ENFG App 1.7 Search and seizure powers

Under sections 122D and 176 of the Act, the FCA has the power to apply to a justice of the peace for a warrant to enter premises where documents or information is held. The circumstances under which the FCA may apply for a search warrant include:

1. (1)

   where a person on whom an information requirement has been imposed fails (wholly or in part) to comply with it; or

2. (2)

   where there are reasonable grounds for believing that if an information requirement were to be imposed, it would not be complied with, or that the documents or information to which the information requirement relates would be removed, tampered with or destroyed.

A warrant obtained pursuant to sections 122D and 176 of the Act authorises a police constable or an FCA investigator in the company, and under the supervision of, a police constable, to do the following, among other things: to enter and search the premises specified in the warrant and take possession of any documents or information appearing to be documents or information of a kind in respect of which the warrant was issued or to take, in relation to any such documents or information, any other steps which may appear to be necessary for preserving them or preventing interference with them.