Police and Criminal Evidence Act 1984 (c. 60)

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Police and Criminal Evidence Act 1984

1984 c. 60

An Act to make further provision in relation to the powers and duties of the police, persons in police detention, criminal evidence, police discipline and complaints against the police; to provide for arrangements for obtaining the views of the community on policing and for a rank of deputy chief constable; to amend the law relating to the Police Federations and Police Forces and Police Cadets in Scotland; and for connected purposes.

[31st October 1984]

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

Annotations:
Modifications etc. (not altering text)
C1	By Criminal Justice Act 1991 (c.53, SIF 39:1), s. 101(1), Sch. 12 para. 23; S.I. 1991/2208, art. 2(1), Sch. 1 it is provided (14.10.1991) that in relation to any time before the commencement of s.70 of that 1991 Act (which came into force on 1.10.1992 by S.I. 1992/333, art. 2(2), Sch. 2) references in any enactment amended by that 1991 Act, to youth courts shall be construed as references to juvenile courts.
C2	Act extended (15.4.1992) by S.I. 1992/975, art. 16(13). Act extended (5.6.1992) by S.I. 1992/1302, art. 17(13). Act extended (2.8.1993) by S.I. 1993/1813, art. 6, Sch. 3 para. 2(1)(a); and Act extended by the said S.I. 1993/1813, art. 6, Sch. 3 para. 2 as incorporated (with modifications) (1.12.1997) by S.I. 1994/1405, art. 6, Sch. 3 para. 3 Act amended (17.5.1996) by S.I. 1996/1296, art. 16(7)(a) Act amended (16.6.2000) by S.I. 2000/1556, art. 17(12) Act extended (temp.) (1.11.1997) by S.I. 1997/2592, arts. 1(2), 12(12)
C3	Act: power to apply certain provisions (with modifications) conferred (1.10.2002) by Police Reform Act 2002 (c. 30), ss. 13, 108(2)-(5), Sch. 3 Pt. 3 para. 19(6) (with s. 14(1)); S.I. 2002/2306, art. 4(e) Act: power to apply certain provisions (with modifications) conferred (8.11.2006) by Armed Forces Act 2006 (c. 52), ss. 373(6) , 383 (with s. 385)
C4	Act applied (14.2.2000) by 1971 c. 77, s. 28D(5) (as inserted (14.2.2000) by 1999 c. 33, ss. 131; S.I. 2000/168, art. 2, Sch.) Act applied (with modifications) (14.10.2002) by The Police and Criminal Evidence Act 1984 (Department of Trade and Industry Investigations) Order 2002 (S.I. 2002/2326), art. 3(1)(b)
C5	Act modified (11.2.2005) by The Ivory Coast (United Nations Sanctions) Order 2005 (S.I. 2005/253), art. 9(12) Act modified (11.3.2005) by Prevention of Terrorism Act 2005 (c. 2), s. 5(7)(b)(i) Act applied (with modifications) (1.4.2006) by The Serious Organised Crime and Police Act 2005 (Application and Modification of Certain Enactments to Designated Staff of SOCA) Order 2006 (S.I. 2006/987), art. 3 , Sch. 1
C6	Act: certain provisions applied (with modifications) (1.12.2007) by The Police and Criminal Evidence Act 1984 (Application to Revenue and Customs) Order 2007 (S.I. 2007/3175), arts. 3-19 , Schs. 1, 2

Part I

Powers to Stop and Search

Annotations:
Modifications etc. (not altering text)
C7	Pt. I incorporated (E.W.S.) (16.5.2008) by The London Gateway Port Harbour Empowerment Order 2008 (S.I. 2008/1261), art. 52

Power of constable to stop and search persons, vehicles etc.

— (1) A constable may exercise any power conferred by this section—

(a)

in any place to which at the time when he proposes to exercise the power the public or any section of the public has access, on payment or otherwise, as of right or by virtue of express or implied permission; or

(b)

in any other place to which people have ready access at the time when he proposes to exercise the power but which is not a dwelling.

(2) Subject to subsection (3) to (5) below, a constable—

(a)

may search—

(i) any person or vehicle;

(ii) anything which is in or on a vehicle,

for stolen or prohibited articles [F1 , any article to which subsection (8A) below applies or any firework to which subsection (8B) below applies] ; and

(b)

may detain a person or vehicle for the purpose of such a search.

