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The Criminal Procedure Rules 2025

Type Statutory-Instrument

Publication 2025-07-15

Last updated 2026-04-06

State In force

Department King's Printer of Acts of Parliament

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[Note. See paragraphs 1 to 4 of Schedule 1 to the Police and Criminal Evidence Act 1984¹¹¹⁵. The applicant for an order must be a constable. Sections 10, 11 and 14 of the 1984 Act¹¹¹⁶define ‘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.

ORDERS UNDER THE TERRORISM ACT 2000 AND THE NATIONAL SECURITY ACT 2023

Application for an order under the Terrorism Act 2000 or the National Security Act 2023

47.11

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

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

(a) an application for an order to which rule 47.4(b) or (c) refers must—

(i) specify the offence under investigation, and

(ii) explain how the investigation constitutes a terrorist investigation or terrorist financing investigation, as appropriate, within the meaning of the Terrorism Act 2000¹¹¹⁸;

(b) an application for an order to which rule 47.4(h) or (i) refers must briefly describe the relevant act under investigation or the relevant investigation taking place; and

(i) identify any respondent, and

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

[Note. ‘Terrorist investigation’ is defined by section 32 of the Terrorism Act 2000, ‘terrorist financing investigation’ by paragraph 4 of Schedule 5A to the 2000 Act and ‘terrorist property’ by section 14 of the 2000 Act.

‘Relevant act’ is defined by paragraph 1(2) of Schedule 2 to the National Security Act 2023. In summary, such an act is (i) an offence of espionage, sabotage or foreign interference in elections, (ii) conduct preparatory to such an offence, and (iii) acts or threats involving serious violence, the endangering of life or the creation of a serious risk to public health or safety where those acts or threats are carried out for a foreign power, or at the instigation or with the assistance of such a power.

Content of application for a production etc. order under the Terrorism Act 2000 or the National Security Act 2023

47.12

(1) As well as complying with rules 47.6 and 47.11, an applicant who wants the court to make an order under paragraph 5 of Schedule 5 to the Terrorism Act 2000¹¹¹⁹ for the production of, or for giving access to, material, or for a statement of its location, must—

(a) identify the material sought;

(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;

(i) how the material consists of or includes excluded material or special procedure material (or, if not yet in existence, will do so), and

(ii) why the material is not expected to include items subject to legal privilege.

(2) An applicant who wants the court to make an order under paragraph 5(5) of Schedule 5 to the 2000 Act to grant entry in aid of a production order must—

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

(b) explain why the order is needed.

(3) As well as complying with rules 47.6 and 47.11, an applicant who wants the court to make an order under paragraph 3 or paragraph 4 of Schedule 2 to the National Security Act 2023¹¹²⁰ for the production of, or for giving access to, material, or for a statement of its location must—

(a) identify the material sought;

(b) explain the grounds for suspecting that the material is—

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

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

(i) consists of or includes confidential material (or, if not yet in existence, will do so), but

(ii) does not (or will not) include items subject to legal privilege;

(d) explain the grounds for suspecting that—

(i) if the material is in existence, it is likely to be evidence that a relevant act has been, or is about to be, committed, or

(ii) it will be such evidence if the material is likely to come into existence and then to be in the respondent’s possession, custody or power within 28 days of the order .

(4) In each case the application must explain the grounds for believing that—

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

(b) 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.

(5) In each case the applicant must propose—

(a) the terms of the order sought, and

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

[Note. See paragraphs 5 to 9 of Schedule 5 to the Terrorism Act 2000¹¹²¹and paragraphs 3 to 7 of Schedule 2 to the National Security Act 2023.

Content of application for a disclosure order or information order under the Terrorism Act 2000 or the National Security Act 2023

47.13

(1) As well as complying with rules 47.6 and 47.11, an applicant who wants the court to make a disclosure order must—

(a) explain, as applicable, the grounds for suspecting that—

(i) a person has committed an offence under any of sections 15 to 18 of the Terrorism Act 2000¹¹²⁴,

(ii) property specified in the application is terrorist property within the meaning of section 14 of the 2000 Act¹¹²⁵, or

(iii) money or other property specified in the application is relevant property within the meaning of paragraph 1 of Schedule 3 to the National Security Act 2023;

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

(i) information which may be provided is likely to be of substantial value, whether or not by itself, to the investigation, and

(ii) 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.

