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Proceeds of Crime Act 2002

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Point in time view as at 01/06/2015.

Changes to legislation:

Proceeds of Crime Act 2002, Cross Heading: Search and seizure warrants is up to date with all changes known to be in force on or before 28 December 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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Search and seizure warrantsE+W+N.I.

352 Search and seizure warrantsE+W+N.I.

(1)A judge may, on an application made to him by an appropriate officer, issue a search and seizure warrant if he is satisfied that either of the requirements for the issuing of the warrant is fulfilled.

(2)The application for a search and seizure warrant must state that—

(a)a person specified in the application is subject to a confiscation investigation [F1[F2, a civil recovery investigation ], an exploitation proceeds investigation] or a money laundering investigation, or

(b)property specified in the application is subject to a civil recovery investigation [F3or a detained cash investigation].

(3)The application must also state—

(a)that the warrant is sought for the purposes of the investigation;

(b)that the warrant is sought in relation to the premises specified in the application;

(c)that the warrant is sought in relation to material specified in the application, or that there are reasonable grounds for believing that there is material falling within section 353(6), (7) [F4, (7A), (7B)] or (8) on the premises.

(4)A search and seizure warrant is a warrant authorising an appropriate person—

(a)to enter and search the premises specified in the application for the warrant, and

(b)to seize and retain any material found there which is likely to be of substantial value (whether or not by itself) to the investigation for the purposes of which the application is made.

(5)An appropriate person is—

F5(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)a [F6[F7National Crime Agency officer or a member] of the staff of the relevant Director], if the warrant is sought for the purposes of a civil recovery investigation.

[F8(c)a constable [F9, an accredited financial investigator] or an officer of Revenue and Customs [F10or an immigration officer], if the warrant is sought for the purposes of a detained cash investigation [F11, a confiscation investigation or a money laundering investigation].]

[F12(d)a [F13National Crime Agency officer], if the warrant is sought for the purposes of an exploitation proceeds investigation.]

[F14(5A)In this Part “relevant Director”—

(a)in relation to England and Wales, means the Director of Public Prosecutions F15... or the Director of the Serious Fraud Office; and

(b)in relation to Northern Ireland, means the Director of the Serious Fraud Office or the Director of Public Prosecutions for Northern Ireland.]

(6)The requirements for the issue of a search and seizure warrant are—

(a)that a production order made in relation to material has not been complied with and there are reasonable grounds for believing that the material is on the premises specified in the application for the warrant, or

(b)that section 353 is satisfied in relation to the warrant.

[F16(7)The reference in paragraph F17... (c) of subsection (5) to an accredited financial investigator is a reference to an accredited financial investigator who falls within a description specified in an order made for the purposes of that paragraph by the Secretary of State under section 453.]

[F18(8)Criminal Procedure Rules may make provision about proceedings under this section on an application to a judge entitled to exercise the jurisdiction of the Crown Court in England and Wales.]

Textual Amendments

F2Words in s. 352(2)(a) inserted (1.6.2015 for E.W. for specified purposes, 1.2.2017 in so far as not already in force) by Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 19 para. 6; S.I. 2015/964, art. 2(d) (with art. 3); S.I. 2017/4, art. 2 (with art. 3)

F3Words in s. 352(2)(b) inserted (6.4.2008) by Serious Crime Act 2007 (c. 27), ss. 76(1), 94(1); S.I. 2008/755, art. 17(1)(b)

F5S. 352(5)(a) omitted (17.7.2013) by virtue of Finance Act 2013 (c. 29), Sch. 48 para. 12(2)(a)

F6Words in s. 352(5)(b) substituted (1.4.2008) by Serious Crime Act 2007 (c. 27), s. 94(1), Sch. 8 para. 105(2); S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)

F7Words in s. 352(5)(b) substituted (7.10.2013) by Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 8 para. 137(a); S.I. 2013/1682, art. 3(v)

F9Words in s. 352(5)(c) inserted (6.4.2008) by Serious Crime Act 2007 (c. 27), ss. 80(1)(b), 94(1); S.I. 2008/755, art. 17(1)(g)

F11Words in s. 352(5)(c) inserted (17.7.2013) by Finance Act 2013 (c. 29), Sch. 48 para. 12(2)(b)

F17Words in s. 352(7) omitted (17.7.2013) by virtue of Finance Act 2013 (c. 29), Sch. 48 para. 12(3)

