(97)  Drug trafficking confiscation orders not a breach of human rights

On 5 February 2001 the Privy Council held, in HM Advocate v McIntosh 2001 GWD 6-206, The Times 8 Feb 2001, that the assumptions which, unless shown to be incorrect, a court is entitled to make that property of or expenditure by a person convicted of a drug trafficking offence were the proceeds of drug trafficking and thus liable to confiscation under the Proceeds of Crime (Scotland) Act 1995, are not incompatible with the presumption of innocence under Article 6(2) of the European Convention of Human Rights.  The contrary decision of the High Court of Justiciary (2000 SLT 1280, below, no 89) was over-turned.

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