The Criminal Procedure (Amendment) Rules 2016

• Citation: S.I. 2016/120
• Sections: 70

Section 1 Citation, commencement and interpretation

These Rules may be cited as the Criminal Procedure (Amendment) Rules 2016 and shall come into force on 4th April 2016.

Section 2 Citation, commencement and interpretation

In these Rules, a reference to a Part or rule by number alone means the Part or rule so numbered in the Criminal Procedure Rules 2015 .

Section 3 Amendments to the Criminal Procedure Rules 2015

In rule 2.2 (Definitions), in the definition of ‘live link’, for ‘in court’ substitute ‘in the courtroom’.

Section 4 Amendments to the Criminal Procedure Rules 2015

In rule 3.24 (Arraigning the defendant on the indictment)—

(a) after paragraph (4) insert—

(5) In a case in which a magistrates’ court sends the defendant for trial, the Crown Court must take the defendant’s plea—

(a) not less than 2 weeks after the date on which that sending takes place, unless the parties otherwise agree; and

(b) not more than 16 weeks after that date, unless the court otherwise directs (either before or after that period expires).

(b) in the first paragraph of the note to the rule, after ‘section 6 of the Criminal Law Act 1967 ’ insert ‘, section 77 of the Senior Courts Act 1981 ’.

Section 5 Amendments to the Criminal Procedure Rules 2015

In Part 4 (Service of documents)—

(a) in rule 4.3 (Service by handing over a document)—

(i) after paragraph (4)(a) insert—

(b) in relation to an application to a High Court judge for permission to serve a draft indictment—

(i) in London, the Listing Office of the Queen’s Bench Division of the High Court, and

(ii) elsewhere, the office at which court staff administer the business of any court then constituted of a High Court judge;

(ii) renumber paragraph (4)(b) as paragraph (4)(c); and

(b) in rule 4.4 (Service by leaving or posting a document)—

(i) after paragraph (3)(a) insert—

(b) in relation to an application to a High Court judge for permission to serve a draft indictment—

(i) in London, the Queen’s Bench Listing Office, Royal Courts of Justice, Strand, London WC2A 2LL, and

(ii) elsewhere, the office at which court staff administer the business of any court then constituted of a High Court judge;

(ii) renumber paragraph (3)(b) as paragraph (3)(c).

Section 6 Amendments to the Criminal Procedure Rules 2015

In Part 10 (The indictment)—

(a) omit the fourth paragraph of the note to rule 10.1 (Service of indictment);

(b) after rule 10.2 (Form and content of indictment) insert—

Application to a High Court judge for permission to serve a draft indictment

(10.3)

(1) This rule applies where a prosecutor wants a High Court judge’s permission to serve a draft indictment.

(2) Such a prosecutor must—

(a) apply in writing;

(b) serve the application on—

(i) the court officer, and

(ii) the proposed defendant, unless the judge otherwise directs; and

(c) ask for a hearing, if the prosecutor wants one, and explain why it is needed.

(3) The application must—

(a) attach—

(i) the proposed indictment,

(ii) copies of the documents containing the evidence on which the prosecutor relies, including any written witness statement or statements complying with rule 16.2 (Content of written witness statement) and any documentary exhibit to any such statement,

(iii) a copy of any indictment on which the defendant already has been arraigned, and

(iv) if not contained in such an indictment, a list of any offence or offences for which the defendant already has been sent for trial;

(b) include—

(i) a concise statement of the circumstances in which, and the reasons why, the application is made, and

(ii) a concise summary of the evidence contained in the documents accompanying the application, identifying each passage in those documents said to evidence each offence alleged by the prosecutor and relating that evidence to each count in the proposed indictment; and

(c) contain a statement that, to the best of the prosecutor’s knowledge, information and belief—

(i) the evidence on which the prosecutor relies will be available at the trial, and

(ii) the allegations contained in the application are substantially true

unless the application is made by or on behalf of the Director of Public Prosecutions or the Director of the Serious Fraud Office.

(4) A proposed defendant served with an application who wants to make representations to the judge must—

(a) serve the representations on the court officer and on the prosecutor;

(b) do so as soon as practicable, and in any event within such period as the judge directs; and

(c) ask for a hearing, if the proposed defendant wants one, and explain why it is needed.

(5) The judge may determine the application—

(a) without a hearing, or at a hearing in public or in private;

(b) with or without receiving the oral evidence of any proposed witness.

(6) At any hearing, if the judge so directs a statement required by paragraph (3)(c) must be repeated on oath or affirmation.

(7) If the judge gives permission to serve a draft indictment, the decision must be recorded in writing and endorsed on, or annexed to, the proposed indictment.

[Note. See section 2(6) of the Administration of Justice (Miscellaneous Provisions) Act 1933 .]

(c) amend the table of contents correspondingly.

Section 7 Amendments to the Criminal Procedure Rules 2015

In Part 17 (Witness summonses, warrants and orders)—

(a) in rule 17.3 (Application for summons, warrant or order: general rules)—

(i) in paragraph (2), for ‘The party applying must’ substitute ‘A party applying for a witness summons or order must’,

(ii) after paragraph (2) insert—

(3) A party applying for an order to be allowed to inspect and copy an entry in bank records must—

(a) identify the entry;

(b) explain the purpose for which the entry is required; and

(c) propose—

(i) the terms of the order, and

(ii) the period within which the order should take effect, if 3 days from the date of service of the order would not be appropriate.

(iii) renumber paragraph (3) as paragraph (4), and

(iv) after paragraph (4), as so renumbered, insert—

(5) The applicant must serve any order made on the witness to whom, or the bank to which, it is directed.

(b) in rule 17.5 (Application for summons to produce a document, etc.: special rules), in paragraph (5) for ‘a banker’s book’ substitute ‘bank records’.

Section 8 Amendments to the Criminal Procedure Rules 2015

In rule 21.4 (Notice to introduce evidence of a defendant’s bad character)—

(a) in paragraph (2), for ‘That party’ substitute ‘A prosecutor or co-defendant who wants to introduce such evidence’;

(b) in paragraph (3), for ‘A prosecutor who wants to introduce such evidence must serve the notice’ substitute ‘A prosecutor must serve any such notice’;

(c) in paragraph (4), for ‘A co-defendant who wants to introduce such evidence must serve the notice’ substitute ‘A co-defendant must serve any such notice’;

(d) in paragraph (5), after ‘A party who objects to the introduction of the evidence’ insert ‘identified by such a notice’;

(e) in paragraph (6)(a), after ‘determine’ insert ‘such’;

(f) in paragraph (7), after ‘receive’ insert ‘such’; and

(g) after paragraph (7), insert—

(8) A defendant who wants to introduce evidence of his or her own bad character must—

(a) give notice, in writing or orally—

(i) as soon as reasonably practicable, and in any event

(ii) before the evidence is introduced, either by the defendant or in reply to a question asked by the defendant of another party’s witness in order to obtain that evidence; and

(b) in the Crown Court, at the same time give notice (in writing, or orally) of any direction about the defendant’s character that the defendant wants the court to give the jury under rule 25.14 (Directions to the jury and taking the verdict).

Section 9 Amendments to the Criminal Procedure Rules 2015

In rule 24.3 (Trial and sentence in a magistrates’ court, Procedure on plea of not guilty)—

(a) for paragraph (3)(a) substitute—

(a) the prosecutor may summarise the prosecution case, concisely identifying the relevant law, outlining the facts and indicating the matters likely to be in dispute;

(b) after paragraph (3)(a) insert—

(b) to help the members of the court to understand the case and resolve any issue in it, the court may invite the defendant concisely to identify what is in issue;

(c) renumber paragraphs (3)(b) to (3)(h) accordingly; and

(d) in the note to the rule, for ‘rule 37.3(3)(d)’ substitute ‘rule 24.3(3)(e)’.

Section 10 Amendments to the Criminal Procedure Rules 2015

In Part 25 (Trial and sentence in the Crown Court)—

(a) in rule 25.9 (Procedure on plea of not guilty)—

(i) for paragraph (2)(b) substitute—

(b) the prosecutor may summarise the prosecution case, concisely outlining the facts and the matters likely to be in dispute;

(ii) after paragraph (2)(b) insert—

(c) where there is a jury, to help the jurors to understand the case and resolve any issue in it the court may—

(i) invite the defendant concisely to identify what is in issue, if necessary in terms approved by the court,

(ii) if the defendant declines to do so, direct that the jurors be given a copy of any defence statement served under rule 15.4 (Defence disclosure), edited if necessary to exclude any reference to inappropriate matters or to matters evidence of which would not be admissible;

(iii) renumber paragraphs (2)(c) to (2)(j) accordingly,

(iv) in paragraph (3), for ‘Paragraph (2)(d)’ substitute ‘Paragraph (2)(e)’, and

(v) in paragraph (4), for ‘Paragraph (2)(e)’ substitute ‘Paragraph (2)(f)’;

(vi) in the note to the rule, after the first paragraph insert—

Under section 6E of the Criminal Procedure and Investigations Act 1996 the court may make the direction for which rule 25.9(2)(c)(ii) provides on application or on the court’s own initiative.

(vii) in the note to the rule, for ‘rule 25.9(2)(e)’ substitute ‘rule 25.9(2)(f)’;

(b) in rule 25.12 (Evidence of a witness in writing), for paragraph (2) substitute—

(2) If the court admits such evidence each relevant part of the statement must be read or summarised aloud, unless the court otherwise directs.

(c) in rule 25.14 (Directions to the jury and taking the verdict), in paragraph (6) for ‘paragraph (4)(b)’ substitute ‘paragraph (5)(b)’.

