ExplanationsS
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—S
(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.
(3)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.
Textual Amendments
F1Words in Sch. 5 para. 30(3)(a) substituted (28.3.2011) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), s. 206(1), sch. 7 para. 69; S.S.I. 2011/178, art. 2, sch.
Modifications etc. (not altering text)
C1Sch. 5 para. 30(3) excluded (1.6.2018) by The Terrorism Act 2000 (Enforcement in Different Parts of the United Kingdom) Order 2018 (S.I. 2018/521), arts. 1, 20(5)(a) (with art. 20(1))
C2Sch. 5 para. 30(3) applied (1.6.2018) by The Terrorism Act 2000 (Enforcement in Different Parts of the United Kingdom) Order 2018 (S.I. 2018/521), arts. 1, 31(5)(b) (with art. 31(1))
C3Sch. 5 para. 30(3) excluded (1.6.2018) by The Terrorism Act 2000 (Enforcement in Different Parts of the United Kingdom) Order 2018 (S.I. 2018/521), arts. 1, 8(5)(a) (with art. 8(1))
C4Sch. 5 para. 30(3) applied (1.6.2018) by The Terrorism Act 2000 (Enforcement in Different Parts of the United Kingdom) Order 2018 (S.I. 2018/521), arts. 1, 32(5)(b) (with art. 32(1))