Part 2

Investigations, prosecutions, proceedings and proceeds of crime
Chapter 1

Investigatory powers of DPP, etc.

Enforcement

Power to enter and seize documents
66
1
A justice of the peace may issue a warrant under this section if, on an information on oath laid by the Investigating Authority, he is satisfied—
a
that any of the conditions mentioned in subsection (2) is met in relation to any documents of a description specified in the information, and
b
that the documents are on premises so specified.
2
The conditions are—
a
that a person has been required by a disclosure notice to produce the documents but has not done so;
b
that it is not practicable to give a disclosure notice requiring their production;
c
that giving such a notice might seriously prejudice the investigation of an offence to which this Chapter applies.
3
A warrant under this section is a warrant authorising an appropriate person named in it—
a
to enter and search the premises, using such force as is reasonably necessary;
b
to take possession of any documents appearing to be documents of a description specified in the information, or to take any other steps which appear to be necessary for preserving, or preventing interference with, any such documents;
c
in the case of any such documents consisting of information recorded otherwise than in legible form, to take possession of any computer disk or other electronic storage device which appears to contain the information in question, or to take any other steps which appear to be necessary for preserving, or preventing interference with, that information;
d
to take copies of or extracts from any documents or information falling within paragraph (b) or (c);
e
to require any person on the premises to provide an explanation of any such documents or information or to state where any such documents or information may be found;
f
to require any such person to give the appropriate person such assistance as he may reasonably require for the taking of copies or extracts as mentioned in paragraph (d).
4
A person executing a warrant under this section may take other persons with him, if it appears to him to be necessary to do so.
5
A warrant under this section must, if so required, be produced for inspection by the owner or occupier of the premises or anyone acting on his behalf.
6
If the premises are unoccupied or the occupier is temporarily absent, a person entering the premises under the authority of a warrant under this section must leave the premises as effectively secured against trespassers as he found them.
7
Where possession of any document or device is taken under this section—
a
the document may be retained for so long as the Investigating Authority considers that it is necessary to retain it (rather than a copy of it) in connection with the investigation for the purposes of which the warrant was sought, or
b
the device may be retained for so long as he considers that it is necessary to retain it in connection with that investigation,
as the case may be.
8
If the Investigating Authority has reasonable grounds for believing—
a
that any such document or device may have to be produced for the purposes of any legal proceedings, and
b
that it might otherwise be unavailable for those purposes,
it may be retained until the proceedings are concluded.
9
Nothing in this section authorises a person to take possession of, or make copies of or take extracts from, any document or information which, by virtue of section 64, could not be required to be produced or disclosed under section 62 or 63.
10
In the application of this section to Scotland—
a
subsection (1) has effect as if, for the words from the beginning to “satisfied—”, there were substituted “ A sheriff may issue a warrant under this section, on the application of a procurator fiscal, if he is satisfied— ”;
b
subsections (1)(a) and (3)(b) have effect as if, for “in the information”, there were substituted “ in the application ”; and
c
subsections (4) to (6) do not have effect.
11
In the application of this section to Northern Ireland—
a
subsection (1) has effect as if, for the words from the beginning to “laid”, there were substituted “A lay magistrate may issue a warrant under this section if, on complaint on oath made”; and
b
subsections (1)(a) and (3)(b) have effect as if, for “in the information”, there were substituted “in the complaint”.
