Section 29
of Criminal Conduct (Recovery of Proceeds) Order, 2000
Section 29
(1)
A police officer may, for the purpose of an investigation into an offence to which this Order applies, apply to the Court for a warrant under this section in relation to specified premises.
(2)
On such application, the Court may issue a warrant authorising a police officer to enter and search such premises if it is satisfied that -
1011
{a) an order made under subsection (2) of section 28 in relation to material on the premises has not been complied with;
{b) the conditions in subsection (3) of this section have been fulfilled; or
{c) the conditions in subsection (4) of this section have been fulfilled.
(3)
The conditions referred to in paragraph {b) of subsection (2) are that-
{a)
there are reasonable grounds for suspecting that a specifted person has carried on or has benefited from an offence to which this Order applies;
{b) the conditions in paragraphs {b) and {c) of subsection (4) of section 28 have been fulfilled in relation to any material on such premises;
and
{c)
it would not be appropriate to make an order under section 28 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 the premises on which the material is situated; or
(iii)
the investigation for the purpose of which the application is made might be seriously prejudiced unless a police offtcer can secure immediate access to the material.
(4}
The conditions referred to in paragraph {c) of subsection (2) are that
{a}
there are reasonable grounds for suspecting that a specified person has carried on or has benefited from an offence to which this Order applies;
{b) there are reasonable grounds for suspecting that there is on the premises material relating to that specified person or to the offence which is likely to be of substantial value (whether by itself or together with other material) to the investigation for the purpose of which the application is made, but that the material cannot at the time of the application be particularised; and
{c)
(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 for the purpose of which the application is made might be seriously prejudiced unless a police officer arriving at the premises can secure immediate entry to them.
(5)
Where a police officer has entered premises in the execution of a warrant issued under this section, he may seize and retain any material, other than any items subject to legal privilege, which is likely to be of substantial value (whether by itself or together with other material) to the investigation for the purpose of which the warrant was issued.
·
Criminal Offences Confiscations Fund.