SCHEDULE 5Investigation of proceeds of ICC crime

Part 1Production or access orders

3Production or access orders: standard orders

1

If it appears to the sheriff that there is in a specified person’s possession, custody or power specified material, or material of a specified description, to which the application relates, the sheriff may order such person either—

a

to produce the material to a constable within a specified period for the constable to take away (a “production order”); or

b

to give a constable access to the material within a specified period (an “access order”).

2

The specified period shall be seven days beginning with the date of the order unless it appears to the sheriff making the order that a longer or shorter period would be appropriate in the particular circumstances of the application.

3

Where an access order is made in relation to material on any premises the sheriff may, on the application of a constable, order any person who appears to the sheriff to be entitled to grant entry to the premises to allow a constable to enter the premises to obtain access to the material.

4

In sub-paragraphs (1) and (2) above “specified” means specified in the order.

5

Where a production or access order is made by virtue of paragraph 4 below, the provisions of this paragraph shall have effect subject to the modifications specified in that paragraph.