Part 8Investigations
C1Chapter 2England and Wales and Northern Ireland
Search and seizure warrants
356AF1Certain offences in relation to execution of search and seizure warrants
1
A person commits an offence if the person assaults an appropriate person who is acting in the exercise of a power conferred by a search and seizure warrant issued under section 352.
2
A person commits an offence if the person resists or wilfully obstructs an appropriate person who is acting in the exercise of a power conferred by a search and seizure warrant issued under section 352.
3
A person guilty of an offence under subsection (1) is liable—
a
on summary conviction in England and Wales, to imprisonment for a term not exceeding 51 weeks, or to a fine, or to both;
b
on summary conviction in Northern Ireland, to imprisonment for a term not exceeding 6 months, or to a fine not exceeding level 5 on the standard scale, or to both.
4
A person guilty of an offence under subsection (2) is liable—
a
on summary conviction in England and Wales, to imprisonment for a term not exceeding 51 weeks, or to a fine not exceeding level 3 on the standard scale, or to both;
b
on summary conviction in Northern Ireland, to imprisonment for a term not exceeding 1 month, or to a fine not exceeding level 3 on the standard scale, or to both.
5
An appropriate person is—
a
a National Crime Agency officer, a Financial Conduct Authority officer or a member of the staff of the relevant Director, if the warrant was issued for the purposes of a civil recovery investigation;
b
a National Crime Agency officer, if the warrant was issued for the purposes of an exploitation proceeds investigation.
6
In relation to an offence committed before the coming into force of section 281(5) of the Criminal Justice Act 2003 (alteration of penalties for certain summary offences: England and Wales)—
a
the reference in subsection (3)(a) to 51 weeks is to be read as a reference to 6 months;
b
the reference in subsection (4)(a) to 51 weeks is to be read as a reference to 1 month.
Pt. 8 Ch. 2: power to modify conferred (20.3.2015) by Crime and Courts Act 2013 (c. 22), ss. 47, 61(2); S.I. 2015/813, art. 2(b)