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International Criminal Court (Scotland) Act 2001

Part 1 – Production or access orders

51.Part 1 sets out the provisions which govern the making of court orders or warrants for the production of, or access to, material. Paragraph 2 sets out the grounds upon which the court may make an order under this Part.

52.Paragraph 3 provides that a standard production or access order will require a named individual either to produce the specified material or material of a specified description to a constable (production order) or to give the constable access to this material (access order). The material should be produced within a specified period, normally 7 days, although this can be shortened or lengthened by the court.

53.Paragraph 4 provides that a special production or access order may be made in relation to a person if the sheriff thinks it is likely that the person will have relevant material in his or her possession within 28 days. Such an order will require a named individual to notify a named constable when the information comes into his or her possession. This provision will allow for information that will in the future come into a person’s possession (or come into existence) to be obtained quickly. It is substantially based on Schedule 5 to the Terrorism Act 2000.

54.Part 1 of the schedule contains further provision concerning the procedure in relation to orders (paragraph 5) and the effect of such orders (paragraph 6).

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Text created by the Scottish Executive department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills

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