Section 11 Amendments to the Criminal Procedure Rules 2015

In Part 34 (Appeal to the Crown Court)—

(a) in rule 34.7 (Application to introduce further evidence)—

(i) for the heading to the rule, substitute ‘Application to introduce further evidence or for ruling on procedure, evidence or other question of law’,

(ii) in paragraph (1), for ‘This rule applies where’ substitute ‘Paragraph (2) of this rule applies where’,

(iii) after paragraph (2) insert—

(3) Paragraph (4) of this rule applies to an application—

(a) about—

(i) case management, or any other question of procedure, or

(ii) the introduction or admissibility of evidence, or any other question of law;

(b) that has not been determined before the hearing of the appeal begins.

(4) The application is subject to any other rule that applies to it (for example, as to the time and form in which the application must be made).

(iv) for the note to the rule substitute—

[Note. See also Part 16 (Written witness statements), Part 19 (Expert evidence) and Part 23 (Restriction on cross-examination by a defendant), which may apply where this Part applies.]

(b) amend the table of contents correspondingly; and

(c) for rule 34.11 (Constitution of the Crown Court) substitute—

(34.11)

(1) On the hearing of an appeal the general rule is that—

(a) the Crown Court must comprise—

(i) a judge of the High Court, a Circuit judge, a Recorder or a qualifying judge advocate, and

(ii) no less than two and no more than four justices of the peace, none of whom took part in the decision under appeal; and

(b) if the appeal is from a youth court—

(i) each justice of the peace must be qualified to sit as a member of a youth court, and

(ii) the Crown Court must include a man and a woman.

(2) Despite the general rule—

(a) the Crown Court may include only one justice of the peace and need not include both a man and a woman if—

(i) the presiding judge decides that otherwise the start of the appeal hearing will be delayed unreasonably, or

(ii) one or more of the justices of the peace who started hearing the appeal is absent; and

(b) the Crown Court may comprise only a judge of the High Court, a Circuit judge, a Recorder or a qualifying judge advocate if—

(i) the appeal is against conviction, under section 108 of the Magistrates’ Courts Act 1980 , and

(ii) the respondent agrees that the court should allow the appeal, under section 48(2) of the Senior Courts Act 1981.

(3) Before the hearing of an appeal begins—

(a) the Crown Court may comprise only a judge of the High Court, a Circuit judge, a Recorder or a qualifying judge advocate; and

(b) so constituted, the court may, among other things, exercise the powers to which the rules in this Part and in Part 3 (Case management) apply.

[Note. See sections 73 and 74 of the Senior Courts Act 1981 (which allow rules of court to provide for the constitution of the Crown Court in proceedings on appeal), section 45 of the Children and Young Persons Act 1933 and section 9 of the Courts Act 2003 . Under section 8(1A) of the Senior Courts Act 1981 , a qualifying judge advocate may not exercise the jurisdiction of the Crown Court on an appeal from a youth court.]

Section 12 Amendments to the Criminal Procedure Rules 2015

In rule 38.5 (Appeal to the Court of Appeal against ruling adverse to prosecution, Crown Court judge’s permission to appeal), in paragraph (1)(b) for ‘rule 67.2’ substitute ‘rule 38.2’.

Section 13 Amendments to the Criminal Procedure Rules 2015

In rule 43.2 (Appeal or reference to the Supreme Court, Application for permission or reference), in paragraph (1)(b)(i) for ‘Part 70’ substitute ‘Part 41’.

Section 14 Amendments to the Criminal Procedure Rules 2015

In Part 45 (Costs)—

(a) in rule 45.1 (When this Part applies), in paragraph (1)(c) for ‘rule 76.6 or rule 76.7’ substitute ‘rule 45.6 or rule 45.7’;

(b) in rule 45.3 (Court’s power to vary requirements)—

(i) in paragraph (1), for ‘The court may’ substitute ‘Unless other legislation otherwise provides, the court may’, and

(ii) at the end of the rule insert—

[Note. The time limit for applying for a costs order may be affected by the legislation under which the order is made. See, for example, sections 19(1), (2) and 19A of the Prosecution of Offences Act 1985 , regulation 3 of the Costs in Criminal Cases (General) Regulations 1986 and rules 45.8(4)(a) and 45.9(4)(a).]

(c) in rule 45.8 (Costs resulting from unnecessary or improper act, etc.)—

(i) at the end of paragraph (4)(a) insert ‘, and in any event no later than the end of the case’,

(ii) after paragraph (7) insert—

(8) To help assess the amount, the court may direct an enquiry by—

(a) the Lord Chancellor, where the assessment is by a magistrates’ court or by the Crown Court; or

(b) the Registrar, where the assessment is by the Court of Appeal.

(9) In deciding whether to direct such an enquiry, the court must have regard to all the circumstances including—

(a) any agreement between the parties about the amount to be paid;

(b) the amount likely to be allowed;

(c) the delay and expense that may be incurred in the conduct of the enquiry; and

(d) the particular complexity of the assessment, or the difficulty or novelty of any aspect of the assessment.

(10) If the court directs such an enquiry—

(a) paragraphs (3) to (8) inclusive of rule 45.11 (Assessment and re-assessment) apply as if that enquiry were an assessment under that rule (but rules 45.12 (Appeal to a costs judge) and 45.13 (Appeal to a High Court judge) do not apply);

(b) the authority that carries out the enquiry must serve its conclusions on the court officer as soon as reasonably practicable after following that procedure; and

(c) the court must then assess the amount to be paid.

(iii) after the first paragraph of the note to the rule insert—

Under section 19(1), (2) of the 1985 Act and regulation 3(1) of the 1986 Regulations, the court’s power to make a costs order to which this rule applies can only be exercised during the proceedings.

(d) in rule 45.9 (Costs against a legal representative)—

(i) at the end of paragraph (4)(a) insert ‘, and in any event no later than the end of the case’,

(ii) after paragraph (7) insert—

(8) To help assess the amount, the court may direct an enquiry by—

(a) the Lord Chancellor, where the assessment is by a magistrates’ court or by the Crown Court; or

(b) the Registrar, where the assessment is by the Court of Appeal.

(9) In deciding whether to direct such an enquiry, the court must have regard to all the circumstances including—

(a) any agreement between the parties about the amount to be paid;

(b) the amount likely to be allowed;

(c) the delay and expense that may be incurred in the conduct of the enquiry; and

(d) the particular complexity of the assessment, or the difficulty or novelty of any aspect of the assessment.

(10) If the court directs such an enquiry—

(a) paragraphs (3) to (8) inclusive of rule 45.11 (Assessment and re-assessment) apply as if that enquiry were an assessment under that rule (but rules 45.12 (Appeal to a costs judge) and 45.13 (Appeal to a High Court judge) do not apply);

(b) the authority that carries out the enquiry must serve its conclusions on the court officer as soon as reasonably practicable after following that procedure; and

(c) the court must then assess the amount to be paid.

(iii) renumber paragraph (8) as paragraph (11), and

(iv) after the first paragraph of the note to the rule insert—

Under section 19A(1) of the 1985 Act, the court’s power to make a costs order to which this rule applies can only be exercised during the proceedings.

(e) in rule 45.10 (Costs against a third party), after paragraph (7) insert—

(8) To help assess the amount, the court may direct an enquiry by—

(a) the Lord Chancellor, where the assessment is by a magistrates’ court or by the Crown Court; or

(b) the Registrar, where the assessment is by the Court of Appeal.

(9) In deciding whether to direct such an enquiry, the court must have regard to all the circumstances including—

(a) any agreement between the parties about the amount to be paid;

(b) the amount likely to be allowed;

(c) the delay and expense that may be incurred in the conduct of the enquiry; and

(d) the particular complexity of the assessment, or the difficulty or novelty of any aspect of the assessment.

(10) If the court directs such an enquiry—

(a) paragraphs (3) to (8) inclusive of rule 45.11 (Assessment and re-assessment) apply as if that enquiry were an assessment under that rule (but rules 45.12 (Appeal to a costs judge) and 45.13 (Appeal to a High Court judge) do not apply);

(b) the authority that carries out the enquiry must serve its conclusions on the court officer as soon as reasonably practicable after following that procedure; and

(c) the court must then assess the amount to be paid.

Section 15 Amendments to the Criminal Procedure Rules 2015

For Part 47 (Investigation orders and warrants) substitute the Part set out in the Schedule to these Rules.

Section 16 Amendments to the Criminal Procedure Rules 2015

In rule 50.21 (Extradition, Appeal to the High Court, Respondent’s notice), for paragraph (3) substitute—

(3) Such a party must serve any such notice, as appropriate—

(a) not more than 10 business days after—

(i) service on that party of an amended appeal notice under rule 50.20(5) (Form of appeal notice), or

(ii) the expiry of the time for service of any such amended appeal notice

whichever of those events happens first;

(b) not more than 5 business days after service on that party of—

(i) an appellant’s notice renewing an application for permission to appeal,

(ii) a direction to serve a respondent’s notice.

Section 17 Amendments to the Criminal Procedure Rules 2015

In the Glossary at the end of the Criminal Procedure Rules 2015, in the entry for ‘hearsay evidence’ for ‘This expression is defined further by rule 34.1 for the purposes of Part 34 and by rule 57.1 for the purposes of Parts 57 - 61’ substitute ‘This expression is defined further by rule 20.1 for the purposes of Part 20 and by rule 33.1 for the purposes of Part 33’.

