Commentary on Sections Part 8: Investigations Search warrants Section 390: Further provisions: confiscation, civil recovery and money laundering
539.This section makes additional provisions in respect of warrants issued for confiscation, civil recovery and money laundering investigations. Subsection (2) provides that warrants will continue in force for one month from the day on which they were issued. Search warrants will also authorise the person executing it to require that information which is held on computer and which he believes is relevant to the investigation to be produced in a form which it can be taken away and is visible and legible.
540.Subsection (5) gives power for a sheriff to make a civil recovery investigation warrant subject to such conditions as he thinks fit. A person executing a civil recovery search warrant will have no automatic right to use reasonable force (in contrast to the position where a constable executes a search warrant). Subsection (6) therefore gives a sheriff power to authorise the person executing the civil recovery investigation warrant to use reasonable force if he thinks it is necessary to make the warrant effective.