Power to enter Premises

 

PACE 1984 s17

(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 s76 of the Magistrates’ Courts Act 1980
(b) of arresting a person for an indictable offence;
(c) of arresting a person for an offence under-
            (i) section 1 (prohibition of uniforms in connection with political objects) of the
            Public Order Act 1936;
            (ii) any enactment contained in sections 6-8 or 10 of the Criminal Law Act 1977
            (offences relating to entering & remaining on premises);
            (iii) section 4 of the Public Order Act 1986 (fear or provocation of violence):
            (iiia) section 4 (driving etc when under influence of drink or drugs) or 163 (failure
            to stop when required to do so by a constable in uniform) of the Road Traffic Act
            1988;
            (iiib) section 27 of the Transport and Works Act 1972 (which relates to offences
            involving drink or drugs);
            (iv) section 76 of the Criminal Justice and Public Order Act 1994 (failure to comply
            with interim possession order);
            (v) any of sections 4,5,6(1) & (2) and 8(1) & (2) of the Animal Welfare Act 2006
            (offences relating to the prevention of harm to animals);
(ca) of arresting, in pursuance of s 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;
(caa) of arresting a person for an offence to which s61 of the Animal Health Act 1981 applies;
(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 s92 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 any person whatever who is unlawfully at large and whom they are pursuing, OR
(e) of saving life or limb or preventing serious damage to property.

 

Power to search premises after arrest

PACE 1984 s18(1) & (5)

(1)     A constable may enter and search any premises occupied or controlled by a person who is under arrest for an indictable offence, if they have 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 indictable offence which is connected with or similar to that
            offence.

(5)       A constable may conduct a search under section (1)-
            (a) before the person is taken to the police station or released on bail under
            section 30A, AND
            (b) without obtaining an authorisation under subsection (4), if the condition
            in subsection (5A) is satisfied.

(5A)    The condition is that the presence of the person at a place (other than a police station) is necessary for the effective investigation of the offence.

 

Power to Search Place Person was at/just left at time of arrest

PACE 1984 s32B

If a person is arrested for an indictable offence, at a place other than a police station, a constable can enter and search any premises in which that person was-

When arrested;

Immediately before they were arrested;

for evidence relating to the indictable offence for which arrested, providing reasonable grounds exist to believe that the evidence is on the premises.

 

Powers of Seizure

PACE 1984 s19

(2)     The constable may seize anything which is on the premises if they have reasonable grounds for believing-
            (a) that it has been obtained in consequence of the commission of an offence, AND
            (b) that it is necessary to seize it in order to prevent it being concealed, lost,
            damaged, altered or destroyed.

(3)       The constable may seize anything which is on the premises is he has reasonable grounds for believing-
            (a) that it is evidence in relation to an offence which they are investigating or any
            other offence, AND
            (b) that it is necessary to seize it in order to prevent the evidence being concealed,
            lost, altered or destroyed.