Section 18 Amendments to the Criminal Procedure Rules 2015

In the preamble to the Criminal Procedure Rules 2015, in sub-paragraph (b)—

(a) in the first column, headed ‘Rule’, before the entry for rules 4.1 and 4.12 insert ‘3.24’ and in the second column, headed ‘Power’, in the corresponding position insert ‘Section 77 of the Senior Courts Act 1981 ’; and

(b) for the three entries for Part 47 and rule 47.26 substitute the following nine entries, in the following sequence—

(i) in the ‘Rule’ column ‘47.4 and 47.10; 47.24 and 47.30’ and in the corresponding position in the ‘Power’ column ‘Paragraph 15A of Schedule 1 to the Police and Criminal Evidence Act 1984 ’,

(ii) in the ‘Rule’ column ‘47.4 and 47.11 to 47.16 inclusive’ and in the corresponding position in the ‘Power’ column ‘Paragraph 10 of Schedule 5, paragraph 4 of Schedule 6, and paragraph 5 of Schedule 6A to the Terrorism Act 2000 ’,

(iii) in the ‘Rule’ column ‘47.4 and 47.17 to 47.22 inclusive’ and in the corresponding position in the ‘Power’ column ‘Sections 351(2), 362(2), 369(2) and 375(1) of the Proceeds of Crime Act 2002 ’,

(iv) in the ‘Rule’ column ‘47.4 and 47.23’ and in the corresponding position in the ‘Power’ column ‘Section 157(9) of the Extradition Act 2003 ’,

(v) in the ‘Rule’ column ’47.24 and 47.31’ and in the corresponding position in the ‘Power’ column ‘Paragraph 11(5) of Schedule 5 to the Terrorism Act 2000 ’,

(vi) in the ‘Rule’ column ‘47.24 and 47.32’ and in the corresponding position in the ‘Power’ column ‘Section 352(8) of the Proceeds of Crime Act 2002 ’,

(vii) in the ‘Rule’ column ‘47.24 and 47.33’ and in the corresponding position in the ‘Power’ column ‘Section 160(10) of the Extradition Act 2003 ’,

(viii) in the ‘Rule’ column ‘47.35 and 47.38’ and in the corresponding position in the ‘Power’ column ‘Section 59(13) of the Criminal Justice and Police Act 2001 ’, and

(ix) in the ‘Rule’ column ‘47.49’ and in the corresponding position in the ‘Power’ column ‘Section 74(3) of the Senior Courts Act 1981 ’.

Section 47.1 When this Part applies

This Part applies to the exercise of the powers listed in each of rules 47.4, 47.24, 47.35, 47.41, 47.45 and 47.50.

Section 47.2 Meaning of ‘court’, ‘applicant’ and ‘respondent’

In this Part—

(a) a reference to the ‘court’ includes a reference to any justice of the peace or judge who can exercise a power to which this Part applies;

(b) ‘applicant’ means a person who, or an authority which, can apply for an order or warrant to which this Part applies; and

(c) ‘respondent’ means any person—

(i) against whom such an order is sought or made, or

(ii) on whom an application for such an order is served.

Section 47.3 Documents served on the court officer

(1) Unless the court otherwise directs, the court officer may—

(a) keep a written application; or

(b) arrange for the whole or any part to be kept by some other appropriate person, subject to any conditions that the court may impose.

(2) Where the court makes an order when the court office is closed, the applicant must, not more than 72 hours later, serve on the court officer—

(a) a copy of the order; and

(b) any written material that was submitted to the court.

(3) Where the court issues a warrant—

(a) the applicant must return it to the court officer as soon as practicable after it has been executed, and in any event not more than 3 months after it was issued (unless other legislation otherwise provides); and

(b) the court officer must—

(i) keep the warrant for 12 months after its return, and

(ii) during that period, make it available for inspection by the occupier of the premises to which it relates, if that occupier asks to inspect it.

[Note. See section 16(10) of the Police and Criminal Evidence Act 1984 .]

Section 47.4 When this Section applies

This Section applies where—

(a) a Circuit judge can make, vary or discharge an order for the production of, or for giving access to, material under paragraph 4 of Schedule 1 to the Police and Criminal Evidence Act 1984 , other than material that consists of or includes journalistic material;

(b) for the purposes of a terrorist investigation, a Circuit judge can make, vary or discharge—

(i) an order for the production of, or for giving access to, material, or for a statement of its location, under paragraphs 5 and 10 of Schedule 5 to the Terrorism Act 2000 ,

(ii) an explanation order, under paragraphs 10 and 13 of Schedule 5 to the 2000 Act ,

(iii) a customer information order, under paragraphs 1 and 4 of Schedule 6 to the 2000 Act ;

(c) for the purposes of a terrorist investigation, a Circuit judge can make, and the Crown Court can vary or discharge, an account monitoring order, under paragraphs 2 and 4 of Schedule 6A to the 2000 Act ;

(d) for the purposes of an investigation to which Part 8 of the Proceeds of Crime Act 2002 or the Proceeds of Crime Act 2002 (External Investigations) Order 2014 applies, a Crown Court judge can make, and the Crown Court can vary or discharge—

(i) a production order, under sections 345 and 351 of the 2002 Act or under articles 6 and 12 of the 2014 Order,

(ii) an order to grant entry, under sections 347 and 351 of the 2002 Act or under articles 8 and 12 of the 2014 Order,

(iii) a disclosure order, under sections 357 and 362 of the 2002 Act or under articles 16 and 21 of the 2014 Order,

(iv) a customer information order, under sections 363 and 369 of the 2002 Act or under articles 22 and 28 of the 2014 Order,

(v) an account monitoring order, under sections 370, 373 and 375 of the 2002 Act or under articles 29, 32 and 34 of the 2014 Order;

(e) in connection with an extradition request, a Circuit judge can make an order for the production of, or for giving access to, material under section 157 of the Extradition Act 2003 .

[Note. In outline, the orders to which these rules apply are—

(a) under the Police and Criminal Evidence Act 1984, a production order requiring a person to produce or give access to material, other than material that consists of or includes journalistic material;

(b) for the purposes of a terrorist investigation under the Terrorism Act 2000—

(i) an order requiring a person to produce, give access to, or state the location of material,

(ii) an explanation order, requiring a person to explain material obtained under a production, etc. order,

(iii) a customer information order, requiring a financial institution to provide information about an account holder,

(iv) an account monitoring order, requiring a financial institution to provide specified information, for a specified period, about an account held at that institution;

(c) for the purposes of an investigation to which Part 8 of the Proceeds of Crime Act 2002 or the Proceeds of Crime Act 2002 (External Investigations) Order 2014 applies—

(i) a production order, requiring a person to produce or give access to material,

(ii) an order to grant entry, requiring a person to allow entry to premises so that a production order can be enforced,

(iii) a disclosure order, requiring a person to provide information or documents, or to answer questions,

(iv) a customer information order, requiring a financial institution to provide information about an account holder,

(v) an account monitoring order, requiring a financial institution to provide specified information, for a specified period, about an account held at that institution;

(d) in connection with extradition proceedings, a production order requiring a person to produce or give access to material.

These rules do not apply to an application for a production order under the Police and Criminal Evidence Act 1984 requiring a person to produce or give access to journalistic material: see paragraph 15A of Schedule 1 to the Act .

For all the relevant terms under which these orders can be made, see the provisions listed in rule 47.4.

Under section 8 of the Senior Courts Act 1981 , a High Court judge, a Circuit judge, a Recorder, a qualifying judge advocate and a District Judge (Magistrates’ Courts) each may act as a Crown Court judge.

When the relevant provisions of the Courts Act 2003 come into force, a District Judge (Magistrates’ Courts) will have the same powers as a Circuit judge under the Police and Criminal Evidence Act 1984 and under the Terrorism Act 2000.

Under section 66 of the Courts Act 2003 , in criminal cases a High Court judge, a Circuit judge, a Recorder and a qualifying judge advocate each has the powers of a justice of the peace who is a District Judge (Magistrates’ Courts).

By section 341 of the Proceeds of Crime Act 2002 , an investigation under Part 8 of the Act may be—

(a) an investigation into whether a person has benefited from criminal conduct, or the extent or whereabouts of such benefit (‘a confiscation investigation’);

(b) an investigation into whether a person has committed a money laundering offence (‘a money laundering investigation’);

(c) an investigation into whether property is recoverable property or associated property (as defined by section 316 of the 2002 Act ), or into who holds the property or its extent or whereabouts (‘a civil recovery investigation’);

(d) an investigation into the derivation of cash detained under the 2002 Act, or into whether such cash is intended to be used in unlawful conduct (‘a detained cash investigation’);

(e) an investigation for the purposes of Part 7 of the Coroners and Justice Act 2009 (criminal memoirs, etc.) into whether a person is a qualifying offender or has obtained exploitation proceeds from a relevant offence, or into the value of any benefits derived by such a person from such an offence or the amount available (‘an exploitation proceeds investigation’).

Under section 343 of the Proceeds of Crime Act 2002 —

(a) any Crown Court judge may make an order to which this Section applies for the purposes of a confiscation investigation, a money laundering investigation or a detained cash investigation;

(b) only a High Court judge may make such an order for the purposes of a civil recovery investigation or an exploitation proceeds investigation (and these rules do not apply to an application to such a judge in such a case).

As well as governing procedure on an application to the Crown Court, under the following provisions rules may govern the procedure on an application to an individual judge—

(a) paragraph 15A of Schedule 1 to the Police and Criminal Evidence Act 1984;

(b) paragraph 10 of Schedule 5, paragraph 4 of Schedule 6 and paragraph 5 of Schedule 6A to the Terrorism Act 2000; and

(c) sections 351, 362, 369, 375 and 446 of the Proceeds of Crime Act 2002.]

Section 47.5 Exercise of court’s powers

(1) Subject to paragraphs (2), (3) and (4), the court may determine an application for an order, or to vary or discharge an order—

(a) at a hearing (which must be in private unless the court otherwise directs), or without a hearing; and

(b) in the absence of—

(i) the applicant,

(ii) the respondent (if any),

(iii) any other person affected by the order.