(3) This section does not give a constable power to search a person or vehicle or anything in or on a vehicle unless he has reasonable grounds for suspecting that he will find stolen or prohibited articles [F2 , any article to which subsection (8A) below applies or any firework to which subsection (8B) below applies] .

(4) If a person is in a garden or yard occupied with and used for the purposes of a dwelling or on other land so occupied and used, a constable may not search him in the exercise of the power conferred by this section unless the constable has reasonable grounds for believing—

(a)

that he does not reside in the dwelling; and

(b)

that he is not in the place in question with the express or implied permission of a person who resides in the dwelling.

(5) If a vehicle is in a garden or yard occupied with and used for the purposes of a dwelling or on other land so occupied and used, a constable may not search the vehicle or anything in or on it in the exercise of the power conferred by this section unless he has reasonable grounds for believing—

(a)

that the person in charge of the vehicle does not reside in the dwelling; and

(b)

that the vehicle is not in the place in question with the express or implied permission of a person who resides in the dwelling.

(6) If in the course of such a search a constable discovers an article which he has reasonable grounds for suspecting to be a stolen or prohibited article [F3 , an article to which subsection (8A) below applies or a firework to which subsection (8B) below applies] , he may seize it.

(7) An article is prohibited for the purposes of this Part of this Act if it is—

(a)

an offensive weapon; or

(b)

an article—

(i) made or adapted for use in the course of or in connection with an offence to which this sub-paragraph applies; or

(ii) intended by the person having it with him for such use by him or by some other person.

(8) The offences to which subsection (7)(b)(i) above applies are—

(a)

burglary;

(b)

theft;

(c)

offences under section 12 of the M1 Theft Act 1968 (taking motor vehicle or other conveyance without authority); F4 ...

[F5 (d)

fraud (contrary to section 1 of the Fraud Act 2006)] [ F6 ; and

(e)

offences under section 1 of the Criminal Damage Act 1971 (destroying or damaging property).]

[F7 (8A) This subsection applies to any article in relation to which a person has committed, or is committing or is going to commit an offence under section 139 of the Criminal Justice Act 1988.]

[F8 (8B) This subsection applies to any firework which a person possesses in contravention of a prohibition imposed by fireworks regulations.

(8C) In this section—

(a)

“firework” shall be construed in accordance with the definition of “fireworks” in section 1(1) of the Fireworks Act 2003; and

(b)

“fireworks regulations” has the same meaning as in that Act.]

(9) In this Part of this Act “offensive weapon” means any article—

(a)

made or adapted for use for causing injury to persons; or

(b)

intended by the person having it with him for such use by him or by some other person.

Annotations:
Amendments (Textual)
F1	Words in s. 1(2) substituted (1.7.2005) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 115(2) , 178; S.I. 2005/1521, art. 3(1)(f)
F2	Words in s. 1(3) substituted (1.7.2005) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 115(3) , 178; S.I. 2005/1521, art. 3(1)(f)
F3	Words in s. 1(6) substituted (1.7.2005) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 115(4) , 178; S.I. 2005/1521, art. 3(1)(f)
F4	Word in s. 1(8)(c) repealed (20.1.2004) by Criminal Justice Act 2003 (c. 44), ss. 332, 336, Sch. 37 Pt. 1 ; S.I. 2004/81, art. 2(1)(2)(g)(i)
F5	S. 1(8)(d) substituted (15.1.2007) by Fraud Act 2006 (c. 35), ss. 14(1), 15(1), Sch. 1 para. 21 ; S.I. 2006/3200, art. 2
F6	S. 1(8)(e) and preceding word "and" inserted (20.1.2004) by Criminal Justice Act 2003 (c. 44), ss. 1(2) , 336; S.I. 2004/81, art. 2(1)(2)(a)
F7	S. 1(8A) inserted by Criminal Justice Act 1988 (c. 33, SIF 39:1), s. 140(1)(c)
F8	S. 1(8B)(8C) inserted (1.7.2005) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 115(5) , 178; S.I. 2005/1521, art. 3(1)(f)
Modifications etc. (not altering text)
C8	S. 1(7)(b) modified (15.1.2007) by Fraud Act 2006 (c. 35), ss. 8(2)(a) , 15(1); S.I. 2006/3200, art. 2
Marginal Citations
M1	1968 c. 60.

