F1Part II Proceeds of Crime and Property used in Crime
C1Chapter II Forfeiture of Property used in Crime
Pt. II Ch. II (ss. 87-93) excluded (31.3.1996) by 1988 c. 53, s. 33A (as inserted by 1995 c. 20, s. 117(1), Sch. 6 Pt. II, para. 188); S.I. 1995/517, art. 3(2)
89 Warrant to search for and seize property.
1
Where—
a
the sheriff is satisfied, on an application being made to him by the prosecutor—
i
that proceedings have been, or are likely to be, instituted against a person in Scotland for an offence; and
ii
that there is reasonable cause to believe that property specified in the application is to be found in a place or in premises specified in the application; and
b
it appears to him that there are reasonable grounds for thinking that in the event of the person being convicted of the offence a suspended forfeiture order might be made in relation to the property,
he may grant a warrant authorising a person named therein to enter and search the place or premises and seize the property.
2
Where a court has made a suspended forfeiture order in respect of any property, if it is satisfied on the application of the prosecutor—
a
that there is reasonable cause to believe that the property is to be found in any place or premises; and
b
that admission to the place or premises has been refused or that it is reasonably believed that such admission will be refused,
it may grant a warrant authorising a person named therein to enter and search the place or premises and seize the property.
3
An application for a warrant under subsection (2) above may be made at the same time as an application for a suspended forfeiture order.
Act repealed (S.)(1.4.1996, except ss. 20(3)(5), 66) by 1995 c. 40, ss. 4, 6, 7(2), Sch. 3 Pt. II paras. 16(3), 17, Sch. 5; the repeal having effect in relation to s. 20(3)(5) on 1.4.1997 by virtue of 1995 c. 40, ss. 4, 6, Sch. 3 Pt. II para. 17, Sch. 5; 1995 c. 36, s. 105(4), Sch. 4 para. 60; S.I. 1996/3201, art. 3(7) and in relation to s. 66 on 1.8.1997 by virtue of 1997 c. 48, s. 62(1)(2), Sch. 1 para. 16, Sch. 3; S.I. 1997/1712, art. 3, Sch.