Proceeds of Crime Act 2002

356 Further provisions: civil recovery [F1 and detained cash] E+W+N.I.

(1) This section applies to search and seizure warrants sought for the purposes of civil recovery investigations [F2 or exploitation proceeds investigations ] [F3 or 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.

F4 (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 [F5 if 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.

[F6 (11) The appropriate person is—

(a) [F7 an appropriate officer] , if the warrant was issued for the purposes of a civil recovery investigation;

(b) a constable [F8 , an accredited financial investigator] or an officer of Revenue and Customs, if the warrant was issued for the purposes of a detained cash investigation.]

[F9 (12) 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.]

Textual Amendments

F1 Words in s. 356 heading inserted (6.4.2008) by Serious Crime Act 2007 (c. 27), s. 94(1), Sch. 10 para. 9(2); S.I. 2008/755, art. 17(1)(d)(ii)

F2 Words in s. 356(1) inserted (6.4.2010) by Coroners and Justice Act 2009 (c. 25), s. 182(5), Sch. 19 para. 12 (with s. 180); S.I. 2010/816, art. 2, Sch. para. 18

F3 Words in s. 356(1) inserted (6.4.2008) by Serious Crime Act 2007 (c. 27), s. 94(1), Sch. 10 para. 9(3); S.I. 2008/755, art. 17(1)(d)(ii)

F4 S. 356(6) repealed (1.4.2008) by Serious Crime Act 2007 (c. 27), s. 94(1), Sch. 8 para. 107(2), Sch. 14; S.I. 2008/755, art. 2(1)(a)(d) (with arts. 3-14)

F5 Words 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)

F6 S. 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)

F7 Words 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)

F8 Words 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)

F9 S. 356(12) inserted (6.4.2008) by Serious Crime Act 2007 (c. 27), ss. 80(6), 94(1); S.I. 2008/755, art. 17(1)(g)

Commencement Information

I1 S. 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)