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National Security Act 2023

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Changes over time for: Paragraph 26

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There are currently no known outstanding effects for the National Security Act 2023, Paragraph 26. Help about Changes to Legislation

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26(1)The procurator fiscal may apply to a sheriff for an order under this paragraph requiring any person specified in the order to provide an explanation of material—

(a)seized under a warrant under paragraph 25, or

(b)produced or made available to a constable under paragraph 19 or 20.

(2)An application for an order under this paragraph may be made without notice to a sheriff in chambers.

(3)Without prejudice to paragraph 30, an order under this paragraph may require a lawyer to provide the name and address of their client.

(4)A statement by a person in response to a requirement imposed by an order under this paragraph may only be used in evidence against the person—

(a)on a prosecution for an offence under section 44(2) of the Criminal Law (Consolidation) (Scotland) Act 1995, or

(b)on a prosecution for some other offence where in giving evidence they make a statement inconsistent with it.

(5)Paragraphs 23 and 24 apply to orders under this paragraph as they apply to orders made under paragraph 19 or 20.

Commencement Information

I1Sch. 2 para. 26 not in force at Royal Assent, see 100(1)

I2Sch. 2 para. 26 in force at 20.12.2023 by S.I. 2023/1272, reg. 2(a)

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