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Rule 3.19.3 Applications for release of detained cash or detained propertyF1F4

(F21)

An application to the sheriff under—

(a)

section 297(3) (application for release of detained cash) must be made—

(i)

in the course of proceedings for an order under section 295(2); or

(ii)

where an order has been made under section 295(2), by minute in the process of the application for that order;

(b)

section 301(1) (application by person who claims that cash belongs to that person) must be made—

(i)

in the course of proceedings for an order under section 295(2) or 298 (forfeiture); or

(ii)

where an order has been made under section 295(2) or 298, by minute in the process of the application for that order;

(c)

section 303N (release of detained property) must be made—

(i)

in the course of proceedings for an order under section 303L(1)(b); or

(ii)

where an order has been made under section 303L(1)(b), by minute in the process of the application for that order;

(d)

section 303V (victims and other owners) must be made—

(i)

in the course of proceedings for an order under section 303L(1)(b) or 303O(3) (forfeiture); or

(ii)

where an order has been made under section 303L(1)(b) or 303O(3), by minute in the process of the application for that order;

(F3e)

article 213S of the 2005 Order (victims and other owners) must be made—

(i)

in the course of proceedings for an order under article 213L(1) (forfeiture); or

(ii)

where an order has been made under article 213L(1), by minute in the process of the application for that order.

(2)

On the lodging of such an application the sheriff shall–

(a)

fix a date for a hearing; and

(b)

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. 19 inserted (30.12.2002) by Act of Sederunt (Summary Applications, Statutory Applications and Appeals etc. Rules) Amendment (No. 5) (Proceeds of Crime Act 2002) 2002 (S.S.I. 2002/563), paras. 1(b), 2(2)

F2

Rule 3.19.3(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(3)(d)(ii)

F3

Rule 3.19.3(1)(e) inserted (28.12.2019) 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) (No. 2) 2019 (S.S.I. 2019/405), paras. 1(2), 3(3)

F4

Words in rule 3.19.3 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(3)(d)(i)

Notes on Recovery of cash or further detention of seized property in summary proceedings

Textual amendments

F2

Words in rule 3.19.2 cross-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(3)(c)(i)