Part 8U.K.Investigations

Chapter 2E+W+N.I.England and Wales and Northern Ireland

Modifications etc. (not altering text)

C1Pt. 8 Ch. 2: power to modify conferred (20.3.2015) by Crime and Courts Act 2013 (c. 22), ss. 47, 61(2); S.I. 2015/813, art. 2(b)

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, 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 [F7[F8National 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 [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.]

Textual Amendments

F1Words 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) substituted (27.4.2017 for specified purposes, 31.1.2018 for E.W. for specified purposes, 16.4.2018 for E.W. in so far as not already in force) by Criminal Finances Act 2017 (c. 22), s. 58(5)(6), Sch. 5 para. 47(2); S.I. 2018/78, reg. 5(3)(a)(i)(ii)

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) inserted (27.4.2017 for specified purposes, 31.1.2018 for E.W. for specified purposes, 16.4.2018 for E.W. in so far as not already in force) by Criminal Finances Act 2017 (c. 22), s. 58(5)(6), Sch. 5 para. 47(3)(a); S.I. 2018/78, reg. 5(3)(a)(i)(ii)

F7Words 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)

F8Words 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)(b) inserted (27.4.2017 for specified purposes, 31.1.2018 for E.W. for specified purposes, 16.4.2018 for E.W. in so far as not already in force) by Criminal Finances Act 2017 (c. 22), s. 58(5)(6), Sch. 5 para. 47(3)(b); S.I. 2018/78, reg. 5(3)(a)(i)(ii)

F11Words in s. 352(5)(c) inserted (27.4.2017 for specified purposes, 31.1.2018 for E.W. for specified purposes, 16.4.2018 for E.W. in so far as not already in force) by Criminal Finances Act 2017 (c. 22), s. 58(5)(6), Sch. 5 para. 47(3)(c); S.I. 2018/78, reg. 5(3)(a)(i)(ii)

F12Words 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)

F14Words in s. 352(5)(c) inserted (17.7.2013) by Finance Act 2013 (c. 29), Sch. 48 para. 12(2)(b)

F15S. 352(5)(ca)(cb) inserted (27.4.2017 for specified purposes, 31.1.2018 for E.W. for specified purposes, 16.4.2018 for E.W. in so far as not already in force) by Criminal Finances Act 2017 (c. 22), s. 58(5)(6), Sch. 5 para. 47(3)(d); S.I. 2018/78, reg. 5(3)(a)(i)(ii)

F21Words in s. 352(7) substituted (27.4.2017 for specified purposes, 31.1.2018 for E.W. for specified purposes, 16.4.2018 for E.W. in so far as not already in force) by Criminal Finances Act 2017 (c. 22), s. 58(5)(6), Sch. 5 para. 47(4); S.I. 2018/78, reg. 5(3)(a)(i)(ii)

F22Words 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)

C3S. 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)