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Proceeds of Crime Act 2002

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Changes and effects yet to be applied to Section 356:

  • s. 356(6) words inserted by 2007 c. 27 Sch. 10 para. 9(4) (This amendment not applied to legislation.gov.uk. S. 356(6) already repealed (1.4.2008) by 2007 c. 27, Sch. 8 para. 107(2), Sch. 14; S.I. 2008/755, art. 2)
  • specified provision(s) amendment to earlier commencing SI 2003/120 art. 3 5 by S.I. 2003/333 art. 14(2)

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Whole provisions yet to be inserted into this Act (including any effects on those provisions):

356 Further provisions: civil recovery F1... [F2and exploitation proceeds investigations] E+W+N.I.
This section has no associated Explanatory Notes

(1)This section applies to search and seizure warrants sought for the purposes of civil recovery investigations [F3or exploitation proceeds investigations ] F4....

(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.

F5(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 [F6if an appropriate officer 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.

F7(11). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F8(12). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1Words in s. 356 heading repealed (1.6.2015 for E.W., 1.3.2016 in so far as not already in force) by Policing and Crime Act 2009 (c. 26), ss. 66(7)(a), 116(1), Sch. 8 Pt. 5; S.I. 2015/983, art. 2(2)(a)(g) (with art. 5); S.I. 2016/147, art. 3(f)(l) (with art. 5);

F2Words in s. 356 heading inserted (27.4.2017 for specified purposes, 31.1.2018 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. 50; S.I. 2018/78, reg. 5(1)(e)

F4Words in s. 356(1) repealed (1.6.2015 for E.W., 1.3.2016 in so far as not already in force) by Policing and Crime Act 2009 (c. 26), ss. 66(7)(b), 116(1), Sch. 8 Pt. 5; S.I. 2015/983, art. 2(2)(a)(g) (with art. 5); S.I. 2016/147, art. 3(f)(l) (with art. 5)

F6Words in s. 356(10) substituted (1.6.2015 for E.W., 1.3.2016 in so far as not already in force) by Policing and Crime Act 2009 (c. 26), ss. 66(7)(c), 116(1); S.I. 2015/983, art. 2(2)(a) (with art. 5); S.I. 2016/147, art. 3(f) (with art. 5)

F7S. 356(11) repealed (1.6.2015 for E.W., 1.3.2016 in so far as not already in force) by Policing and Crime Act 2009 (c. 26), ss. 66(7)(d), 116(1), Sch. 8 Pt. 5; S.I. 2015/983, art. 2(2)(a)(g) (with art. 5); S.I. 2016/147, art. 3(f)(l) (with art. 5)

F8S. 356(12) repealed (1.6.2015 for E.W., 1.3.2016 in so far as not already in force) by Policing and Crime Act 2009 (c. 26), ss. 66(7)(d), 116(1), Sch. 8 Pt. 5; S.I. 2015/983, art. 2(2)(a)(g) (with art. 5); S.I. 2016/147, art. 3(f)(l) (with art. 5)

Commencement Information

I1S. 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)

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