Being raided now – Action Plan

If you are being dawn raided now by an authority:

1. Check the authorising document or warrant.
2. Contact ABV Solicitors on 0344 587 9996 immediately;
3. Ask the investigators if they will wait for your legal team to arrive; they do not have to. They may speak with legal representatives on the phone.
4. Shadow any inspectors closely.

What is a Dawn Raid?

Should the police suspect that a business is acting unlawfully, they have the power to search an office (or home connected to the business) for evidence. The officers can arrive unannounced at any time in the working day and may seize relevant documents.

The offences for which police have this power include fraud, bribery and corruption, breach of competition law but are numerous. However, the police are not the only authority who can conduct dawn raids.

The Serious Fraud Office, for example, commonly carry out dawn raids. It is important that businesses identify the authority handling the raid. Knowing who is investigating the businesses gives a primary indication of the nature of the alleged offence.

Typical Process of a Dawn Raid

The typical process of a dawn raid is as follows:

1. A search warrant is obtained by the authority without notice;
2. Officers arrive at premises(s) simultaneously;
3. Officers secure premises to prevent persons from leaving;
4. Persons present are unable to destroy any documents;
5. Officers carry out a search and seize documents and devices;

Investigators should be supervised throughout their search. Those watching the investigators gain intelligence about the search and can shield investigators from areas in the building out of scope of the investigation.

Investigators cannot question employees beyond administrative issues such as ‘Where are the files kept?’.

Legal Professional Privilege

There are rules surrounding documents which are protected by Legal Professional Privilege (‘privileged’), given by your solicitors. In most circumstances, these cannot be viewed by prosecuting authorities or the police. Businesses should, with the help of legal professionals, make it clear to the investigators whether a document is privileged. This area of law however is complex as the authorities potentially have the power to seize the documents with constraints in relation to its examination and use in evidence.

Can you challenge a search warrant?

Yes, in some circumstances we can challenge the legality of the search warrant and detailed advice will be provided to you. This could potentially lead to the action of the investigators being scrutinised and resolving the matter early.