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Proceeds of Crime Act 2002

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This is the original version (as it was originally enacted).

352Search and seizure warrants
This section has no associated Explanatory Notes

(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 or a money laundering investigation, or

(b)property specified in the application is subject to a civil recovery 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) 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—

(a)a constable or a customs officer, if the warrant is sought for the purposes of a confiscation investigation or a money laundering investigation;

(b)a named member of the staff of the Agency, if the warrant is sought for the purposes of a civil recovery investigation.

(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.

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