172Use of evidence obtained from prosecutorS
(1)This section applies where an application is made to the sheriff—
(a)to determine whether a section 67 ground is established, or
(b)to review a grounds determination.
(2)The Principal Reporter may request a prosecutor to give the Principal Reporter evidence held by the prosecutor in connection with the investigation of a crime or suspected crime if the Principal Reporter considers that the evidence might assist the sheriff in determining the application.
(3)The request may relate only to evidence lawfully obtained in the course of the investigation.
(4)The prosecutor may refuse to comply with the request if the prosecutor reasonably believes that it is necessary to retain the evidence for the purposes of any proceedings in respect of a crime (whether or not the proceedings have already commenced).
Commencement Information
I1S. 172 in force at 24.6.2013 by S.S.I. 2013/195, arts. 2, 3