Modifications etc. (not altering text)

C1S. 352(5) amendment to earlier affecting provision SI 2003/425 art. 5(4) (6.4.2008) by Proceeds of Crime Act 2002 (Investigations in different parts of the United Kingdom) (Amendment) Order 2008 (S.I. 2008/298), arts. 1(2), 2(3)

C2S. 352(5) amendment to earlier affecting provision SI 2003/425 art. 15(4) (6.4.2008) by Proceeds of Crime Act 2002 (Investigations in different parts of the United Kingdom) (Amendment) Order 2008 (S.I. 2008/298), arts. 1(2), 2(6)

C10S. 352(5) modified (1.4.2003) by The Proceeds of Crime Act 2002 (Investigations in different parts of the United Kingdom) Order 2003 (S.I. 2003/425), arts. 1, 5(3)(4), 15(3)(4), 25(3)(4), 26(3)(4) (as amended (6.4.2008) by S.I. 2008/298, arts. 1(2), 2(3)(6))

Commencement Information

I1S. 352 in force at 24.2.2003 by S.I. 2003/120, art. 2, Sch. (with arts. 3, 4) (as amended (20.2.2003) by S.I. 2003/333, art. 14)

353 Requirements where production order not availableE+W+N.I.

(1)This section is satisfied in relation to a search and seizure warrant if—

(a)subsection (2) applies, and

(b)either the first or the second set of conditions is complied with.

(2)This subsection applies if there are reasonable grounds for suspecting that—

(a)in the case of a confiscation investigation, the person specified in the application for the warrant has benefited from his criminal conduct;

(b)[F19in the case of a civil recovery investigation, the property specified in the application for the warrant is recoverable property or associated property;]

[F19in the case of a civil recovery investigation—

(i)the person specified in the application for the warrant holds recoverable property or associated property,

(ii)that person has, at any time, held property that was recoverable property or associated property at the time, or

(iii)the property specified in the application for the warrant is recoverable property or associated property;]

[F20(ba)in the case of a detained cash investigation into the derivation of cash, the property specified in the application for the warrant, or a part of it, is recoverable property;

(bb)in the case of a detained cash investigation into the intended use of cash, the property specified in the application for the warrant, or a part of it, is intended by any person to be used in unlawful conduct;]

(c)in the case of a money laundering investigation, the person specified in the application for the warrant has committed a money laundering offence.

[F21(d)in the case of an exploitation proceeds investigation, the person specified in the application for the warrant is within section 346(2A).]

(3)The first set of conditions is that there are reasonable grounds for believing that—

(a)any material on the premises specified in the application for the warrant is likely to be of substantial value (whether or not by itself) to the investigation for the purposes of which the warrant is sought,

(b)it is in the public interest for the material to be obtained, having regard to the benefit likely to accrue to the investigation if the material is obtained, and

(c)it would not be appropriate to make a production order for any one or more of the reasons in subsection (4).

(4)The reasons are—

(a)that it is not practicable to communicate with any person against whom the production order could be made;

(b)that it is not practicable to communicate with any person who would be required to comply with an order to grant entry to the premises;

(c)that the investigation might be seriously prejudiced unless an appropriate person is able to secure immediate access to the material.

(5)The second set of conditions is that—

(a)there are reasonable grounds for believing that there is material on the premises specified in the application for the warrant and that the material falls within subsection (6), (7) [F22, (7A), (7B)] [F23, (8) or (8A)],

(b)there are reasonable grounds for believing that it is in the public interest for the material to be obtained, having regard to the benefit likely to accrue to the investigation if the material is obtained, and

(c)any one or more of the requirements in subsection (9) is met.

(6)In the case of a confiscation investigation, material falls within this subsection if it cannot be identified at the time of the application but it—

(a)relates to the person specified in the application, the question whether he has benefited from his criminal conduct or any question as to the extent or whereabouts of his benefit from his criminal conduct, and

(b)is likely to be of substantial value (whether or not by itself) to the investigation for the purposes of which the warrant is sought.

(7)In the case of a civil recovery investigation, material falls within this subsection if it cannot be identified at the time of the application but it—

(a)[F24relates to the property specified in the application, the question whether it is recoverable property or associated property, the question as to who holds any such property, any question as to whether the person who appears to hold any such property holds other property which is recoverable property, or any question as to the extent or whereabouts of any property mentioned in this paragraph, and]

[F24relates to the person or property specified in the application or to any of the questions listed in subsection (7ZA), and]

(b)is likely to be of substantial value (whether or not by itself) to the investigation for the purposes of which the warrant is sought.

