Paragraph 26 ExplanationsI1I2
United Kingdom
The procurator fiscal may apply to a sheriff for an order under this paragraph requiring any person specified in the order to provide an explanation of material—
seized under a warrant under paragraph 25, or
An application for an order under this paragraph may be made without notice to a sheriff in chambers.
Without prejudice to paragraph 30, an order under this paragraph may require a lawyer to provide the name and address of their client.
A statement by a person in response to a requirement imposed by an order under this paragraph may only be used in evidence against the person—
on a prosecution for an offence under section 44(2) of the Criminal Law (Consolidation) (Scotland) Act 1995, or
on a prosecution for some other offence where in giving evidence they make a statement inconsistent with it.
Paragraphs 23 and 24 apply to orders under this paragraph as they apply to orders made under paragraph 19 or 20.
Annotations
Commencement
- I1
Sch. 2 para. 26 not in force at Royal Assent, see 100(1)
- I2
Sch. 2 para. 26 in force at 20.12.2023 by S.I. 2023/1272, reg. 2(a)
Notes on Schedule 2
Modifications
- C1
Sch. 2 applied (20.12.2023) by 1989 c. 6, s. 11(3) (as substituted by National Security Act 2023 (c. 32), s. 100(1), Sch. 18 para. 6(3)(a) (with s. 97); S.I. 2023/1272, reg. 2(f))