(2) The court must not determine such an application in the applicant’s absence if—

(a) the applicant asks for a hearing; or

(b) it appears to the court that—

(i) the proposed order may infringe legal privilege, within the meaning of section 10 of the Police and Criminal Evidence Act 1984 , section 348 or 361 of the Proceeds of Crime Act 2002 or article 9 of the Proceeds of Crime Act 2002 (External Investigations) Order 2014 ,

(ii) the proposed order may require the production of excluded material, within the meaning of section 11 of the 1984 Act, or

(iii) for any other reason the application is so complex or serious as to require the court to hear the applicant.

(3) The court must not determine such an application in the absence of any respondent or other person affected, unless—

(a) the absentee has had at least 2 business days in which to make representations; or

(b) the court is satisfied that—

(i) the applicant cannot identify or contact the absentee,

(ii) it would prejudice the investigation if the absentee were present,

(iii) it would prejudice the investigation to adjourn or postpone the application so as to allow the absentee to attend, or

(iv) the absentee has waived the opportunity to attend.

(4) The court must not determine such an application in the absence of any respondent who, if the order sought by the applicant were made, would be required to produce or give access to journalistic material, unless that respondent has waived the opportunity to attend.

(5) The court officer must arrange for the court to hear such an application no sooner than 2 business days after it was served, unless—

(a) the court directs that no hearing need be arranged; or

(b) the court gives other directions for the hearing.

(6) The court must not determine an application unless satisfied that sufficient time has been allowed for it.

(7) If the court so directs, the parties to an application may attend a hearing by live link or telephone.

(8) The court must not make, vary or discharge an order unless the applicant states, in writing or orally, that to the best of the applicant’s knowledge and belief—

(a) the application discloses all the information that is material to what the court must decide; and

(b) the content of the application is true.

(9) Where the statement required by paragraph (8) is made orally—

(a) the statement must be on oath or affirmation, unless the court otherwise directs; and

(b) the court must arrange for a record of the making of the statement.

(10) The court may—

(a) shorten or extend (even after it has expired) a time limit under this Section;

(b) dispense with a requirement for service under this Section (even after service was required); and

(c) consider an application made orally instead of in writing.

(11) A person who wants an extension of time must—

(a) apply when serving the application for which it is needed; and

(b) explain the delay.

Section 47.6 Application for order: general rules

(1) This rule applies to each application for an order to which this Section applies.

(2) The applicant must—

(a) apply in writing and serve the application on the court officer;

(b) demonstrate that the applicant is entitled to apply, for example as a constable or under legislation that applies to other officers;

(c) give the court an estimate of how long the court should allow—

(i) to read the application and prepare for any hearing, and

(ii) for any hearing of the application;

(d) attach a draft order in the terms proposed by the applicant;

(e) serve notice of the application on the respondent, unless the court otherwise directs;

(f) serve the application on the respondent to such extent, if any, as the court directs.

(3) A notice served on the respondent must—

(a) specify the material or information in respect of which the application is made; and

(b) identify—

(i) the power that the applicant invites the court to exercise, and

(ii) the conditions for the exercise of that power which the applicant asks the court to find are met.

(4) The applicant must serve any order made on the respondent.

Section 47.7 Application containing information withheld from a respondent or other person

(1) This rule applies where an application includes information that the applicant thinks ought to be revealed only to the court.

(2) The application must—

(a) identify that information; and

(b) explain why that information ought not to be served on the respondent or another person.

(3) At a hearing of an application to which this rule applies—

(a) the general rule is that the court must consider, in the following sequence—

(i) representations first by the applicant and then by the respondent and any other person, in the presence of them all, and then

(ii) further representations by the applicant, in the others’ absence; but

(b) the court may direct other arrangements for the hearing.

Section 47.8 Application to vary or discharge an order

(1) This rule applies where one of the following wants the court to vary or discharge an order to which a rule in this Section refers—

(a) an applicant;

(b) the respondent; or

(c) a person affected by the order.

(2) That applicant, respondent or person affected must—

(a) apply in writing as soon as practicable after becoming aware of the grounds for doing so;

(b) serve the application on—

(i) the court officer, and

(ii) the respondent, applicant, or any person known to be affected, as applicable;

(c) explain why it is appropriate for the order to be varied or discharged;

(d) propose the terms of any variation; and

(e) ask for a hearing, if one is wanted, and explain why it is needed.

Section 47.9 Application to punish for contempt of court

(1) This rule applies where a person is accused of disobeying—

(a) a production order made under paragraph 4 of Schedule 1 to the Police and Criminal Evidence Act 1984;

(b) a production etc. order made under paragraph 5 of Schedule 5 to the Terrorism Act 2000;

(c) an explanation order made under paragraph 13 of that Schedule;

(d) an account monitoring order made under paragraph 2 of Schedule 6A to that Act;

(e) a production order made under section 345 of the Proceeds of Crime Act 2002 or article 6 of the Proceeds of Crime Act 2002 (External Investigations) Order 2014;

(f) an account monitoring order made under section 370 of the 2002 Act or article 29 of the 2014 Order; or

(g) a production order made under section 157 of the Extradition Act 2003.

(2) An applicant who wants the court to exercise its power to punish that person for contempt of court must comply with the rules in Part 48 (Contempt of court).

[Note. The Crown Court has power to punish for contempt of court a person who disobeys its order. See paragraphs 10(1) and 13(5) of Schedule 5, and paragraph 6(1) of Schedule 6A, to the Terrorism Act 2000; sections 351(7) and 375(6) of the Proceeds of Crime Act 2002 and articles 12(6) and 34(5) of the Proceeds of Crime Act 2002 (External Investigations) Order 2014; and section 45 of the Senior Courts Act 1981 .

A Circuit judge has power to punish a person who disobeys a production order under the Police and Criminal Evidence Act 1984 as if that were a contempt of the Crown Court: see paragraph 15 of Schedule 1 to the Act .

Disobedience to an explanation order or to a customer information order under the Terrorism Act 2000 is an offence: see paragraph 14 of Schedule 5, and paragraph 1(3) of Schedule 6, to the Act.

Disobedience to a disclosure order or to a customer information order under the Proceeds of Crime Act 2002 or under the Proceeds of Crime Act 2002 (External Investigations) Order 2014 is an offence: see sections 359 and 366 of the Act and articles 18 and 25 of the Order. Under section 342 of the Act and under article 5 of the Order, subject to the exceptions for which those provide it is an offence to make a disclosure likely to prejudice an investigation or to interfere with documents relevant to it.]

Section 47.10 Application for a production order under the Police and Criminal Evidence Act 1984

(1) This rule applies where an applicant wants the court to make an order to which rule 47.4(a) refers.

(2) As well as complying with rule 47.6 (Application for order: general rules), the application must, in every case—

(a) specify the offence under investigation (and see paragraph (3)(a));

(b) describe the material sought;

(c) identify the respondent;

(d) specify the premises on which the material is believed to be, or explain why it is not reasonably practicable to do so;

(e) explain the grounds for believing that the material is on the premises specified, or (if applicable) on unspecified premises of the respondent;

(f) specify the set of access conditions on which the applicant relies (and see paragraphs (3) and (4)); and

(g) propose—

(i) the terms of the order, and

(ii) the period within which it should take effect.

(3) Where the applicant relies on paragraph 2 of Schedule 1 to the Police and Criminal Evidence Act 1984 (‘the first set of access conditions’: general power to gain access to special procedure material), the application must—

(a) specify the indictable offence under investigation;

(b) explain the grounds for believing that the offence has been committed;

(c) explain the grounds for believing that the material sought—

(i) is likely to be of substantial value to the investigation (whether by itself, or together with other material),

(ii) is likely to be admissible evidence at trial for the offence under investigation, and

(iii) does not consist of or include items subject to legal privilege or excluded material;

(d) explain what other methods of obtaining the material—

(i) have been tried without success, or

(ii) have not been tried because they appeared bound to fail; and

(e) explain why it is in the public interest for the respondent to produce the material, having regard to—

(i) the benefit likely to accrue to the investigation if the material is obtained, and

(ii) the circumstances under which the respondent holds the material.

(4) Where the applicant relies on paragraph 3 of Schedule 1 to the Police and Criminal Evidence Act 1984 (‘the second set of access conditions’: use of search warrant power to gain access to excluded or special procedure material), the application must—

(a) state the legislation under which a search warrant could have been issued, had the material sought not been excluded or special procedure material (in this paragraph, described as ‘the main search power’);

(b) include or attach the terms of the main search power;

(c) explain how the circumstances would have satisfied any criteria prescribed by the main search power for the issue of a search warrant; and

(d) explain why the issue of such a search warrant would have been appropriate.

[Note. See paragraphs 1 to 4 of Schedule 1 to the Police and Criminal Evidence Act 1984 . The applicant for an order must be a constable. Sections 10, 11 and 14 of the 1984 Act define ‘items subject to legal privilege’, ‘excluded material’ and ‘special procedure material’. The period within which an order takes effect must be specified in the order and, unless the court considers a longer period appropriate, must be 7 days from the date of the order.

See also the code of practice for searches of premises by police officers and the seizure of property found by police officers on persons or premises issued under section 66 of the Police and Criminal Evidence Act 1984 .

The Practice Direction sets out forms of application, notice and order for use in connection with this rule.]

Section 47.11 Application for an order under the Terrorism Act 2000

(1) This rule applies where an applicant wants the court to make one of the orders to which rule 47.4(b) and (c) refers.

(2) As well as complying with rule 47.6 (Application for order: general rules), the application must—

(a) specify the offence under investigation;

(b) explain how the investigation constitutes a terrorist investigation within the meaning of the Terrorism Act 2000 ;

(c) identify the respondent; and

(d) give the information required by whichever of rules 47.12 to 47.16 applies.

