Part 8Investigations
Chapter 2England and Wales and Northern Ireland
Search and seizure warrants
352 Search and seizure warrants
(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)
(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)
F10(c)
F15(ca)
a constable, an SFO officer, an accredited financial investigator or an officer of Revenue and Customs, if the warrant is sought for the purposes of a detained property investigation;
(cb)
a constable, an SFO officer, an accredited financial investigator or an officer of Revenue and Customs, if the warrant is sought for the purposes of a frozen funds investigation;
F18(5A)
In this Part “relevant Director”—
(a)
in relation to England and Wales, means the Director of Public Prosecutions F19... 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.
F20(7)
The reference in F21paragraph F22... (c) F21paragraphs (c), (ca) and (cb) 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 F23or the Welsh Ministers under section 453.
F24(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.
353 Requirements where production order not available
(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;
F25(b)
in 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;
F26(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;
F27(bc)
in the case of a detained property investigation into the derivation of property, the property specified in the application for the warrant, or a part of it, is recoverable property;
(bd)
in the case of a detained property investigation into the intended use of property, 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;
(be)
in the case of a frozen funds investigation into the derivation of money held in an account in relation to which an account freezing order made under section 303Z3 has effect (a “frozen account”), the property specified in the application for the warrant, or a part of it, is recoverable property;
(bf)
in the case of a frozen funds investigation into the intended use of money held in a frozen account, 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.
F28(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)
(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 F32or of realisable property available for satisfying a confiscation order made in respect of him 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—
F33(a)
relates 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.
F34(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.
F35(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.
F36(7C)
In the case of a detained property investigation into the derivation of property, 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.
(7D)
In the case of a detained property investigation into the intended use of property, 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.
(7E)
In the case of a frozen funds investigation into the derivation of money held in a frozen account, 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.
(7F)
In the case of a frozen funds investigation into the intended use of money held in a frozen account, 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.
F37(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—
F38(a)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b)
F43(c)
F49(ca)
a constable, an SFO officer, an accredited financial investigator or an officer of Revenue and Customs, if the warrant is sought for the purposes of a detained property investigation;
(cb)
a constable, an SFO officer, an accredited financial investigator or an officer of Revenue and Customs, if the warrant is sought for the purposes of a frozen funds investigation;
F52(11)
The reference in F53paragraph F54... (c) F53paragraphs (c), (ca) and (cb) 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 F55or the Welsh Ministers under section 453.
354 Further provisions: general
(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.
355 Further provisions: confiscation F56and money launderingF56, money laundering, detained cash, detained property and frozen funds investigations
(1)
This section applies to—
(a)
(b)
powers of seizure under them.
(2)
(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).
F61(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).
356 Further provisions: civil recovery F62... F63and exploitation proceeds investigations
(1)
(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.
F66(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 F67if 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.
F68(11)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F69(12)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F70356ACertain offences in relation to execution of search and seizure warrants
(1)
A person commits an offence if the person assaults an appropriate person who is acting in the exercise of a power conferred by a search and seizure warrant issued under section 352.
(2)
A person commits an offence if the person resists or wilfully obstructs an appropriate person who is acting in the exercise of a power conferred by a search and seizure warrant issued under section 352.
(3)
A person guilty of an offence under subsection (1) is liable—
(a)
on summary conviction in England and Wales, to imprisonment for a term not exceeding 51 weeks, or to a fine, or to both;
(b)
on summary conviction in Northern Ireland, to imprisonment for a term not exceeding 6 months, or to a fine not exceeding level 5 on the standard scale, or to both.
(4)
A person guilty of an offence under subsection (2) is liable—
(a)
on summary conviction in England and Wales, to imprisonment for a term not exceeding 51 weeks, or to a fine not exceeding level 3 on the standard scale, or to both;
(b)
on summary conviction in Northern Ireland, to imprisonment for a term not exceeding 1 month, or to a fine not exceeding level 3 on the standard scale, or to both.
(5)
An appropriate person is—
(a)
a National Crime Agency officer, a Financial Conduct Authority officer or a member of the staff of the relevant Director, if the warrant was issued for the purposes of a civil recovery investigation;
(b)
a National Crime Agency officer, if the warrant was issued for the purposes of an exploitation proceeds investigation.
(6)
In relation to an offence committed before the coming into force of section 281(5) of the Criminal Justice Act 2003 (alteration of penalties for certain summary offences: England and Wales)—
(a)
the reference in subsection (3)(a) to 51 weeks is to be read as a reference to 6 months;
(b)
the reference in subsection (4)(a) to 51 weeks is to be read as a reference to 1 month.