(2) As well as complying with rule 47.6, an applicant who wants the court to make an information order must—

(a) identify the respondent from whom the information is sought and explain—

(i) whether the respondent is the person who made the disclosure to which the information relates or is otherwise carrying on a business in the regulated sector within the meaning of Part 1 of Schedule 3A to the 2000 Act¹¹²⁶, and

(ii) why the applicant thinks that the information is in the possession, or under the control, of the respondent;

(b) specify or describe the information that the applicant wants the respondent to provide;

(c) where the information sought relates to a disclosure of information by someone under section 21A of the 2000 Act¹¹²⁷ (Failure to disclose: regulated sector), explain—

(i) how the information sought relates to a matter arising from that disclosure,

(ii) how the information would assist in investigating whether a person is involved in the commission of an offence under any of sections 15 to 18 of that Act¹¹²⁸, or in determining whether an investigation of that kind should be started, or in identifying terrorist property or its movement or use, and

(iii) why it is reasonable in all the circumstances for the information to be provided;

(d) where the information sought relates to a disclosure made under a requirement of the law of a country outside the United Kingdom which corresponds with Part III of the 2000 Act (Terrorist property), and an authority in that country which investigates offences corresponding with sections 15 to 18 of that Act has asked the National Crime Agency for information in connection with that disclosure, explain—

(i) how the information sought relates to a matter arising from that disclosure,

(ii) why the information is likely to be of substantial value to the authority that made the request in determining any matter in connection with the disclosure, and

(iii) why it is reasonable in all the circumstances for the information to be provided;

(e) where the information sought is to assist the National Crime Agency to conduct analysis for the purposes of the Agency’s criminal intelligence function so far as that relates to terrorist financing—

(i) explain how the information would assist the Agency to conduct that analysis,

(ii) demonstrate that the applicant has had regard to the code of practice under section 22F of the 2000 Act¹¹²⁹, and

(iii) explain why it is reasonable in all the circumstances for the information to be provided;

(f) where the information sought is to assist a financial intelligence unit in a country outside the United Kingdom to conduct analysis concerned with terrorist financing, following a request by that unit to the National Crime Agency—

(i) explain how the information is likely to be of substantial value to that financial intelligence unit in carrying out that analysis,

(ii) demonstrate that the applicant has had regard to the code of practice under section 22F of the 2000 Act, and

(iii) explain why it is reasonable in all the circumstances for the information to be provided; and

(g) propose the terms of the order, including—

(i) how the respondent must provide the information required, and

(ii) the date by which the information must be provided.

(3) Rule 47.8 (Application to vary or discharge an order) does not apply to an information order.

(4) Paragraph (5) applies where a party to an application for an information order wants to appeal to the Crown Court from the decision of the magistrates’ court.

(5) The appellant must—

(a) serve an appeal notice—

(i) on the Crown Court officer and on the other party,

(ii) not more than 15 business days after the magistrates’ court’s decision; and

(b) in the appeal notice, explain, as appropriate, why the Crown Court should (as the case may be) make, discharge or vary an information order.

(6) Rule 34.11 (Constitution of the Crown Court) applies on such an appeal.

[Note. See sections 22B, 22D, 22E and 22F of, and Schedule 5A to, the Terrorism Act 2000¹¹³⁰and Schedule 3 to the National Security Act 2023.

Content of application for an explanation order under the Terrorism Act 2000 or the National Security Act 2023

47.14

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; and

(b) propose the terms of the order.

[Note. See paragraph 13 of Schedule 5 to the Terrorism Act 2000¹¹³⁵and paragraph 10 of Schedule 2 to the National Security Act 2023. The applicant for an explanation order may be a constable or, where the application concerns material produced to a counter-terrorism financial investigator, such an investigator.

Content of application for a customer information order under the Terrorism Act 2000 or the National Security Act 2023

47.15

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) specify the person in respect of whom customer information is sought;

(b) explain, as applicable—

(i) why the order is desirable for the purposes of a terrorist investigation to trace terrorist property within the meaning of the Terrorism Act 2000, or

(ii) why the order is sought for the purposes of an investigation into foreign power threat activity within the meaning of the National Security Act 2023;

(d) propose the terms of the order.

[Note. See Schedule 6 to the Terrorism Act 2000 and Schedule 4 to the National Security Act 2023. The applicant for a customer information order must be—

(a) under the 2000 Act, a police officer of at least the rank of superintendent;

(b) under the 2023 Act, a police officer of at least the rank of superintendent, a constable authorised by an officer of at least the rank of superintendent, the Director General of the National Crime Agency, or an officer of that Agency authorised by or on behalf of the Director General.

