Proceeds of Crime Act 2002, section 352

Search and seizure warrants

Part 8 Investigations

(1)A judge may, on an application made to him by an appropriate officer, issue a search and seizure warrant if he is satisfied that either of the requirements for the issuing of the warrant is fulfilled.

(2)The application for a search and seizure warrant must state that—

(a)a person specified in the application is subject to a confiscation investigation [F1307, a civil recovery investigationF1307][F1308 , an exploitation proceeds investigationF1308] or a money laundering investigation, or

(b)property specified in the application is subject to a civil recovery investigation [F1309, a detained cash investigation, a detained property investigation [F1310 , a frozen funds investigation or a cryptoasset investigationF1310,F1309]] .

(3)The application must also state—

(a)that the warrant is sought for the purposes of the investigation;

(b)that the warrant is sought in relation to the premises specified in the application;

(c)that the warrant is sought in relation to material specified in the application, or that there are reasonable grounds for believing that there is material falling within section 353(6), (7) [F1311, (7A), (7B)F1311][F1312 , (7C), (7D), (7E), (7F), (7G), (7H)F1312] or (8) on the premises.

(4)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 investigation for the purposes of which the application is made.

(5)An appropriate person is—

F1313 (a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)[F1314 a Financial Conduct Authority officer,F1314] a [[F1315,F1316 National Crime Agency officer [F1317 , an officer of Revenue and CustomsF1317] or a memberF1316] of the staff of the relevant DirectorF1315] , if the warrant is sought for the purposes of a civil recovery investigation.

[F1318 (c)a constable [F1319 an SFO officer,F1319] [F1320 , an accredited financial investigatorF1320] or an officer of Revenue and Customs [F1321 or an immigration officerF1321] , if the warrant is sought for the purposes of a detained cash investigation [F1322 , a confiscation investigation or a money laundering investigationF1322] .F1318]

[F1323 (ca)a constable, an SFO officer, an accredited financial investigator or an officer of Revenue and Customs, if the warrant is sought for the purposes of a detained property investigation;

(cb)a constable, an SFO officer, an accredited financial investigator or an officer of Revenue and Customs, if the warrant is sought for the purposes of a frozen funds investigation;F1323]

[F1324 (cc)a constable, an SFO officer, an accredited financial investigator or an officer of Revenue and Customs, if the warrant is sought for the purposes of a cryptoasset investigation;F1324]

[F1325 (d)a [F1326 National Crime Agency officerF1326] , if the warrant is sought for the purposes of an exploitation proceeds investigation.F1325]

[F1327 (5A) In this Part “relevant Director”—

(a)in relation to England and Wales, means the Director of Public Prosecutions F1328... or the Director of the Serious Fraud Office; and

(b)in relation to Northern Ireland, means the Director of the Serious Fraud Office or the Director of Public Prosecutions for Northern Ireland.F1327]

(6)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 section 353 is satisfied in relation to the warrant.

[F1329 (7)The reference in [F1330 paragraph F1331... (c)F1330] [F1330 paragraphs (c), (ca) [F1332 , (cb) and (cc)F1332,F1330]] of subsection (5) to an accredited financial investigator is a reference to an accredited financial investigator who falls within a description specified in an order made for the purposes of that paragraph by the Secretary of State [F1333 or the Welsh MinistersF1333] under section 453.F1329]

[F1334 (8)Criminal Procedure Rules may make provision about proceedings under this section on an application to a judge entitled to exercise the jurisdiction of the Crown Court in England and Wales.F1334]

Definitions used in section 352 4

cryptoasset

(c) in sub-paragraphs (i), (ii) and (iii) of sub-paragraph (12)(a), “cryptoasset” includes a right to, or interest in, the cryptoasset.

Defined in Sch.9 para.1(13) · see it in the full Act
Financial Conduct Authority officer

(a) “Financial Conduct Authority officer” means a member of staff of the Financial Conduct Authority;

Defined in s.378(9) · see it in the full Act
SFO officer

For the purposes of this Act “SFO officer” means a member of staff of the Serious Fraud Office.

