Schedules

C1Schedule 2Powers of entry, search and seizure

Annotations:
Modifications etc. (not altering text)
C1

Sch. 2 applied (20.12.2023) by 1989 c. 6, s. 11(3) (as substituted by National Security Act 2023 (c. 32), s. 100(1), Sch. 18 para. 6(3)(a) (with s. 97); S.I. 2023/1272, reg. 2(f))

Part 2Scotland

I1I226Explanations

1

The procurator fiscal may apply to a sheriff for an order under this paragraph requiring any person specified in the order to provide an explanation of material—

a

seized under a warrant under paragraph 25, or

b

produced or made available to a constable under paragraph 19 or 20.

2

An application for an order under this paragraph may be made without notice to a sheriff in chambers.

3

Without prejudice to paragraph 30, an order under this paragraph may require a lawyer to provide the name and address of their client.

4

A statement by a person in response to a requirement imposed by an order under this paragraph may only be used in evidence against the person—

a

on a prosecution for an offence under section 44(2) of the Criminal Law (Consolidation) (Scotland) Act 1995, or

b

on a prosecution for some other offence where in giving evidence they make a statement inconsistent with it.

5

Paragraphs 23 and 24 apply to orders under this paragraph as they apply to orders made under paragraph 19 or 20.