S. 66 in force at 1.4.2006 except to the extent that it extends to S. by S.I. 2005/1521, art. 5(1)
S. 66 in force at 1.4.2006 for S. by S.S.I. 2006/166, art. 2(1)(a)
Ss. 60-67 extended (Northern Ireland) (1.12.2006) by Northern Ireland (Miscellaneous Provisions) Act 2006 (c. 33), ss. 26(1), 31(3); S.I. 2006/2966, art. 3
S. 66(11) inserted (1.12.2006) by Northern Ireland (Miscellaneous Provisions) Act 2006 (c. 33), s. 31(3), Sch. 3 para. 7; S.I. 2006/2966, art. 3
Pt. 2 Ch. 1 applied (6.7.2020 at 1.00 p.m.) by The Global Human Rights Sanctions Regulations 2020 (S.I. 2020/680), regs. 1(2), 37
Pt. 2 Ch. 1 applied (31.12.2020) by The Iran (Sanctions) (Human Rights) (EU Exit) Regulations 2019 (S.I. 2019/134), regs. 1(2), 58; S.I. 2019/627, reg. 2(2); 2020 c. 1, Sch. 5 para. 1(1)
Pt. 2 Ch. 1 applied (31.12.2020) by The Venezuela (Sanctions) (EU Exit) Regulations 2019 (S.I. 2019/135), regs. 1(2), 58; S.I. 2019/627, reg. 3(2); 2020 c. 1, Sch. 5 para. 1(1)
Pt. 2 Ch. 1 applied (31.12.2020) by The Burma (Sanctions) (EU Exit) Regulations 2019 (S.I. 2019/136), regs. 1(2), 58; S.I. 2019/627, reg. 4(2); 2020 c. 1, Sch. 5 para. 1(1)
Pt. 2 Ch. 1 applied (31.12.2020) by The Democratic People's Republic of Korea (Sanctions) (EU Exit) Regulations 2019 (S.I. 2019/411), regs. 1(2), 117; S.I. 2019/627, reg. 7(2); 2020 c. 1, Sch. 5 para. 1(1)
Pt. 2 Ch. 1 applied (31.12.2020) by The Democratic Republic of the Congo (Sanctions) (EU Exit) Regulations 2019 (S.I. 2019/433), regs. 1(2), 56; S.I. 2019/627, reg. 5(2); 2020 c. 1, Sch. 5 para. 1(1)
Pt. 2 Ch. 1 applied (31.12.2020) by The South Sudan (Sanctions) (EU Exit) Regulations 2019 (S.I. 2019/438), regs. 1(2), 56; S.I. 2019/627, reg. 6(2); 2020 c. 1, Sch. 5 para. 1(1)
Pt. 2 Ch. 1 applied (31.12.2020) by The Iran (Sanctions) (Nuclear) (EU Exit) Regulations 2019 (S.I. 2019/461), regs. 1(2), 63; S.I. 2019/627, reg. 8(2); 2020 c. 1, Sch. 5 para. 1(1)
Pt. 2 Ch. 1 applied (31.12.2020) by The ISIL (Da’esh) and Al-Qaida (United Nations Sanctions) (EU Exit) Regulations 2019 (S.I. 2019/466), regs. 1(2), 46; S.I. 2019/627, reg. 9(2); 2020 c. 1, Sch. 5 para. 1(1)
Pt. 2 Ch. 1 applied (31.12.2020) by The Republic of Guinea-Bissau (Sanctions) (EU Exit) Regulations 2019 (S.I. 2019/554), regs. 1(2), 36; S.I. 2019/627, reg. 10(2); 2020 c. 1, Sch. 5 para. 1(1)
Pt. 2 Ch. 1 applied (31.12.2020) by The Counter-Terrorism (International Sanctions) (EU Exit) Regulations 2019 (S.I. 2019/573), regs. 1(2), 49; S.I. 2019/627, reg. 11(2); 2020 c. 1, Sch. 5 para. 1(1)
Pt. 2 Ch. 1 applied (31.12.2020) by The Republic of Belarus (Sanctions) (EU Exit) Regulations 2019 (S.I. 2019/600), regs. 1(2), 55; S.I. 2019/627, reg. 12(2); 2020 c. 1, Sch. 5 para. 1(1)
Pt. 2 Ch. 1 applied (31.12.2020) by The Zimbabwe (Sanctions) (EU Exit) Regulations 2019 (S.I. 2019/604), regs. 1(2), 56; S.I. 2019/627, reg. 13(2); 2020 c. 1, Sch. 5 para. 1(1)
Pt. 2 Ch. 1 applied (31.12.2020) by The Chemical Weapons (Sanctions) (EU Exit) Regulations 2019 (S.I. 2019/618), regs. 1(2), 36; S.I. 2019/627, reg. 14(2); 2020 c. 1, Sch. 5 para. 1(1)
Pt. 2 Ch. 1 applied (31.12.2020) by The Counter-Terrorism (Sanctions) (EU Exit) Regulations 2019 (S.I. 2019/577), regs. 1(2), 33; S.I. 2020/1416, reg. 2(2)
Pt. 2 Ch. 1 applied (31.12.2020) by The Cyber (Sanctions) (EU Exit) Regulations 2020 (S.I. 2020/597), regs. 1(2), 35; S.I. 2020/1514, reg. 6(2)
Pt. 2 Ch. 1 applied (31.12.2020) by The Nicaragua (Sanctions) (EU Exit) Regulations 2020 (S.I. 2020/610), regs. 1, 35; S.I. 2020/1514, reg. 8(2)
