Rule 3.17.3 Applications for release of detained cash or detained propertyF1F3
An application to the sheriff under—
paragraph 5(2) (application for release of detained cash) or paragraph 9(1) (application by person who claims that cash belongs to that person) must be made—
in the course of proceedings for an order under paragraph 3(2); or
where an order has been made under paragraph 3(2), by minute in the process of the application for that order;
paragraph 10F (release of detained property) must be made—
in the course of proceedings for an order under paragraph 10D(1); or
where an order has been made under paragraph 10D(1), by minute in the process of the application for that order;
paragraph 10O (victims) must be made—
in the course of proceedings for an order under paragraph 10D(1) or 10G(2) (forfeiture); or
where an order under paragraph 10D(1) or 10G(2) has been made, by minute in the process of the application for that order.
On the lodging of such an application the sheriff shall–
fix a date for a hearing; and
order service of the application together with notice of such hearing on the procurator fiscal and any other person whom he considers may be affected by the granting of such an application.
Annotations
Textual amendments
- F1
Ch. 3 Pt. 17 inserted (8.3.2002) by Act of Sederunt (Summary Applications, Statutory Applications and Appeals etc. Rules) Amendment (Detention and Forfeiture of Terrorist Cash) 2002 (S.S.I. 2002/129), paras. 1(1), 2(2)
- F2
Rule 3.17.3(1) substituted (1.6.2019) by Act of Sederunt (Rules of the Court of Session 1994 and Summary Applications, Statutory Applications and Appeals etc. Rules 1999 Amendment) (Proceeds of Crime) 2019 (S.S.I. 2019/146), paras. 1(2), 3(2)(b)(ii)
- F3
Words in rule 3.17.3 heading inserted (1.6.2019) by Act of Sederunt (Rules of the Court of Session 1994 and Summary Applications, Statutory Applications and Appeals etc. Rules 1999 Amendment) (Proceeds of Crime) 2019 (S.S.I. 2019/146), paras. 1(2), 3(2)(b)(i)