SCHEDULES

C2SCHEDULE 7 Terrorist Investigations

Annotations:
Modifications etc. (not altering text)

Part II Scotland

Explanation of seized or produced material

C115

1

A sheriff may, on an application made by a procurator fiscal, order any person specified in the order to provide an explanation of any material produced or made available to a constable under paragraph 12 above or seized in pursuance of a warrant under paragraph F211A or 14 above.

2

A person shall not under this paragraph be required to disclose any information which he would be entitled to refuse to disclose on grounds of confidentiality in legal proceedings as being—

a

communications between a professional legal adviser and his client, or

b

communications made in connection with or in contemplation of legal proceedings and for the purposes of those proceedings,

except that a lawyer may be required to furnish the name and address of his client.

3

A statement by a person in response to a requirement imposed by virtue of this section may only be used in evidence against him—

a

on a prosecution for an offence under section 2 of the M1False Oaths (Scotland) Act 1933; or

b

on a prosecution for some other offence where in giving evidence he makes a statement inconsistent with it.

4

Sub-paragraphs (1), (2) and (5) of paragraph 13 above shall apply to orders under this paragraph as they apply to orders under paragraph 12 above.