EXPLANATORY NOTE
(This note is not part of the Act of Adjournal)
This Act of Adjournal amends Chapter 37AA (Proceedings under the Proceeds of Crime Act 2002) and Chapter 43 (Terrorism Act 2000 and Anti-terrorism, Crime and Security Act 2001) of the Criminal Procedure Rules 1996 in consequence of amendments made to the Proceeds of Crime Act 2002 and the Terrorism Act 2000 (“the 2000 Act”) by the Criminal Finances Act 2017.
It also inserts a new Chapter 66 (Review of liberation conditions and authorisation for questioning) in consequence of the commencement of Part 1 of the Criminal Justice (Scotland) Act 2016.
Paragraph 2(2)(a) provides that applications for seized money to be paid to the court may be made orally or by minute.
Paragraph 2(2)(b) extends the application of rule 37AA.10(1), which provides that certain specified applications are made by petition, to money laundering investigations.
Paragraph 2(3) provides that applications for, or for variation or discharge of, a disclosure order under schedule 5A of the Act of 2000 are to be made by petition.
Paragraph 2(4) inserts the new Chapter 66.
New rule 66.2 prescribes the form in which an application for review of investigative liberation conditions is to be made and the form of the order. When an application is lodged, the court must order the application to be intimated to the procurator fiscal and appoint a hearing in private within 7 days at which the applicant must be personally present.
New rule 66.3 makes similar provision for an application to vary undertaking conditions.
New rule 66.4 prescribes the form in which an application for authorisation for questioning is to be made and the form of the order. When an application is lodged, the court must appoint a hearing to take place in private and, if the person in respect of whom the authorisation is sought has already appeared in court or is the subject of a warrant to arrest, the court must intimate the application to that person and give the person an opportunity to make representations at the hearing.
With the exception of paragraph 2(2) and (3), the Act of Adjournal comes into force on 25th January 2018. Paragraph 2(2) and (3) come into force on 31st January 2018.