{
  "url": "https://openlegislation.uk/criminal-procedure-rules-2025/rule-47.32",
  "json_url": "https://openlegislation.uk/criminal-procedure-rules-2025/rule-47.32.json",
  "legislation": "uksi/2025/909",
  "legislation_title": "The Criminal Procedure Rules 2025",
  "legislation_url": "https://openlegislation.uk/criminal-procedure-rules-2025",
  "path": "rule/47.32",
  "kind": "rule",
  "number": "47.32",
  "heading": "Application for warrant under section 352 of the Proceeds of Crime Act 2002",
  "text": "(1) This rule applies where an applicant wants a Crown Court judge to issue a warrant or warrants under—\n(a) section 352 of the Proceeds of Crime Act 2002; or\n(b) article 13 of the Proceeds of Crime Act 2002 (External Investigations) Order 2014.\n(2) As well as complying with rule 47.26, the application must—\n(a) explain whether the investigation is a confiscation investigation, a money laundering investigation, a detained cash investigation, a detained property investigation, a frozen funds investigation or an external investigation;\n(b) in the case of an investigation in the United Kingdom, explain why the applicant suspects that—\n(i) the person under investigation has benefited from criminal conduct, in the case of a confiscation investigation, or committed a money laundering offence, in the case of a money laundering investigation, or\n(ii) in the case of a detained cash investigation, a detained property investigation or a frozen funds investigation, the cash or property involved, or the money held in the frozen account, was obtained through unlawful conduct or is intended to be used in unlawful conduct;\n(c) in the case of an investigation outside the United Kingdom, explain why the applicant believes that—\n(i) there is an investigation by an overseas authority which relates to a criminal investigation or to criminal proceedings (including proceedings to remove the benefit of a person’s criminal conduct following that person’s conviction), and\n(ii) the investigation is into whether property has been obtained as a result of or in connection with criminal conduct, or into the extent or whereabouts of such property;\n(d) indicate what material is sought (and see paragraphs (4) and (5));\n(e) specify the premises to be searched (and see paragraph (6)); and\n(f) state whether the applicant wants other persons to accompany the officers executing the warrant or warrants (and see paragraph (7)).\n(3) Where the applicant relies on an assertion that a production order made under sections 345 and 351 of the 2002 Act or under articles 6 and 12 of the 2014 Order has not been complied with—\n(a) the application must—\n(i) identify that order and describe its terms,\n(ii) specify the date on which it was served, and\n(iii) explain the grounds for believing that the material in respect of which the order was made is on the premises specified in the application for the warrant; but\n(b) the application need not comply with paragraphs (4) or (5).\n(4) Unless paragraph (3) applies, in relation to the material sought the application must—\n(a) specify the material and if that material may be stored in an electronic device or devices—\n(i) so far as practicable, describe each device or kind of device sought, and\n(ii) explain the grounds for believing that the material may be stored there; or\n(b) give a general description of the material and explain the grounds for believing that it relates to the person, cash, property or money under investigation and—\n(i) in the case of a confiscation investigation, relates to the question whether that person has benefited from criminal conduct, or to any question about the extent or whereabouts of that benefit,\n(ii) in the case of a money laundering investigation, relates to the question whether that person has committed a money laundering offence,\n(iii) in the case of a detained cash investigation, a detained property investigation or a frozen funds investigation into the derivation of cash, property or money, relates to the question whether that cash, property or money is recoverable property,\n(iv) in the case of a detained cash investigation, a detained property investigation or a frozen funds investigation into the intended use of cash, property or money, relates to the question whether that cash, property or money is intended by any person to be used in unlawful conduct, or\n(v) in the case of an investigation outside the United Kingdom, relates to that investigation.\n(5) Unless paragraph (3) applies, in relation to the material sought the application must explain also the grounds for believing that—\n(a) the material consists of or includes special procedure material but does not include excluded material or privileged material;\n(b) the material is likely to be of substantial value to the investigation (whether by itself, or together with other material); and\n(c) it is in the public interest for the material to be obtained, having regard to—\n(i) other potential sources of information, and\n(ii) the benefit likely to accrue to the investigation if the material is obtained.