The following Corporate Crime guidance note provides comprehensive and up to date legal information covering:
Additional requirements have been imposed by the courts where investigators have sought to exercise their powers under section 352 of the Proceeds of Crime Act 2002 (POCA 2002) or section 2 of the Criminal Justice Act 1987 (CJA 1987) in complex and financial crime cases. For general information on the circumstances when a search warrant can be obtained under the Police and Criminal Evidence Act 1984 (PACE 1984), see Practice Note: Obtaining and executing a search warrant under PACE 1984 and under POCA 2002, see Practice Note: Search and seizure warrants under section 352 of POCA 2002 and for further guidance on obtaining information under CJA 1987, s 2, see Practice Note: Section 2 notices requiring production of documents.
The obtaining of a search warrant should never be a formality.
Applicants owe the court a duty of full and frank disclosure.
The duty of candour is rendered the more important in search warrant applications because of the time constraints that will be operating on a busy Crown Court judge.
Where there is anything of which the applicant is aware that might reasonably be considered capable of undermining any of the grounds of the application, or that is unfavourable to the application, or which, for some other reason, might affect the court’s
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