Schedule 2: Provisions supplementary to Part 2 Execution of process in other domestic jurisdictions
216.The Act fills a gap in the law relating to the execution in Scotland of search warrants issued or production orders made in England & Wales in respect of ‘special procedure’ and ‘excluded’ material as defined in the Police and Criminal Evidence Act 1984. It amends the Police and Criminal Evidence Act 1984 to apply section 4 of the Summary Jurisdiction (Process) Act 1881 to orders and warrants for special procedure and excluded material. The 1881 Act currently enables process issued by a court of summary jurisdiction in England & Wales to be endorsed for execution in Scotland and vice versa. However these arrangements do not apply to search warrants and production orders in respect of ‘special procedure’ material (e.g. bank details) or excluded material, since such warrants and orders can be issued and made only by a circuit judge, i.e. not by a court of summary jurisdiction. The Act makes comparable provision for Northern Ireland.