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Act of Adjournal (Criminal Procedure Rules Amendment No. 5) (Miscellaneous) 2009

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Crime (International Co-operation) Act 2003: overseas freezing orders

2.—(1) After rule 36.9 of the Criminal Procedure Rules 1996 (proceedings before a nominated court)(1) insert—

Time period for consideration of overseas freezing order

36.9A.(1) This rule applies where the Lord Advocate has nominated a sheriff to give effect to an overseas freezing order under section 21(2) of the Act of 2003 (considering the overseas freezing order).

(2) Subject to paragraph (3), the sheriff shall consider the order no later than the day after receipt of the order.

(3) The sheriff may, exceptionally, consider the order later than the period prescribed in paragraph (2) but shall do so no later than 5 days after receipt of the order.

(4) Where the day mentioned in paragraph (2) or the last day of the period mentioned in paragraph (3) falls on a Saturday, Sunday or court holiday, such period shall extend to and include the next day which is not a Saturday, Sunday or court holiday.

(5) In calculating the period mentioned in paragraph (3), any Saturday, Sunday or court holiday that falls within that period shall be disregarded.

Form of warrant for seizure and retention of evidence

36.9B.  A warrant under section 22(1) of the Act of 2003 (giving effect to the overseas freezing order) shall be in Form 36.9B.

Application for release of evidence

36.9C.  An application under section 25(1) of the Act of 2003 (release of evidence held under overseas freezing order) shall be in Form 36.9C..

(2) After Form 36.8D in the appendix to the Criminal Procedure Rules 1996(2) insert Forms 36.9B and 36.9C set out in Part 1 of the Schedule to this Act of Adjournal.

(1)

The Criminal Procedure Rules 1996 are contained in Schedule 2 to the Act of Adjournal (Criminal Procedure Rules) 1996 (S.I. 1996/513, last amended by S.S.I. 2009/322).

(2)

Form 36.8-D was inserted by S.S.I. 2004/195.

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