Remedy
Start free

Section 396DA: Extension of period for making determination where interim freezing order has been made

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

Part 8: Investigations — Chapter 3: Scotland

The Court of Session may, on an application made by the Scottish Ministers or the Lord Advocate, extend the determination period if satisfied that—

the applicant is working diligently and expeditiously towards making a determination under section 396D(2)(b) or (3) (as the case may be),
further time is needed to make that determination, and
it is reasonable in all the circumstances for the period to be extended.

The application must be made before the determination period would otherwise end.

An extension of the determination period must end no later than the end of the period of 63 days beginning with the day after that on which the period would otherwise end.

Where the period is extended under subsection (1), it may be further extended by the Court of Session (and subsections (2) and (3) apply in relation to any further extension as they apply in relation to the first one).

But the determination period as extended must not exceed the period of 186 days starting with the day of compliance (within the meaning given by section 396D(8)(b)).

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.