Act of Adjournal (Criminal Procedure Rules Amendment No. 7) 1997

Citation and commencement

1.—(1) This Act of Adjournal may be cited as the Act of Adjournal (Criminal Procedure Rules Amendment No. 7) 1997 and shall come into force on 21st November 1997.

(2) This Act of Adjournal shall be inserted in the Books of Adjournal.

Amendment of Criminal Procedure Rules

2.—(1) Schedule 2 (criminal procedure rules) to the Act of Adjournal (Criminal Procedure Rules) 1996(1) shall be amended in accordance with this Act of Adjournal.

(2) After rule 37.3 insert–

“Orders under sections 25 and 26

37.4.   An application under section 25 (recall etc. of suspended forfeiture order) or 26 (return of property wrongly confiscated etc.) of the Proceeds of Crime (Scotland) Act 1995 by a person other than the accused to the court shall be made by petition in Form 37.4.

Appeals under section 27

37.5.   An appeal under section 27 of the Proceeds of Crime (Scotland) Act 1995 (appeal against grant or refusal of application under section 25(1) or 26(1)) shall be in Form 37.5.”.

(3) After chapter 37 insert–

“CHAPTER 38 PROCEEDINGS UNDER CRIMINAL LAW (CONSOLIDATION) (SCOTLAND) ACT 1995

Orders to make material available

38.1— (1) An application by the procurator fiscal to the sheriff for an order under section 31(2) of the Criminal Law (Consolidation) (Scotland) Act 1995 (order to make material available in investigation into drug trafficking) shall be made by petition; and section 134 of the Act of 1995 (incidental applications) shall apply to an application under section 31(2) as it applies to an application to which section 134 applies.

(2) The sheriff may make the order sought in the petition under paragraph (1) before intimation of the petition to the person who appears to him to be in possession of the material to which the application relates.

(3) An application by the procurator fiscal for an order under section 31(5) of the Criminal Law (Consolidation) (Scotland) Act 1995 (order allowing constable or person commissioned by Customs and Excise access to premises to obtain material) may be made in the petition applying for an order under section 31(2) of that Act; and paragraph (2) shall apply to an order in respect of a person who appears to the sheriff to be entitled to grant entry to the premises in question as it applies to an order in respect of the person mentioned in that paragraph.

Discharge and variation of orders

38.2.— (1) A person in respect of whom an order has been made under section 31(2) or (5) of the Criminal Law (Consolidation) (Scotland) Act 1995 may apply to the sheriff for discharge or variation of the order in question.

(2) The sheriff may, after hearing the parties, grant or refuse to grant the discharge or variation sought.

Warrants to search premises

38.3.   An application by the procurator fiscal to the sheriff under section 32(1) of the Criminal Law (Consolidation) (Scotland) Act 1995 (authority for search) shall be made by petition; and section 134 of the Act of 1995 (incidental applications) shall apply to an application under section 32(1) as it applies to an application to which section 134 applies.”.

(4) In the Appendix, after Form 36.4-B insert as Forms 37.4 and 37.5 the forms which are in the Schedule.

Rodger of Earlsferry

Lord Justice General, IPD

Edinburgh

31st October 1997