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Part 3 SConfiscation: Scotland

[F1Search and seizure powersS


Amendments (Textual)

F1Ss. 127A-127R and cross-heading inserted (22.11.2014 for the insertion of ss. 127A, 127G, 127R for specified purposes, 1.6.2015 in so far as not already in force) by Policing and Crime Act 2009 (c. 26), ss. 56(2), 116(1); S.I. 2014/3101, art. 3; S.I. 2015/983, art. 2(2)(a)

127KFurther detention pending making of restraint orderS

(1)This section applies if—

(a)property is detained under section 127J, and

(b)no restraint order is in force in respect of the property.

(2)If within the period mentioned in section 127J an application is made for a restraint order which includes provision under section 120A authorising detention of the property, the property may be detained until the application is determined or otherwise disposed of.

(3)If such an application is made within that period and the application is refused, the property may be detained until there is no further possibility of an appeal against (or review of)—

(a)the decision to refuse the application, or

(b)any decision made on an appeal against (or review of) that decision.

(4)In subsection (2) the reference to the period mentioned in section 127J includes that period as extended by any order under section 127M.]