PART 2
ASSISTANCE

16 Entry, search and seizure

Where the Scottish Ministers receive from the ICC a request for assistance which appears to them to require the exercise of a power of entry, search or seizure, they may direct the procurator fiscal to apply to the sheriff for a warrant authorising entry, search and seizure by any constable.

The sheriff shall have the same power in relation to an application for a warrant under subsection (1) above as the sheriff has in relation to an application for a warrant at common law.

A warrant granted by virtue of this section may authorise such person as the sheriff considers appropriate to accompany a constable acting in exercise of the warrant ; and
any such person shall be named in the warrant.

SCHEDULE 5

INVESTIGATION OF PROCEEDS OF ICC CRIME


PART 2
SEARCH WARRANTS

A search warrant may be issued under this Part of this schedule by a sheriff on an
application made by a person authorised for the purpose under section 19 of this Act.

9(1) A search warrant issued under this Part of this schedule authorises any constable—
(a) to enter and search the premises specified in the warrant ;
to seize and retain any material found on the search that is likely to be of substantial value (whether by itself or together with other material) to the investigation for the purposes of which the warrant was issued ; and
for the purposes of exercising the powers mentioned in sub-paragraphs (a) and (b) above, to open lockfast places on premises specified in the warrant.

(2) The warrant does not confer any right to seize material that consists of or includes items subject to legal privilege.

10(1) The sheriff may issue a search warrant under this Part of this schedule in the cases mentioned in sub-paragraphs (2), (3) and (5) below.

(2) The case is where the sheriff is satisfied that a production or access order made in relation to material on the premises has not been complied with.

(3) The case is where the sheriff is satisfied —
that there are reasonable grounds for suspecting that a specified person has benefited from an ICC crime ;
that there are grounds for making a production or access order in relation to material on the premises ; and
that it would not be appropriate to make a production or access order in relation to the material for any of the reasons mentioned in sub-paragraph (4) below.

(4) The reasons are—
that it is not practicable to communicate with any person entitled to produce the materia l;
that it is not practicable to communicate with any person entitled to grant access to the material or entitled to grant entry to the premises on which the material is situated ; or
that the investigation for the purposes of which the application is made might be seriously prejudiced unless a constable could secure immediate access to the material.

(5) The case is where the sheriff is satisfied—
(a) that there are reasonable grounds for suspecting that a specified person has benefited from an ICC crime ;
(b) that there are reasonable grounds for suspecting that there is material on the premises which cannot be particularised at the time of the application but which relates to the specified person, or to the question whether that person has benefited from an ICC crime, or to any question as to the extent or whereabouts of the proceeds of an ICC crime ; and
is likely to be of substantial value (whether by itself or together with other material) to the investigation for the purposes of which the application is made ; and
(c) that any of the circumstances mentioned in sub-paragraph (6) below apply.

(6) The circumstances are
that it is not practicable to communicate with any person entitled to grant entry to the premises ;
that entry to the premises will not be granted unless a warrant is produced ; or
that the investigation for the purposes of which the application is made might be seriously prejudiced unless a constable arriving at the premises could secure immediate entry to them.

Part 3 Other forms of assistance

Forms of assistance

33 Entry, search and seizure

(1) This section applies where the Secretary of State receives from the ICC a request for assistance which appears to him to require the exercise of any of the powers conferred by Part 2 of the Police and Criminal Evidence Act 1984 (c. 60) or, in Northern Ireland, Part III of the Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I. 12)) (powers of entry, search and seizure).
(2)The Secretary of State may direct a constable to apply for a warrant or order under the relevant Part, which shall apply in relation to an ICC crime as it applies to (in the case of Part 2 of the 1984 Act)] to an indictable offence or (in the case of Part III of the 1989 Order) to a serious arrestable offence.

SCHEDULES

SCHEDULE 5 Investigation of proceeds of ICC crime

PART 2 SEARCH WARRANTS

Application for warrant

8 A search warrant may be issued under this Part of this Schedule by
(a)a Circuit judge or a District Judge (Magistrates' Courts), or
(b)in Northern Ireland, a county court judge, on an application made in pursuance of a direction by the Secretary of State under section 37(1) (investigation of proceeds of ICC crime).

Effect of warrant

9 (1) A search warrant issued under this Part of this Schedule authorises any constable—
(a) to enter and search the premises specified in the warrant, and
(b) to seize and retain any material found on the search that is likely to be of substantial value (whether by itself or together with other material) to the investigation for the purposes of which the warrant was issued.
(2) The warrant does not confer any right to seize material that consists of or includes items subject to legal privilege.

