Article 65G Exercise of powers without judicial approvalF1

(1)

An appropriate officer must give a written report to the appointed person in any case where—

(a)

the officer seizes property under article 65B without the approval of the sheriff; and

(b)

any of the property seized is not detained for more than 48 hours.

(2)

An appropriate officer must also give a written report to the appointed person in any case where—

(a)

the officer exercises any of the powers conferred by articles 65C to 65E without the approval of the sheriff; and

(b)

no property is seized under article 65B.

(3)

A report under this article must give particulars of the circumstances which led the officer to believe that—

(a)

the powers were exercisable; and

(b)

it was not practicable to obtain the approval of the sheriff.

(4)

The appointed person means a person appointed for the purposes of this article by the Scottish Ministers.

(5)

The appointed person must not be a person employed under or for the purposes of the Scottish Administration; and the terms and conditions of appointment, including any remuneration or expenses to be paid, are to be determined by the Scottish Ministers.

(6)

The period of 48 hours mentioned in paragraph (1)(b) is to be calculated in accordance with paragraph (7).

(7)

In calculating a period of 48 hours in accordance with this paragraph, no account is to be taken of—

(a)

any Saturday or Sunday;

(b)

Christmas Day;

(c)

Good Friday;

(d)

any day that is a bank holiday under the Banking and Financial Dealings Act 1971 in Scotland; or

(e)

any day prescribed under section 8(2) of the Criminal Procedure (Scotland) Act 1995 as a court holiday in a sheriff court in the sheriff court district within which the power is exercised.

Annotations

Textual amendments

F1: Ch. 1A inserted (30.11.2015) by The Proceeds of Crime Act 2002 (External Requests and Orders) (Amendment) Order 2015 (S.I. 2015/1750), arts. 1(2), 25