Act of Adjournal (Criminal Procedure Rules Amendment No. 7) 1997

Paragraph 2(2)

SCHEDULE

Rule 37.4

FORM 37.4 Form of petition under section 25 or 26 of the Proceeds of Crime (Scotland) Act 1995

UNTO THE RIGHT HONOURABLE THE LORD JUSTICE GENERAL, THE LORD JUSTICE CLERK and LORDS COMMISSIONERS OF JUSTICIARY

[or UNTO THE HONOURABLE THE SHERIFF OF (name of sheriffdom)

AT (place)]

PETITION

of

[A.B.] (address)

PETITIONER

HUMBLY SHEWETH:

1.  That the Petitioner is (name) and resides at (address).

2.  That on (date) the court in the case of Her Majesty’s Advocate [or Procurator Fiscal] against (name and address) made an order under section 21 of the Proceeds of Crime (Scotland) Act 1995 forfeiting (specify property and, for heritable property in Scotland, state conveyancing description (unless already stated in suspended forfeiture order) and date and county of recording of a certified copy of the suspended forfeiture order in the General Register of Sasines or, as the case may be, the Title Number under which a certified copy of the suspended forfeiture order was registered in the Land Register of Scotland).

3.  That (state the relevant facts in support of grant of order).

• MAY IT THEREFORE please your Lordship(s):

(1) to appoint intimation of this petition to be made to (specify);

(2) to appoint parties to be heard thereon on the earliest practicable date thereafter; and

(3) thereafter, on being duly satisfied in terms of section 25(1)(a) [or section 26(1)(a)] of the Proceeds of Crime (Scotland) Act 1995, to make an order under section 25 [ or section 26] of that Act; and to do further or otherwise as to your Lordship(s) shall seem proper.

• ACCORDING TO JUSTICE, etc

• (Signed)

• Petitioner

• [or Solicitor for Petitioner]

• (Address and telephone number of Solicitor)

Rule 37.5

FORM 37.5 Form of note of appeal under section 27 of the Proceeds of Crime (Scotland) Act 1995

IN THE HIGH COURT OF JUSTICIARY

[or IN THE SHERIFF COURT]

AT

(place)

NOTE OF APPEAL

under the Proceeds of Crime (Scotland) Act 1995

by

[A.B.] (address)

APPELLANT

against

[C.D.] (address)

RESPONDENT

1.  The appellant appeals to the High Court of Justiciary against the refusal of an application under section 25(1) [or the granting of an application under section 26(1)] of the Proceeds of Crime (Scotland) Act 1995 in the above court on (date).

2.  The ground(s) of appeal is (are):

• (here set out the ground(s))

• (Signed)

• Appellant

• [or Solicitor for appellant]

• (Address and telephone number of solicitor)

(Place and date)