Explanatory note

(This note is not part of the Act of Adjournal)

This Act of Adjournal amends the Criminal Procedure Rules 1996 by–

(a)

inserting new rule 37.4 which provides that applications under section 25 (recall etc. of suspected forfeiture order) or section 26 (return of property wrongly confiscated etc.) of the Proceeds of Crime (Scotland) Act 1995 shall be made by petition in new Form 37.4;

(b)

inserting new rule 37.5 which provides that appeals under section 27 of that Act (being appeals against grant or refusal of applications under section 25 or 26 of that Act) shall be made in new Form 37.5; and

(c)

inserting a new chapter 38 to make similar provision as respects applications under section 31(2) and (5) of the Criminal Law (Consolidation) (Scotland) Act 1995 (applications to sheriff where drug trafficking under investigation for orders to make material available to constables or persons commissioned by Customs and Excise) as chapter 37 makes as respects applications under section 18(2) and (5) of the Proceeds of Crime (Scotland) Act 1995.