Section 47.12 Content of application for a production etc. order under the Terrorism Act 2000

As well as complying with rules 47.6 and 47.11, an applicant who wants the court to make an order for the production of, or for giving access to, material, or for a statement of its location, must—

(a) describe that material;

(b) explain why the applicant thinks the material is—

(i) in the respondent’s possession, custody or power, or

(ii) expected to come into existence and then to be in the respondent’s possession, custody or power within 28 days of the order;

(c) explain how the material constitutes or contains excluded material or special procedure material;

(d) confirm that none of the material is expected to be subject to legal privilege;

(e) explain why the material is likely to be of substantial value to the investigation;

(f) explain why it is in the public interest for the material to be produced, or for the applicant to be given access to it, having regard to—

(i) the benefit likely to accrue to the investigation if it is obtained, and

(ii) the circumstances in which the respondent has the material, or is expected to have it; and

(g) propose—

(i) the terms of the order, and

(ii) the period within which it should take effect.

[Note. See paragraphs 5 to 9 of Schedule 5 to the Terrorism Act 2000 . The applicant for a production, etc. order must be a constable. Under paragraphs 5 and 7 of that Schedule a production order may require a specified person—

(a) to produce to a constable within a specified period for seizure and retention any material which that person has in his or her possession, custody or power and to which the application relates; to give a constable access to any such material within a specified period; and to state to the best of that person’s knowledge and belief the location of material to which the application relates if it is not in, and it will not come into, his or her possession, custody or power within the period specified; or

(b) where such material is expected to come into existence within the period of 28 days beginning with the date of the order, to notify a named constable as soon as is reasonably practicable after any material to which the application relates comes into that person’s possession, custody or power, and then to produce that material to a constable; to give a constable access to it; and to state to the best of that person’s knowledge and belief the location of material to which the application relates if it is not in, and it will not come into, his or her possession, custody or power within that period of 28 days.

Under paragraph 4 of Schedule 5 to the 2000 Act, ‘legal privilege’, ‘excluded material’ and ‘special procedure material’ mean the same as under sections 10, 11 and 14 of the Police and Criminal Evidence Act 1984.

The period within which an order takes effect must be specified in the order and, unless the court otherwise directs, must be—

(a) where the respondent already has the material, 7 days from the date of the order; or

(b) where the respondent is expected to have the material within 28 days, 7 days from the date the respondent notifies the applicant of its receipt.

The Practice Direction sets out forms of application, notice and order for use in connection with this rule.]

Section 47.13 Content of application for an order to grant entry under the Terrorism Act 2000

An applicant who wants the court to make an order to grant entry in aid of a production order must—

(a) specify the premises to which entry is sought;

(b) explain why the order is needed; and

(c) propose the terms of the order.

[Note. See paragraph 5(5) of Schedule 5 to the Terrorism Act 2000. The applicant for an order to grant entry must be a constable.]

Section 47.14 Content of application for an explanation order under the Terrorism Act 2000

As well as complying with rules 47.6 and 47.11, an applicant who wants the court to make an explanation order must—

(a) identify the material that the applicant wants the respondent to explain;

(b) confirm that the explanation is not expected to infringe legal privilege; and

(c) propose the terms of the order.

[Note. See paragraph 13 of Schedule 5 to the Terrorism Act 2000 . The applicant for an explanation order must be a constable.

An explanation order can require a lawyer to provide a client’s name and address.

The Practice Direction sets out forms of application, notice and order for use in connection with this rule.]

Section 47.15 Content of application for a customer information order under the Terrorism Act 2000

As well as complying with rules 47.6 and 47.11, an applicant who wants the court to make a customer information order must—

(a) explain why it is desirable for the purposes of the investigation to trace property said to be terrorist property within the meaning of the Terrorism Act 2000;

(b) explain why the order will enhance the effectiveness of the investigation; and

(c) propose the terms of the order.

[Note. See Schedule 6 to the Terrorism Act 2000. The applicant for a customer information order must be a police officer of at least the rank of superintendent.

‘Customer information’ is defined by paragraph 7 of Schedule 6 to the 2000 Act. ‘Terrorist property’ is defined by section 14 of the Act.

The Practice Direction sets out forms of application, notice and order for use in connection with this rule.]

Section 47.16 Content of application for an account monitoring order under the Terrorism Act 2000

As well as complying with rules 47.6 and 47.11, an applicant who wants the court to make an account monitoring order must—

(a) specify—

(i) the information sought,

(ii) the period during which the applicant wants the respondent to provide that information (to a maximum of 90 days), and

(iii) where, when and in what manner the applicant wants the respondent to provide that information;

(b) explain why it is desirable for the purposes of the investigation to trace property said to be terrorist property within the meaning of the Terrorism Act 2000;

(c) explain why the order will enhance the effectiveness of the investigation; and

(d) propose the terms of the order.

[Note. See Schedule 6A to the Terrorism Act 2000 . The applicant for an account monitoring order must be a police officer.

‘Terrorist property’ is defined by section 14 of the Act.

The Practice Direction sets out forms of application, notice and order for use in connection with this rule.]

Section 47.17 Application for an order under the Proceeds of Crime Act 2002

(1) This rule applies where an applicant wants the court to make one of the orders to which rule 47.4(d) refers.

(2) As well as complying with rule 47.6 (Application for order: general rules), the application must—

(a) identify—

(i) the respondent, and

(ii) the person or property the subject of the investigation;

(b) in the case of an investigation in the United Kingdom, explain why the applicant thinks that—

(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

(ii) the cash involved is property obtained through unlawful conduct, or is intended to be used in unlawful conduct, in the case of a detained cash investigation;

(c) in the case of an investigation outside the United Kingdom, explain why the applicant thinks that—

(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

(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;

(d) give the additional information required by whichever of rules 47.18 to 47.22 applies.

[Note. See also the code of practice for those exercising functions as officers and investigators issued under section 377 of the 2002 Act , and the code of practice for prosecutors and others issued under section 377A of that Act .]

Section 47.18 Content of application for a production order under the Proceeds of Crime Act 2002

As well as complying with rules 47.6 and 47.17, an applicant who wants the court to make an order for the production of, or for giving access to, material, must—

(a) describe that material;

(b) explain why the applicant thinks the material is in the respondent’s possession or control;

(c) confirm that none of the material is—

(i) expected to be subject to legal privilege, or

(ii) excluded material;

(d) explain why the material is likely to be of substantial value to the investigation;

(e) explain why it is in the public interest for the material to be produced, or for the applicant to be given access to it, having regard to—

(i) the benefit likely to accrue to the investigation if it is obtained, and

(ii) the circumstances in which the respondent has the material; and

(f) propose—

(i) the terms of the order, and

(ii) the period within which it should take effect, if 7 days from the date of the order would not be appropriate.

[Note. See sections 345 to 350 of the Proceeds of Crime Act 2002 and articles 6 to 11 of the Proceeds of Crime Act 2002 (External Investigations) Order 2014 . Under those provisions—

(a) ‘excluded material’ means the same as under section 11 of the Police and Criminal Evidence Act 1984; and

(b) ‘legal privilege’ is defined by section 348 of the 2002 Act.

A Crown Court judge may make a production order for the purposes of a confiscation investigation, a money laundering investigation or a detained cash investigation.

The applicant for a production order must be an ‘appropriate officer’ as defined by section 378(1), (4) and (5) of the 2002 Act and article 2(1) of the 2014 Order.

The Practice Direction sets out forms of application, notice and order for use in connection with this rule.]

Section 47.19 Content of application for an order to grant entry under the Proceeds of Crime Act 2002

An applicant who wants the court to make an order to grant entry in aid of a production order must—

(a) specify the premises to which entry is sought;

(b) explain why the order is needed; and

(c) propose the terms of the order.

[Note. See section 347 of the Proceeds of Crime Act 2002 and article 8 of the Proceeds of Crime Act 2002 (External Investigations) Order 2014. The applicant for an order to grant entry must be an ‘appropriate officer’ as defined by section 378(1), (4) and (5) of the Act and article 2(1) of the 2014 Order.]

Section 47.20 Content of application for a disclosure order under the Proceeds of Crime Act 2002

As well as complying with rules 47.6 and 47.17, an applicant who wants the court to make a disclosure order must—

(a) describe in general terms the information that the applicant wants the respondent to provide;

(b) confirm that none of the information is—

(i) expected to be subject to legal privilege, or

(ii) excluded material;

(c) explain why the information is likely to be of substantial value to the investigation;

(d) explain why it is in the public interest for the information to be provided, having regard to the benefit likely to accrue to the investigation if it is obtained; and

(e) propose the terms of the order.

[Note. See sections 357, 358 and 361 of the Proceeds of Crime Act 2002 and articles 16, 17 and 20 of the Proceeds of Crime Act 2002 (External Investigations) Order 2014.

Where the 2002 Act applies, a Crown Court judge may make a disclosure order for the purposes of a confiscation investigation only.

The applicant for a disclosure order must be a ‘relevant authority’ as defined by section 357(7) of the 2002 Act or an ‘appropriate officer’ as defined by article 2(1) of the 2014 Order, where the Order applies. In relation to a confiscation investigation, under section 357(2A) of the 2002 Act the applicant must have been asked to apply by an ‘appropriate officer’ as defined by section 378(1), (4) and (5) of the Act.

A disclosure order can require a lawyer to provide a client’s name and address.

The Practice Direction sets out forms of application, notice and order for use in connection with this rule.]

Section 47.21 Content of application for a customer information order under the Proceeds of Crime Act 2002

As well as complying with rules 47.6 and 47.17, an applicant who wants the court to make a customer information order must—

(a) explain why customer information about the person under investigation is likely to be of substantial value to that investigation;

(b) explain why it is in the public interest for the information to be provided, having regard to the benefit likely to accrue to the investigation if it is obtained; and

(c) propose the terms of the order.