Defined in s.454A · see it in the full Act
the court

(10) In this section, sections 120 to 140 and Schedule 3 “the court” means—

(a)the Court of Session, where a trial diet or a diet fixed for the purposes of section 76 of the Procedure Act in proceedings for the offence or offences concerned is to be, is being or has been held in the High Court of Justiciary;

(b)the sheriff exercising his civil jurisdiction, where a diet referred to in paragraph (a) is to be, is being or has been held in the sheriff court.

Defined in s.119(10) · see it in the full Act

Cases considering section 352 16

Faisal Zahoor Ahmad, R (on the application of) v The Crown Court at Leeds

[2026] EWHC 684 (Admin) · 23 March 2026

Interprets section 352 as empowering a judge to grant a search and seizure warrant where the section 353 requirements are satisfied. The warrants were lawful because those requirements were met. Applies the statutory power to grant warrants subject to the requirements in section 353. The court upheld the warrants.

Jonathan Edward Peter Tipper & Ors, R (on the application of) v The Crown Court at Birmingham

[2022] EWHC 2615 (Admin) · 18 October 2022

Applies section 352 to the challenged search and seizure warrants. The warrants were not arguably invalid for material non-disclosure because the applications fairly presented the relevant information. (see paras [33]-[36]) Applies section 352(1) as empowering a judge to issue a search and seizure warrant where one of the statutory requirements is fulfilled. (see para [35]) Applies section 352(6) by identifying the two alternative statutory routes to a search and seizure warrant: non-compliance with a production order or satisfaction of section 353. (see para [35])

JOB FOLAYEMI DUROJAIYE (R on the application of) v THE CROWN COURT AT CROYDON

[2022] EWHC 1736 (Admin) · 6 July 2022

The court treated section 352 as the statutory basis for the search and seizure warrant and assessed whether its requirements were met on the information before the warrant judge. The warrant was upheld because the alleged non-disclosure did not satisfy the materiality test. (see paras [12]-[14]; [19]-[20]; [32]) Section 352(6) was identified as requiring satisfaction of section 353 before a warrant could issue. The court accepted that the application disclosed a sufficient basis for the judge to issue the warrant. (see para [12])

What each judgment says about section 352 is in the case-law panel in the full Act.

Explanatory note

511.Powers to issue warrants previously derived from the powers in section 93I of the Criminal Justice Act 1988, section 56 of the Drug Trafficking Act 1994 and Article 51 of the Proceeds of Crime (Northern Ireland) Order 1996. They differ from warrants under Part II of the Police and Criminal Evidence Act 1984 (PACE) or Part III of Police and Criminal Evidence (Northern Ireland) Order 1989 [SI 1989 No.1341 (NI 12)] in that they permit the seizure of special procedure material (defined at section 14 of PACE). These warrants also differ from those issued under Schedule 1 to PACE (which also permit the seizure of special procedure material) in that applications may be made without notice to the person whose premises are to be searched. Except where different provision is made in the Act, the general provisions in Part II of PACE about search warrants apply to search warrants issued under this section.

512.As in section 345, an application for a warrant may be made by an appropriate officer as set out in section 378. Subsection (5) provides for a constable to execute the warrant if it is sought in relation to a confiscation or money laundering investigation, and for a named member of staff of ARA if the warrant is sought in relation to a civil recovery investigation. The name of the member of staff can be a pseudonym if the Director so directs (section 449). A warrant may be issued either if a production order has been made and not complied with and there are reasonable grounds for believing that the material specified in the warrant is on the premises, or the requirements of section 353 are met (subsection (6)).

