C1C2PART II Forfeiture of Property used in Crime
Pt. II (ss. 21-27) restricted (1.4.1996) by 1995 c. 40, ss. 4, 7(2), Sch. 3 Pt. II para. 15(2)
Pt. II (ss. 21-27) restricted (1.4.1996) by 1998 c. 53, s. 33A (as inserted (1.4.1996) by 1995 c. 40, ss. 5, 7(2), Sch. 4 para. 71(6)
Pt. II (ss. 21-27) applied (with modifications) (1.5.1999) by S.I. 1999/675, art. 4, Sch. 3 paras. 2-7
23 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.
Pt. 2 excluded (8.2.2007) by Wireless Telegraphy Act 2006 (c. 36), ss. 103, 126(2), Sch. 5 para. 7(b)