[Note. See sections 363, 364, 365 and 368 of the Proceeds of Crime Act 2002 and articles 22, 23, 24 and 27 of the Proceeds of Crime Act 2002 (External Investigations) Order 2014.

A Crown Court judge may make a customer information order for the purposes of a confiscation investigation or a money laundering investigation.

The applicant for a customer information order must be an ‘appropriate officer’ as defined by section 378(1), (4) and (5) of the 2002 Act and article 2(1) of the 2014 Order.

‘Customer information’ is defined by section 364 of the 2002 Act and article 2(1) of the 2014 Order.

The Practice Direction sets out forms of application, notice and order for use in connection with this rule.]

Section 47.22 Content of application for an account monitoring order under the Proceeds of Crime Act 2002

As well as complying with rules 47.6 and 47.17, an applicant who wants the court to make an account monitoring order for the provision of account information must—

(a) specify—

(i) the information sought,

(ii) the period during which the applicant wants the respondent to provide that information (to a maximum of 90 days), and

(iii) when and in what manner the applicant wants the respondent to provide that information;

(b) explain why the information is likely to be of substantial value to the investigation;

(c) explain why it is in the public interest for the information to be provided, having regard to the benefit likely to accrue to the investigation if it is obtained; and

(d) propose the terms of the order.

[Note. See sections 370, 371 and 374 of the Proceeds of Crime Act 2002 and articles 29, 30 and 33 of the Proceeds of Crime Act 2002 (External Investigations) Order 2014.

Where the 2002 Act applies, a Crown Court judge may make an account monitoring order for the purposes of a confiscation investigation or a money laundering investigation.

The applicant for an account monitoring order must be an ‘appropriate officer’ as defined by section 378(1), (4) and (5) of the 2002 Act and article 2(1) of the 2014 Order.

‘Account information’ is defined by section 370 of the 2002 Act and article 29(3) of the 2014 Order.

The Practice Direction sets out forms of application, notice and order for use in connection with this rule.]

Section 47.23 Application for a production order under the Extradition Act 2003

(1) This rule applies where an applicant wants the court to make an order to which rule 47.4(e) refers.

(2) As well as complying with rule 47.6 (Application for order: general rules), the application must—

(a) identify the person whose extradition is sought;

(b) specify the extradition offence of which that person is accused;

(c) identify the respondent; and

(d) describe the special procedure or excluded material sought.

(3) In relation to the person whose extradition is sought, the application must explain the grounds for believing that—

(a) that person has committed the offence for which extradition is sought;

(b) that offence is an extradition offence; and

(c) that person is in the United Kingdom or is on the way to the United Kingdom.

(4) In relation to the material sought, the application must—

(a) specify the premises on which the material is believed to be;

(b) explain the grounds for believing that—

(i) the material is on those premises,

(ii) the material consists of or includes special procedure or excluded material, and

(iii) the material would be likely to be admissible evidence at a trial in England and Wales for the offence for which extradition is sought;

(c) explain what other methods of obtaining the material—

(i) have been tried without success, or

(ii) have not been tried because they appeared bound to fail; and

(d) explain why it is in the public interest for the respondent to produce or give access to the material.

(5) The application must propose—

(a) the terms of the order, and

(b) the period within which it should take effect.

[Note. See sections 157 and 158 of the Extradition Act 2003 . Under those provisions—

(a) ‘special procedure material’ means the same as under section 14 of the Police and Criminal Evidence Act 1984; and

(b) ‘excluded material’ means the same as under section 11 of the 1984 Act.

The applicant for a production order must be a constable.

The period within which an order takes effect must be specified in the order and, unless the court considers a longer period appropriate, must be 7 days from the date of the order.]

Section 47.24 When this Section applies

This Section applies where—

(a) a justice of the peace can issue a warrant under—

(i) section 8 of the Police and Criminal Evidence Act 1984 ,

(ii) section 2 of the Criminal Justice Act 1987 ;

(b) a Circuit judge can issue a warrant under—

(i) paragraph 12 of Schedule 1 to the Police and Criminal Evidence Act 1984 ,

(ii) paragraph 11 of Schedule 5 to the Terrorism Act 2000 ,

(iii) section 160 of the Extradition Act 2003 ;

(c) a Crown Court judge can issue a warrant under—

(i) section 352 of the Proceeds of Crime Act 2002 , or

(ii) article 13 of the Proceeds of Crime Act 2002 (External Investigations) Order 2014 ;

(d) a court to which these Rules apply can issue a warrant to search for and seize articles or persons under a power not listed in paragraphs (a), (b) or (c).

[Note. In outline, the warrants to which these rules apply are—

(a) under the Police and Criminal Evidence Act 1984, a warrant authorising entry to, and the search of, premises for material, articles or persons;

(b) under the Criminal Justice Act 1987, a warrant authorising entry to, and the search of, premises for documents sought by the Director of the Serious Fraud Office;

(c) under the Terrorism Act 2000, a warrant authorising entry to, and the search of, premises for material sought for the purposes of a terrorist investigation;

(d) under the Proceeds of Crime Act 2002 or under the Proceeds of Crime Act 2002 (External Investigations) Order 2014, a warrant authorising entry to, and the search of, premises for material sought for the purposes of a confiscation investigation, a money laundering investigation, a detained cash investigation or an external investigation;

(e) under the Extradition Act 2003, a warrant authorising entry to, and the search of, premises for material sought in connection with the prosecution of a person whose extradition has been requested;

(f) under other Acts, comparable warrants.

For all the relevant terms under which such warrants can be issued, see the provisions listed in this rule.

Under section 8 of the Senior Courts Act 1981 , a High Court judge, a Circuit judge, a Recorder, a qualifying judge advocate and a District Judge (Magistrates’ Courts) each may act as a Crown Court judge.

When the relevant provisions of the Courts Act 2003 come into force, a District Judge (Magistrates’ Courts) will have the same powers as a Circuit judge under the Police and Criminal Evidence Act 1984 and under the Terrorism Act 2000.

Under section 66 of the Courts Act 2003 , in criminal cases a High Court judge, a Circuit judge, a Recorder and a qualifying judge advocate each has the powers of a justice of the peace who is a District Judge (Magistrates’ Courts).

As well as governing procedure on an application to a magistrates’ court or the Crown Court, under the following provisions rules may govern the procedure on an application to an individual Circuit or Crown Court judge—

(a) paragraph 15A of Schedule 1 to the Police and Criminal Evidence Act 1984 ;

(b) paragraph 11 of Schedule 5 to the Terrorism Act 2000;

(c) section 352 of the Proceeds of Crime Act 2002; and

(d) section 160 of the Extradition Act 2003.]

Section 47.25 Exercise of court’s powers

(1) The court must determine an application for a warrant—

(a) at a hearing, which must be in private unless the court otherwise directs;

(b) in the presence of the applicant; and

(c) in the absence of any person affected by the warrant, including any person in occupation or control of premises which the applicant wants to search.

(2) If the court so directs, the applicant may attend the hearing by live link or telephone.

(3) The court must not determine an application unless satisfied that sufficient time has been allowed for it.

(4) The court must not determine an application unless the applicant confirms, on oath or affirmation, that to the best of the applicant’s knowledge and belief—

(a) the application discloses all the information that is material to what the court must decide, including any circumstances that might reasonably be considered capable of undermining any of the grounds of the application; and

(b) the content of the application is true.

(5) If the court requires the applicant to answer a question about an application—

(a) the applicant’s answer must be on oath or affirmation;

(b) the court must arrange for a record of the gist of the question and reply; and

(c) if the applicant cannot answer to the court’s satisfaction, the court may—

(i) specify the information the court requires, and

(ii) give directions for the presentation of any renewed application.

(6) Unless to do so would be inconsistent with other legislation, on an application the court may issue—

(a) a warrant in respect of specified premises;

(b) a warrant in respect of all premises occupied or controlled by a specified person;

(c) a warrant in respect of all premises occupied or controlled by a specified person which specifies some of those premises; or

(d) more than one warrant—

(i) each one in respect of premises specified in the warrant,

(ii) each one in respect of all premises occupied or controlled by a person specified in the warrant (whether or not such a warrant also specifies any of those premises), or

(iii) at least one in respect of specified premises and at least one in respect of all premises occupied or controlled by a specified person (whether or not such a warrant also specifies any of those premises).

[Note. See section 15 of the Police and Criminal Evidence Act 1984 and section 2(4) of the Criminal Justice Act 1987 . Not all the powers to which the rules in this Section apply permit the issue of a warrant in respect of all premises occupied or controlled by a specified person: see, for example, rule 47.32 (Application for warrant under section 352 of the Proceeds of Crime Act 2002).]

Section 47.26 Application for warrant: general rules

(1) This rule applies to each application to which this Section applies.

(2) The applicant must—

(a) apply in writing;

(b) serve the application on—

(i) the court officer, or

(ii) if the court office is closed, the court;

(c) demonstrate that the applicant is entitled to apply, for example as a constable or under legislation that applies to other officers;

(d) give the court an estimate of how long the court should allow—

(i) to read and prepare for the application, and

(ii) for the hearing of the application; and

(e) tell the court when the applicant expects any warrant issued to be executed.

(3) The application must disclose anything known or reported to the applicant that might reasonably be considered capable of undermining any of the grounds of the application.

(4) Where the application includes information that the applicant thinks should not be supplied under rule 5.7 (Supply to a party of information or documents from records or case materials) to a person affected by a warrant, the applicant may—

(a) set out that information in a separate document, marked accordingly; and

(b) in that document, explain why the applicant thinks that that information ought not to be supplied to anyone other than the court.

