Page 778 - Uluslararası - Adli İşbirliği Kitap 22.08.2014

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Uluslararası Adli İşbirliği
(c) there are reasonable grounds for suspecting that there is on premises in England and Wa-
les or (as the case may be) Northern Ireland occupied or controlled by that person evidence rela-
ting to the offence. “Arrestable offence” has the same meaning as in the Police and Criminal
Evidence Act 1984 (c. 60) or (as the case may be) the Police and Criminal Evidence (Northern
Ireland) Order 1989 (S.I. 1989/ 1341 (N.I.12)).
(4) A warrant under this section may authorise a constable—
(a) to enter the premises in question and search the premises to the extent reasonably
required for the purpose of discovering any evidence relating to the offence,
(b) to seize and retain any evidence for which he is authorised to search.
18- Warrants in Scotland
(1) If, on an application made by the procurator fiscal, it appears to the sheriff—
(a) that there are reasonable grounds for suspecting that an offence under the law of a
country outside the United Kingdom has been committed, and
(b) that the conduct constituting the offence would, if it occurred in Scotland, cons-
titute an offence punishable by imprisonment, the sheriff has the like power to grant warrant
authorising entry, search and seizure by any constable or customs officer as he has under section
134 of the
Criminal Procedure (Scotland) Act 1995 (c. 46) in respect of any offence punishable at com-
mon law in Scotland.
(2) But an application for a warrant by virtue of subsection (1) may be made only—
(a) in pursuance of a direction given under section 13, or
(b) if it is an applicationmade at the request of an international joint investigation team
for the purposes of their investigation. “International joint investigation team” has the meaning
given by section 39(6) of the Police (Scotland) Act 1967 (c. 77).
19- Seized evidence
(1) Any evidence seized by a constable under or by virtue of section 16, 17 or 18 is to be sent
to the court or authority which made the request for assistance or to the territorial authority for
forwarding to that court or authority.
(2) So far as may be necessary in order to comply with the request for assistance—
(a) where the evidence consists of a document, the original or a copy is to be sent, and
(b) where the evidence consists of any other article, the article itself or a description,
photograph or other representation of it is to be sent.