Policing and Crime Act 2017

Powers to search premises under section 139

4 (1) Section 139 (search powers available on arrests under sections 136 and 137) is amended as follows.

(2) In the heading, for “sections 136 and 137” substitute “sections 136, 137 and 137A”.

(3) For subsection (1) substitute—

“(1) The powers conferred by subsections (2) and (3) are available to a constable in relation to—

(a) a person arrested under section 136(1), (2)(b) or (3)(a);

(b) a person arrested under section 137(1) or (3);

(c) a person arrested under section 137A in respect of a specified offence committed in England and Wales or Northern Ireland.”

(4) Omit subsection (3)(b).

(5) After subsection (3) insert—

“(3A) The powers conferred by subsection (3B) are available to a constable in relation to—

(a) a person arrested under section 136(1) or (3)(a) in the execution of a warrant issued in England and Wales in respect of an offence that is an indictable offence in England and Wales;

(b) a person arrested under section 136(1) or (2)(b) in the execution of a warrant issued in Northern Ireland in respect of an offence that is an indictable offence in Northern Ireland;

(c) a person arrested under section 137(1) in respect of an offence that is an indictable offence in England and Wales;

(d) a person arrested under section 137(3) in respect of an offence that is an indictable offence in Northern Ireland;

(e) a person arrested under section 137A(2) or (4) in respect of a specified offence committed in England and Wales;

(f) a person arrested under section 137A(1) or (2) in respect of a specified offence committed in Northern Ireland.

(3B) The constable may enter and search any premises in which the person was when arrested or immediately before he was arrested for evidence relating to the offence.”

(6) In subsection (4), after “subsection (3)” insert “or (3B)”.

(7) In subsection (7)—

(a) for “subsection (3)(b)” substitute “subsection (3B)”;

(b) for “that paragraph” substitute “that subsection”.

(8) In subsection (8), for “subsection (3)(b)” substitute “subsection (3B)”.

(9) After subsection (10) insert—

“(10A) Where a constable of a police force in England and Wales searches premises in the exercise of the power conferred by subsection (3B) or where a constable of the British Transport Police searches premises in England and Wales in the exercise of that power—

(a) the constable has the same powers as the constable would have under section 19 of the Police and Criminal Evidence Act 1984 if the search had taken place under section 32(2)(b) of that Act, and

(b) sections 21 and 22 of that Act apply in relation to anything seized in the exercise of the powers conferred by paragraph (a) above.

(10B) Where a constable of a police force in Northern Ireland searches premises in the exercise of the power conferred by subsection (3B)—

(a) the constable has the same powers as the constable would have under Article 21 of the Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I.12)) if the search had taken place under Article 34(2)(b) of that Order, and

(b) Articles 23 and 24 of that Order apply in relation to anything seized in the exercise of the powers conferred by paragraph (a) above.

(10C) Where a constable of a police force in Scotland searches premises in the exercise of the power conferred by subsection (3B), or where a constable of the British Transport Police searches premises in Scotland in the exercise of that power, the constable has the same powers of seizure and retention as the constable would have if the search had taken place in the exercise of a power of the constable (by virtue of any rule of law) in relation to a person arrested and charged with an offence by the constable in Scotland.”

(10) In subsection (12)—

(a) in the definition of “premises”, at the end of paragraph (b) (before the “and”) insert—

“( ba)

any renewable energy installation;”;

(b) omit the “and” after that definition;

(c) in the definition of “offshore installation” for “section 1 of the Mineral Workings (Offshore Installations) Act 1971” substitute “section 44 of the Petroleum Act 1998”;

(d) at the end of the subsection insert “; and

• renewable energy installation” has the same meaning as in Chapter 2 of Part 2 of the Energy Act 2004 (see section 104 of that Act).”