Section 164: Entry and search of premises after arrest
477.This section gives a police constable power to enter and search premises after a person has been arrested under an extradition arrest power (subsection (1)).
478.Subsection (2) provides for a police constable to enter and search premises occupied or controlled by the arrested person. This power applies where there are reasonable grounds to believe that there is evidence on the premises of the relevant offence (in accusation cases) or of the person's identity (in all cases). The relevant offence (subsection (3)) is one on the basis of which a Part 1 warrant has been or will be issued (Part 1), or on the basis of which extradition has been or will be formally requested (Part 2).
479.A police constable may use the power to search premises only for evidence relating to the relevant offence and the person's identity, as appropriate, and only so far as is reasonably necessary to find such evidence (subsections (4) and (5)). This evidence may not include any items subject to legal privilege. Subsection (6) allows a police constable to seize and retain anything relevant that is discovered in exercise of this power.
480.In addition to the powers described above a police constable may (subsection (7)), having entered premises in exercise of the power in subsection (2), seize and retain anything he finds there if he has reasonable grounds to believe:
that it has been obtained as the result of an offence or is evidence of an offence; and
that it is necessary to confiscate it to avoid the evidence being lost or interfered with in any way.
481.Under subsection (9) the powers to search premises and seize and retain evidence given in this section may only be used with the written authorisation of a police officer of inspector level or higher. Subsection (10) gives the exception to this rule. The power to search in subsection (2) may be carried out without this authorisation before the arrested person is taken to a police station if the holding of the person somewhere other than a police station is necessary for an effective search to occur.
482.Subsection (11) states that subsections (9) and (10) do not apply to Scotland. This means that the powers in subsections (2) and (6), to enter and search premises and to retain any evidence found as a result, may be exercised in Scotland without written authority.
