Part 8

Investigations
Chapter 3

Scotland

Search warrants

Search warrants
387
1
The sheriff may, on an application made to him by the appropriate person, issue a search warrant if he is satisfied that either of the requirements for the issuing of the warrant is fulfilled.
2
In issuing a search warrant in relation to ... a civil recovery investigation , a detained cash investigation, a detained property investigation , a frozen funds investigation or a cryptoasset investigation, the sheriff shall act in the exercise of his civil jurisdiction.
3
The application for a search warrant must state that—
a
a person specified in the application is subject to a confiscation investigation , a civil recovery investigation or a money laundering investigation, or
b
property specified in the application is subject to a civil recovery investigation , a detained cash investigation, a detained property investigation , a frozen funds investigation or a cryptoasset investigation.
4
A search warrant is a warrant authorising a proper person—
a
to enter and search the premises specified in the application for the warrant, and
b
to seize and retain any material specified in the warrant which is found there and which is likely to be of substantial value (whether or not by itself) to the investigation for the purposes of which the application is made.
4A
A proper person may, if necessary, use reasonable force in executing a search warrant.
5
The requirements for the issue of a search warrant are—
a
that a production order made in relation to material has not been complied with and there are reasonable grounds for believing that the material is on the premises specified in the application for the warrant, or
b
that section 388 is satisfied in relation to the warrant.
6
An application for a search warrant may be made ex parte to a sheriff in chambers.
Words in s. 387(2) omitted (1.6.2015) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 19 para. 16(2); S.I. 2015/964, art. 2(d) (with art. 3)
Words in s. 387(3)(a) inserted (1.6.2015) by Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 19 para. 16(3); S.I. 2015/964, art. 2(d) (with art. 3)
S. 387 in force at 24.2.2003 by S.I. 2003/120, art. 2, Sch. (with arts. 3, 4) (as amended (20.2.2003) by S.I. 2003/333, art. 14)
S. 387(4) modified (1.4.2003) by The Proceeds of Crime Act 2002 (Investigations in different parts of the United Kingdom) Order 2003 (S.I. 2003/425), arts. 1, 6(2), 16(2)
S. 387(4) modified (1.4.2003) by The Proceeds of Crime Act 2002 (Investigations in different parts of the United Kingdom) Order 2003 (S.I. 2003/425), arts. 1, 16(2)
Words in s. 387(3)(b) substituted (27.4.2017 for specified purposes, 31.1.2018 for E.W.S. for specified purposes, 16.4.2018 for E.W.S. in so far as not already in force, 28.6.2021 for N.I. in so far as not already in force) by Criminal Finances Act 2017 (c. 22), s. 58(5)(6), Sch. 5 para. 64; S.I. 2018/78, reg. 5(3)(a)(i)(ii); S.I. 2021/724, reg. 4(i)
S. 387(4A) inserted (28.4.2008) by Serious Crime Act 2007 (c. 27), ss. 86, 94(3); S.S.I. 2008/152, art. 2
Words in s. 387(2) substituted (27.4.2017 for specified purposes, 31.1.2018 for E.W.S. for specified purposes, 16.4.2018 for E.W.S. in so far as not already in force, 28.6.2021 for N.I. in so far as not already in force) by Criminal Finances Act 2017 (c. 22), s. 58(5)(6), Sch. 5 para. 64; S.I. 2018/78, reg. 5(3)(a)(i)(ii); S.I. 2021/724, reg. 4(i)
Words in s. 387(3)(b) substituted (26.10.2023 for specified purposes, 26.4.2024 for S. for specified purposes, 26.4.2024 for E.W.N.I. in so far as not already in force, 7.11.2024 for S. in so far as not already in force) by Economic Crime and Corporate Transparency Act 2023 (c. 56), s. 219(1)(2)(b), Sch. 9 para. 8(22); S.I. 2024/269, reg. 4(b)(i)(ii); S.I. 2024/1108, reg. 2
Words in s. 387(2) substituted (29.11.2024) by The Criminal Finances Act 2017 and Economic Crime and Corporate Transparency Act 2023 (Consequential Amendments) Regulations 2024 (S.I. 2024/1240), regs. 1(1), 2(5)