Part 8Investigations
Chapter 2England and Wales and Northern Ireland
Search and seizure warrants
I1352C9C10 Search and seizure warrants
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 F8or a detained cash 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) F3, (7A), (7B) or (8) on the premises.
C5C1C7C34
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.
C4C8C6C25
An appropriate person is—
a
a constable F6, an accredited financial investigator or a customs officer, if the warrant is sought for the purposes of a confiscation investigation or a money laundering investigation;
b
a F1member of SOCA's staff or of the staff of the relevant Director , if the warrant is sought for the purposes of a civil recovery investigation.
F25A
In this Part “relevant Director”—
a
in relation to England and Wales, means the Director of Public Prosecutions, the Director of Revenue and Customs Prosecutions or the Director of the Serious Fraud Office; and
b
in relation to Northern Ireland, means the Director of the Serious Fraud Office or the Director of Public Prosecutions for Northern Ireland.
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.
F57
The reference in paragraph (a) or (c) of subsection (5) 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.