Dawn raids are unannounced visits by regulatory bodies or law enforcement agencies, typically carried out unexpectedly at a business or personal premises early in the morning to try and guarantee an element of surprise. The purpose of these visits is to gather evidence as part of an investigation. These raids are often conducted by agencies, including the Serious Fraud Office (SFO), Competition and Markets Authority (CMA), HM Revenue and Customs (HMRC) and others. Here’s a guide on what you need to be aware of in case your business or premises is subject to a dawn raid.
1. Understand who can conduct dawn raids
Multiple agencies in the UK can conduct dawn raids, including:
- SFO (Serious Fraud Office) – for fraud, bribery and corruption investigations.
- CMA (Competition and Markets Authority) – for anti-competitive practices.
- HMRC – for tax evasion or VAT-related investigations.
- FCA (Financial Conduct Authority) – for financial services misconduct.
Make sure you know which agency or regulator is conducting the raid and their legal remit.
2. Verify the warrants
When officers arrive, they must present a search warrant or notice of investigation. Ensure the following details are correct:
- The agency’s name.
- The premises listed on the warrant (it must match your address).
- The scope of the search (check what documents or information they are permitted to take).
If there are inconsistencies, raise concerns but do not obstruct the search. You can challenge the legality of the search later.
3. Contact legal advisors immediately
Call your legal team immediately once the raid begins. They should arrive promptly to monitor the raid and advise you on how to respond. If you don’t have an in-house legal team, contact your external legal counsel for immediate assistance.
Legal advisors can help with:
- Ensuring compliance with the raid while safeguarding your rights.
- Taking notes on what is being searched and seized.
- Ensuring officers stick to the scope of the warrant.
4. Do not obstruct the raid
You must cooperate with the authorities during the raid. Obstructing the search could lead to criminal charges, such as obstruction of justice or interference with an investigation. However, cooperation doesn’t mean volunteering information that isn’t within the scope of the warrant.
5. Assign a liaison person to the authorities
Nominate a responsible individual (preferably a senior staff member or legal officer) to be the point of contact with the officials during the raid. They should:
- Accompany (but not obstruct) the officers during the search.
- Take detailed notes of the officer’s actions.
- Ensure any privileged or confidential information is flagged and handled properly.
6. Identify and protect privileged documents
Privileged documents (e.g. communication with legal counsel) are protected from being seized in a dawn raid. Ensure your legal team flags these documents and asserts legal privilege over them.
If any dispute arises about privileged information, ask for these documents to be set aside for review by an independent party or sealed until the matter is resolved.
7. Monitor what is taken
It’s critical to maintain a detailed record of all documents, files and items removed during the raid. Officers are required to provide an inventory of what they seize, but it is beneficial for you to have your own record. Make sure you:
- Take copies of the documents being seized where possible.
- Keep a log of any digital devices or hard drives that are removed.
This helps to assess the scope of the evidence later and ensures nothing outside of the warrant’s scope is taken.
8. Secure your IT systems
Dawn raids often involve the collection of electronic evidence. Authorities may seize laptops, phones or entire servers. Be prepared to:
- Ensure access to data is controlled.
- Back up all critical information beforehand.
- Use encryption where necessary and inform officers about any encryption on devices.
Be cautious about access to personal data to avoid breaching GDPR (General Data Protection Regulation) obligations.
9. Prepare for interviews
During the raid, officials may ask employees questions, either informally or through more structured interviews. Here’s how to handle this:
- Employees should be briefed to cooperate but not volunteer unnecessary information.
- You have the right to legal representation during any formal interview under caution.
- Make sure all employees know not to destroy or hide any documents, as doing so can result in serious criminal charges.
10. Post-raid actions and response
After the raid:
- Hold a debrief with your legal team to review the conduct of the raid and what was seized.
- Contact the agency to request copies of any items taken if needed.
- Review whether your legal privilege was breached.
- Take steps to protect business operations, such as recovering critical IT functions if equipment was taken.
You should also assess potential liabilities based on what the authorities were looking for and begin preparing your legal defense.
Summary of Key Points
- Know who’s conducting the raid.
- Check and challenge the warrant if necessary.
- Contact legal advisors immediately.
- Do not obstruct the raid; cooperate within the legal bounds.
- Assign a liaison person to accompany officials.
- Protect legally privileged documents.
- Keep a detailed record of items seized.
- Ensure IT systems and data are secured.
- Brief staff on how to handle interviews.
- Plan your post-raid strategy with your legal team.
By staying calm, organised and compliant during a dawn raid, you can safeguard your legal position and ensure the situation is managed as smoothly as possible.
Updated: 11 December 2024
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The information in this blog is for general information purposes only and does not purport to be comprehensive or to provide legal advice. Whilst every effort is made to ensure the information and law is current as of the date of publication it should be stressed that, due to the passage of time, this does not necessarily reflect the present legal position. Gherson accepts no responsibility for loss which may arise from accessing or reliance on information contained in this blog. For formal advice on the current law please do not hesitate to contact Gherson. Legal advice is only provided pursuant to a written agreement, identified as such, and signed by the client and by or on behalf of Gherson.
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