‘Customer information’ is defined by paragraph 7 of Schedule 6 to the 2000 Act and paragraph 8 of Schedule 4 to the 2023 Act, each incorporating section 364 of the Proceeds of Crime Act 2002¹¹³⁶. In summary, such information is whether the individual or corporation named in the order holds or has held an account at the respondent financial institution and, if so, the details listed in section 364 of the 2002 Act.

‘Terrorist property’ is defined by section 14 of the 2000 Act.]

Content of application for an account monitoring order under the Terrorism Act 2000 or the National Security Act 2023

47.16

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 person in respect of whose account or accounts information is sought,

(ii) the information sought,

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

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

(b) explain, as applicable—

(i) why the order is desirable for the purposes of a terrorist investigation to trace terrorist property within the meaning of the Terrorism Act 2000, or

(ii) why the order is sought for the purposes of an investigation into foreign power threat activity within the meaning of the National Security Act 2023;

(d) propose the terms of the order.

[Note. See Schedule 6A to the Terrorism Act 2000¹¹³⁷and Schedule 5 to the National Security Act 2023¹¹³⁸. The applicant for an account monitoring order must be—

(a) under the 2000 Act, a police officer or a counter-terrorism financial investigator;

(b) under the 2023 Act, a constable or an officer of the National Crime Agency.

‘Terrorist property’ is defined by section 14 of the 2000 Act.]

ORDERS UNDER THE PROCEEDS OF CRIME ACT 2002

Application for an order under the Proceeds of Crime Act 2002

47.17

(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) any 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) in the case of a detained cash investigation, a detained property investigation or a frozen funds investigation, the cash or property involved, or the money held in the frozen account, was obtained through unlawful conduct or is intended to be used in unlawful conduct;

(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; and

(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 Act¹¹³⁹, and the code of practice for prosecutors and others issued under section 377A of that Act¹¹⁴⁰.]

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

47.18

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;

(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 2002¹¹⁴¹and articles 6 to 11 of the Proceeds of Crime Act 2002 (External Investigations) Order 2014¹¹⁴².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.

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

47.19

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

[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.]

Content of application for a disclosure order or information order under the Proceeds of Crime Act 2002

47.20

(1) 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 a person to provide;

(b) confirm that none of the information is—

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

(ii) excluded material;

(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.

(2) As well as complying with rule 47.6, an applicant who wants the court to make an information order must—

(a) identify the respondent from whom the information is sought and explain—

(i) whether the respondent is the person who made the disclosure to which the information relates or is otherwise carrying on a business in the regulated sector within the meaning of Part 1 of Schedule 9 to the Proceeds of Crime Act 2002¹¹⁴⁴, and

(ii) why the applicant thinks that the information is in the possession, or under the control, of the respondent;

(b) specify or describe the information that the applicant wants the respondent to provide;

(c) where the information sought relates to a disclosure of information under Part 7 of the Proceeds of Crime Act 2002 (Money laundering), explain—

(i) how the information sought relates to a matter arising from that disclosure,

(ii) how the information would assist in investigating whether a person is engaged in money laundering or in determining whether an investigation of that kind should be started, and

(iii) why it is reasonable in all the circumstances for the information to be provided;

(d) where the information sought relates to a disclosure made under a requirement of the law of a country outside the United Kingdom which corresponds with Part 7 of the 2002 Act, and an authority in that country which investigates money laundering has asked the National Crime Agency for information in connection with that disclosure, explain—

(i) how the information sought relates to a matter arising from that disclosure,

(ii) why the information is likely to be of substantial value to the authority that made the request in determining any matter in connection with the disclosure, and

(iii) why it is reasonable in all the circumstances for the information to be provided;

(e) where the information sought is to assist the National Crime Agency to conduct analysis for the purposes of the Agency’s criminal intelligence function so far as that relates to money laundering—

(i) explain how the information would assist the Agency to conduct that analysis,

(ii) demonstrate that the applicant has had regard to the code of practice under section 339ZL of the 2002 Act¹¹⁴⁵, and

(iii) explain why it is reasonable in all the circumstances for the information to be provided;

(f) where the information sought is to assist a financial intelligence unit in a country outside the United Kingdom to conduct analysis concerned with money laundering, following a request by that unit to the National Crime Agency—

(i) explain how the information is likely to be of substantial value to that financial intelligence unit in carrying out that analysis,

(ii) demonstrate that the applicant has had regard to the code of practice under section 339ZL of the 2002 Act, and

(iii) explain why it is reasonable in all the circumstances for the information to be provided; and

(g) propose the terms of the order, including—

(i) how the respondent must provide the information required, and

(ii) the date by which the information must be provided.