[F25(7ZA)Those questions are—

(a)where a person is specified in the application, any question as to—

(i)what property the person holds or has held,

(ii)whether the property is or has been recoverable property or associated property, or

(iii)the nature, extent or whereabouts of the property, and

(b)where property is specified in the application, any question as to—

(i)whether the property is or has been recoverable property or associated property,

(ii)who holds it or has held it,

(iii)whether a person who appears to hold or to have held it holds or has held other property,

(iv)whether the other property is or has been recoverable property or associated property, or

(v)the nature, extent or whereabouts of the specified property or the other property.]

[F26(7A)In the case of a detained cash investigation into the derivation of cash, material falls within this subsection if it cannot be identified at the time of the application but it—

(a)relates to the property specified in the application, the question whether the property, or a part of it, is recoverable property or any other question as to its derivation, and

(b)is likely to be of substantial value (whether or not by itself) to the investigation for the purposes of which the warrant is sought.

(7B)In the case of a detained cash investigation into the intended use of cash, material falls within this subsection if it cannot be identified at the time of the application but it—

(a)relates to the property specified in the application or the question whether the property, or a part of it, is intended by any person to be used in unlawful conduct, and

(b)is likely to be of substantial value (whether or not by itself) to the investigation for the purposes of which the warrant is sought.]

(8)In the case of a money laundering investigation, material falls within this subsection if it cannot be identified at the time of the application but it—

(a)relates to the person specified in the application or the question whether he has committed a money laundering offence, and

(b)is likely to be of substantial value (whether or not by itself) to the investigation for the purposes of which the warrant is sought.

[F27(8A)In the case of an exploitation proceeds investigation, material falls within this subsection if it cannot be identified at the time of the application but it—

(a)relates to the person specified in the application, the question whether exploitation proceeds have been obtained from a relevant offence in relation to that person, any question as to the extent or whereabouts of any benefit as a result of which exploitation proceeds are obtained or any question about the person's available amount, and

(b)is likely to be of substantial value (whether or not by itself) to the investigation for the purposes of which the warrant is sought.

This subsection is to be construed in accordance with Part 7 of the Coroners and Justice Act 2009 (criminal memoirs etc).]

(9)The requirements are—

(a)that it is not practicable to communicate with any person entitled to grant entry to the premises;

(b)that entry to the premises will not be granted unless a warrant is produced;

(c)that the investigation might be seriously prejudiced unless an appropriate person arriving at the premises is able to secure immediate entry to them.

(10)An appropriate person is—

F28(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)a [F29National Crime Agency officer or a member] [F30of the staff of the relevant Director], if the warrant is sought for the purposes of a civil recovery investigation.

[F31(c)a constable [F32 , an accredited financial] [F33investigator,] an officer of Revenue and Customs [F34or an immigration officer], if the warrant is sought for the purposes of a detained cash investigation [F35, a confiscation investigation or a money laundering investigation].]

[F36(d)a [F37National Crime Agency officer], if the warrant is sought for the purposes of an exploitation proceeds investigation.]

[F38(11)The reference in paragraph F39... (c) of subsection (10) to an accredited financial investigator is a reference to an accredited financial investigator who falls within a description specified in an order made for the purposes of that paragraph by the Secretary of State under section 453.]

Textual Amendments

F19S. 353(2)(b) substituted (1.6.2015 for E.W., 1.2.2017 in so far as not already in force) by Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 19 para. 7(2); S.I. 2015/964, art. 2(d) (with art. 3); S.I. 2017/4, art. 2 (with art. 3)

F20S. 353(2)(ba)(bb) inserted (6.4.2008) by Serious Crime Act 2007 (c. 27), ss. 76(2), 94(1); S.I. 2008/755, art. 17(1)(b)

F24S. 353(7)(a) substituted (1.6.2015 for E.W., 1.2.2017 in so far as not already in force) by Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 19 para. 7(3); S.I. 2015/964, art. 2(d) (with art. 3); S.I. 2017/4, art. 2 (with art. 3)

F25S. 353(7ZA) inserted (1.6.2015 for E.W., 1.2.2017 in so far as not already in force) by Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 19 para. 7(4); S.I. 2015/964, art. 2(d) (with art. 3); S.I. 2017/4, art. 2 (with art. 3)

