Kingsley Napley 24 HOUR SEARCH Dawn Raids, Search and Seizure Home Services Criminal Litigation Investigations Dawn Raids, Search and Seizure "They're one of the firms that is right at the top of the scale. They're very experienced in handling the big cases. They're extremely well resourced and I've never had anything other than a good experience with them." Chambers UK 2020 - A Client’s Guide to the UK Legal Profession Sometimes the first a person knows of a criminal investigation is when investigating officers arrive at their home or office armed with a search warrant demanding entry. Warrants are court orders which permit the officers to enter premises and search them for property of a kind described in the warrant. If the officers find that property, they can seize and retain it. It is not just the police who can apply for search warrants: they can be obtained by many other investigators such as the SFO, FCA, HMRC, ICO and the CMA. Frequently arrests will be made and restraint orders will be served when search warrants are executed. Searches can therefore mark the start of the long process in which a client will have to deal with the various issues thrown up by the investigation. Sometimes called a “dawn raid” because of the time of day most warrants are executed, a search is at best un-settling and at worst a traumatic event. However upsetting the experience, it is important to keep a clear head and to seek immediate legal advice. We have extensive experience of such situations, and can mobilise quickly. We ensure our clients’ rights and interests are protected, while minimising as far as possible the adverse impact on them and their businesses. How we can help We will deploy staff immediately to check the validity and scope of the search and to advise on the protections available. Where necessary, we will monitor the search to ensure that the investigators do not exceed the scope of the warrant, for example by seizing material to which they are not entitled such as any attracting legal professional privilege. Once the investigators have gone, we can obtain a copy of the information the investigators put before the judge when obtaining the warrant and then challenge the warrant’s legality. We can also help manage the fall-out from the search, guiding our clients through reputation management challenges, regulatory obligations, employment-related issues and securing the return of seized property. We also help our clients, whether individuals or a companies, prepare for the possibility of a dawn raid. Our approach We offer cool and calm advice in stressful situations, ensuring that our clients’ rights are fully protected at a time when they are most under threat. We deal with issues requiring immediate solutions through to devising a considered strategy to see clients through the longer term, assembling a team of the right experts– drawn from our criminal, regulatory, civil, employment or reputation management specialists – to support them. There is no single blueprint for dealing with a search operation and its aftermath but whether the investigator’s target is an international business or an individual, our clients can be assured that we have the skills and experience to give them the advice they need. For more information, please contact a member of our specialist team. WHAT CLIENTS AND DIRECTORIES HAVE SAID ABOUT US +44 (0)20 7814 1200 Contact the team Caroline Day Partner Email Caroline Jonathan Grimes Partner Email Jonathan David Sleight Partner VIEW FULL TEAM Excellent white-collar crime and fraud firm covering all key UK regulators.” Legal 500 UK 2021 A premier outfit for individuals under regulatory investigation." Chambers UK 2021 The firm is well known as a blue-chip firm for white-collar crime that represent individuals investigated for tax fraud also.” Legal 500 UK 2021 Bright and dedicated lawyers." Chambers UK 2021 Deep bench of experienced lawyers with an approachable style.” Legal 500 UK 2021 Latest blogs & news Extradition post-Brexit: the Irish questions On 9 November 2021 Advocate General Kokott handed down her opinion in respect of Case C-479/21 concerning Mr Sn and Mr Sd following a reference from the Irish Supreme Court which was made on 3 August 2021. Her opinion stated that the provisions of the Withdrawal Agreement and TCA which ensure the continuation of the European arrest warrant regime in respect of warrants issued by the United Kingdom (“UK”) during the transition period are binding on Ireland. READ MORE ... Extradition case - Wozniak and another v Poland [2021] EWHC 2557 (Admin) Partner, Rebecca Niblock has commented in the latest edition of Criminal Law Week on an extradition case - Wozniak and another v Poland [2021] EWHC 2557 (Admin). READ MORE ... Environmental Law Quarterly Update - Q3 2021 This quarterly environmental law update provides a summary of a cross-section of news stories in the period July 2021 - September 2021. READ MORE ... Extradition post-Brexit: plus ça change, plus c’est la même chose? Rebecca Niblock and Edward Grange examine the key changes & similarities to extradition law following Brexit. The introduction of new surrender arrangements under the EU-UK Trade and Cooperation Agreement. Changes effected under the Extradition (Provisional Arrest) Act 2020. READ MORE ... The Tail Wagging the Dog - Hourly Rates Review 2021 The Master of the Rolls, Sir Geoffrey Vos, has approved the new guideline hourly rates (GHR) proposed by the CJC and the Stewart committee which will come into effect on 1st October 2021. These new rates are a result of the final report of the Civil Justice Council released at the end of July 2021 and the forerunning consultation that took place between 8 January and 31 March 2021. READ MORE ... ‘De-risking’ and financial exclusion Rebecca Niblock and Mary Young follow on from an article they wrote in September 2020 about whether there should be a right to banking, and the possibly unintended consequences of banking facilities being withdrawn or frozen. READ MORE ... Upheavals in extradition law In a article originally written for Legal Action Group, Rebecca Niblock and Edward Grange, examine two important changes since the last edition of