Warrant to serve meaning

When a confiscation order is issued against a defendant who holds realisable assets, the duty rests on them to liquidate those assets within the period specified by the order; however, at this juncture it is also possible to appoint an enforcement receiver (see: Enforcement receivers in confiscation—checklist). The Proceeds of Crime Act 2002 (POCA 2002) does not prescribe a bespoke penalty for non-payment; rather, POCA 2002, s 35 treats any sum outstanding under a confiscation order as if it were a fine imposed by the Crown Court, which is then enforceable in the magistrates’ court. Broadly speaking, the recovery of fines is governed by the fine enforcement provisions in the Sentencing Act 2020 (SA 2020) and by Part III of the Magistrates’ Courts Act 1980 (MCA 1980). Pursuant to POCA 2002, s 35, the Crown Court may set a term of imprisonment to be served in default of payment, within the applicable maximum. In this way, the statutory framework ensures that an offender stands to gain nothing by refusing or...

cases cases cases cases describe situations in which alterations are made to the process employed under the Extradition Act 2003 (EA 2003) for the purpose of extraditing an individual who has been found guilty of an offence in one territory (the convicting territory), transferred to another to serve their sentence (the imprisoning territory), and has absconded...

This is a glossary of common words and expressions used in Scottish insolvency law with the nearest England and Wales insolvency law equivalent (where relevant) Absolute insolvency Meaning: When a person’s liabilities are greater than the overall worth of their assets. Nearest English equivalent: Balance sheet insolvency. Accountant in Bankruptcy (AiB) Meaning: A Scottish Government agency overseeing the regulation of personal bankruptcy (sequestration and Protected Trust Deeds) in Scotland, and able to serve as trustee in sequestrations where no insolvency practitioner is appointed. It also maintains records of corporate insolvencies in Scotland (receivership and liquidations only) but does not perform the role of Official Receiver. See Practice Note: Scotland: the Accountant in Bankruptcy. Nearest English equivalent: N/A. Accountant of Court Meaning: A court-appointed officer within Scottish Courts and Tribunals who administers funds consigned to the Accountant of Court pursuant to a Court of Session interlocutor or during liquidation proceedings. They oversee Judicial Factors or Administrators appointed by the Court to manage estates...