Section 352: Search and seizure warrants, Proceeds of Crime Act 2002

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.

The application for a search and seizure warrant must state that—

a person specified in the application is subject to a confiscation investigation , a civil recovery investigation , an exploitation proceeds investigation or a money laundering investigation, or

property specified in the application is subject to a civil recovery investigation , a detained cash investigation, a detained property investigation , a frozen funds investigation or a cryptoasset investigation.

The application must also state—

that the warrant is sought for the purposes of the investigation;

that the warrant is sought in relation to the premises specified in the application;

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) , (7A), (7B) , (7C), (7D), (7E), (7F), (7G), (7H) or (8) on the premises.

A search and seizure warrant is a warrant authorising an appropriate person—

to enter and search the premises specified in the application for the warrant, and

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.

An appropriate person is—

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

a Financial Conduct Authority officer, a National Crime Agency officer , an officer of Revenue and Customs or a member of the staff of the relevant Director, if the warrant is sought for the purposes of a civil recovery investigation.

a constable an SFO officer, , an accredited financial investigator or an officer of Revenue and Customs or an immigration officer, if the warrant is sought for the purposes of a detained cash investigation , a confiscation investigation or a money laundering investigation.

a constable, an SFO officer, an accredited financial investigator or an officer of Revenue and Customs, if the warrant is sought for the purposes of a detained property investigation;

a constable, an SFO officer, an accredited financial investigator or an officer of Revenue and Customs, if the warrant is sought for the purposes of a frozen funds investigation;

a constable, an SFO officer, an accredited financial investigator or an officer of Revenue and Customs, if the warrant is sought for the purposes of a cryptoasset investigation;

a National Crime Agency officer, if the warrant is sought for the purposes of an exploitation proceeds investigation.

In this Part "relevant Director"—

in relation to England and Wales, means the Director of Public Prosecutions ... or the Director of the Serious Fraud Office; and

in relation to Northern Ireland, means the Director of the Serious Fraud Office or the Director of Public Prosecutions for Northern Ireland.

The requirements for the issue of a search and seizure warrant are—

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

that section 353 is satisfied in relation to the warrant.

The reference in paragraph ... (c) paragraphs (c), (ca) , (cb) and (cc) 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 or the Welsh Ministers under section 453.

Criminal Procedure Rules may make provision about proceedings under this section on an application to a judge entitled to exercise the jurisdiction of the Crown Court in England and Wales.

Section 352: Search and seizure warrants

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