\n(6) In relation to the premises which the applicant wants to be searched, unless paragraph (3) applies the application must—\n(a) explain the grounds for believing that material sought is on those premises;\n(b) if the application specifies the material sought, explain the grounds for believing that it is not appropriate to make a production order under sections 345 and 351 of the 2002 Act or under articles 6 and 12 of the 2014 Order because—\n(i) it is not practicable to communicate with any person against whom the production order could be made,\n(ii) it is not practicable to communicate with any person who would be required to comply with an order to grant entry to the premises, or\n(iii) the investigation might be seriously prejudiced unless an appropriate person is able to secure immediate access to the material; and\n(c) if the application gives a general description of the material sought, explain the grounds for believing that—\n(i) it is not practicable to communicate with any person entitled to grant entry to the premises,\n(ii) entry to the premises will not be granted unless a warrant is produced, or\n(iii) the investigation might be seriously prejudiced unless an appropriate person arriving at the premises is able to secure immediate access to them.\n(7) In relation to any set of premises which the applicant wants to be searched by those executing the warrant with other persons authorised by the court, the application must—\n(a) identify those other persons, by function or description; and\n(b) explain why those persons are required.\n[Note. Under section 352 of the Proceeds of Crime Act 2002 where there is a confiscation investigation, a money laundering investigation, a detained cash investigation, a detained property investigation or a frozen funds investigation, an ‘appropriate officer’ within the meaning of that section may apply to a Crown Court judge for a warrant authorising a search for special procedure material on specified premises, on the conditions listed in that section and in section 353 of the Act.\nUnder article 13 of the Proceeds of Crime Act 2002 (External Investigations) Order 2014, where there is an external investigation an ‘appropriate officer’ within the meaning of that article may apply to a Crown Court judge for a warrant authorising a search for special procedure material on specified premises, on the conditions listed in that article and in article 14 of the Order.\nUnder section 16(3) of the 1984 Act, as applied by article 3 of the Proceeds of Crime Act 2002 (Application of Police and Criminal Evidence Act 1984) Order 2015, entry and search under a warrant must be within 3 months from the date of its issue.\nSee also the code of practice for the search of premises issued under section 66 of the 1984 Act.]",
  "extent": "E+W",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "I",
      "label": "I1",
      "text": "Rule 47.32 in force at 6.10.2025, see Preamble"
    },
    {
      "type": "footnote",
      "label": "f1",
      "text": "2002 c. 29; section 352 was amended by sections 74, 76, 77 and 80 of, and paragraphs 103 and 105 of Schedule 8 and paragraphs 1 and 7 of Schedule 10 to, the Serious Crime Act 2007 (c. 27), section 169 of, and paragraphs 1 and 10 of Schedule 19 to, the Coroners and Justice Act 2009 (c. 25), sections 15, 49 and 55 of, and paragraphs 108 and 137 of Schedule 8, paragraphs 1 and 6 of Schedule 19 and paragraphs 14 and 31 of Schedule 21 to, the Crime and Courts Act 2013 (c. 22), section 224 of, and paragraphs 1 and 12 of Schedule 48 to, the Finance Act 2013 (c. 29), article 3 of, and paragraphs 19 and 26 of Schedule 2 to, S.I. 2014/834 and section 82 of the Deregulation Act 2015 (c. 20)."
    },
    {
      "type": "footnote",
      "label": "f2",
      "text": "S.I. 2014/1893."
    },
    {
      "type": "footnote",
      "label": "f3",
      "text": "2002 c. 29; section 345 was amended by section 75 of the Serious Crime Act 2007 (c. 27), section 169 of, and paragraphs 1 and 6 of Schedule 19 to, the Coroners and Justice Act 2009 (c. 25) and section 49 of, and paragraphs 1 and 4 of Schedule 19 to, the Crime and Courts Act 2013 (c. 22). Section 351 was amended by sections 74 and 77 of, and paragraphs 103 and 104 of Schedule 8 and paragraphs 1 and 6 of Schedule 10 to, the Serious Crime Act 2007 (c. 27), section 169 of, and paragraphs 1 and 9 of Schedule 19 to, the Coroners and Justice Act 2009 (c. 25), sections 66 and 112 of, and Part 5 of Schedule 8 to, the Policing and Crime Act 2009 (c. 26), sections 15 and 55 of, and paragraphs 108 and 136 of Schedule 8 and paragraphs 14 and 30 of Schedule 21 to, the Crime and Courts Act 2013 (c. 22) and section 224 of, and paragraphs 1 and 11 of Schedule 48 to, the Finance Act 2013 (c. 29)."
    },
    {
      "type": "footnote",
      "label": "f4",
      "text": "2002 c. 29; section 353 was amended by sections 74, 76, 77 and 80 of, and paragraphs 103 and 106 of Schedule 8 and paragraphs 1 and 8 of Schedule 10 to, the Serious Crime Act 2007 (c. 27), section 169 of, and paragraphs 1 and 11 of Schedule 19 to, the Coroners and Justice Act 2009 (c. 25), sections 15, 49 and 55 of, and paragraphs 108 and 138 of Schedule 8, paragraphs 1 and 7 of Schedule 19 and paragraphs 14 and 32 of Schedule 21 to, the Crime and Courts Act 2013 (c. 22), section 224 of, and paragraphs 1 and 13 of Schedule 48 to, the Finance Act 2013 (c. 29) and section 38 of the Serious Crime Act 2015 (c. 9) and paragraph 48 of Schedule 5 to the Criminal Finances Act 2017 (c. 22)."
    },
    {
      "type": "footnote",
      "label": "f5",
      "text": "1984 c. 60; section 16(3) was amended by section 114 of the Serious Organised Crime and Police Act 2005 (c. 15)."
    },
    {
      "type": "footnote",
      "label": "f6",
      "text": "S.I. 2015/759."
    }
  ],
  "outstanding_effects": [
    {
      "type": "word inserted",
      "affecting": "uksi/2026/721",
      "affecting_title": "The Criminal Procedure (Amendment) (No. 2) Rules 2026"
    },
    {
      "type": "word omitted",
      "affecting": "uksi/2026/721",
      "affecting_title": "The Criminal Procedure (Amendment) (No. 2) Rules 2026"
    }
  ],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2025/909/rule/47.32",
    "retrieved_at": "2026-10-28T21:12:44.140935+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}