All the explanatory notes for the Act

Amendments and notes

33 notes from legislation.gov.uk

Amendments

  1. F1307Words in s. 352(2)(a) inserted (1.6.2015 for E.W. for specified purposes, 1.2.2017 in so far as not already in force) by Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 19 para. 6; S.I. 2015/964, art. 2(d) (with art. 3); S.I. 2017/4, art. 2 (with art. 3)
  2. F1308Words in s. 352(2)(a) inserted (6.4.2010) by Coroners and Justice Act 2009 (c. 25), s. 182(5), Sch. 19 para. 10(a) (with s. 180); S.I. 2010/816, art. 2, Sch. para. 18
  3. F1309Words in s. 352(2)(b) substituted (27.4.2017 for specified purposes, 31.1.2018 for E.W.S. for specified purposes, 16.4.2018 for E.W.S. in so far as not already in force, 28.6.2021 for N.I. in so far as not already in force) by Criminal Finances Act 2017 (c. 22), s. 58(5)(6), Sch. 5 para. 47(2); S.I. 2018/78, reg. 5(3)(a)(i)(ii); S.I. 2021/724, reg. 4(i)
  4. F1310Words in s. 352(2)(b) substituted (26.10.2023 for specified purposes, 26.4.2024 for S. for specified purposes, 26.4.2024 for E.W.N.I. in so far as not already in force, 7.11.2024 for S. in so far as not already in force) by Economic Crime and Corporate Transparency Act 2023 (c. 56), s. 219(1)(2)(b), Sch. 9 para. 8(9); S.I. 2024/269, reg. 4(b)(i)(ii); S.I. 2024/1108, reg. 2
  5. F1311Words in s. 352(3)(c) inserted (6.4.2008) by Serious Crime Act 2007 (c. 27), s. 94(1), Sch. 10 para. 7(2); S.I. 2008/755, art. 17(1)(d)(ii)
  6. F1312Words in s. 352(3)(c) inserted (29.11.2024) by The Criminal Finances Act 2017 and Economic Crime and Corporate Transparency Act 2023 (Consequential Amendments) Regulations 2024 (S.I. 2024/1240), regs. 1(1), 2(3)(a)
  7. F1313S. 352(5)(a) omitted (17.7.2013) by virtue of Finance Act 2013 (c. 29), Sch. 48 para. 12(2)(a)
  8. F1314Words in s. 352(5)(b) inserted (27.4.2017 for specified purposes, 31.1.2018 for E.W.S. for specified purposes, 16.4.2018 for E.W.S. in so far as not already in force, 28.6.2021 for N.I. in so far as not already in force) by Criminal Finances Act 2017 (c. 22), s. 58(5)(6), Sch. 5 para. 47(3)(a); S.I. 2018/78, reg. 5(3)(a)(i)(ii); S.I. 2021/724, reg. 4(i)
  9. F1315Words in s. 352(5)(b) substituted (1.4.2008) by Serious Crime Act 2007 (c. 27), s. 94(1), Sch. 8 para. 105(2); S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)
  10. F1316Words in s. 352(5)(b) substituted (7.10.2013) by Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 8 para. 137(a); S.I. 2013/1682, art. 3(v)
  11. F1317Words in s. 352(5)(b) inserted (27.4.2017 for specified purposes, 31.1.2018 for E.W.S. for specified purposes, 16.4.2018 for E.W.S. in so far as not already in force, 28.6.2021 for N.I. in so far as not already in force) by Criminal Finances Act 2017 (c. 22), s. 58(5)(6), Sch. 5 para. 47(3)(b); S.I. 2018/78, reg. 5(3)(a)(i)(ii); S.I. 2021/724, reg. 4(i)
  12. F1318S. 352(5)(c) inserted (6.4.2008) by Serious Crime Act 2007 (c. 27), s. 94(1), Sch. 10 para. 7(3); S.I. 2008/755, art. 17(1)(d)(ii)
  13. F1319Words in s. 352(5)(c) inserted (27.4.2017 for specified purposes, 31.1.2018 for E.W.S. for specified purposes, 16.4.2018 for E.W.S. in so far as not already in force, 28.6.2021 for N.I. in so far as not already in force) by Criminal Finances Act 2017 (c. 22), s. 58(5)(6), Sch. 5 para. 47(3)(c); S.I. 2018/78, reg. 5(3)(a)(i)(ii); S.I. 2021/724, reg. 4(i)
  14. F1320Words in s. 352(5)(c) inserted (6.4.2008) by Serious Crime Act 2007 (c. 27), ss. 80(1)(b), 94(1); S.I. 2008/755, art. 17(1)(g)
