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Criminal Law (Consolidation) (Scotland) Act 1995
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Criminal Law (Consolidation) (Scotland) Act 1995, Section 23G is up to date with all changes known to be in force on or before 26 April 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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[F123GAccess to and copies of documents etc removedS
(1)This section applies where—
(a)a document is removed under a production order;
(b)a document or other thing is removed under a Revenue and Customs warrant.
(2)A person mentioned in subsection (3) below may apply to the officer in overall charge of the investigation to which the order or warrant relates—
(a)for access to the document or thing; or
(b)for a copy or photograph of it.
(3)The persons referred to in subsection (2) above are—
(a)in the case of a document removed under a production order—
(i)a haver; or
(ii)a person acting on behalf of the haver;
(b)in the case of a document or thing removed under a Revenue and Customs warrant, a person who had possession or control of the document or thing before it was removed.
(4)Unless subsection (5) below applies, the officer in overall charge of the investigation shall—
(a)in a case to which subsection (2)(a) above applies, allow the applicant supervised access to the document or thing; or
(b)in a case to which subsection (2)(b) above applies—
(i)allow the applicant supervised access to the document or thing for the purposes of photographing or copying it; or
(ii)photograph or copy the document or thing (or cause it to be so photographed or copied) and provide the applicant with such a photograph or copy within a reasonable time.
(5)The officer in overall charge need not comply with subsection (4) above where that officer has reasonable grounds for believing that to do so would prejudice—
(a)the investigation;
(b)the investigation of a Revenue and Customs offence other than the offence for the purposes of the investigation of which the document or thing was removed; or
(c)any criminal proceedings which may be brought as a result of any investigation mentioned in paragraph (a) or (b) above.
(6)In subsection (4) above, “supervised access” means access under the supervision of an officer approved by the officer in overall charge of the investigation.]
Textual Amendments
F1Ss. 23A-23P and cross-headings inserted (1.12.2007) by Finance Act 2007 (c. 11), s. 85, Sch. 23 paras. 3, 14; S.I. 2007/3166, art. 3
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