Warrants

Question 1

S19 PACE

Answer 1

Power to seize if you are lawfully on premises

Question 2

S22 PACE

Answer 2

Power to retain

Question 3

FILE

Answer 3

Power to retain for the reasons:
Forensics
Investigation
Lawful owner
Evidence of offence at court

Question 4

S50 Criminal Justice and Police Act 2001

Answer 4

Power to seize and sift (e.g. to go through a laptop where there is risk of coming across info not related to the offence)

Question 5

S15 PACE

Answer 5

Complied with if the warrant has been granted

Question 6

S16 PACE

Answer 6

Conduct when going through the door of a warrant
- Explain actions to occupiers
- Remember the notice of powers and rights
- Limits of search: where could an object of that size they be found?
- No more disturbance than necessary
- Friend / neighbour can witness search
- No caution for questions about searching
- Tidy up
Leave premises secure (call boarding up if needed)

Question 7

Theft Act S22

Answer 7

Handling stolen goods
- Knowing or beliving them to be stolen goods
- Dishonestly receives goods
- Or dishonestly undertakes or assists in their retention, removal, disposal or realisation
- by or for the benefit of another person
- Or he arranges to do so

Question 8

Handling stolen goods mode of trial

Answer 8

Either way, max 14 years imprisonment

Question 9

Proceeds of Crime Act 2002 (POCA) 3 main offences

Answer 9

A person commits an offence when:
- They acquire criminal property, use criminal property or have possession of criminal property.
- They conceal, disguise, convert, remove or transfer criminal property.
- They enter into an agreement which allows them to facilitate the acquisition, retention or control of criminal property by or on behalf of another person.

Question 10

POCA S329

Answer 10

Acquisition, use and possession

Question 11

POCA S327

Answer 11

Concealing criminal property (also disguising, converting, transferring, removing)

Question 12

POCA S328

Answer 12

Arrangement when he knows, suspects, or facilitates the acquisition, retention, use or control of criminal property by or on behalf of another person.

Question 13

Defences for POCA

Answer 13

1. Money laundering disclosure has been made and appropriate consent has been given to carry out the act
2. Intended to make authorised disclosure to authorities but had a reasonable excuse for not doing so
3. Outside the UK where criminal conduct happened
4. Law enforcement in the course of an investigation

Question 14

POCA S294

Answer 14

Police powers to:

seize any cash if he has reasonable grounds for suspecting that it is:
(a) recoverable property, or
(b) intended by any person for use in unlawful conduct.

Question 15

Process for seizing suspected criminal property under POCA

Answer 15

1. Lawfully search the suspect, vehicle or premises.
   
   2. If you find cash that you suspect is over £1000 and you suspect it to be criminal property you must try to obtain an explanation about the origin of the money. If the suspect declines to answer that will heighten your suspicion.
   3. You must then decide whether there is a reasonable cause to maintain your belief that the money was obtained through criminal activity or intended for such use by them.
   4. If you have reasonable cause for your belief, you can seize the cash. Don’t count it, wear gloves and double bag it in an exhibits bag. Use your BWV.
   5. Once you have bagged the cash and booked it in at your BCU then contact the on-call Economic Crime Unit officer as soon as possible as the application to further detain the cash must be made at the magistrates’ court within 48 hours (not including weekends and bank holidays).
      The Financial Investigator from the Economic Crime Unit will contact you for further information prior to the POCA court hearing. Act upon their advice.

Question 16

Money laundering mode of trial

Answer 16

Either way

Summary: up to 6 months
Indictment: up to 14 years