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HMRC dawn raids in practice—client checklist

HMRC dawn raids in practice—client checklist When conducting a criminal investigation, HMRC has the power to apply to a magistrate for a warrant to enter and search premises. It can also seize and retain any material covered by the warrant. HMRC's powers to investigate criminal offences, and the circumstances in which it may use them, are described in Practice Note: HMRC criminal investigations and dawn raids. This Checklist contains a practical list of things to do, or not to do, in a dawn raid. It can be used as a reference guide for clients who may be facing a dawn raid. The procedures described would need to be communicated to staff in advance. As the client would not know about the dawn raid before it happens this may be problematic. It may be possible to circulate the guide on a 'just in case' basis. It is also a good idea to train key staff on how to manage and respond to a dawn raid. What to expect in a dawn...

Procedural guide—search orders—family proceedings

Procedural guide—search orders—family proceedings Historically known as Anton Piller orders, search orders tend to be made in conjunction with a freezing order and allow the applicant to enter the respondent's premises to search and preserve evidence that may otherwise be disposed of or destroyed. The order can only be served by a supervising solicitor and is subject to very strict conditions as detailed in the Family Procedure Rules 2010 (FPR 2010), SI 2010/2955. The use of Anton Piller orders, now enshrined in FPR 2010 as search orders, came to the fore in family proceedings in two cases concerned with disclosure and self help (L v L and Tchenguiz v Imerman; Imerman v Imerman). A clear warning has been given by the courts of the dangers of self-help as opposed to the appropriate remedies available through the court, see Practice Note: Procedural aspects of disclosure in financial proceedings—Disclosure of documents belonging to the other party. Great care should be taken when drafting the terms of the order. A standard order...

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Obtaining and executing a search warrant under PACE 1984

Searches of premises during criminal investigations may be conducted on the authority of a warrant issued by a court, or without warrant under a number of statutory powers. Many of these powers are governed by Part II of the Police and Criminal Evidence Act 1984 (PACE 1984) and Code B of the PACE 1984 Codes of Practice. For information on the search of premises on and after arrest under PACE 1984, ss 18 and 32, see Practice Note: Search of premises without warrant.Search warrants under PACE 1984 may be obtained under either section 8 or 9 (excluded material and special procedure material). For detailed analysis on warrants obtained in accordance with PACE 1984, s 9, see Practice Notes: Obtaining excluded material and special procedure material under PACE 1984 and Excluded material and special procedure material under PACE 1984—applications and challenges.Note that there is no priority or preference between the use of the search warrant procedure (under PACE 1984, ss 8–9) and the use of the post-arrest search powers (under PACE 1984,...

Search and seizure warrants under section 352 of POCA 2002

Obtaining a warrant under POCA 2002, s 352A search and seizure warrant authorises an appropriate person to enter and search the premises specified and to seize and retain any material found there which is likely to be of substantial value to the investigation for the purposes of which the application is made. In general there are two situations where a search and seizure warrant will be necessary:•the first is in respect of specific material where a production order has failed to produce it, eg where it is not possible to locate or communicate with the person in possession of the material, possibly because they are out of the jurisdiction or failing to co-operate•the second comprises a series of cumulative and alternative conditions as set out in section 353 of the Proceeds of Crime Act 2002 (POCA 2002), where it would be inappropriate to obtain specific material by a production order, eg because the material cannot be specifically identified at the time of the applicationSee Practice Note: Production orders.The applicationAn application...

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Standard order 3.2—search order—family proceedings

Standard order 3.2—search order—family proceedings In the Family Court sitting at [Court name] No: [case number] [ The Matrimonial Causes Act 1973 OR The Civil Partnership Act 2004 OR The Matrimonial and Family Proceedings Act 1984 and Schedule 7 to the Civil Partnership Act 2004 OR The Senior Courts Act 1981 ] [DELETE AS APPROPRIATE] The [Marriage OR Civil Partnership OR Relationship] of [applicant name] and [respondent name] After hearing [name the advocate(s) who appeared] After reading the statements and hearing the witnesses specified in the recitals below Search order made by [name of judge] on [date] sitting in private   To [RESPONDENT NAME] of [RESPONDENT ADDRESS] Warning: if you [RESPONDENT NAME] disobey this order you may be held to be in contempt of court and may be imprisoned, fined or have your assets seized Any other person who knows of this order and does anything which helps or permits [RESPONDENT NAME] to breach the terms of this order may be held to be in contempt...

