Article 13 Search and seizure warrantsI1

England, Wales and Northern Ireland

(1)

A High Court judge may, on an application made to them by an appropriate officer, issue a search and seizure warrant if the judge is satisfied—

(a)

that F1a person specified in the application or property specified in the application is subject to an external investigation,

(b)

the condition in article 3(2) is met in respect of the F2person or property, and

(c)

either of the requirements in paragraph (4) is fulfilled.

(2)

The application must F3... state that the warrant is sought —

(a)

for the purposes of the external investigation,

(b)

in relation to the premises specified in the application,

(c)

in relation to material specified in the application, or that there are reasonable grounds for believing that there is material falling within article 14(6) on the premises.

(3)

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

(a)

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

(b)

to seize and retain any material found there which is likely to be of substantial value (whether or not by itself) to the external investigation.

(4)

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

(a)

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

(b)

that article 14 is satisfied in relation to the warrant.

(5)

An “appropriate person” is an NCA officer F4, FCA officer F5..., officer of Revenue and Customs ... or a member of the staff of the relevant Director.

Annotations

Textual amendments

F1: Words in art. 13(1)(a) inserted (30.11.2015) by The Proceeds of Crime Act 2002 (External Investigations) (Amendment) Order 2015 (S.I. 2015/1751), arts. 1(2), 6(2)
F2: Words in art. 13(1)(b) inserted (30.11.2015) by The Proceeds of Crime Act 2002 (External Investigations) (Amendment) Order 2015 (S.I. 2015/1751), arts. 1(2), 6(3)
F3: Word in art. 13(2) omitted (30.11.2015) by virtue of The Proceeds of Crime Act 2002 (External Investigations) (Amendment) Order 2015 (S.I. 2015/1751), arts. 1(2), 6(4)
F4: Words in art. 13(5) inserted (12.11.2018) by The Proceeds of Crime Act 2002 (External Investigations and External Orders and Requests) (Amendment) Order 2018 (S.I. 2018/1078), arts. 1(2), 11(2)
F5: Words in art. 13(5) omitted (28.6.2021) by virtue of The Proceeds of Crime Act 2002 (External Investigations and External Orders and Requests) (Amendment) Order 2021 (S.I. 2021/638), arts. 1(2), 42

Commencement

I1: Art. 13 in force at 11.11.2013, see art. 1(1)