SCHEDULES

SCHEDULE 5 Terrorist Investigations: Information

Part II Scotland

Explanations

30

1

The procurator fiscal may apply to the sheriff for an order under this paragraph requiring any person specified in the order to provide an explanation of any material—

a

seized in pursuance of a warrant under paragraph 28, or

b

produced or made available to a constable under paragraph 22.

2

Without prejudice to paragraph 33(1), an order under this paragraph may require a lawyer to provide the name and address of his client.

C1C3C4C23

A statement by a person in response to a requirement imposed by an order under this paragraph may only be used in evidence against him—

a

on a prosecution for an offence under F1 section 44(2) of the Criminal Law (Consolidation) (Scotland) Act 1995 (c.39), or

b

on a prosecution for some other offence where in giving evidence he makes a statement inconsistent with it.

4

Paragraphs 26 and 27 shall apply to orders under this paragraph as they apply to orders under paragraph 22.