  15. F1321Words in s. 352(5)(c) inserted (25.6.2013) by Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 21 para. 31(b) (with Sch. 21 para. 40); S.I. 2013/1042, art. 4(k)
  16. F1322Words in s. 352(5)(c) inserted (17.7.2013) by Finance Act 2013 (c. 29), Sch. 48 para. 12(2)(b)
  17. F1323S. 352(5)(ca)(cb) inserted (27.4.2017 for specified purposes, 31.1.2018 for E.W.S. for specified purposes, 16.4.2018 for E.W.S. in so far as not already in force, 28.6.2021 for N.I. in so far as not already in force) by Criminal Finances Act 2017 (c. 22), s. 58(5)(6), Sch. 5 para. 47(3)(d); S.I. 2018/78, reg. 5(3)(a)(i)(ii); S.I. 2021/724, reg. 4(i)
  18. F1324S. 352(5)(cc) inserted (29.11.2024) by The Criminal Finances Act 2017 and Economic Crime and Corporate Transparency Act 2023 (Consequential Amendments) Regulations 2024 (S.I. 2024/1240), regs. 1(1), 2(3)(b)
  19. F1325S. 352(5)(d) added (6.4.2010) by Coroners and Justice Act 2009 (c. 25), s. 182(5), Sch. 19 para. 10(b) (with s. 180); S.I. 2010/816, art. 2, Sch. para. 18
  20. F1326Words in s. 352(5)(d) substituted (7.10.2013) by Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 8 para. 137(b); S.I. 2013/1682, art. 3(v)
  21. F1327S. 352(5A) inserted (1.4.2008) by Serious Crime Act 2007 (c. 27), s. 94(1), Sch. 8 para. 105(3); S.I. 2008/755, art. 2(1)(a) (with arts. 3-14)
  22. F1328Words in s. 352(5A)(a) omitted (27.3.2014) by virtue of The Public Bodies (Merger of the Director of Public Prosecutions and the Director of Revenue and Customs Prosecutions) Order 2014 (S.I. 2014/834), art. 1(1), Sch. 2 para. 26
  23. F1329S. 352(7) inserted (6.4.2008) by Serious Crime Act 2007 (c. 27), ss. 80(2), 94(1); S.I. 2008/755, art. 17(1)(g)
  24. F1330Words in s. 352(7) substituted (27.4.2017 for specified purposes, 31.1.2018 for E.W.S. for specified purposes, 16.4.2018 for E.W.S. in so far as not already in force, 28.6.2021 for N.I. in so far as not already in force) by Criminal Finances Act 2017 (c. 22), s. 58(5)(6), Sch. 5 para. 47(4); S.I. 2018/78, reg. 5(3)(a)(i)(ii); S.I. 2021/724, reg. 4(i)
  25. F1331Words in s. 352(7) omitted (17.7.2013) by virtue of Finance Act 2013 (c. 29), Sch. 48 para. 12(3)
  26. F1332Words in s. 352(7) substituted (29.11.2024) by The Criminal Finances Act 2017 and Economic Crime and Corporate Transparency Act 2023 (Consequential Amendments) Regulations 2024 (S.I. 2024/1240), regs. 1(1), 2(3)(c)
  27. F1333Words in s. 352(7) inserted (E.W.) (1.4.2018) by The Tax Collection and Management (Wales) Act 2016 (Consequential and Supplemental Provisions) Regulations 2018 (S.I. 2018/285), regs. 1(2), 5(f)
  28. F1334S. 352(8) inserted (26.5.2015) by Deregulation Act 2015 (c. 20), ss. 82(6), 115(7); S.I. 2015/994, art. 6(o)

Modifications

  1. C141S. 352(4) 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, 5(2), 15(2), 25(2), 26(2)
  2. C142S. 352(5) 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, 5(3)(4), 15(3)(4), 25(3)(4), 26(3)(4) (as amended (6.4.2008) by S.I. 2008/298, arts. 1(2), 2(3)(6))
  3. C143S. 352(5)(c) modified (E.W.) (1.4.2018) by The Proceeds of Crime Act 2002 (References to Welsh Revenue Authority Financial Investigators) Order 2018 (S.I. 2018/196), arts. 1(2), 3, Sch. para. 4
  4. C144S. 352(5)(ca)(cb) modified by S.I. 2018/196, Sch. para. 4 (as amended (E.W.) (20.7.2018) by The Proceeds of Crime Act 2002 (References to Welsh Revenue Authority Financial Investigators) (Amendment) Order 2018 (S.I. 2018/767), arts. 1(2), 2(2)(c))

Commencement

  1. I307S. 352 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)