Dawn raids must be responded to in the right way in order to reduce the damage they can do to your business.
They can be carried out by enforcement and prosecution agencies such as the Serious Fraud Office (SFO), National Crime Agency (NCA), Financial Conduct Authority (FCA), HM Customs and Revenue (HMRC) and the economic crime units of regional police forces. Raids are used as a tool by such agencies to obtain material that may be of possible use in a criminal or regulatory investigation into a corporate or an individual.
These agencies can apply to courts for warrants that enable them to search a premises and seize and copy or retain material that they believe is relevant to the investigation that prompted the raid. It is vital that the subject of a raid seeks expert legal advice immediately so they can keep disruption to a minimum and ensure that the agency conducting the raid does not overstep the mark.
The raid can be a crucial first stage in an investigation. Your response to it will be of huge importance. Responding to it vigorously and intelligently can be an important part of your defence to the allegations that prompted the raid.
At Rahman Ravelli, we are seasoned experts when it comes to helping companies and individuals prepare for the possibility of a raid. We can also be on hand at a moment’s notice if a raid is imminent and we use all our experience, as well as robust legal argument, to ensure our clients are not left unfairly disadvantaged as the result of a raid.
We are recognised for our ability to provide the right advice at the right time to protect your rights in a raid and make sure the agency conducting it does not exceed its powers.
In many cases it is possible to mount a legal challenge to a raid. This can be based on the application that the authorities made for a search warrant, whether procedural rules were followed and the conduct of the raid itself.
Raids can be dramatic for those who are subject to one. They touch on a number of legal issues and can be subject to a variety of legal challenges.
At Rahman Ravelli, we manage every single aspect of a raid to reduce the effect it may have on your working routine. It is what we do best. And we do it in a way that helps you keep doing what you do best.
A dawn raid is an unannounced search of business premises or a private address carried out by investigators — most commonly the Serious Fraud Office, National Crime Agency, HMRC, police, FCA, or Competition and Markets Authority — typically early in the morning when the element of surprise is greatest. Investigators arrive with a warrant authorising entry and search, and may seize documents, computers, mobile phones, and other items as evidence. The term 'dawn raid' also applies to unannounced searches at any time of day.
The powers available to investigators during a search depend on the authority and the type of warrant obtained. Under a general search warrant issued by a magistrate or circuit judge under the Police and Criminal Evidence Act 1984 (PACE) or relevant agency-specific legislation, investigators can enter the specified premises and seize items that they have reasonable grounds to believe are evidence of the offence. The SFO has additional powers under section 2 of the Criminal Justice Act 1987. Competition authorities have specific powers under the Competition Act 1998. The scope of the warrant must be checked carefully.
You have the right to: see and take a copy of the search warrant; contact and consult a solicitor before answering questions (investigators must allow a reasonable opportunity to do so); refuse to answer questions during the search (other than to provide basic identification information); assert legal professional privilege over documents that are legally privileged; and have a representative present to supervise the search. You do not have the right to obstruct the search or to prevent investigators from seizing items covered by the warrant.
Employees should: remain calm and not obstruct investigators; ask to see and take a copy of the warrant; immediately contact the designated legal advisor or the company's solicitors; not destroy, conceal, or delete any documents, emails, or data; not discuss the search or its subject matter with colleagues; not make personal calls without permission; and follow the instructions of the legal team as soon as they arrive on site. Having a tested dawn raid response protocol in place before an investigation occurs is essential.
Legal professional privilege (LPP) protects confidential communications between a client and their lawyer made for the purpose of giving or receiving legal advice, and documents prepared for the dominant purpose of litigation. Investigators are not entitled to seize privileged documents. If investigators seek to take documents that appear privileged, the claim of privilege should be raised immediately and the documents should be set aside for separate assessment. In practice, disputes about privilege during searches often require the intervention of a supervisor from the investigating agency or, in disputed cases, an application to the court.
Yes. Investigators can seize computers, laptops, mobile phones, tablets, servers, and external storage devices, and can take forensic copies of digital data. They may also seek access to cloud storage and remotely hosted data. You should not attempt to delete data or remotely wipe devices while investigators are present. Investigators are required to comply with the rules on the handling of seized electronic evidence, including limitations on accessing communications and legally privileged material held on devices.
After a dawn raid, the investigating authority will review the material seized and may return some items or copies of documents within a specified period. They may then issue further information requests or summons for compelled interview. Depending on the stage of the investigation, arrest, charge, or civil proceedings may follow. The period immediately after a raid is critical for taking stock of the scope of the investigation, obtaining specialist legal advice, conducting an internal review, and formulating a coherent response strategy.
The early stages of a search are chaotic and high-pressure, and decisions made in the first hours — about privilege assertions, what can be said to investigators, and which documents are covered by the warrant — can have a profound effect on the ultimate outcome. An experienced solicitor attending on site can ensure that the search is conducted within its lawful parameters, that privileged material is protected, that employees do not inadvertently prejudice their legal position, and that a forensic log of what has been taken is maintained. The speed and quality of the legal response at the time of a raid can be decisive.