Provisions relating to search under section 1 and other powers.

— (1) A constable who detains a person or vehicle in the exercise—

(a)

of the power conferred by section 1 above; or

(b)

of any other power—

(i) to search a person without first arresting him; or

(ii) to search a vehicle without making an arrest,

need not conduct a search if it appears to him subsequently—

(i) that no search is required; or

(ii) that a search is impracticable.

(2) If a constable contemplates a search, other than a search of an unattended vehicle, in the exercise—

(a)

of the power conferred by section 1 above; or

(b)

of any other power, except the power conferred by section 6 below and the power conferred by section 27(2) of the M2 Aviation Security Act 1982—

(i) to search a person without first arresting him; or

(ii) to search a vehicle without making an arrest,

it shall be his duty, subject to subsection (4) below, to take reasonable steps before he commences the search to bring to the attention of the appropriate person—

(i) if the constable is not in uniform, documentary evidence that he is a constable; and

(ii) whether he is in uniform or not, the matters specified in subsection (3) below;

and the constable shall not commence the search until he has performed that duty.

(3) The matters referred to in subsection (2)(ii) above are—

(a)

the constable’s name and the name of the police station to which he is attached;

(b)

the object of the proposed search;

(c)

the constable’s grounds for proposing to make it; and

(d)

the effect of section 3(7) or (8) below, as may be appropriate.

(4) A constable need not bring the effect of section 3(7) or (8) below to the attention of the appropriate person if it appears to the constable that it will not be practicable to make the record in section 3(1) below.

(5) In this section “the appropriate person” means—

(a)

if the constable proposes to search a person, that person; and

(b)

if he proposes to search a vehicle, or anything in or on a vehicle, the person in charge of the vehicle.

(6) On completing a search of an unattended vehicle or anything in or on such a vehicle in the exercise of any such power as is mentioned in subsection (2) above a constable shall leave a notice—

(a)

stating that he has searched it;

(b)

giving the name of the police station to which he is attached;

(c)

stating that an application for compensation for any damage caused by the search may be made to that police station; and

(d)

stating the effect of section 3(8) below.

(7) The constable shall leave the notice inside the vehicle unless it is not reasonably practicable to do so without damaging the vehicle.

(8) The time for which a person or vehicle may be detained for the purposes of such a search is such time as is reasonably required to permit a search to be carried out either at the place where the person or vehicle was first detained or nearby.

(9) Neither the power conferred by section 1 above nor any other power to detain and search a person without first arresting him or to detain and search a vehicle without making an arrest is to be construed—

(a)

as authorising a constable to require a person to remove any of his clothing in public other than an outer coat, jacket or gloves; or

(b)

as authorising a constable not in uniform to stop a vehicle.

(10) This section and section 1 above apply to vessels, aircraft and hovercraft as they apply to vehicles.

Annotations:
Marginal Citations
M2	1982 c. 36.

Duty to make records concerning searches.

— (1) Where a constable has carried out a search in the exercise of any such power as is mentioned in section 2(1) above, other than a search—

(a)

under section 6 below; or

(b)

under section 27(2) of the M3 Aviation Security Act 1982, he shall make a record of it in writing unless it is not practicable to do so.

(2) If—

(a)

a constable is required by subsection (1) above to make a record of a search; but

(b)

it is not practicable to make the record on the spot,

he shall make it as soon as practicable after the completion of the search.

(3) The record of a search of a person shall include a note of his name, if the constable knows it, but a constable may not detain a person to find out his name.

(4) If a constable does not know the name of a person whom he has searched, the record of the search shall include a note otherwise describing that person.

(5) The record of a search of a vehicle shall include a note describing the vehicle.

(6) The record of a search of a person or a vehicle—

(a)

shall state—

(i) the object of the search;

(ii) the grounds for making it;

(iii) the date and time when it was made;

(iv) the place where it was made;

(v) whether anything, and if so what, was found;

(vi) whether any, and if so what, injury to a person or damage to property appears to the constable to have resulted from the search; and

(b)

shall identify the constable making it.