(3) Rule 47.8 (Application to vary or discharge an order) does not apply to an information order.

(4) Paragraph (5) applies where a party to an application for an information order wants to appeal to the Crown Court from the decision of the magistrates’ court.

(5) The appellant must—

(a) serve an appeal notice on the Crown Court officer and on the other party not more than 15business days after the magistrates’ court’s decision; and

(b) in the appeal notice, explain, as appropriate, why the Crown Court should (as the case may be) make, discharge or vary an information order.

(6) Rule 34.11 (Constitution of the Crown Court) applies on such an appeal.

[Note. See sections 339ZH, 339ZJ, 339ZK, 339ZL, 357, 358 and 361 of the Proceeds of Crime Act 2002¹¹⁴⁶and articles 16, 17 and 20 of the Proceeds of Crime Act 2002 (External Investigations) Order 2014¹¹⁴⁷.

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

47.21

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

[Note. See sections 363, 364, 365 and 368 of the Proceeds of Crime Act 2002¹¹⁵³and articles 22, 23, 24 and 27 of the Proceeds of Crime Act 2002 (External Investigations) Order 2014.

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

47.22

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 2002¹¹⁵⁴and articles 29, 30 and 33 of the Proceeds of Crime Act 2002 (External Investigations) Order 2014.

ORDERS UNDER THE EXTRADITION ACT 2003

Application for a production order under the Extradition Act 2003

47.23

(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;

(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

(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;

(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 2003¹¹⁵⁵. 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.

SECTION 3: INVESTIGATION WARRANTS

When this Section applies

47.24

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 1984¹¹⁵⁶,

(ii) section 2 of the Criminal Justice Act 1987¹¹⁵⁷,

(iii) paragraph 1 of Schedule 5 to the Terrorism Act 2000¹¹⁵⁸, or

(iv) paragraph 2 of Schedule 2 to the National Security Act 2023;

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

(i) paragraph 12 of Schedule 1 to the Police and Criminal Evidence Act 1984¹¹⁵⁹,

(ii) paragraph 11 of Schedule 5 to the Terrorism Act 2000¹¹⁶⁰, or

(iii) section 160 of the Extradition Act 2003¹¹⁶¹;

(i) section 352 of the Proceeds of Crime Act 2002¹¹⁶², or

(ii) article 13 of the Proceeds of Crime Act 2002 (External Investigations) Order 2014¹¹⁶³;

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

(i) paragraph 9 of Schedule 2 to the National Security Act 2023, or

(ii) paragraph 13 of that Schedule; and

(e) 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) to (d).

[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 the National Security Act 2023—

(i) a warrant authorising entry to, and the search of, premises for material sought for the purposes of an investigation to which Schedule 2 to that Act applies,

(ii) a warrant authorising the retention of confidential journalistic material seized under the authority of a senior police officer;

(g) under these and other Acts, comparable warrants.

Exercise of court’s powers

47.25

(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.

(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

(i) specify the information the court requires, and

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

(6) If the court considers information to which rule 47.26(4) refers (information that the applicant thinks should be kept confidential), the court must so record.

(7) 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).

(8) Paragraph (9) applies—

(a) only in a magistrates’ court; and

(b) unless the court—

(i) includes a District Judge (Magistrates’ Courts), and

(ii) otherwise directs.

(9) A justices’ legal adviser must assist the court by completing the preparation of any warrant to be issued.

[Note. See section 15 of the Police and Criminal Evidence Act 1984¹¹⁶⁷and section 2(4) of the Criminal Justice Act 1987¹¹⁶⁸. 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).

Application for warrant: general rules

47.26

(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 be kept confidential, 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.

Information to be included in a warrant

47.27

(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;

(i) the documents, electronic devices, or kinds of devices, or other material, or persons to be sought, and

(ii) any information to be sought which may be stored electronically;

(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 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 1984¹¹⁷⁰. 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).]

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

47.28

(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 1984¹¹⁷¹.

(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));

(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 1971¹¹⁷²; and

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

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

(a) explain the grounds for believing that that material—

(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, excluded material or special procedure material; and

(b) if that material may be stored in an electronic device or devices—

(i) so far as practicable, describe each device or kind of device sought, and

(ii) explain the grounds for believing that the material may be stored there.

(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

(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).

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

47.29

(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 1987¹¹⁷⁶.