Grounds for issue of warrant

10 (1) The judge may issue a search warrant under this Part of this Schedule in the following cases.
(2) The first case is where the judge is satisfied that a production or access order made in relation to material on the premises has not been complied with.
(3) The second case is where the judge is satisfied—
(a) that there are reasonable grounds for suspecting that a specified person has benefited from an ICC crime,
(b) that there are grounds for making a production or access order (see paragraph 2) in relation to material on the premises, and
(c) that it would not be appropriate to make a production or access order in relation to the material for any of the following reasons.
(4) Those reasons are—
(a) that it is not practicable to communicate with any person entitled to produce the material,
(b) that it is not practicable to communicate with any person entitled to grant access to the material or entitled to grant entry to the premises on which the material is situated, or
(c) that the investigation for the purposes of which the application is made might be seriously prejudiced unless a constable could secure immediate access to the material.
(5) The third case is where the judge is satisfied—
(a) that there are reasonable grounds for suspecting that a specified person has benefited from an ICC crime,
(b) that there are reasonable grounds for suspecting that there is material on the premises which cannot be particularised at the time of the application but which—
(i) relates to the specified person, or to the question whether that person has benefited from an ICC crime, or to any question as to the extent or whereabouts of the proceeds of an ICC crime, and
(ii) is likely to be of substantial value (whether by itself or together with other material) to the investigation for the purposes of which the application is made, and
(c) that any of the following circumstances apply.
(6) Those circumstances are—
(a) that it is not practicable to communicate with any person entitled to grant entry to the premises,
(b) that entry to the premises will not be granted unless a warrant is produced, or
(c) that the investigation for the purposes of which the application is made might be seriously prejudiced unless a constable arriving at the premises could secure immediate entry to them.

PART 3
OTHER FORMS OF ASSISTANCE

Forms of assistance

Entry, search and seizure
37.—(1) This section applies where the Governor receives from the ICC a request for assistance which appears to him to require the exercise of any of the powers of entry, search and seizure available to a constable under the law of the Territory in the investigation of a serious arrestable offence.

(2) The Governor may direct a constable to apply for a warrant or order under the law of the Territory authorising the exercise by him of any of those powers, which shall apply in relation to an ICC crime as it applies to a serious arrestable offence under the law of the Territory.

SCHEDULE 5
INVESTIGATION OF PROCEEDS OF ICC CRIME

PART 2
SEARCH WARRANTS

Application for warrant

8.—(1) A search warrant may be issued under this Part of this Schedule by a competent court of the Territory on an application made in pursuance of a direction by the Governor under section 37(1) (investigation of proceeds of ICC crime).

(2) For the purposes of this Part a competent court is a court or other judicial authority having power under the law of the Territory to issue a search warrant in a case of serious crime.


Effect warrant

9.—(1) A search warrant issued under this Part of this Schedule authorises any constable—

(a) to enter and search the premises specified in the warrant, and
(b) to seize and retain any material found on the search that is likely to be of substantial value (whether by itself or together with other material) to the investigation for the purposes of which the warrant was issued.

(2) The warrant does not confer any right to seize material that consists of or includes items subject to legal privilege.


Grounds for issue of warrant

10.—(1) The court may issue a search warrant under this Part of this Schedule in the following cases.

(2) The first case is where the court is satisfied that a production or access order made in relation to material on the premises has not been complied with.

(3) The second case is where the court is satisfied—

(a) that there are reasonable grounds for suspecting that a specified person has benefited from an ICC crime,
(b) that there are grounds for making a production or access order (see paragraph 2) in relation to material on the premises, and
(c) that it would not be appropriate to make a production or access order in relation to the material for any of the following reasons.

(4) Those reasons are—

(a) that it is not practicable to communicate with any person entitled to produce the material,
(b) that it is not practicable to communicate with any person entitled to grant access to the material or entitled to grant entry to the premises on which the material is situated, or
(c) that the investigation for the purposes of which the application is made might be seriously prejudiced unless a constable could secure immediate access to the material.

(5) The third case is where the court is satisfied—

(a) that there are reasonable grounds for suspecting that a specified person has benefited from an ICC crime,
(b) that there are reasonable grounds for suspecting that there is material on the premises which cannot be particularised at the time of the application but which—

(i) relates to the specified person, or to the question whether that person has benefited from an ICC crime, or to any question as to the extent or whereabouts of the proceeds of an ICC crime, and
(ii) is likely to be of substantial value (whether by itself or together with other material) to the investigation for the purposes of which the application is made, and

(c) that any of the following circumstances apply.

(6) Those circumstances are—

(a) that it is not practicable to communicate with any person entitled to grant entry to the premises,
(b) that entry to the premises will not be granted unless a warrant is produced, or
(c) that the investigation for the purposes of which the application is made might be seriously prejudiced unless a constable arriving at the premises could secure immediate entry to them.