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ParrisWhittakerAccess all documents on Search warrant
During a criminal inquiry, HMRC may apply to a magistrate for a warrant authorising entry to and search of premises. It may also seize and retain any material specified in the warrant. The extent of HMRC’s powers to investigate criminal offences, and the situations in which they may be exercised, is outlined in Practice Note: HMRC criminal investigations and dawn raids. This Checklist offers a practical set of dos and don’ts for a dawn raid. It can act as a handy reference for clients who might face a dawn raid. The procedures described should be communicated to staff in advance. As the client will not know about the 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 sensible to train key staff on how to manage and respond to a dawn raid. What to expect in a dawn raid In a tax context, a dawn raid means a visit from HMRC...
This Checklist summarises the strategic considerations which should be assessed when an organisation is subject to a raid by the police or other regulatory enforcement body. Remain composed and courteous; ask for a copy of the warrant relied upon by the investigators to enter the premises. Invite the investigators to wait in a boardroom instead of reception, if one is available. Examine the warrant or authorisation thoroughly, confirming its objective and scope, the individuals expressly permitted to conduct the search, the precise premises in question, and the date on which execution is permitted. It must bear a signature and date. Deny entry to any person not identified on the warrant...
Antitrust CAT dismisses application regarding request for further information about search warrants obtained by CMA in waste management investigation The CAT delivered its judgment in CMA v Gaskells (North West) Limited, dismissing an application by Gaskells (North West) Limited (Gaskell) for further particulars from the CMA regarding warrants issued by the Tribunal. Those warrants enabled the CMA to enter and search commercial premises for the purposes of an investigation pursuant to section 25 of the Competition Act 1998...
Antitrust The CAT released a non-confidential public version of its judgment (dated 24 November 2025) in CMA v Another, allowing the CMA’s request for a warrant to enter and search domestic premises under section 28A(1)(b) of the Competition Act 1998—see further, judgment NOTE—For all behavioural investigations before the CMA, see the UK behavioural investigations—ongoing cases tracker for details Upcoming dates—For forthcoming UK competition developments and key dates, see the UK Competition calendar...
In this issue: UK antitrust NSI EU antitrust EU state aid EU Foreign Subsidies Regulation LexTalk®Competition: a Lexis®Nexis community Daily and weekly news alerts New and updated content Caselex UK antitrust High Court backs CMA’s judicial review of CAT’s stance on domestic search warrants; Court confirms the CMA’s power to raid domestic premises In R (CMA) v CAT, the High Court delivered judgment on the CMA’s application for judicial review of the CAT’s 12 October 2023 ruling, which had refused a warrant to enter and search domestic premises for an investigation under section 25 of the Competition Act 1998 (the CAT’s 2023 ruling). For context, in 2023 the CAT had granted three warrants to search business premises in an inquiry into suspected anti-competitive conduct in the supply of construction chemical admixtures. The CAT considered that the mere existence of a suspected secret cartel was enough to infer a tendency to destroy documents at business...
This Practice Note sets out how to seek an order to retain items taken during a search, under section 59(5) of the Criminal Justice and Police Act 2001 (CJPA 2001) and the Criminal Procedure Rules 2025 (CrimPR 2025), SI 2025/909, and the grounds for bringing such an application. It also outlines how an opposing party may contest the application and resist the order. For guidance on lawful seizure routes—whether under warrant, under PACE 1984 and CJPA 2001, or with the owner’s consent—and on the procedure for seeking a warrant, see Practice Notes: Seizure and retention of property and Obtaining and executing a search warrant under PACE 1984. For material on search and seizure warrants under the Proceeds of Crime Act 2002 (POCA 2002), consult Practice Note: Search and seizure warrants under section 352 of POCA 2002. When can an application to retain seized property be made? A request for an order permitting retention of seized property—taken in purported exercise of a relevant seizure power (eg under a...
ARCHIVED: This archived Practice Note offers background on the alterations to criminal procedure that took effect on 6 October 2014 under the Criminal Procedure Rules 2014, SI 2014/1610. Those provisions have since been revoked. The present rules on criminal procedure are set out in the Criminal Procedure Rules 2015, SI 2015/1490, as amended. See Practice Note: The Criminal Procedure Rules. This Practice Note reflects the law as at 6 October 2014 and is not maintained. It is provided for background purposes only. What is changing in the Criminal Procedure Rules? The consolidated Criminal Procedure Rules 2014, SI 2014/1610 (Crim PR 2014), together with updated Criminal Practice Directions, commence on Monday 6 October 2014. This Practice Note summarises those amendments and, where appropriate, links to our newly created and revised materials. The most substantial amendments are covered in the Practice Notes cited below. Content across the Corporate Crime practice area has been generally revised to reflect any adjustments arising from Crim PR 2014. Appeal to the High...
The process for determining any request to inspect the evidential information and documents underpinning a search warrant or similar order—where an investigator seeks non-disclosure—is set out in the Criminal Procedure Rules 2025 (CrimPR 2025), SI 2025/909, rr 5.7–5.10. Those provisions have been revised to set in statutory form the ruling in Metropolitan Police Commissioner v Bangs, which is examined in this Practice Note. Does a magistrate have jurisdiction to hear an application? In line with Eastenders Cash and Carry v South Western Magistrates Court, it is correct for a magistrate to begin from the proposition that a claimant is entitled to see the material that persuaded the court to authorise a warrant, unless the public interest requires that some or all of that material should be withheld. When a court considers a request for a search warrant and exercises its statutory power to issue one, it is under a duty to state its reasons in public unless exceptional circumstances prevent that. Those reasons are the ones set...
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