Search and seizure warrants under section 352 of POCA 2002
Search and seizure warrants under section 352 of POCA 2002

The following Corporate Crime guidance note provides comprehensive and up to date legal information covering:

  • Search and seizure warrants under section 352 of POCA 2002
  • Obtaining a warrant under POCA 2002, s 352
  • The application
  • Requirements for a warrant
  • Information to be included in a warrant
  • Effect of a warrant and what may be seized
  • Execution of a search and seizure warrant
  • Obstruction offences relating to the execution of a search and seizure warrant

Obtaining a warrant under POCA 2002, s 352

A 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:

  1. 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 failing to co-operate

  2. 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 application

See Practice Note: Production orders.

The application

An application for a search and seizure warrant under POCA 2002, s 352 must be made in accordance with Part 47 of the Criminal Procedure Rules 2015, SI 2015/1490 as amended (CrimPR). Regard must also be had to Criminal Practice Directions (CPD) 2015 (as amended),