(7) If a constable who conducted a search of a person made a record of it, the person who was searched shall be entitled to a copy of the record if he asks for one before the end of the period specified in subsection (9) below.

(8) If—

(a)

the owner of a vehicle which has been searched or the person who was in charge of the vehicle at the time when it was searched asked for a copy of the record of the search before the end of the period specified in subsection (9) below; and

(b)

the constable who conducted the search made a record of it,

the person who made the request shall be entitled to a copy.

(9) The period mentioned in subsections (7) and (8) above is the period of 12 months beginning with the date on which the search was made.

(10) The requirements imposed by this section with regard to records of searches of vehicles shall apply also to records of searches of vessels, aircraft and hovercraft.

Annotations:
Marginal Citations
M3	1982 c. 36.

Road checks.

— (1) This section shall have effect in relation to the conduct of road checks by police officers for the purpose of ascertaining whether a vehicle is carrying—

(a)

a person who has committed an offence other than a road traffic offence or a [F9 vehicle] excise offence;

(b)

a person who is a witness to such an offence;

(c)

a person intending to commit such an offence; or

(d)

a person who is unlawfully at large.

(2) For the purposes of this section a road check consists of the exercise in a locality of the power conferred by [F10 section 163 of the Road Traffic Act 1988.] in such a way as to stop during the period for which its exercise in that way in that locality continues all vehicles or vehicles selected by any criterion.

(3) Subject to subsection (5) below, there may only be such a road check if a police officer of the rank of superintendent or above authorises it in writing.

(4) An officer may only authorise a road check under subsection (3) above—

(a)

for the purpose specified in subsection (1)(a) above, if he has reasonable grounds—

(i) for believing that the offence is [F11 an indictable offence] ; and

(ii) for suspecting that the person is, or is about to be, in the locality in which vehicles would be stopped if the road check were authorised;

(b)

for the purpose specified in subsection (1)(b) above, if he has reasonable grounds for believing that the offence is [F11 an indictable offence] ;

(c)

for the purpose specified in subsection (1)(c) above, if he has reasonable grounds—

(i) for believing that the offence would be [F11 an indictable offence] ; and

(ii) for suspecting that the person is, or is about to be, in the locality in which vehicles would be stopped if the road check were authorised;

(d)

for the purpose specified in subsection (1)(d) above, if he has reasonable grounds for suspecting that the person is, or is about to be, in that locality.

(5) An officer below the rank of superintendent may authorise such a road check if it appears to him that it is required as a matter of urgency for one of the purposes specified in subsection (1) above.

(6) If an authorisation is given under subsection (5) above, it shall be the duty of the officer who gives it—

(a)

to make a written record of the time at which he gives it; and

(b)

to cause an officer of the rank of superintendent or above to be informed that it has been given.

(7) The duties imposed by subsection (6) above shall be performed as soon as it is practicable to do so.

(8) An officer to whom a report is made under subsection (6) above may, in writing, authorise the road check to continue.

(9) If such an officer considers that the road check should not continue, he shall record in writing—

(a)

the fact that it took place; and

(b)

the purpose for which it took place.

(10) An officer giving an authorisation under this section shall specify the locality in which vehicles are to be stopped.

(11) An officer giving an authorisation under this section, other than an authorisation under subsection (5) above—

(a)

shall specify a period, not exceeding seven days, during which the road check may continue; and

(b)

may direct that the road check—

(i) shall be continuous; or

(ii) shall be conducted at specified times,

during that period.

(12) If it appears to an officer of the rank of superintendent or above that a road check ought to continue beyond the period for which it has been authorised he may, from time to time, in writing specify a further period, not exceeding seven days, during which it may continue.

(13) Every written authorisation shall specify—

(a)

the name of the officer giving it;

(b)

the purpose of the road check; and

(c)

the locality in which vehicles are to be stopped.

(14) The duties to specify the purposes of a road check imposed by subsections (9) and (13) above include duties to specify any relevant [F12 indictable offence] .

(15) Where a vehicle is stopped in a road check, the person in charge of the vehicle at the time when it is stopped shall be entitled to obtain a written statement of the purpose of the road check if he applies for such a statement not later than the end of the period of twelve months from the day on which the vehicle was stopped.