F28S. 353(10)(a) omitted (17.7.2013) by virtue of Finance Act 2013 (c. 29), Sch. 48 para. 13(2)(a)

F29Words in s. 353(10)(b) substituted (7.10.2013) by Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 8 para. 138(a); S.I. 2013/1682, art. 3(v)

F30Words in s. 353(10)(b) substituted (1.4.2008) by Serious Crime Act 2007 (c. 27), s. 94(1), Sch. 8 para. 106; S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)

F32Words in s. 353(10)(c) inserted (6.4.2008) by Serious Crime Act 2007 (c. 27), ss. 80(3)(b), 94(1); S.I. 2008/755, art. 17(1)(g)

F35Words in s. 353(10)(c) inserted (17.7.2013) by Finance Act 2013 (c. 29), Sch. 48 para. 13(2)(b)

F37Words in s. 353(10)(d) substituted (7.10.2013) by Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 8 para. 138(b); S.I. 2013/1682, art. 3(v)

F39Words in s. 353(11) omitted (17.7.2013) by virtue of Finance Act 2013 (c. 29), Sch. 48 para. 13(3)

Commencement Information

I2S. 353 in force at 24.2.2003 by S.I. 2003/120, art. 2, Sch. (with arts. 3, 4) (as amended (20.2.2003) by S.I. 2003/333, art. 14)

354 Further provisions: generalE+W+N.I.

(1)A search and seizure warrant does not confer the right to seize privileged material.

(2)Privileged material is any material which a person would be entitled to refuse to produce on grounds of legal professional privilege in proceedings in the High Court.

(3)A search and seizure warrant does not confer the right to seize excluded material.

Modifications etc. (not altering text)

Commencement Information

I3S. 354 in force at 24.2.2003 by S.I. 2003/120, art. 2, Sch. (with arts. 3, 4) (as amended (20.2.2003) by S.I. 2003/333, art. 14)

355 Further provisions: confiscation and money launderingE+W+N.I.

(1)This section applies to—

(a)search and seizure warrants sought for the purposes of a confiscation investigation [F40or a money laundering investigation] [F40, a money laundering investigation or a detained cash investigation] , and

(b)powers of seizure under them.

(2)In relation to such warrants and powers, the Secretary of State may make an order which applies [F41, in relation to England and Wales,] the provisions to which [F42subsection (3) applies] subject to any specified modifications.

(3)This subsection applies to the following provisions of the Police and Criminal Evidence Act 1984 (c. 60)—

(a)section 15 (search warrants -safeguards);

(b)section 16 (execution of warrants);

(c)section 21 (access and copying);

(d)section 22 (retention).

[F43(3A)In relation to such warrants and powers, the Department of Justice in Northern Ireland may make an order which applies, in relation to Northern Ireland, the provisions to which subsection (4) applies subject to any specified modifications.]

(4)This subsection applies to the following provisions of the Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I. 12))—

(a)Article 17 (search warrants -safeguards);

(b)Article 18 (execution of warrants);

(c)Article 23 (access and copying);

(d)Article 24 (retention).

Textual Amendments

F40Words in s. 355(1)(a) substituted (22.11.2014 for specified purposes, 1.6.2015 for E.W.S. in so far as not already in force, 1.3.2016 in so far as not already in force) by Policing and Crime Act 2009 (c. 26), ss. 66(6), 116(1); S.I. 2014/3101, art. 3; S.I. 2015/983, art. 2(2)(a) (with art. 5); S.I. 2016/147, art. 3(f) (with art. 5)

Commencement Information

I4S. 355 in force at 24.2.2003 by S.I. 2003/120, art. 2, Sch. (with arts. 3, 4) (as amended (20.2.2003) by S.I. 2003/333, art. 14)

356 Further provisions: civil recovery [F44[F45and detained cash]] E+W+N.I.

(1)This section applies to search and seizure warrants sought for the purposes of civil recovery investigations [F46or exploitation proceeds investigations ] [F47[F48or detained cash investigations]].

(2)An application for a warrant may be made ex parte to a judge in chambers.

(3)A warrant may be issued subject to conditions.

(4)A warrant continues in force until the end of the period of one month starting with the day on which it is issued.

(5)A warrant authorises the person it names to require any information which is held in a computer and is accessible from the premises specified in the application for the warrant, and which the named person believes relates to any matter relevant to the investigation, to be produced in a form—

(a)in which it can be taken away, and

(b)in which it is visible and legible.

