Dawn Raids

Dawn raids or Police and Criminal Evidence Act 1984 (PACE)  search warrants grant law enforcement the power to enter premises without the occupier’s permission to seize evidence which could assist them in an investigation. Authorities can raid either a home or business of someone they suspect may be committing criminal offences or are unknowingly involved by providing a service to someone else. Raids are usually early in the morning - hence the name 'dawn raids' - and different branches of the same company may be targeted at the same time to avoid any 'tip-offs' between locations.

Authorities carrying out an unannounced visit have a legal obligation to collect evidence according to procedural regulations and the law, and the owners of homes or business premises have rights that must be upheld. JMW's knowledgeable defence solicitors can support individuals and companies suspected of financial crime during dawn raids or any following investigations or proceedings.

Whether you wish to protect your business from high-risk areas, or you seek assistance during or after a recent search warrant by an enforcement agency, get in touch with our specialist team today. Call JMW on 0345 872 6666 or use our online enquiry form to get in touch.

What Are Dawn Raids?

In recent years, dawn raids and PACE search warrants have been seen as a cost-effective way to recover revenue by law enforcement agencies when combined with a greater use of asset recovery legislation.

This has meant an increase in dawn raids on commercial or business premises that, more often than not, are unrelated to the investigation. These premises may hold evidence relevant to the wider investigation and are forced to deal with the fall out.

The list of investigators that can enter a business and commercial premises when executing a warrant is extensive, but can include:

• Police
• NCA (National Crime Agency)
• SFO (Serious Fraud Office)
• HMRC (HM Revenue and Customs)
• HSE (Health and Safety Executive)
• EA (Environment Agency)
• Trading Standards
• FSA (Food Safety Agency)
• Local councils

Each of these organisations has different powers when carrying out a raid, and you should seek legal advice to make sure any legal obligations are met.

Do I Need to Prepare for a Dawn Raid?

A raid may be organised because executing a warrant is the only practical way to gather evidence of wrongdoing by others, and the premises named in a PACE search warrant may not be the main target. Consequently, all businesses should take sensible precautions and have measures in place to deal effectively with a law enforcement intervention, whether or not they are concerned about their own commercial activity.

Professional officers will not object when properly challenged by a business trying to protect its legal rights and legitimate commercial interests. Unprofessional officers will think twice about taking advantage when challenged by a properly prepared protocol. Businesses across the UK need the support of a committed and experienced legal team, and a strategy in place in case they are targeted.

How Can I Prepare?

A detailed knowledge of the law is not required to protect your company but a basic protocol should be put in place. It is prudent to nominate one employee (plus a backup, in case they are absent) who will take charge of proceedings should a raid occur. All employees who are likely to be first contact for officers should be fully briefed with a plan of action.

From here on in, the nominated employee will be referred to as the Supervisor. They should be fully trained on the protocol. More information about developing a protocol can be found in our handbook below.

Subject to the terms of the warrant, paper documents and data can be seized. This can cause major problems for any business in the period following the raid, so management should back up all data on a regular basis and ask officers to copy documents before the originals are removed.

What Should I Do During a Raid?

Keep calm and follow the protocol. Do not become aggressive or obstructive. Officers do not have to wait for your solicitor to arrive before they begin their search, but they should be prepared to wait a reasonable time. Proceeding despite a request for legal assistance on-site can produce evidential difficulties later in the case. The officers will usually agree to speak with your solicitor by telephone before commencing the search.

We always ask to speak to the officer in charge of the search by telephone at the earliest opportunity so that we can ask questions about the obtaining and execution of the warrant. A telephone conversation can sometimes be sufficient if the search is very specific and limited to particular evidential requirements. However, officers will normally seek a PACE warrant permitting a wider search in case they run into unforeseen issues.

Producing your own electronic data back-up during the course of the search itself will not normally be possible because it might disturb the evidential integrity of the data. However, officers should be accompanied by a computer forensic technician to deal with the copying of data in a manner that maintains evidential integrity. This is common in large enquiries or where IT is critical to the running of the business. They should not object to reasonable requests that documents are copied.

What Should Employees Do?

If officers do not agree to wait for your solicitor to arrive before beginning their search, an employee should 'shadow' each officer as they make their way around the office. Records should be kept of all documents examined, copied or removed. Employees should ask to copy all documents that are removed to minimise disruption to the business in the period following the raid.

Making sure employees are aware of their role and rights during a raid is imperative so as not to give officers complete freedom on the premises. In fact, many officers encourage cooperation and 'shadowing' because, without it, they can face accusations that they have attempted to covertly remove evidence they were not entitled to seize. This can seriously undermine their case and an officer's credibility.

Officers cannot interview or interrogate employees during a raid. However, they may ask practical questions (such as the whereabouts of documents and hardware, or passwords for computers.) Such information should be provided wherever possible, as obstructing an officer in the course of executing a warrant can be a criminal offence. The separate offence of 'prejudicing an investigation' under The Proceeds of Crime Act 2002 is broadly defined and staff need to know that the consequences of committing the offence can be serious.

