2U.K.An order under paragraph 1 may be made only on the application of—
(a)in England and Wales or Northern Ireland, a police officer of at least the rank of superintendent, or
(b)in Scotland, the procurator fiscal.
3U.K.An order under paragraph 1 may be made only by—
(a)in England and Wales, a Circuit judge,
(b)in Scotland, the sheriff, or
(c)in Northern Ireland, a [F1Crown Court judge].
Textual Amendments
F1Words in Sch. 6 para. 3(c) substituted (7.7.2002) by 2001 c. 24, ss. 121(4); S.I. 2002/1558, art. 2
4(1)[F2Criminal Procedure Rules] may make provision about the procedure for an application under paragraph 1.U.K.
(2)The High Court of Justiciary may, by Act of Adjournal, make provision about the procedure for an application under paragraph 1.
[F3(3)Crown Court Rules may make provision about the procedure for an application under paragraph 1.]
Textual Amendments
F2Words in Sch. 6 para. 4(1) substituted (1.9.2004 subject to saving in art. 3 of the commencing S.I.) by Courts Act 2003 (c. 39), s. 109(1), Sch. 8 para. 390(2); S.I. 2004/2066, art. 2
F3Sch. 6 para. 4(3) inserted (1.9.2004 subject to saving in art. 3 of the commencing S.I.) by Courts Act 2003 (c. 39), s. 109(1), Sch. 8 para. 390(3); S.I. 2004/2066, art. 2