F49(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7)A warrant may include provision authorising a person who is exercising powers under it to do other things which—

(a)are specified in the warrant, and

(b)need to be done in order to give effect to it.

(8)Copies may be taken of any material seized under a warrant.

(9)Material seized under a warrant may be retained for so long as it is necessary to retain it (as opposed to copies of it) in connection with the investigation for the purposes of which the warrant was issued.

(10)But [F50[F51if the appropriate person has reasonable]] [F51if an appropriate officer has reasonable] grounds for believing that—

(a)the material may need to be produced for the purposes of any legal proceedings, and

(b)it might otherwise be unavailable for those purposes,

it may be retained until the proceedings are concluded.

[F52(11)[F53The appropriate person is—

(a)[F54an appropriate officer], if the warrant was issued for the purposes of a civil recovery investigation;

(b)a constable [F55, an accredited financial investigator] or an officer of Revenue and Customs [F56or an immigration officer], if the warrant was issued for the purposes of a detained cash investigation.]]]

[F57(12)[F58The reference in paragraph (b) of subsection (11) to an accredited financial investigator is a reference to an accredited financial investigator who falls within a description specified in an order made for the purposes of that paragraph by the Secretary of State under section 453.]]

Textual Amendments

F45Words in s. 356 heading repealed (1.6.2015 for E.W., 1.3.2016 in so far as not already in force) by Policing and Crime Act 2009 (c. 26), ss. 66(7)(a), 116(1), Sch. 8 Pt. 5; S.I. 2015/983, art. 2(2)(a)(g) (with art. 5); S.I. 2016/147, art. 3(f)(l) (with art. 5);

F48Words in s. 356(1) repealed (1.6.2015 for E.W., 1.3.2016 in so far as not already in force) by Policing and Crime Act 2009 (c. 26), ss. 66(7)(b), 116(1), Sch. 8 Pt. 5; S.I. 2015/983, art. 2(2)(a)(g) (with art. 5); S.I. 2016/147, art. 3(f)(l) (with art. 5)

F50Words in s. 356(10) substituted (1.4.2008 for specified purposes, 6.4.2008 in so far as not already in force) by Serious Crime Act 2007 (c. 27), s. 94(1), Sch. 10 para. 9(5); S.I. 2008/755, arts. 2(2), 17(1)(d)(ii)

F51Words in s. 356(10) substituted (1.6.2015 for E.W., 1.3.2016 in so far as not already in force) by Policing and Crime Act 2009 (c. 26), ss. 66(7)(c), 116(1); S.I. 2015/983, art. 2(2)(a) (with art. 5); S.I. 2016/147, art. 3(f) (with art. 5)

F52S. 356(11) inserted (1.4.2008 for specified purposes, 6.4.2008 in so far as not already in force) by Serious Crime Act 2007 (c. 27), s. 94(1), Sch. 10 para. 9(6); S.I. 2008/755, arts. 2(2), 17(1)(d)(ii)

F53S. 356(11) repealed (1.6.2015 for E.W., 1.3.2016 in so far as not already in force) by Policing and Crime Act 2009 (c. 26), ss. 66(7)(d), 116(1), Sch. 8 Pt. 5; S.I. 2015/983, art. 2(2)(a)(g) (with art. 5); S.I. 2016/147, art. 3(f)(l) (with art. 5)

F54Words in s. 356(11)(a) substituted (1.4.2008) by Serious Crime Act 2007 (c. 27), s. 94(1), Sch. 8 para. 107(3); S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)

F55Words in s. 356(11)(b) inserted (6.4.2008) by Serious Crime Act 2007 (c. 27), ss. 80(5), 94(1); S.I. 2008/755, art. 17(1)(g)

F58S. 356(12) repealed (1.6.2015 for E.W., 1.3.2016 in so far as not already in force) by Policing and Crime Act 2009 (c. 26), ss. 66(7)(d), 116(1), Sch. 8 Pt. 5; S.I. 2015/983, art. 2(2)(a)(g) (with art. 5); S.I. 2016/147, art. 3(f)(l) (with art. 5)

Commencement Information

I5S. 356 in force at 24.2.2003 by S.I. 2003/120, art. 2, Sch. (with arts. 3, 4) (as amended (20.2.2003) by S.I. 2003/333, art. 14)

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