Part 3

Confiscation: Scotland

Search and seizure powers

Exercise of powers without judicial approval
127H
1
An appropriate officer must give a written report to the appointed person in any case where—
a
the officer seizes property under section 127C without the approval of the sheriff, and
b
any of the property seized is not detained for more than 48 hours.
2
An appropriate officer must also give a written report to the appointed person in any case where—
a
the officer exercises any of the powers conferred by sections 127D, 127E and 127F without the approval of the sheriff, and
b
no property is seized under section 127C.
3
A report under this section must give particulars of the circumstances which led the officer to believe that—
a
the powers were exercisable, and
b
it was not practicable to obtain the approval of the sheriff.
4
The appointed person means a person appointed for the purposes of this subsection by the Scottish Ministers.
5
The appointed person must not be a person employed under or for the purposes of the Scottish Administration; and the terms and conditions of appointment, including any remuneration or expenses to be paid, are to be determined by the Scottish Ministers.
6
The period of 48 hours mentioned in subsection (1)(b) is to be calculated in accordance with subsection (7).
7
In calculating a period of 48 hours in accordance with this subsection, no account is to be taken of—
a
any Saturday or Sunday,
b
Christmas Day,
c
Good Friday,
d
any day that is a bank holiday under the Banking and Financial Dealings Act 1971 in Scotland, or
e
any day prescribed under section 8(2) of the Criminal Procedure (Scotland) Act 1995 as a court holiday in a sheriff court in the sheriff court district within which the power is exercised.
Ss. 127A-127R and cross-heading inserted (22.11.2014 for the insertion of ss. 127A, 127G, 127R for specified purposes, 1.6.2015 in so far as not already in force) by Policing and Crime Act 2009 (c. 26), ss. 56(2), 116(1); S.I. 2014/3101, art. 3; S.I. 2015/983, art. 2(2)(a)
Pt. 3 applied (3.12.2014) by The Criminal Justice and Data Protection (Protocol No. 36) Regulations 2014 (S.I. 2014/3141), reg. 1(b), Sch. 1 para. 11(5)
Pt. 3 applied (20.12.2023) by National Security Act 2023 (c. 32), s. 100(1), Sch. 6 para. 42(4) (with s. 97); S.I. 2023/1272, reg. 2(a)
Pt. 3 applied (20.12.2023) by National Security Act 2023 (c. 32), s. 100(1), Sch. 6 para. 16(5) (with s. 97); S.I. 2023/1272, reg. 2(a)
Pt. 3 functions of administrator extended (24.2.2003) by Proceeds of Crime Act 2002 (Enforcement in different parts of the United Kingdom) Order 2002 (S.I. 2002/3133), arts. 1, 4(1)(a)
Pt. 3 applied (3.12.2014) by The Criminal Justice and Data Protection (Protocol No. 36) Regulations 2014 (S.I. 2014/3141), reg. 1(b), Sch. 1 para. 6(5)
Pt. 3 applied by Terrorism Act 2000 (c. 11), Sch. 8 paras. 17(4A), 34(3A) (as substituted (24.3.2003) by Proceeds of Crime Act 2002 (c. 29), s. 458(1), Sch. 11 para. 39(4)(5); S.S.I. 2003/210, art. 2(1)(b)(2), sch. (with art. 7); S.I. 2003/333, art. 2, Sch.
Pt. 3 applied (12.2.2019 for specified purposes, 13.8.2020 in so far as not already in force) by Counter-Terrorism and Border Security Act 2019 (c. 3), s. 27(1)(g), Sch. 3 para. 39(6) (with s. 25(9)); S.I. 2020/792, reg. 2(g)