Part 8Investigations

Chapter 3Scotland

Production orders

I1380 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 F2... a civil recovery investigation F4, a detained cash investigation, a detained property investigation F1or a frozen funds investigationF1, 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 F5, a civil recovery investigation or a money laundering investigation, or

b

property specified in the application is subject to a civil recovery investigation F6, a detained cash investigation, a detained property investigation F3or a frozen funds investigationF3, 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.

C2C15

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.