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GLOSSARY

Search warrant definition

Published by a LexisNexis Corporate Crime expert

What does Search warrant mean?

A search warrant is a judicial document authorising entry and or seizure of goods at a premises where the police act on suitably reliable and recent intelligence demonstrating a need for such entry without prior warning to the suspect.

A search warrant is usually granted by application to the local Justice of the Peace per section 8 of the Police and Criminal Evidence Act 1984, but the procedure is governed by Code B of that Act. Upon receiving intelligence that suggests the need for a warrant for search and seizure, the officer applying for that warrant must take reasonable steps to check the information is accurate, recent and not provided maliciously or irresponsibly. An application may not be made on the basis of information from an anonymous source if corroboration has not been sought. On this basis, the evidence is presented to the judicial authority, in writing, and the officer should be ready to answer questions on the object and need of the search, the address or addresses it is intended to cover,

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Handling a financial crime investigation—law firms—checklist

Handling a financial crime investigation—law firms—checklist Requirement Compulsory or recommended Comments (if any) □ Be clear internally on who is responsible for co-ordinating financial crime investigations within the firm. Recommended You could include this information in a procedure which you share with staff, eg see Precedent: Financial crime investigation procedure—law firms. (Insert any comments you wish to make regarding your organisation’s arrangements) □ Undertake detailed risk assessments to determine the possibility of your firm being used for financial crime and identify your weaker spots. Recommended See Precedents: —Money laundering, terrorist financing and proliferation financing firm-wide risk assessment—law firms—Bribery and corruption—risk assessment—Facilitation of tax evasion—risk assessment—Fraud risk assessment—Financial sanctions organisation-wide risk assessment (Insert any comments you wish to make regarding your organisation’s arrangements) □ Implement policies and procedures to help mitigate the risk of your firm being involved in financial crime. Recommended See Precedents: —AML, CTF and counter-proliferation financing policy—law firms—Anti-bribery and corruption policy—for law firms—Policy—tax evasion facilitation prevention—Fraud risk management policy—Financial sanctions policy (Insert any comments you...

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Obtaining and executing a search warrant under PACE 1984

Searches of premises during criminal investigations may be conducted on the authority of a warrant issued by a court, or without warrant under a number of statutory powers. Many of these powers are governed by Part II of the Police and Criminal Evidence Act 1984 (PACE 1984) and Code B of the PACE 1984 Codes of Practice. For information on the search of premises on and after arrest under PACE 1984, ss 18 and 32, see Practice Note: Search of premises without warrant.Search warrants under PACE 1984 may be obtained under either section 8 or 9 (excluded material and special procedure material). For detailed analysis on warrants obtained in accordance with PACE 1984, s 9, see Practice Notes: Obtaining excluded material and special procedure material under PACE 1984 and Excluded material and special procedure material under PACE 1984—applications and challenges.Note that there is no priority or preference between the use of the search warrant procedure (under PACE 1984, ss 8–9) and the use of the post-arrest search powers (under PACE 1984,...

Search and seizure warrants under section 352 of POCA 2002

Obtaining a warrant under POCA 2002, s 352A search and seizure warrant authorises an appropriate person to enter and search the premises specified and to seize and retain any material found there which is likely to be of substantial value to the investigation for the purposes of which the application is made. In general there are two situations where a search and seizure warrant will be necessary:•the first is in respect of specific material where a production order has failed to produce it, eg where it is not possible to locate or communicate with the person in possession of the material, possibly because they are out of the jurisdiction or are failing to co-operate•the second comprises a series of cumulative and alternative conditions as set out in section 353 of the Proceeds of Crime Act 2002 (POCA 2002), where it would be inappropriate to obtain specific material by a production order, eg because the material cannot be specifically identified at the time of the applicationSee Practice Note: Production orders.The applicationAn...

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Standard order 3.2—search order—family proceedings

Standard order 3.2—search order—family proceedings In the Family Court sitting at [Court name] No: [case number] [ The Matrimonial Causes Act 1973 OR The Civil Partnership Act 2004 OR The Matrimonial and Family Proceedings Act 1984 and Schedule 7 to the Civil Partnership Act 2004 OR The Senior Courts Act 1981 ] [DELETE AS APPROPRIATE] The [Marriage OR Civil Partnership OR Relationship] of [applicant name] and [respondent name] After hearing [name the advocate(s) who appeared] After reading the statements and hearing the witnesses specified in the recitals below Search order made by [name of judge] on [date] sitting in private To [RESPONDENT NAME] of [RESPONDENT ADDRESS] Warning: if you [RESPONDENT NAME] disobey this order you may be held to be in contempt of court and may be imprisoned, fined or have your assets seized Any other person who knows of this order and does anything which helps or permits [RESPONDENT NAME] to breach the terms of this order may be held to be in contempt...

Financial crime investigation procedure—law firms

Financial crime investigation procedure—law firms 1 Introduction 1.1 We have processes whereby staff must report any knowledge or suspicion of money laundering, terrorist financing, fraud, bribery, corruption, sanctions breaches, tax evasion, etc to [insert, eg the nominated officer] (see section 3 for more on these processes). They are then under an obligation in certain circumstances to report that knowledge or suspicion to the National Crime Agency (NCA) through a suspicious activity report (SAR) (or, dependent on the nature of the report, to another agency through appropriate channels). 1.2 The NCA allocates those SARs to trained financial crime investigation officers for further investigation. Intelligence from SARs may then be shared by NCA with other law enforcement or government agencies (LEAs), which may need further information. This is a financial crime investigation. 1.3 Where additional information is required from us following a SAR, it will generally be obtained through enforcement action (usually a production order) by an LEA. 1.4 This document sets out our procedure for dealing...

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8 Power of justice of the peace to authorise entry and search of premises

8 Power of justice of the peace to authorise entry and search of premises(1) If on an application made by a constable a justice of the peace is satisfied that there are reasonable grounds for believing—(a) that [an indictable offence] has been committed; and(b) that there is material on premises [mentioned in subsection (1A) below] which is likely to be of substantial value (whether by itself or together with other material) to the investigation of the offence; and(c) that the material is likely to be relevant evidence; and(d) that it does not consist of or include items subject to legal privilege, excluded material or special procedure material; and(e) that any of the conditions specified in subsection (3) below applies [in relation to each set of premises specified in

Search warrant is referenced 1 in UK Parliament Acts