Part II Powers of Entry, Search and Seizure

Entry and search without search warrant

17 Entry for purpose of arrest etc.

(1)

Subject to the following provisions of this section, and without prejudice to any other enactment, a constable may enter and search any premises for the purpose—

(a)

of executing—

(i)

a warrant of arrest issued in connection with or arising out of criminal proceedings; or

(ii)

a warrant of commitment issued under section 76 of the M1Magistrates’ Courts Act 1980;

(b)

of arresting a person for an arrestable offence;

(c)

of arresting a person for an offence under—

(i)

section 1 (prohibition of uniforms in connection with political objects), . . . F1 of the M2Public Order Act 1936;

(ii)

any enactment contained in sections 6 to 8 or 10 of the M3Criminal Law Act 1977 (offences relating to entering and remaining on property);

F2(iii)

section 4 of the Public Order Act 1986 (fear or provocation of violence);

F3(iv)

section 76 of the Criminal Justice and Public Order Act 1994 (failure to comply with interim possession order);

F4(ca)

of arresting, in pursuance of section 32(1A) of the Children and Young Persons Act 1969, any child or young person who has been remanded or committed to local authority accommodation under section 23(1) of that Act;

(cb)

of recapturing any person who is, or is deemed for any purpose to be, unlawfully at large while liable to be detained—

(i)

in a prison, remand centre, young offender institution or secure training centre, or

(ii)

in pursuance of F5section 92 of the Powers of Criminal Courts (Sentencing ) Act 2000 (dealing with children and young persons guilty of grave crimes), in any other place;

(d)

of recapturing F6any person whatever who is unlawfully at large and whom he is pursuing; or

(e)

of saving life or limb or preventing serious damage to property.

(2)

Except for the purpose specified in paragraph (e) of subsection (1) above, the powers of entry and search conferred by this section—

(a)

are only exercisable if the constable has reasonable grounds for believing that the person whom he is seeking is on the premises; and

(b)

are limited, in relation to premises consisting of two or more separate dwellings, to powers to enter and search—

(i)

any parts of the premises which the occupiers of any dwelling comprised in the premises use in common with the occupiers of any other such dwelling; and

(ii)

any such dwelling in which the constable has reasonable grounds for believing that the person whom he is seeking may be.

(3)

The powers of entry and search conferred by this section are only exercisable for the purposes specified in subsection (1)(c)(ii) F7or (iv) above by a constable in uniform.

(4)

The power of search conferred by this section is only a power to search to the extent that is reasonably required for the purpose for which the power of entry is exercised.

(5)

Subject to subsection 6 below, all the rules of common law under which a constable has power to enter premises without a warrant are hereby abolished.

(6)

Nothing in subsection (5) above affects any power of entry to deal with or prevent a breach of the peace.

18 Entry and search after arrest.

(1)

Subject to the following provisions of this section, a constable may enter and search any premises occupied or controlled by a person who is under arrest for an arrestable offence, if he has reasonable grounds for suspecting that there is on the premises evidence, other than items subject to legal privilege, that relates—

(a)

to that offence; or

(b)

to some other arrestable offence which is connected with or similar to that offence.

(2)

A constable may seize and retain anything for which he may search under subsection (1) above.

(3)

The power to search conferred by subsection (1) above is only a power to search to the extent that is reasonably required for the purpose of discovering such evidence.

(4)

Subject to subsection (5) below, the powers conferred by this section may not be exercised unless an officer of the rank of inspector or above has authorised them in writing.

(5)

A constable may conduct a search under subsection (1) above—

(a)

before taking the person to a police station; and

(b)

without obtaining an authorisation under subsection (4) above,

if the presence of that person at a place other than a police station is necessary for the effective investigation of the offence.

(6)

If a constable conducts a search by virtue of subsection (5) above, he shall inform an officer of the rank of inspector or above that he has made the search as soon as practicable after he has made it.

(7)

An officer who—

(a)

authorises a search; or

(b)

is informed of a search under subsection (6) above, shall make a record in writing—

(i)

of the grounds for the search; and

(ii)

of the nature of the evidence that was sought.

(8)

If the person who was in occupation or control of the premises at the time of the search is in police detention at the time the record is to be made, the officer shall make the record as part of his custody record.