Proceeds of Crime Act 2002, section 347

Order to grant entry

Part 8 Investigations

(1)This section applies if a judge makes a production order requiring a person to give an appropriate officer access to material on any premises.

(2)The judge may, on an application made to him by an appropriate officer and specifying the premises, make an order to grant entry in relation to the premises.

(3)An order to grant entry is an order requiring any person who appears to an appropriate officer to be entitled to grant entry to the premises to allow him to enter the premises to obtain access to the material.

Cases considering section 347 3

Virgin Media Ltd, R (on the application of) v Zinga

[2014] EWCA Crim 52 · 24 January 2014

The restriction of disclosure-order applications to appropriate officers demonstrates the statutory distinction between investigation and prosecution. It does not prevent a private prosecutor from conducting confiscation with appropriate assistance. (see paras [30]-[32])

Serious Organised Crime Agency v Perry & Ors

[2010] EWCA Civ 907 · 29 July 2010

Section 347 was referred to as an order-to-grant-entry power within the group of Part 8 investigative powers. (see para [61])

Mills & Anor, R (on the application of) v Sussex Police & Anor

[2014] EWHC 2523 (Admin) · 25 July 2014

Permits a production order to be reinforced by an order granting entry. The court regarded this as a less intrusive alternative which the police had not adequately addressed before seeking a warrant (see paras [12], [34]-[35]).

What each judgment says about section 347 is in the case-law panel in the full Act.

Explanatory note

508.This section clarifies the power previously contained in section 93H(5) of the Criminal Justice Act 1988 (as amended), section 55(5) of the Drug Trafficking Act 1994 and Article 50(5) of the Proceeds of Crime (Northern Ireland) Order 1996 to grant entry along with a production order authorising access to material (rather than an order to produce material). This power might be used, for example, to enable an appropriate officer to be granted entry to a building in circumstances where a production order had been made in respect of material in a particular office in that building.

All the explanatory notes for the Act

Amendments and notes

5 notes from legislation.gov.uk

Modifications

  1. C115S. 347(3) modified (1.4.2003) by The Proceeds of Crime Act 2002 (Investigations in different parts of the United Kingdom) Order 2003 (S.I. 2003/425), arts. 1, 13(3), (4)
  2. C116S. 347(3) modified (1.4.2003) by The Proceeds of Crime Act 2002 (Investigations in different parts of the United Kingdom) Order 2003 (S.I. 2003/425), arts. 1, 3(3)(4), 13(3)(4), 23(3)(4), 24(3)
  3. C117S. 347(3) modified (1.4.2003) by The Proceeds of Crime Act 2002 (Investigations in different parts of the United Kingdom) Order 2003 (S.I. 2003/425), arts. 1, 23(3), (4)
  4. C118S. 347(3) modified (1.4.2003) by The Proceeds of Crime Act 2002 (Investigations in different parts of the United Kingdom) Order 2003 (S.I. 2003/425), arts. 1, 24(3)

Commencement

  1. I302S. 347 in force at 24.2.2003 by S.I. 2003/120, art. 2, Sch. (with arts. 3, 4) (as amended (20.2.2003) by S.I. 2003/333, art. 14)