# Act of Adjournal (Criminal Procedure Rules) 1996, Paragraph 39.1: Orders to make material available


(1) An application by the procurator fiscal to the sheriff for an order under section 31(2) of the Criminal Law (Consolidation) (Scotland) Act 1995 (order to make material available in investigation into drug trafficking) shall be made by petition; and section 134 of the Act of 1995 (incidental applications) shall apply to an application under section 31(2) as it applies to an application to which section 134 applies.
(2) The sheriff may make the order sought in the petition under paragraph (1) before intimation of the petition to the person who appears to him to be in possession of the material to which the application relates.
(3) An application by the procurator fiscal for an order under section 31(5) of the Criminal Law (Consolidation) (Scotland) Act 1995 (order allowing constable or person commissioned by Customs and Excise access to premises to obtain material) may be made in the petition applying for an order under section 31(2) of that Act; and paragraph (2) shall apply to an order in respect of a person who appears to the sheriff to be entitled to grant entry to the premises in question as it applies to an order in respect of the person mentioned in that paragraph.

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Source: https://www.legislation.gov.uk/uksi/1996/513/schedule/2/paragraph/39.1 (the official version)
Page: https://openlegislation.uk/act-of-adjournal-criminal-procedure-rules-1996/schedule-2/paragraph-39.1
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.