Part 8Investigations

Chapter 3Scotland

F1Evidence overseas

Annotations:
Amendments (Textual)
F1

Ss. 408A, 408B and cross-heading inserted (22.11.2014 for specified purposes, 1.6.2015 for S. in so far as not already in force) by Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 19 para. 28; S.I. 2014/3098, art. 3; S.I. 2015/964, art. 2(e)

408BEvidence overseas: restrictions on use

1

This section applies to evidence obtained by means of a request for assistance under section 408A.

2

The evidence must not be used for any purpose other than—

a

for the purposes of the investigation for which it was obtained, or

b

for the purposes of proceedings described in subsection (3) or any proceedings arising out of such proceedings.

3

Those proceedings are—

a

if the request was made for the purposes of a civil recovery investigation, proceedings under Chapter 2 of Part 5 of this Act arising out of the investigation;

b

if the request was made for the purposes of a detained cash investigation, proceedings under Chapter 3 of Part 5 of this Act arising out of the investigation.

F2c

if the request was made for the purposes of a detained property investigation, proceedings under Chapter 3A of Part 5 of this Act arising out of the investigation;

d

if the request was made for the purposes of a frozen funds investigation, proceedings under Chapter 3B of Part 5 of this Act arising out of the investigation;

4

Subsection (2) does not apply if the court, tribunal, government or authority to whom the request for assistance was sent consents to the use.

5

The evidence may be received in evidence without being sworn to by anyone, so far as that may be done without unfairness to any party.