Extradition Act 2003

Extradition Act 2003

2003 CHAPTER 41

Territorial Application: Wales

Part 4 .Police Powers

Section 162: Entry and search of premises on arrest

466. This section gives a police constable power to enter and search premises where a person is arrested under an extradition arrest power, unless arrest takes place at a police station (subsection (1)).

467. Subsection (2) provides for a police constable to enter and search premises where the person is arrested, or in which he was immediately before arrest. 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). "Evidence" in this context does not include items subject to legal privilege. 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).

468. A police constable may search premises only for evidence (which does not include items subject to legal privilege) 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)). Subsection (6) allows a police constable to seize and retain anything discovered in exercise of this power.

469. In addition to the powers described above a police constable may (subsection (7)), having entered premises in exercise of this power, confiscate anything he finds there where he has reasonable grounds to believe:

• that it has been obtained as the result of an offence or is evidence of an offence (including offences committed outside the United Kingdom); and

• that it is necessary to seize it to avoid the evidence being lost or interfered with in any way.

470. Subsection (9) covers the situation where the premises in question include multiple dwellings. A police constable is allowed, in this situation, to enter and search only the communal areas of the premises and any dwelling where the arrest took place, or in which the person was immediately before arrest.