Officers are permitted to use reasonable force to enter and search locked rooms and safes, and will do so if a key or other requested assistance is not provided. Personal searches of employees by officers may be permitted, but must be completed by an officer of the same gender and searches must be in pursuance of the terms of the warrant.

Arrests can be made where:

1. officers have reasonable grounds to suspect the commission of an arrestable offence and;
2. a suspect can be properly identified.

In other words, a search warrant is not a licence to empty the premises and remove belongings that have nothing to do with the enquiry.

Sometimes, hardware must be taken and when computers are returned, they should be the same ones that were removed in the first place. Employees should have a camera, or use their mobile phone camera, to take photographs of the serial numbers of any hardware removed from the premises. Ideally, a business should keep an off-site inventory with hardware serial numbers, which may also be a requirement of your insurance policy.

Officers may request that employees sign for documents or hardware seized. The receipts should be checked properly and the description of the item should be well-defined before a signature is provided. For example, 'bag of papers' is not sufficient, especially if officers need to remove a large number of bags in a complex enquiry if you are later charged.

The Dawn Raids Handbook

The Initial Call

When the law enforcement agency arrives, the first thing to do is call JMW on 0345 872 6666.

When Officers Arrive

Engage and remain

On arrival, the most senior officer present will provide you with either a Search Warrant, Production Order or Compulsory Notice. They should provide three copies. These must be kept safe as they will set out the scope of the search (including the premises' address), the names or number of officers permitted to be present that day, the time period for which the search is permitted and any property/evidence they are authorised to seize.

Remain calm and give careful thought to anything you say to officers in attendance. You are not obligated to discuss what they are there to obtain or to help them in their search.

Organise

Contact the most senior member of management (and the lawyer on site, if there is one), to meet with the officers. Provide them with a meeting room and, where possible, limit the access to any company documents or hardware until search warrants have been reviewed.

Obtain contact details for all the officers present, including their collar numbers, so that they can be contacted after regarding the investigation and the seized goods.

Speak to your solicitor

Maintain dialogue with JMW as your external legal team and ask us to attend the premises immediately if you have not already. If we cannot immediately attend, officers will usually speak to us by phone.

Obtain and secure documents

Check the authorisation documents from the officials and provide your solicitor with all details obtained from the officials, including which authority has arrived and how many officers have attended. Scan the documents and email them to your solicitor while awaiting their arrival.

Shadowing

Representatives from your business are entitled to “shadow” officers during the search, provided they do not interfere. Individuals should be nominated for this task, which can be done by reference to the rooms the officers are searching.

The shadowing employee should monitor the search, note any documents that are being taken and ask to make copies.

Establish a Steering Group

The steering group is one of the most important proactive responses you can make to a search warrant or dawn raid and should be up and running as quickly as possible. This will dictate your company’s strategic response long after the dawn raid itself, give instructions to legal representatives and preserve legal professional privilege.

In essence, a steering group is made up of key individuals within the business and usually comprises:

1. A senior and or executive management member who is authorised to make decisions on behalf of the company, such as a CEO, CCO or Partner;
2. A senior staff member who can manage and correspond with agency officials on a day-to-day basis;
3. A senior member of the IT team who can explain the company's IT system; and
4. A senior staff member with expertise in the specific offence listed in the warrant. For example, a risk and compliance, health and safety or money laundering officer.

JMW Solicitors can offer input and support in structuring a steering group, so please contact us for assistance if necessary.

Confidential Documents

Remember, some documents are outside the scope of the warrant if they relate to communications between a legal professional and their client. If you suspect a document falls into this bracket, refer it to the supervisor. If there is a disagreement, the document should be placed in a sealed envelope until the solicitor arrives. If in doubt, refer the document to the supervisor.

Communications and Reputational Management

One of the key aspects of concern is how a raid can affect your company’s reputation. JMW Solicitors has a team of media law specialists who can advise and assist in media damage control and PR. We recommend that when officers arrive, you send a company-wide email informing employees of the officers' presence and of the company’s intention to co-operate. Remind them not to communicate with any external individuals about the raid or investigation.

No employee should discuss the investigation with any external third party except JMW Solicitors. As part of our instruction, we will monitor all external communications and relevant regulatory websites relating to the investigation. JMW’s media team will assist you with a media release later if this is required.

JMW’s Arrival

Upon our arrival, a representative from JMW Solicitors will ask for copies of all formal documentation and confirm if the search was authorised. The representative will also hold a briefing meeting with the authorities to understand the extent of the investigation and what documents are being searched.

Whilst the investigation is ongoing, you and the representative should proactively assess the material seized to ensure all aspects are covered and to determine what the officials are seeking.

The paperwork of the searching agency should list the documentation sought. If officers present aim to seize anything beyond the list, JMW will seek a justification.

Questioning

While wilfully obstructing an officer is a criminal offence, remember that officers cannot interview or interrogate employees. Refer any questions beyond those relating to practical arrangements to the supervisor. For those who are part of the steering group, officials are entitled to ask questions relating to the investigation. Try to be direct and straightforward in your answers to avoid any adverse interpretations.

After the Search

Note the time the officers leave the premises. When the search is over, nominate one person to collect and compile all the data collected by those 'shadowing' the officers and hand this to your solicitor and/or management when they arrive.