Part 8Investigations

Chapter 3Scotland

Search warrants

I1390 Further provisions: confiscation, civil recovery F1, detained cash F6, detained property, frozen funds and money laundering

1

This section applies to search warrants sought for the purposes of confiscation investigations, civil recovery investigations F2, detained cash investigationsF7, detained property investigations, frozen funds investigations or money laundering investigations.

2

A warrant continues in force until the end of the period of one month starting with the day on which it is issued.

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A warrant authorises the person executing it to require any information which is held in a computer and is accessible from the premises specified in the application for the warrant, and which the proper person believes relates to any matter relevant to the investigation, to be produced in a form—

a

in which it can be taken away, and

b

in which it is visible and legible.

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Copies may be taken of any material seized under a warrant.

5

A warrant issued in relation to a civil recovery investigation F8F3or a detained cash investigationF8, a detained cash investigation, a detained property investigation or a frozen funds investigation may be issued subject to conditions.

6

A warrant issued in relation to a civil recovery investigation F9F4or a detained cash investigationF9, a detained cash investigation, a detained property investigation or a frozen funds investigation may include provision authorising the person executing it to do other things which—

a

are specified in the warrant, and

b

need to be done in order to give effect to it.

7

Material seized under a warrant issued in relation to a civil recovery investigation F10F5or a detained cash investigationF10, a detained cash investigation, a detained property investigation or a frozen funds investigation may be retained for so long as it is necessary to retain it (as opposed to copies of it) in connection with the investigation for the purposes of which the warrant was issued.

8

But if the Scottish Ministers have reasonable grounds for believing that—

a

the material may need to be produced for the purposes of any legal proceedings, and

b

it might otherwise be unavailable for those purposes,

it may be retained until the proceedings are concluded.