C10C11C12C13Part XI Information Gathering and Investigations

Annotations:
Modifications etc. (not altering text)
C10

Pt. 11 modified (1.12.2001) by S.I. 2001/2657, arts. 1(1), 18(2) (which was revoked (8.10.2001) by S.I. 2001/3083, arts. 1(2), 23); S.I. 2001/3538, art. 2(1)

Pt. 11 modified (1.12.2001) by S.I. 2001/3083, arts. 1(2), 18(2)(4); S.I. 2001/3538, art. 2(1)

Pt. 11 extended (with modifications) (1.12.2001) by S.I. 2001/3646, arts. 1(1), 6-9

C12

Pt. 11 applied (with modifications) (11.2.2010) by The Cross-Border Payments in Euro Regulations 2010 (S.I. 2010/89), reg. 19, Sch. para. 2

Conduct of investigations

C1C2176 Entry of premises under warrant.

C3C41

A justice of the peace may issue a warrant under this section if satisfied on information on oath given by or on behalf of the Secretary of State, the Authority or an investigator that there are reasonable grounds for believing that the first, second or third set of conditions is satisfied.

C5C3C42

The first set of conditions is—

a

that a person on whom an information requirement has been imposed has failed (wholly or in part) to comply with it; and

b

that on the premises specified in the warrant—

i

there are documents which have been required; or

ii

there is information which has been required.

C3C43

The second set of conditions is—

a

that the premises specified in the warrant are premises of an authorised person or an appointed representative;

b

that there are on the premises documents or information in relation to which an information requirement could be imposed; and

c

that if such a requirement were to be imposed—

i

it would not be complied with; or

ii

the documents or information to which it related would be removed, tampered with or destroyed.

C3C44

The third set of conditions is—

a

that an offence mentioned in section 168 for which the maximum sentence on conviction on indictment is two years or more has been (or is being) committed by any person;

b

that there are on the premises specified in the warrant documents or information relevant to whether that offence has been (or is being) committed;

c

that an information requirement could be imposed in relation to those documents or information; and

d

that if such a requirement were to be imposed—

i

it would not be complied with; or

ii

the documents or information to which it related would be removed, tampered with or destroyed.

C6C3C45

A warrant under this section shall authorise a constable—

a

to enter the premises specified in the warrant;

b

to search the premises and take possession of any documents or information appearing to be documents or information of a kind in respect of which a warrant under this section was issued (“the relevant kind”) or to take, in relation to any such documents or information, any other steps which may appear to be necessary for preserving them or preventing interference with them;

c

to take copies of, or extracts from, any documents or information appearing to be of the relevant kind;

d

to require any person on the premises to provide an explanation of any document or information appearing to be of the relevant kind or to state where it may be found; and

e

to use such force as may be reasonably necessary.

C7C3C46

In England and Wales, sections 15(5) to (8) and section 16 of the M1Police and Criminal Evidence Act 1984 (execution of search warrants and safeguards) apply to warrants issued under this section.

C3C47

In Northern Ireland, Articles 17(5) to (8) and 18 of the M2Police and Criminal Evidence (Northern Ireland) Order 1989 apply to warrants issued under this section.

C8C3C48

Any document of which possession is taken under this section may be retained—

a

for a period of three months; or

b

if within that period proceedings to which the document is relevant are commenced against any person for any criminal offence, until the conclusion of those proceedings.

C39

In the application of this section to Scotland—

a

for the references to a justice of the peace substitute references to a justice of the peace or a sheriff; and

b

for the references to information on oath substitute references to evidence on oath.

10

“Investigator” means a person appointed under section 167 or 168(3) or (5).

C911

“Information requirement” means a requirement imposed—

a

by the Authority under section F187C, 87J, 165 or 175; or

b

by an investigator under section 171, 172, 173 or 175.