Part 8

Investigations
Chapter 3

Scotland

Evidence overseas

Evidence overseas: restrictions on use
408B
1
This section applies to evidence obtained by means of a request for assistance under section 408A.
2
The evidence must not be used for any purpose other than—
a
for the purposes of the investigation for which it was obtained, or
b
for the purposes of proceedings described in subsection (3) or any proceedings arising out of such proceedings.
3
Those proceedings are—
a
if the request was made for the purposes of a civil recovery investigation, proceedings under Chapter 2 of Part 5 of this Act arising out of the investigation;
b
if the request was made for the purposes of a detained cash investigation, proceedings under Chapter 3 of Part 5 of this Act arising out of the investigation.
c
if the request was made for the purposes of a detained property investigation, proceedings under Chapter 3A of Part 5 of this Act arising out of the investigation;
d
if the request was made for the purposes of a frozen funds investigation, proceedings under Chapter 3B of Part 5 of this Act arising out of the investigation;
e
if the request was made for the purposes of a cryptoasset investigation, proceedings under Chapter 3C, 3D, 3E or 3F of Part 5 of this Act arising out of the investigation;
4
Subsection (2) does not apply if the court, tribunal, government or authority to whom the request for assistance was sent consents to the use.
5
The evidence may be received in evidence without being sworn to by anyone, so far as that may be done without unfairness to any party.
Ss. 408A, 408B and cross-heading inserted (22.11.2014 for specified purposes, 1.6.2015 for S. in so far as not already in force) by Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 19 para. 28; S.I. 2014/3098, art. 3; S.I. 2015/964, art. 2(e)
S. 408B(3)(c)(d) inserted (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. 71; S.I. 2018/78, reg. 5(3)(a)(i)(ii); S.I. 2021/724, reg. 4(i)
S. 408B(3)(e) inserted (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(29); S.I. 2024/269, reg. 4(b)(i)(ii); S.I. 2024/1108, reg. 2