F1Part II Proceeds of Crime and Property used in Crime
Chapter I Confiscation of the Proceeds of Crime
Investigations and disclosure of information
85 Authority for search.
1
The procurator fiscal may, for the purpose of an investigation into whether a person has benefited from the commission of an offence to which this Chapter applies and as to the amount of that benefit, apply to the sheriff for a warrant under this section in relation to specified premises.
2
On such application the sheriff may issue a warrant authorising a constable to enter and search the premises if the sheriff is satisfied—
a
that an order made under section 84 of this Act in relation to material on the premises has not been complied with; or
b
that the conditions in subsection (3) below are fulfilled; or
c
that the conditions in subsection (4) below are fulfilled.
3
The conditions referred to in subsection (2)(b) above are—
a
that there are reasonable grounds for suspecting that a specified person has benefited from the commission of an offence to which this Chapter applies; and
b
that the conditions in section 84(4)(b) and (c) of this Act are fulfilled in relation to any material on the premises; and
c
that it would not be appropriate to make an order under that section in relation to the material because—
i
it is not practicable to communicate with any person entitled to produce the material; or
ii
it is not practicable to communicate with any person entitled to grant access to the material or entitled to grant entry to the premises on which the material is situated; or
iii
the investigation for the purposes of which the application is made might be seriously prejudiced unless a constable could secure immediate access to the material.
4
The conditions referred to in subsection (2)(c) above are—
a
that there are reasonable grounds for suspecting that a specified person has benefited from the commission of an offence to which this Chapter applies; and
b
that there are reasonable grounds for suspecting that there is on the premises material relating to the specified person, or to the question whether that person has so benefited or the amount of that benefit, which is likely to be of substantial value (whether by itself or together with other material) to the investigation for the purpose of which the application is made, but that the material cannot at the time of the application be particularised; and
c
that—
i
it is not practicable to communicate with any person entitled to grant entry to the premises; or
ii
entry to the premises will not be granted unless a warrant is produced; or
iii
the investigation for the purpose of which the application is made might be seriously prejudiced unless a constable arriving at the premises could secure immediate entry to them.
5
Where a constable has entered premises in the execution of a warrant issued under this section, he may seize and retain any material, other than items subject to legal privilege, which is likely to be of substantial value (whether by itself or together with other material) to the investigation for the purpose of which the warrant was issued.
6
Subsection (10) of section 84 of this Act shall apply for the purposes of this section as it applies for the purposes of that section.
Act repealed (S.)(1.4.1996, except ss. 20(3)(5), 66) by 1995 c. 40, ss. 4, 6, 7(2), Sch. 3 Pt. II paras. 16(3), 17, Sch. 5; the repeal having effect in relation to s. 20(3)(5) on 1.4.1997 by virtue of 1995 c. 40, ss. 4, 6, Sch. 3 Pt. II para. 17, Sch. 5; 1995 c. 36, s. 105(4), Sch. 4 para. 60; S.I. 1996/3201, art. 3(7) and in relation to s. 66 on 1.8.1997 by virtue of 1997 c. 48, s. 62(1)(2), Sch. 1 para. 16, Sch. 3; S.I. 1997/1712, art. 3, Sch.