(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

(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;

(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; and

(i) so far as practicable, describe each device or kind of device sought, and

(ii) explain the grounds for believing that the document or documents may be stored there.

(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 2003¹¹⁷⁷, a Circuit judge can exercise the power to issue a warrant.

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

47.30

(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 1984¹¹⁷⁸.

(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 and if that material may be stored in an electronic device or devices—

(i) so far as practicable, describe each device or kind of device sought, and

(ii) explain the grounds for believing that the material may be stored there;

(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 1984¹¹⁷⁹ (‘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;

(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 1984¹¹⁸⁰ (‘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.

(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

(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 Act¹¹⁸¹ 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 Schedule¹¹⁸²are 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.

Application for warrant under Schedule 5 to the Terrorism Act 2000 or Schedule 2 to the National Security Act 2023

47.31

(1) This rule applies where an applicant wants a judge or justice of the peace, as applicable—

(a) to issue a search warrant or warrants under—

(i) paragraph 1 or paragraph 11 of Schedule 5 to the Terrorism Act 2000¹¹⁸⁴, or

(ii) paragraph 2 or paragraph 9 of Schedule 2 to the National Security Act 2023¹¹⁸⁵; or

(b) to issue a warrant for the retention of confidential journalistic material seized by order made under paragraph 15 of Schedule 5 to the Terrorism Act 2000¹¹⁸⁶ or paragraph 12 of Schedule 2 to the National Security Act 2023 (urgent cases: seizure of confidential material under the authority of a senior police officer) under, as applicable—

(i) paragraph 15A of Schedule 5 to the Terrorism Act 2000¹¹⁸⁷, or

(ii) paragraph 13 of Schedule 2 to the National Security Act 2023.

(2) As well as complying with rule 47.26, on an application for a search warrant the application must—

(a) specify the offence or relevant act under investigation and, as applicable, either—

(i) explain how the investigation constitutes a terrorist investigation within the meaning of the 2000 Act, or

(ii) explain the grounds for suspecting that a relevant act within the meaning of the 2023 Act has been, or is about to be, committed;

(b) so far as practicable, identify the material sought and if that material may be stored in an electronic device or devices—

(i) so far as practicable, describe each device or kind of device sought, and

(ii) explain the grounds for suspecting that the material may be stored there;

(i) specify each set of premises to be searched, and

(ii) in respect of each set of premises, explain the grounds for believing (where the application is under Schedule 5 to the 2000 Act) or suspecting (where the application is under Schedule 2 to the 2023 Act) that material sought is on those premises;

(d) in relation to premises at least some of which the applicant cannot specify—

(i) identify the person who occupies or controls the premises,

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

(iii) specify as many sets of premises as is reasonably practicable, and

(iv) in respect of each set of premises, whether specified or not, explain the grounds for believing (where the application is under Schedule 5 to the 2000 Act) or suspecting (where the application is under Schedule 2 to the 2023 Act) that material sought is on those premises;

(e) in relation to any set of premises which the applicant wants to be searched on more than one occasion—

(i) 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

(ii) specify any proposed maximum number of occasions; and

(f) 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—

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

(ii) explain why those persons are required.

(3) Where the grounds of an application for a search warrant are those listed in paragraph 1 of Schedule 5 to the 2000 Act (terrorist investigation; application to a justice of the peace), the application must explain—

(a) the grounds for believing that—

(i) the material sought does not consist of or include excluded material, special procedure material or items subject to legal privilege,

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

(iii) the material must be seized in order to prevent it from being concealed, lost, damaged, altered or destroyed; and

(b) why the issue of a warrant is likely to be necessary in the circumstances of the case, unless the application—

(i) is made by a police officer of at least the rank of superintendent, and

(ii) does not relate to residential premises.

(4) Where the grounds of an application for a search warrant are those listed in paragraph 2 of Schedule 2 to the 2023 Act (relevant act investigation; application to a justice of the peace), the application must explain the grounds for suspecting that the material sought—

(a) is likely to be evidence that a relevant act has been, or is about to be, committed; and

(b) does not consist of or include confidential material.

(5) Where the grounds of an application for a search warrant are those listed in paragraphs 11 and 12(1) of Schedule 5 to the 2000 Act¹¹⁸⁸ or paragraph 9(2) of the 2023 Act (non-compliance with a production, etc. order; application to a judge) the application must—

(a) identify the order and describe its terms; and

(b) specify the date on which it was served.

(6) Where the grounds of an application for a search warrant are those listed in paragraphs 11 and 12(2) to (4) of Schedule 5 to the 2000 Act (terrorist investigation; application to a judge), the application must explain the grounds for believing that—

(a) the material sought 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.

