Procurator Fiscal, Forfar v DB

Proceeds of crime – Application for extended detention of seized cash – Procedure: Sheriff Court: In a summary application, in which the Crown sought orders for extended detention of seized cash in terms of s 295(2) of the Proceeds of Crime Act 2002, containing craves seeking to dispense with citation of the defender, to grant an order authorising continued detention by police of a sum of cash for up to 3 months and to grant warrant to serve the application on the defender, the court concluded that any Crown policy to ask for similar orders in other cases needed to be reconsidered, as an initial s 295(2) summary application need not name any person as a defender; no order for intimation or citation before the first hearing was required, and nor was any crave for dispensation of citation or intimation; the sheriff should simply consider the application, any productions and submissions and determine it in absence, having regard to the conditions in ss 295(5) and (6)of the 2002 Act.

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