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Proceeds of Crime (Scotland) Act 1995

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This is the original version (as it was originally enacted).

23Warrant to search for and seize property

(1)Where—

(a)the sheriff is satisfied, on an application being made to him by the prosecutor—

(i)that proceedings have been, or are likely to be, instituted against a person in Scotland for an offence; and

(ii)that there is reasonable cause to believe that property specified in the application is to be found in a place or in premises specified in the application; and

(b)it appears to him that there are reasonable grounds for thinking that in the event of the person being convicted of the offence a suspended forfeiture order might be made in relation to the property,

he may grant a warrant authorising a person named therein to enter and search the place or premises and seize the property.

(2)Where a court has made a suspended forfeiture order in respect of any property, if it is satisfied on the application of the prosecutor—

(a)that there is reasonable cause to believe that the property is to be found in any place or premises; and

(b)that admission to the place or premises has been refused or that it is reasonably believed that such admission will be refused,

it may grant a warrant authorising a person named therein to enter and search the place or premises and seize the property.

(3)An application for a warrant under subsection (2) above may be made at the same time as an application for a suspended forfeiture order.

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