Pt. 2 Ch. 1 applied (31.12.2020) by The Central African Republic (Sanctions) (EU Exit) Regulations 2020 (S.I. 2020/616), regs. 1(2), 56; S.I. 2020/1514, reg. 10(2)
Pt. 2 Ch. 1 applied (31.12.2020) by The Lebanon (Sanctions) (Assassination of Rafiq Hariri and others) (EU Exit) Regulations 2020 (S.I. 2020/617), regs. 1(2), 30; S.I. 2020/1514, reg. 11(2)
Pt. 2 Ch. 1 applied (31.12.2020) by The Somalia (Sanctions) (EU Exit) Regulations 2020 (S.I. 2020/642), regs. 1(2), 70; S.I. 2020/1514, reg. 12(2)
Pt. 2 Ch. 1 applied (31.12.2020) by The Mali (Sanctions) (EU Exit) Regulations 2020 (S.I. 2020/705), regs. 1(2), 37; S.I. 2020/1514, reg. 13(2)
Pt. 2 Ch. 1 applied (31.12.2020) by The Iraq (Sanctions) (EU Exit) Regulations 2020 (S.I. 2020/707), regs. 1(2), 57; S.I. 2020/1514, reg. 14(2)
Pt. 2 Ch. 1 applied (31.12.2020) by The Sudan (Sanctions) (EU Exit) Regulations 2020 (S.I. 2020/753), regs. 1(2), 57; S.I. 2020/1514, reg. 15(2)
Pt. 2 Ch. 1 applied (31.12.2020) by The Afghanistan (Sanctions) (EU Exit) Regulations 2020 (S.I. 2020/948), regs. 1(2), 45; S.I. 2020/1514, reg. 16(2)
Pt. 2 Ch. 1 applied (31.12.2020) by The Yemen (Sanctions) (EU Exit) (No. 2) Regulations 2020 (S.I. 2020/1278), regs. 1(2), 56; S.I. 2020/1514, reg. 20(2)
Pt. 2 Ch. 1 applied (31.12.2020) by The Misappropriation (Sanctions) (EU Exit) Regulations 2020 (S.I. 2020/1468), regs. 1(2), 36; S.I. 2020/1514, reg. 23(2)
Pt. 2 Ch. 1 applied (31.12.2020) by The Unauthorised Drilling Activities in the Eastern Mediterranean (Sanctions) (EU Exit) Regulations 2020 (S.I. 2020/1474), regs. 1(2), 36; S.I. 2020/1514, reg. 24(2)
Pt. 2 Ch. 1 applied (31.12.2020) by The Burundi (Sanctions) (EU Exit) Regulations 2019 (S.I. 2019/1142), regs. 1(2), 35; S.I. 2020/1514, reg. 2(2)
Pt. 2 Ch. 1 applied (31.12.2020) by The Guinea (Sanctions) (EU Exit) Regulations 2019 (S.I. 2019/1145), regs. 1(2), 35; S.I. 2020/1514, reg. 3(2)
Pt. 2 Ch. 1 applied (31.12.2020) by The Bosnia and Herzegovina (Sanctions) (EU Exit) Regulations 2020 (S.I. 2020/608), regs. 1(2), 36; S.I. 2020/1514, reg. 7(2)
Pt. 2 Ch. 1 applied (31.12.2020) by The Libya (Sanctions) (EU Exit) Regulations 2020 (S.I. 2020/1665), regs. 1(3), 73
Pt. 2 Ch. 1 applied (31.12.2020) by The Syria (Sanctions) (EU Exit) Regulations 2019 (S.I. 2019/792), regs. 1(3), 86; 2020 c. 1, Sch. 5 para. 1(1)
Pt. 2 Ch. 1 applied (31.12.2020) by The Russia (Sanctions) (EU Exit) Regulations 2019 (S.I. 2019/855), regs. 1(2), 87; 2020 c. 1, Sch. 5 para. 1(1) (as amended (30.6.2023) by S.I. 2023/713, regs. 1(2), 9)
Pt. 2 Ch. 1 applied (26.4.2021 at noon) by The Global Anti-Corruption Sanctions Regulations 2021 (S.I. 2021/488), regs. 1(2), 36
Pt. 2 Ch. 1 applied (29.4.2021 at 5.00 p.m.) by The Myanmar (Sanctions) Regulations 2021 (S.I. 2021/496), regs. 1(3), 67
Pt. 2 Ch. 1 applied (14.12.2021) by The Burundi (Sanctions) Regulations 2021 (S.I. 2021/1404), regs. 1(2), 36
Pt. 2 Ch. 1 applied (28.12.2022) by The Haiti (Sanctions) Regulations 2022 (S.I. 2022/1281), regs. 1(2), 47
Pt. 2 Ch. 1 applied (14.12.2023) by The Iran (Sanctions) Regulations 2023 (S.I. 2023/1314), regs. 1(2), 86 (with regs. 98-100)
Pt. 2 Ch. 1 applied (10.10.2024) by The Trade, Aircraft and Shipping Sanctions (Civil Enforcement) Regulations 2024 (S.I. 2024/948), regs. 1(2), 30 (with regs. 14, 29)
Pt. 2 Ch. 1 applied (23.7.2025) by The Global Irregular Migration and Trafficking in Persons Sanctions Regulations 2025 (S.I. 2025/902), regs. 1(2), 47