Criminal Law (Consolidation) (Scotland) Act 1995

[F1Revenue and Customs warrantsS

23ERevenue and Customs warrantsS

(1)The sheriff may, if satisfied on information on oath given by an authorised officer as to the matters mentioned in subsection (2) below, grant a warrant under subsection (3) below (in this Part, a “Revenue and Customs warrant”).

(2)Those matters are—

(a)that there are reasonable grounds to suspect that a Revenue and Customs offence has been or is being committed; and

(b)that evidence of that offence is to be found in or on premises specified in the information.

(3)A Revenue and Customs warrant is a warrant authorising an officer to—

(a)enter, if necessary by force, the premises specified in the information; and

(b)search those premises,

before the expiry of the period of one month beginning with the day on which the warrant is granted.

(4)The sheriff may, when granting a warrant, impose such conditions as the sheriff considers appropriate.

(5)An officer who enters premises under the authority of a Revenue and Customs warrant may—

(a)subject to any condition imposed under subsection (4) above, take with the officer such other persons (including persons who are not officers) as appear to that officer to be necessary;

(b)subject to subsection (6) below, seize and remove any document or other thing found in or on the premises which the officer has reasonable cause to believe may be required as evidence for the purposes of proceedings in respect of the offence mentioned in subsection (2)(a) above; and

(c)subject to subsections (6) and (7) below—

(i)search or cause to be searched any person found in or on the premises whom the officer has reasonable cause to believe may be in possession of any such document or thing; and

(ii)seize and remove any such document or thing found.

(6)An officer acting under the authority of a Revenue and Customs warrant may, if the officer considers it appropriate, makes copies of any document or thing found in or on the premises or on any person searched under subsection (5)(c) above.

(7)No person may be searched under subsection (5)(c) above except by a person of the same sex.

(8)A sheriff may grant a Revenue and Customs warrant in relation to premises situated in an area of Scotland notwithstanding that it is outside the area of that sheriff and any such warrant may, without being backed or endorsed by another sheriff, be executed throughout Scotland in the same way as it may be executed within the sheriffdom of the sheriff who granted it.

(9)In this section and in sections 23F to 23H of this Act, “premises” includes any place and, in particular—

(a)any vehicle, vessel, aircraft or hovercraft;

(b)any offshore installation (within the meaning of section 12(1) of the Mineral Workings (Offshore Installations) Act 1971); and

(c)any tent or other movable structure.]