal to the Court of Session in respect of the court's decision—

the prosecutor;
any person affected by the order.

If on an application for an order under section 134 the court decides not to make one, the person who applied for the order may appeal to the Court of Session against the decision.

If the court makes an order under section 134, the following persons may appeal to the Court of Session in respect of the court's decision—

the person who applied for the order;
any person affected by the order;
the administrator.

The following persons may appeal to the Court of Session against a decision of the court on an application under section 135—

the person who applied for the order in respect of which the application was made;
any person affected by the court's decision;
the administrator.

On an appeal under this section the Court of Session may—

confirm the decision, or
make such order as it believes is appropriate.

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.