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)

a person specified in the application is subject to a confiscation investigation F1, a civil recovery investigation F2, 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 F3, a detained cash investigation, a detained property investigation or a frozen funds 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)

F6a Financial Conduct Authority officer, a F7F8National Crime Agency officer F9, an officer of Revenue and Customs or a member of the staff of the relevant Director, if the warrant is sought for the purposes of a civil recovery investigation.

F10(c)

a constable F11an SFO officer, F12, an accredited financial investigator or an officer of Revenue and Customs F13or an immigration officer, if the warrant is sought for the purposes of a detained cash investigation F14, a confiscation investigation or a money laundering investigation.

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;

F16(d)

a F17National Crime Agency officer, if the warrant is sought for the purposes of an exploitation proceeds 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 under section 453.

F23(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.