SCHEDULE 1 Schedule 2A to the Civic Government (Scotland) Act 1982

SCHEDULE 1 Schedule 2A to the Civic Government (Scotland) Act 1982

Section 24(4)

“SCHEDULE 2A
Retention and Disposal of Property Seized under Section 54(2A) of this Act
Section 54(2C)
Application
1

This schedule applies to property seized under section 54(2A) of this Act.

Retention
2

(1)     Subject to sub-paragraph (2) below, property to which this Schedule applies may be retained for a period of twenty-eight days beginning with the day on which it was seized.

(2)     Where proceedings for an offence are instituted within the period specified in sub-paragraph (1) above against any person, the property may be retained for a period beginning on the day on which it was seized and ending on the day when—

(a)     the prosecutor certifies that the property is not, or is no longer, required as a production in criminal proceedings or for any purpose relating to such proceedings;

(b)     the accused in such proceedings—

(i)     is sentenced or otherwise dealt with for the offence; or

(ii)     is acquitted of the offence; or

(c)     the proceedings are expressly abandoned by the prosecutor or are deserted simpliciter.

Arrangements for custody of property
3

(1)     Subject to

Powered by Lexis+®

Popular documents