(5) The application must include—

(a) a declaration by the applicant that to the best of the applicant’s knowledge and belief—

(i) the application discloses all the information that is material to what the court must decide, including anything that might reasonably be considered capable of undermining any of the grounds of the application, and

(ii) the content of the application is true; and

(b) a declaration by an officer senior to the applicant that the senior officer has reviewed and authorised the application.

(6) The application must attach a draft warrant or warrants in the terms proposed by the applicant.

Section 47.27 Information to be included in a warrant

(1) A warrant must identify—

(a) the person or description of persons by whom it may be executed;

(b) any person who may accompany a person executing the warrant;

(c) so far as practicable, the material, documents, articles or persons to be sought;

(d) the legislation under which it was issued;

(e) the name of the applicant;

(f) the court that issued it, unless that is otherwise recorded by the court officer;

(g) the court office for the court that issued it; and

(h) the date on which it was issued.

(2) A warrant must specify—

(a) either—

(i) the premises to be searched, where the application was for authority to search specified premises, or

(ii) the person in occupation or control of premises to be searched, where the application was for authority to search any premises occupied or controlled by that person; and

(b) the number of occasions on which specified premises may be searched, if more than one.

(3) A warrant must include, by signature, initial, or otherwise, an indication that it has been approved by the court that issued it.

(4) Where a warrant comprises more than a single page, each page must include such an indication.

(5) A copy of a warrant must include a prominent certificate that it is such a copy.

[Note. See sections 15 and 16 of the Police and Criminal Evidence Act 1984 . Not all the powers to which the rules in this Section apply permit the issue of a warrant in respect of all premises occupied or controlled by a specified person: see, for example, rule 47.32 (Application for warrant under section 352 of the Proceeds of Crime Act 2002).]

Section 47.28 Application for warrant under section 8 of the Police and Criminal Evidence Act 1984

(1) This rule applies where an applicant wants a magistrates’ court to issue a warrant or warrants under section 8 of the Police and Criminal Evidence Act 1984 .

(2) As well as complying with rule 47.26, the application must—

(a) specify the offence under investigation (and see paragraph (3));

(b) so far as practicable, identify the material sought (and see paragraph (4));

(c) specify the premises to be searched (and see paragraphs (5) and (6));

(d) state whether the applicant wants the premises to be searched on more than one occasion (and see paragraph (7)); and

(e) state whether the applicant wants other persons to accompany the officers executing the warrant or warrants (and see paragraph (8)).

(3) In relation to the offence under investigation, the application must—

(a) state whether that offence is—

(i) an indictable offence, or

(ii) a relevant offence as defined in section 28D of the Immigration Act 1971 ; and

(b) explain the grounds for believing that the offence has been committed.

(4) In relation to the material sought, the application must explain the grounds for believing that that material—

(a) is likely to be of substantial value to the investigation (whether by itself, or together with other material);

(b) is likely to be admissible evidence at trial for the offence under investigation; and

(c) does not consist of or include items subject to legal privilege, excluded material or special procedure material.

(5) In relation to premises which the applicant wants to be searched and can specify, the application must—

(a) specify each set of premises;

(b) in respect of each set of premises, explain the grounds for believing that material sought is on those premises; and

(c) in respect of each set of premises, explain the grounds for believing that—

(i) it is not practicable to communicate with any person entitled to grant entry to the premises,

(ii) it is practicable to communicate with such a person but it is not practicable to communicate with any person entitled to grant access to the material sought,

(iii) entry to the premises will not be granted unless a warrant is produced, or

(iv) the purpose of a search may be frustrated or seriously prejudiced unless a constable arriving at the premises can secure immediate entry to them.

(6) In relation to premises which the applicant wants to be searched but at least some of which the applicant cannot specify, the application must—

(a) explain the grounds for believing that—

(i) because of the particulars of the offence under investigation it is necessary to search any premises occupied or controlled by a specified person, and

(ii) it is not reasonably practicable to specify all the premises which that person occupies or controls which might need to be searched;

(b) specify as many sets of premises as is reasonably practicable;

(c) in respect of each set of premises, whether specified or not, explain the grounds for believing that material sought is on those premises; and

(d) in respect of each specified set of premises, explain the grounds for believing that—

(i) it is not practicable to communicate with any person entitled to grant entry to the premises,

(ii) it is practicable to communicate with such a person but it is not practicable to communicate with any person entitled to grant access to the material sought,

(iii) entry to the premises will not be granted unless a warrant is produced, or

(iv) the purpose of a search may be frustrated or seriously prejudiced unless a constable arriving at the premises can secure immediate entry to them.

(7) In relation to any set of premises which the applicant wants to be searched on more than one occasion, the application must—

(a) explain why it is necessary to search on more than one occasion in order to achieve the purpose for which the applicant wants the court to issue the warrant; and

(b) specify any proposed maximum number of occasions.

(8) In relation to any set of premises which the applicant wants to be searched by the officers executing the warrant with other persons authorised by the court, the application must—

(a) identify those other persons, by function or description; and

(b) explain why those persons are required.

[Note. Under section 8 of the Police and Criminal Evidence Act 1984, where there are reasonable grounds for believing that an indictable offence has been committed a constable may apply to a justice of the peace for a warrant authorising a search for evidence on specified premises, or on the premises of a specified person. Under section 8(6) of the 1984 Act, section 8 applies also in relation to relevant offences as defined in section 28D(4) of the Immigration Act 1971 (some of which are not indictable offences).

Under section 23 of the 1984 Act , ‘premises’ includes any place, and in particular any vehicle, vessel, aircraft or hovercraft, any offshore installation, any renewable energy installation and any tent or moveable structure.

Under section 16(3) of the 1984 Act , entry and search under a warrant must be within 3 months from the date of its issue.

See also the code of practice for the search of premises issued under section 66 of the 1984 Act .

The Practice Direction sets out forms of application and warrant for use in connection with this rule.]

Section 47.29 Application for warrant under section 2 of the Criminal Justice Act 1987

(1) This rule applies where an applicant wants a magistrates’ court to issue a warrant or warrants under section 2 of the Criminal Justice Act 1987 .

(2) As well as complying with rule 47.26, the application must—

(a) describe the investigation being conducted by the Director of the Serious Fraud Office and include—

(i) an explanation of what is alleged and why, and

(ii) a chronology of relevant events;

(b) specify the document, documents or description of documents sought by the applicant (and see paragraphs (3) and (4)); and

(c) specify the premises which the applicant wants to be searched (and see paragraph (5)).

(3) In relation to each document or description of documents sought, the application must—

(a) explain the grounds for believing that each such document—

(i) relates to a matter relevant to the investigation, and

(ii) could not be withheld from disclosure or production on grounds of legal professional privilege; and

(b) explain the grounds for believing that—

(i) a person has failed to comply with a notice by the Director to produce the document or documents,

(ii) it is not practicable to serve such a notice, or

(iii) the service of such a notice might seriously impede the investigation.

(4) In relation to any document or description of documents which the applicant wants to be preserved but not seized under a warrant, the application must—

(a) specify the steps for which the applicant wants the court’s authority in order to preserve and prevent interference with the document or documents; and

(b) explain why such steps are necessary.

(5) In respect of each set of premises which the applicant wants to be searched, the application must explain the grounds for believing that a document or description of documents sought by the applicant is on those premises.

(6) If the court so directs, the applicant must make available to the court material on which is based the information given under paragraph (2).

[Note. Under section 2 of the Criminal Justice Act 1987, where the Director of the Serious Fraud Office is investigating a case of serious or complex fraud a member of that Office may apply to a justice of the peace for a warrant authorising a search of specified premises for documents relating to any matter relevant to the investigation. Under section 66 of the Courts Act 2003 , a Circuit judge can exercise the power to issue a warrant.

Under section 16(3) of the Police and Criminal Evidence Act 1984, entry and search under a warrant must be within 3 months from the date of its issue.

The Practice Direction sets out forms of application and warrant for use in connection with this rule.]

Section 47.30 Application for warrant under paragraph 12 of Schedule 1 to the Police and Criminal Evidence Act 1984

(1) This rule applies where an applicant wants a Circuit judge to issue a warrant or warrants under paragraph 12 of Schedule 1 to the Police and Criminal Evidence Act 1984 .

(2) As well as complying with rule 47.26, the application must—

(a) specify the offence under investigation (and see paragraph (3)(a));

(b) specify the set of access conditions on which the applicant relies (and see paragraphs (3) and (4));

(c) so far as practicable, identify the material sought;

(d) specify the premises to be searched (and see paragraphs (6) and (7)); and

(e) state whether the applicant wants other persons to accompany the officers executing the warrant or warrants (and see paragraph (8)).

(3) Where the applicant relies on paragraph 2 of Schedule 1 to the Police and Criminal Evidence Act 1984 (‘the first set of access conditions’: general power to gain access to special procedure material), the application must—

(a) specify the indictable offence under investigation;

(b) explain the grounds for believing that the offence has been committed;

(c) explain the grounds for believing that the material sought—

(i) is likely to be of substantial value to the investigation (whether by itself, or together with other material),

(ii) is likely to be admissible evidence at trial for the offence under investigation, and

(iii) does not consist of or include items subject to legal privilege or excluded material;

(d) explain what other methods of obtaining the material—

(i) have been tried without success, or

(ii) have not been tried because they appeared bound to fail; and

(e) explain why it is in the public interest to obtain the material, having regard to—

(i) the benefit likely to accrue to the investigation if the material is obtained, and

(ii) the circumstances under which the material is held.

