Part 8Investigations

Chapter 2England and Wales and Northern Ireland

Search and seizure warrants

I1356 Further provisions: civil recovery F5and detained cash

1

This section applies to search and seizure warrants sought for the purposes of civil recovery investigations F6or 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.

F16

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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 F3if the appropriate person 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.

F411

The appropriate person is—

a

F2an appropriate officer , if the warrant was issued for the purposes of a civil recovery investigation;

b

a constable F7, an accredited financial investigator or an officer of Revenue and Customs, if the warrant was issued for the purposes of a detained cash investigation.

F812

The 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.