(7) Where the grounds of an application for a search warrant are those listed in paragraph 9(3) of Schedule 2 to the 2023 Act (relevant act investigation; application to a judge), the application must—

(a) explain the grounds for suspecting that the material sought—

(i) is likely to be evidence that a relevant act has been, or is about to be, committed, and

(ii) consists of or includes confidential material but does not include items subject to legal privilege;

(b) explain the grounds for believing that the material is likely to be of substantial value, whether by itself or with other material, to an investigation into whether a relevant act has been, or is about to be, committed;

(c) explain the grounds for believing that it is in the public interest for the material to be obtained 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 any of the material; and

(d) explain how any one or more of the following applies—

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

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

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

(8) Where the application is for a warrant for the retention of confidential journalistic material under paragraph 15A of Schedule 5 to the 2000 Act or under paragraph 13 of Schedule 2 to the 2023 Act, as well as complying with rule 47.26 the application must—

(a) be made as soon as reasonably practicable after the confidential journalistic material is seized;

(b) describe the circumstances of the seizure;

(i) explain how the investigation constitutes a terrorist investigation within the meaning of the 2000 Act, or

(ii) explain the grounds for suspecting that a relevant act within the meaning of the 2023 Act has been, or is about to be, committed;

(d) explain the grounds for believing that the confidential journalistic material seized is likely to be of substantial value, whether by itself or with other material, to the investigation;

(e) explain the grounds for believing that it is in the public interest for that material to be retained having regard to the benefit likely to accrue to the investigation if it is retained;

(f) explain to what conditions, if any, the applicant proposes that the retention of the material should be made subject, if the court issues a warrant; and

(g) explain whether, if the court declines to issue a warrant, the applicant proposes that the material should be—

(i) returned to the person from whom it was seized, or

(ii) destroyed.

[Note. Under paragraph 1 of Schedule 5 to the Terrorism Act 2000, where the conditions listed in that paragraph are fulfilled a constable may apply to a justice of the peace for a warrant authorising a search for material, other than excluded material or special procedure material, on specified premises or on any premises of a specified person. Under paragraph 2 of Schedule 2 to the National Security Act 2023, where the conditions listed in that paragraph are fulfilled a constable may apply to a justice of the peace for a warrant authorising a search for material, other than confidential material. Under paragraphs 11 and 12¹¹⁸⁹of Schedule 5 to the 2000 Act a constable may apply to a Circuit judge for such a warrant in respect of excluded or special procedure material. Under paragraph 9 of Schedule 2 to the 2023 Act, a constable may apply to a Crown Court judge for a warrant in respect of confidential material. No such warrant authorises the seizure of items subject to legal privilege.

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

47.32

(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 2002¹¹⁹³; or

(b) article 13 of the Proceeds of Crime Act 2002 (External Investigations) Order 2014¹¹⁹⁴.

(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, a detained property investigation, a frozen funds 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) in the case of a detained cash investigation, a detained property investigation or a frozen funds investigation, the cash or property involved, or the money held in the frozen account, was obtained through unlawful conduct or is intended to be used in unlawful conduct;

(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 Act¹¹⁹⁵ 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 and if that material may be stored in an electronic device or devices—

(i) so far as practicable, describe each device or kind of device sought, and

(ii) explain the grounds for believing that the material may be stored there; or

(b) give a general description of the material and explain the grounds for believing that it relates to the person, cash, property or money 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, a detained property investigation or a frozen funds investigation into the derivation of cash, property or money, relates to the question whether that cash, property or money is recoverable property,

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

(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

(i) other potential sources of information, and

(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; and

(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, a detained cash investigation, a detained property investigation or a frozen funds 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 Act¹¹⁹⁶.

Application for warrant under section 160 of the Extradition Act 2003

47.33

(1) This rule applies where an applicant wants a Circuit judge to issue a warrant or warrants under section 160 of the Extradition Act 2003¹¹⁹⁹.

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

(a) identify the person whose extradition is sought (and see paragraph (3));

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

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

(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

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

(a) explain the grounds for believing that—

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

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

(b) if that material may be stored in an electronic device or devices—

(i) so far as practicable, describe each device or kind of device sought, and

(ii) explain the grounds for believing that the material may be stored there.

(5) In relation to the premises which the applicant wants to search, the application must explain the grounds for believing that—

(a) material sought is on those premises; and

(b) one or more of the following conditions is satisfied, namely—

(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, or

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