Extradition law: a practitioner’s guide. READ MORE ... Vue Cinema Chain fined following death of cinema-goer On 20 July 2021 Vue Entertainment Ltd (‘Vue’) was fined £750,000 and ordered to pay costs of £130,000 following a fatal accident at the Star City cinema in Birmingham on 9 March 2018. READ MORE ... The CMA’s Annual Report and digital markets - a time of change This last year has undoubtedly been a busy and challenging one for the Competition and Markets Authority (CMA). It has seen additional activity arising from its response to the Covid pandemic, the further responsibilities it has taken on post-Brexit (see our related blog: #Brexit, the CMA and competition enforcement), and its work concerning the design and implementation of a pro-competition regime in digital markets. This article looks at its recently published Annual Report and Impact Assessment, calls for change, and the work it has been doing in relation to digital markets. READ MORE ... Charities and internal investigations Charities are not immune to financial crime, fraud or other wrong-doing; there are a number of ways in which charities may be exploited by criminals. READ MORE ... Record fine of £90 million for Southern Water On 9 July 2021 Southern Water Services Ltd (SWS) was fined £90 million, to be paid out of company operating profits, in what was the largest fine ever imposed on a water company. READ MORE ... Environmental Law Quarterly Update - Q2 2021 This quarterly environmental law update provides a summary of a cross-section of news stories in the period April 2021 - June 2021. READ MORE ... R v Wood Treatment Limited - corporate manslaughter and the challenge of proving causation The recent case of R v Wood Limited Treatment highlights the problems faced by prosecution authorities in proving causation for the purposes of establishing criminal liability for corporate manslaughter. READ MORE ... Met Police appetite for Account Freezing Orders undimmed by pandemic Account Freezing Orders (AFrOs) are a measure introduced by the Criminal Finances Act 2017 and have been available to a wide range of law enforcement agencies since February 2018. READ MORE ... FCA signals streamlining of its own processes and toughening up of the regulatory gateway The Financial Conduct Authority (FCA), in its annual business plan published today, sets out its areas of focus for the year ahead. It is, as ever, essential reading for all those in the regulated sector. READ MORE ... The FCA proposes new listing guidance for cannabis-related businesses – a positive step for investors concerned about the Proceeds of Crime Act In September 2020 the FCA published a statement regarding the listing of cannabis-related businesses (CRBs) in the UK. Since then several CRBs have been admitted to the London Stock Exchange (LSE) and appetite for investments in the medicinal cannabis industry continues to grow. READ MORE ... Being accused of sexual misconduct when you are a child As a criminal defence solicitor specialising in defending allegations of sexual misconduct and representing children, the perfect storm that has erupted since the launch of Everyone’s Invited has made me privy to some of the saddest and most distraught children I have ever advised. READ MORE ... Regressive approaches to sentencing will not help children or society The head of the Youth Justice Board has rightly criticised the Government’s plans to raise child custodial sentences. At a time when England and Wales falls behind most European countries in protecting children with the lowest age of criminal responsibility (10), it is inexplicable that the Government is taking a further regressive step by seeking to increase the length of time that children must spend in prison. READ MORE ... AML and the Art Market: HMRC publishes its first risk assessment Many art dealers, galleries and auction houses are now subject to the UK’s anti-money laundering regime and are defined as art market participants (AMPs) - see our related blog The compulsory embrace of the art market by the UK's Anti-Money Laundering regime. On 28 June HMRC published its first assessment of the key areas that AMPs should consider when conducting their own assessments of the risk of money laundering and terrorist financing to which their business is subject. READ MORE ... COVID-19 Fraud: HMRC ramps up its investigations activity In March 2021 the Chancellor announced the establishment of a taskforce to investigate those who may have fraudulently made use of government schemes set up to protect individuals and businesses against the economic impact of COVID-19 – such as the Coronavirus Job Retention Scheme (CJRS) (widely referred to as the Furlough scheme), the Self-Employment Income Support Scheme (SEISS) and the ‘Eat Out to Help Out’ Scheme. READ MORE ... Services Investigations When an individual or company is faced with a criminal or regulatory investigation we manage every step of the process. Internal Investigations Corporate clients require sophisticated and sensitive advice when they encounter internal crises which have the potential to escalate. Tax Investigations A tax investigation by Her Majesty’s Revenue and Customs (HMRC) could have serious implications for you and your business. Police Station Representation and Advice Our team includes specialist police station advisers. We are proactive in achieving the best outcomes for our clients. Criminal Defence and Police Investigations From police station representation and advice to restraint and confiscation proceedings, we are proactive in achieving the best outcomes. FCA Investigations Our team of expert lawyers has an impressive track record of successfully defending both individuals and institutions facing regulatory misconduct, disciplinary breach and criminal investigations conducted by the FCA. Let us take it from here. +44 (0)20 7814 1200 enquiries@kingsleynapley.co.uk CONNECT WITH KN LINKED IN TWITTER SUBSCRIBE TO OUR MAILING LIST Kingsley Napley Legal Notices Privacy Notice Fraud Warning Modern Slavery Statement Complaints Website Terms Cookie Policy Accessibility Site Map © Kingsley Napley LLP. All rights reserved. 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