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
(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.