(4) Where the applicant relies on paragraph 3 of Schedule 1 to the Police and Criminal Evidence Act 1984 (‘the second set of access conditions’: use of search warrant power to gain access to excluded or special procedure material), the application must—

(a) state the legislation under which a search warrant could have been issued, had the material sought not been excluded or special procedure material (in this paragraph, described as ‘the main search power’);

(b) include or attach the terms of the main search power;

(c) explain how the circumstances would have satisfied any criteria prescribed by the main search power for the issue of a search warrant;

(d) explain why the issue of such a search warrant would have been appropriate.

(5) Where the applicant relies on the second set of access conditions and on an assertion that a production order made under paragraph 4 of Schedule 1 to the 1984 Act in respect of the material sought has not been complied with—

(a) the application must—

(i) identify that order and describe its terms, and

(ii) specify the date on which it was served; but

(b) the application need not comply with paragraphs (6) or (7).

(6) In relation to premises which the applicant wants to be searched and can specify, the application must (unless paragraph (5) applies)—

(a) specify each set of premises;

(b) in respect of each set of premises, explain the grounds for believing that material sought is on those premises; and

(c) in respect of each set of premises, explain the grounds for believing that—

(i) it is not practicable to communicate with any person entitled to grant entry to the premises,

(ii) it is practicable to communicate with such a person but it is not practicable to communicate with any person entitled to grant access to the material sought,

(iii) the material sought contains information which is subject to a restriction on disclosure or an obligation of secrecy contained in an enactment and is likely to be disclosed in breach of the restriction or obligation if a warrant is not issued, or

(iv) service of notice of an application for a production order under paragraph 4 of Schedule 1 to the 1984 Act may seriously prejudice the investigation.

(7) In relation to premises which the applicant wants to be searched but at least some of which the applicant cannot specify, the application must (unless paragraph (5) applies)—

(a) explain the grounds for believing that—

(i) because of the particulars of the offence under investigation it is necessary to search any premises occupied or controlled by a specified person, and

(ii) it is not reasonably practicable to specify all the premises which that person occupies or controls which might need to be searched;

(b) specify as many sets of premises as is reasonably practicable;

(c) in respect of each set of premises, whether specified or not, explain the grounds for believing that material sought is on those premises; and

(d) in respect of each specified set of premises, explain the grounds for believing that—

(i) it is not practicable to communicate with any person entitled to grant entry to the premises,

(ii) it is practicable to communicate with such a person but it is not practicable to communicate with any person entitled to grant access to the material sought,

(iii) the material sought contains information which is subject to a restriction on disclosure or an obligation of secrecy contained in an enactment and is likely to be disclosed in breach of the restriction or obligation if a warrant is not issued, or

(iv) service of notice of an application for a production order under paragraph 4 of Schedule 1 to the 1984 Act may seriously prejudice the investigation.

(8) In relation to any set of premises which the applicant wants to be searched by the officers executing the warrant with other persons authorised by the court, the application must—

(a) identify those other persons, by function or description; and

(b) explain why those persons are required.

[Note. Under paragraph 12 of Schedule 1 to the Police and Criminal Evidenced Act 1984, where the conditions listed in that paragraph and, if applicable, in paragraphs 12A and 14 of that Schedule are fulfilled a constable may apply to a Circuit judge for a warrant authorising a search for evidence consisting of special procedure material or, in some cases, excluded material on specified premises or on the premises of a specified person.

Under section 16(3) of the 1984 Act , entry and search under a warrant must be within 3 months from the date of its issue.

See also the code of practice for the search of premises issued under section 66 of the 1984 Act.

The Practice Direction sets out forms of application and warrant for use in connection with this rule.]

Section 47.31 Application for warrant under paragraph 11 of Schedule 5 to the Terrorism Act 2000

(1) This rule applies where an applicant wants a Circuit judge to issue a warrant or warrants under paragraph 11 of Schedule 5 to the Terrorism Act 2000 .

(2) As well as complying with rule 47.26, the application must—

(a) specify the offence under investigation;

(b) explain how the investigation constitutes a terrorist investigation within the meaning of the Terrorism Act 2000;

(c) so far as practicable, identify the material sought (and see paragraph (4));

(d) specify the premises to be searched (and see paragraph (5)); and

(e) state whether the applicant wants other persons to accompany the officers executing the warrant or warrants (and see paragraph (6)).

(3) Where the applicant relies on an assertion that a production order made under paragraph 5 of Schedule 5 to the 2000 Act in respect of material on the premises has not been complied with—

(a) the application must—

(i) identify that order and describe its terms, and

(ii) specify the date on which it was served; but

(b) the application need not comply with paragraphs (4) or (5)(b).

(4) In relation to the material sought, unless paragraph (3) applies the application must explain the grounds for believing that—

(a) the material consists of or includes excluded material or special procedure material but does not include items subject to legal privilege;

(b) the material is likely to be of substantial value to a terrorist investigation (whether by itself, or together with other material); and

(c) it is not appropriate to make an order under paragraph 5 of Schedule 11 to the 2000 Act in relation to the material because—

(i) it is not practicable to communicate with any person entitled to produce the material,

(ii) it is not practicable to communicate with any person entitled to grant access to the material or entitled to grant entry to premises to which the application for the warrant relates, or

(iii) a terrorist investigation may be seriously prejudiced unless a constable can secure immediate access to the material.

(5) In relation to the premises which the applicant wants to be searched, the application must—

(a) specify—

(i) where paragraph (3) applies, the respondent and any premises to which the production order referred, or

(ii) in any other case, one or more sets of premises, or any premises occupied or controlled by a specified person (which may include one or more specified sets of premises); and

(b) unless paragraph (3) applies, in relation to premises which the applicant wants to be searched but cannot specify, explain why—

(i) it is necessary to search any premises occupied or controlled by the specified person, and

(ii) it is not reasonably practicable to specify all the premises which that person occupies or controls which might need to be searched;

(c) explain the grounds for believing that material sought is on those premises.

(6) In relation to any set of premises which the applicant wants to be searched by the officers executing the warrant with other persons authorised by the court, the application must—

(a) identify those other persons, by function or description; and

(b) explain why those persons are required.

[Note. Under paragraph 11 of Schedule 5 to the Terrorism Act 2000, where the conditions listed in that paragraph and in paragraph 12 of that Schedule are fulfilled a constable may apply to a Circuit judge for a warrant authorising a search for material consisting of excluded material or special procedure material on specified premises or on the premises of a specified person.

Under section 16(3) of the 1984 Act, entry and search under a warrant must be within 3 months from the date of its issue.

See also the code of practice for the search of premises issued under section 66 of the 1984 Act.

The Practice Direction sets out forms of application and warrant for use in connection with this rule.]

Section 47.32 Application for warrant under section 352 of the Proceeds of Crime Act 2002

(1) This rule applies where an applicant wants a Crown Court judge to issue a warrant or warrants under—

(a) section 352 of the Proceeds of Crime Act 2002 ; or

(b) article 13 of the Proceeds of Crime Act 2002 (External Investigations) Order 2014 .

(2) As well as complying with rule 47.26, the application must—

(a) explain whether the investigation is a confiscation investigation, a money laundering investigation, a detained cash investigation or an external investigation;

(b) in the case of an investigation in the United Kingdom, explain why the applicant suspects that—

(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

(ii) the cash involved is property obtained through unlawful conduct, or is intended to be used in unlawful conduct, in the case of a detained cash investigation;

(c) in the case of an investigation outside the United Kingdom, explain why the applicant believes that—

(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

(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;

(d) indicate what material is sought (and see paragraphs (4) and (5));

(e) specify the premises to be searched (and see paragraph (6)); and

(f) state whether the applicant wants other persons to accompany the officers executing the warrant or warrants (and see paragraph (7)).

(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—

(a) the application must—

(i) identify that order and describe its terms,

(ii) specify the date on which it was served, and

(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

(b) the application need not comply with paragraphs (4) or (5).

(4) Unless paragraph (3) applies, in relation to the material sought the application must—

(a) specify the material; or

(b) give a general description of the material and explain the grounds for believing that it relates to the person under investigation and—

(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,

(ii) in the case of a money laundering investigation, relates to the question whether that person has committed a money laundering offence,

(iii) in the case of a detained cash investigation into the derivation of cash, relates to the question whether that cash is recoverable property,

(iv) in the case of a detained cash investigation into the intended use of the cash, relates to the question whether that cash is intended by any person to be used in unlawful conduct,

(v) in the case of an investigation outside the United Kingdom, relates to that investigation.

(5) Unless paragraph (3) applies, in relation to the material sought the application must explain also the grounds for believing that—

(a) the material consists of or includes special procedure material but does not include excluded material or privileged material;

(b) the material is likely to be of substantial value to the investigation (whether by itself, or together with other material); and

(c) it is in the public interest for the material to be obtained, having regard to—

(i) other potential sources of information,

(ii) the benefit likely to accrue to the investigation if the material is obtained.

(6) In relation to the premises which the applicant wants to be searched, unless paragraph (3) applies the application must—

(a) explain the grounds for believing that material sought is on those premises;

(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—

(i) it is not practicable to communicate with any person against whom the production order could be made,

(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

(iii) the investigation might be seriously prejudiced unless an appropriate person is able to secure immediate access to the material;

(c) if the application gives a general description of the material sought, explain the grounds for believing that—

(i) it is not practicable to communicate with any person entitled to grant entry to the premises,

(ii) entry to the premises will not be granted unless a warrant is produced, or

(iii) the investigation might be seriously prejudiced unless an appropriate person arriving at the premises is able to secure immediate access to them;

(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—

(a) identify those other persons, by function or description; and

(b) explain why those persons are required.

[Note. Under section 352 of the Proceeds of Crime Act 2002 where there is a confiscation investigation, a money laundering investigation or a detained cash 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 .

Under 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.

Under 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.

See also the code of practice for the search of premises issued under section 66 of the 1984 Act.

The Practice Direction sets out forms of application and warrant for use in connection with this rule.]