THE PROCURATOR FISCAL, FORFAR AGAINST DB [2017] ScotSC 4 (24 January 2017)

THE PROCURATOR FISCAL, FORFAR AGAINST DB [2017] ScotSC 4 (24 January 2017)

An initial application for extended detention of seized cash under s.295(2) Proceeds of Crime Act 2002 does not require citation or intimation of the Defender before determination; the Sheriff may grant the order if satisfied reasonable grounds for suspicion exist, and notice of the result must be given to affected persons.

Citation
[2017] ScotSC 4
Parties
Pursuer: The Procurator Fiscal, Forfar; Defender: DB
Jurisdiction
Scotland
Judgment Date
24 January 2017
Procedural Posture
Summary Application for Extended Detention of Seized Cash / Initial Hearing and Determination
Outcome
Order granted for extended detention of cash until 11 January to enable further enquiries.
Legal Topics
Proceeds of Crime, Detention of Seized Cash, Summary Application Procedure
Criminal Law Civil Procedure Proceeds of Crime Detention of Seized Cash Summary Application Procedure

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Parties

The Procurator Fiscal, Forfar

Pursuer

DB

Defender

Procedural Posture

Summary Application for Extended Detention of Seized Cash / Initial Hearing and Determination

Legal Issues

  1. 1 Whether citation or intimation of the defender is required before determination of an application under s.295(2) Proceeds of Crime Act 2002
  2. 2 Whether sufficient grounds exist for extended detention of seized cash under s.295(2)
  3. 3 Procedural requirements for applications under s.295(2)

Ratio Decidendi

An initial application for extended detention of seized cash under s.295(2) Proceeds of Crime Act 2002 does not require citation or intimation of the Defender before determination; the Sheriff may grant the order if satisfied reasonable grounds for suspicion exist, and notice of the result must be given to affected persons.

Court Disposition

Order granted for extended detention of cash until 11 January to enable further enquiries.

Orders

  • Notice of the decision to be given to the Defender and cohabitee, together with copies of specified documents.