Part 8Investigations

Chapter 3Scotland

Production orders

380 Production orders

(1)

The sheriff may, on an application made to him by the appropriate person, make a production order if he is satisfied that each of the requirements for the making of the order is fulfilled.

(2)

In making a production order in relation to F1... a civil recovery investigation F2, a detained cash investigation, a detained property investigation F3or a frozen funds investigation F3, a frozen funds investigation or a cryptoasset investigation , the sheriff shall act in the exercise of his civil jurisdiction.

(3)

The application for a production order must state that—

(a)

a person specified in the application is subject to a confiscation investigation F4, a civil recovery investigation or a money laundering investigation, or

(b)

property specified in the application is subject to a civil recovery investigation F5, a detained cash investigation, a detained property investigation F6or a frozen funds investigation F6, a frozen funds investigation or a cryptoasset investigation.

(4)

The application must also state that—

(a)

the order is sought for the purposes of the investigation;

(b)

the order is sought in relation to material, or material of a description, specified in the application;

(c)

a person specified in the application appears to be in possession or control of the material.

(5)

A production order is an order either—

(a)

requiring the person the application for the order specifies as appearing to be in possession or control of material to produce it to a proper person for him to take away, or

(b)

requiring that person to give a proper person access to the material,

within the period stated in the order.

(6)

The period stated in a production order must be a period of seven days beginning with the day on which the order is made, unless it appears to the sheriff that a longer or shorter period would be appropriate in the particular circumstances.