Search order

Search order Claim No. [insert claim number] IN THE HIGH COURT OF JUSTICE [BUSINESS AND PROPERTY COURTS [OF ENGLAND AND WALES OR IN [insert location]] [Specify division] [Specify specialist court] [Insert location] DISTRICT REGISTRY before [The Honourable Mr Justice OR The Honourable Mrs Justice OR His Honour Judge OR Her Honour Judge ][insert name] [sitting as a Judge of the High Court] between: [insert name] Applicant and [insert name] Respondent [The Claimant and Defendant in an Intended Action] [Name address and reference of Respondent] _______________________________________ [ Draft ] SEARCH ORDER _______________________________________ PENAL NOTICE If you [insert name of respondent(s)] disobey this order you may be held to be in contempt of court and may be imprisoned, fined or have your assets seized. Any other person who knows of this order and does anything which helps or permits the Respondent to breach the terms of this order may also be held to be in contempt of court and may be imprisoned,...

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What powers does an investigator have to compel the witness to provide a statement during a criminal investigation, where a witness is known to be in the possession of crucial evidence, but is unwilling to provide a section 9 witness statement? Can the witness be forced to give evidence at trial?

What powers does an investigator have to compel the witness to provide a statement during a criminal investigation, where a witness is known to be in the possession of crucial evidence, but is unwilling to provide a section 9 witness statement? Can the witness be forced to give evidence at trial? Certain regulators have specific powers to compel witnesses to give statements during investigations. These are statutory powers which can be used during an investigation into suspected offences and the witness is compelled to attend the interview to answer questions or to provide information. However, as these are powers to compel and the witness has no right of silence as they would do in an interview under caution, there are statutory safeguards restricting the use of any information obtained from the compulsory interview powers. The contents of the interviews cannot be used in evidence against the maker in their subsequent criminal trial unless: • the trial is a prosecution for an offence of providing false or...

Does an immigration officer need a warrant to enter a client’s home address?

Does an immigration officer need a warrant to enter a client’s home address? Immigration officers have wide—but far from unlimited—statutory powers to enter an individual’s home without a warrant issued by a JP or (in Scotland) a sheriff. Powers derive primarily from the Immigration Act 1971 (IA 1971) and have been amended multiple times over the years in order to widen powers of entry and arrest for immigration officers. An immigration officer has the power to enter and search, without a warrant but importantly with the authorisation of a chief immigration officer or above, any premises where they believe on reasonable grounds that a suspect is, in order to make an arrest for a range of suspected offences. What amounts to ‘reasonable grounds’ is an objective test, with the burden of proof lying on the immigration officer to establish that such grounds exist. The specified offences are: • assisting a breach of immigration law or the arrival of asylum claimants under IA 1971, ss 25, 25A and 25B •...

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Tax weekly highlights—21 November 2024

This week's edition of Tax weekly highlights includes: (1) the Court of Appeal decision in Refinitiv concerning the interaction between the diverted profits tax and an advance pricing agreement, and (2) the Supreme Court decision in Cobalt Data Centre on the scope of the enterprise zone allowance.

Corporate Crime weekly highlights—26 September 2024

This week's edition of Corporate Crime weekly highlights includes analysis of the key findings of the Grenfell Tower Inquiry phase 2 report, of concerns that the UK reimbursement plan for fraudulent APP could attract organised crime and of research published by Pinsent Masons LLP which found that HMRC raised almost £1bn in its most serious criminal investigations of tax fraud year-on-year in April 2024. Also included is news of Europol’s report on the benefits and challenges of AI for law enforcement, of the summary response by the FSA Board to ideas for a new form of national level scrutiny of large retailers and of the latest prosecution news from the SFO. All this, and more, in this week’s Corporate Crime highlights.

View the latest UK Parliament Acts documents on Search warrant

8 Power of justice of the peace to authorise entry and search of premises

8  Power of justice of the peace to authorise entry and search of premises(1)     If on an application made by a constable a justice of the peace is satisfied that there are reasonable grounds for believing—(a)     that [an indictable offence] has been committed; and(b)     that there is material on premises [mentioned in subsection (1A) below] which is likely to be of substantial value (whether by itself or together with other material) to the investigation of the offence; and(c)     that the material is likely to be relevant evidence; and(d)     that it does not consist of or include items subject to legal privilege, excluded material or special procedure material; and(e)     that any of the conditions specified in subsection (3) below applies [in relation to each set of premises specified in