Dawn Raids or Search & Seizure Solicitor

Search warrants can be issued to the police and other authorities for the purposes of entering and searching a business premises. These are sometimes referred to as ‘Search and Seizure’ or ‘Dawn Raids’, as they frequently happen early in the morning. Property, including digital files, images, and documents can be seized so they can be analysed for the purposes of an ongoing investigation. If your business is being investigated by an enforcement agency or the police, you may also be subject to a dawn raid. Such an event is highly stressful and if you are unprepared and without expert advice from an experienced Business Crime Solicitor, the results could be disastrous for your business reputation and ability to trade, not to mention your personal life.

At Reeds Solicitors, we have decades of experience in advising businesses who are being investigated and/or prosecuted by authorities. As one of the UK’s top criminal law firms, we will swiftly identify any procedural breaches and ensure the best interests of you and your company are protected.

Our Solicitors are regularly mentioned in the Legal 500 and in 2023, we were named one of the UK’s top law firms by The Times, specially commended for criminal law.

“Highly recommend this business; professional, courteous, responsive, and supportive. Stuart gave us sound advice and collaborated with us to achieve a successful outcome. Great listening and questioning skills to enable incisive recommendations whilst instilling confidence in the process. Worked with integrity and care to ensure we were supported in our course of action.”

Our Business Crime and Regulatory Investigations team are intelligent, discreet, and decisive. We will ensure the search process and any follow-on action by investigators results in minimal disruption for your business. Our management team has a trusted working relationship with enforcement agencies and regulators, and they know that we will manage the process from our client’s side in a reasonable and scrupulous manner.

What powers to authorities have regarding search and seizure?

The police have powers to search, seize, and retain material as part of their investigations under the Police and Criminal Evidence Act 1984 (PACE 1984). Other enforcement authorities also have search and seizure powers. Examples include but are not limited to):

• HMRC – customs investigators have similar PACE 1984 powers of search, seizure, and retention of material as police officers. PACE 1984 powers also apply to the search, seizure, and retention of material in VAT and tax evasion investigations. They can also apply to the Crown Court for a Production Order of they have reasonable grounds for suspecting a serious fraud offence is about to be or has been committed or for evidential documents that are in a person’s possession.
• Serious Fraud Office (SFO) – under the Criminal Justice Act (CJA) 1987, the director of the SFO can demand a person under investigation (or any other person) to produce documents relevant to a particular investigation. In addition, The SFO can also obtain a warrant authorising a constable to enter and search a premises and to take possession of documents.
• Financial Conduct Authority (FCA) – section 176 of the Financial Services and Markets Act (FSMA) 2000 provides for documents to be seized, material preserved, and copies taken when investigating a person or business.

What are dawn raids?

If an enforcement agency suspects that you or your business has broken the law or breached regulations, they can enter your workplace unannounced and conduct a search for documents and files that may be used in a legal or regulatory investigation.

The following agencies can conduct dawn raids:

• HMRC
• National Crime Agency (NCA)
• Competitions and Markets Authority (CMA)
• FCA
• SFO
• Information Commissioner’s Office (ICO)

Is a warrant needed to conduct dawn raids?

A warrant from the High Court must be presented by the inspectors conducting the dawn raid. The warrant must state:

• The premises in which the raid is being conducted.
• The names of those authorised to enter the premises.
• The procedure rules that apply when conducting the raid.
• The scope of the raiding authority’s powers.

The investigatory team must also explain why the raid is taking place and their remit.

Can I ask investigators to delay their search until my legal team arrive?

Yes, however, the investigative team are not required to delay their search. Search warrants often have time restrictions attached; therefore, investigators will want to get on with their remit as quickly as possible.

The first person a dawn raid team is likely to encounter is a receptionist, so it is imperative that they understand what to do if confronted by an investigative team. They should check the warrant and politely ask the investigators to wait in a room away from customers and employees until a senior manager arrives.

If your legal team must travel to your office, you can suggest that the investigators talk with them over the phone en route. However, there is no obligation for them to do so.

How can Reed Solicitors assist with business search and seizure operations?

Our legal team will provide the following advice and assistance if you or your business is subject to a search or dawn raid:

• Check the search warrant for any procedural errors.
• Note and take copies of all requested documents/files.
• Cross-check the requested documents/files against the terms of the warrant.
• Check whether any requested documents/files are legally privileged. If there is a dispute about whether privilege applies, Counsel will ask for the documents to be placed in a sealed envelope until the matter is resolved.
• In a dawn raid, attend and take notes during meetings where employees are questioned.
• Advise on what to do after the search/dawn raid is over and the inspection team has left.

Our Business Crime and Regulatory Solicitors will do everything possible to have the investigation concerning you and/or your business swiftly dropped. If prosecution proves inevitable, we will meticulously prepare and build a strategic defence. We can also instruct the best Criminal Defence Barristers and King’s Council to represent you.

Our Criminal Defence Solicitors have the expertise and experience required to advise and represent you or your business is subject to a criminal or regulatory investigation. Please contact us through our contact page here. Alternatively, you can phone 0333 240 7373, or email us at info@reeds.co.uk.