(16) Nothing in this section affects the exercise by police officers of any power to stop vehicles for purposes other than those specified in subsection (1) above.

Annotations:
Amendments (Textual)
F9	Word in s. 4(1)(a) substituted (1.9.1994) by 1994 c. 22, ss. 66(1), 63, Sch. 3 para.19 (with s. 57(4))
F10	Words substituted by Road Traffic (Consequential Provisions) Act 1988 (c. 54, SIF 107:1), s. 4, Sch. 3 para. 27(1)
F11	Words in s. 4 substituted (1.1.2006) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 111, 178, Sch. 7 Pt. 3 para. 43(2)(a) ; S.I. 2005/3495, art. 2(1)(m)
F12	Words in s. 4(14) substituted (1.1.2006) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 111, 178, Sch. 7 Pt. 3 para. 43(2)(b) ; S.I. 2005/3495, art. 2(1)(m)

Reports of recorded searches and of road checks.

— (1) Every annual report—

[F13 (a)

under section 22 of the M4 Police Act 1996; or]

(b)

made by the Commissioner of Police of the Metropolis,

shall contain information—

(i) about searches recorded under section 3 above which have been carried out in the area to which the report relates during the period to which it relates; and

(ii) about road checks authorised in that area during that period under section 4 above.

F14 (1A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) The information about searches shall not include information about specific searches but shall include—

(a)

the total numbers of searches in each month during the period to which the report relates—

(i) for stolen articles;

(ii) for offensive weapons [F15 or articles to which section 1(8A) above applies]; and

(iii) for other prohibited articles;

(b)

the total number of persons arrested in each such month in consequence of searches of each of the descriptions specified in paragraph (a)(i) to (iii) above.

(3) The information about road checks shall include information—

(a)

about the reason for authorising each road check; and

(b)

about the result of each of them.

Annotations:
Amendments (Textual)
F13	S. 5(1)(a) substituted (22.8.1996) by 1996 c. 16, ss. 103(1), 104(1), Sch. 7 Pt. II para. 34
F14	S. 5(1A) repealed (1.4.2006, subject to art. 4(2)-(7) of the commencing S.I.) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 59, 174, 178, Sch. 4 para. 44, Sch. 17 Pt. 2 ; S.I. 2006/378, art. 4(1) , Sch. paras. 10, 13(q)
F15	Words inserted by Criminal Justice Act 1988 (c. 33, SIF 39:1), s. 140(2)
Marginal Citations
M4	1996 c. 16.

Statutory undertakers etc.

— (1) A constable employed by statutory undertakers may stop, detain and search any vehicle before it leaves a goods area included in the premises of the statutory undertakers.

[F16 (1A) Without prejudice to any powers under subsection (1) above, a constable employed [F17 by the [F18 British Transport Police Authority]] may stop, detain and search any vehicle before it leaves a goods area which is included in the premises of any successor of the British Railways Board and is used wholly or mainly for the purposes of a relevant undertaking.]

(2) In this section “goods area” means any area used wholly or mainly for the storage or handling of goods [F19 ; and “successor of the British Railways Board” and “relevant undertaking” have the same meaning as in the Railways Act 1993 (Consequential Modifications) Order 1999.]

F20 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F21 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations:
Amendments (Textual)
F16	S. 6(1A) inserted (13.8.1999) by S.I. 1999/1998, art. 5(1)
F17	Words in s. 6(1A) substituted (1.2.2001) by 2000 c. 38, s. 217, Sch. 18 para. 5; S.I. 2001/57, art. 3(1) (Subject to Sch. 2 Pt II)
F18	Words in s. 6(1A) substituted (1.7.2004) by The British Transport Police (Transitional and Consequential Provisions) Order 2004 (S.I. 2004/1573), art. 12(1)(e)
F19	Words in s. 6(2) inserted (13.8.1999) by S.I. 1999/1998, art. 5(2)
F20	S. 6(3) repealed (1.4.2005) by Energy Act 2004 (c. 20), ss. 197, 198(2), Sch. 23 Pt. 1 ; S.I. 2005/877, art. 2(1) , Sch. 1 Table
F21	S. 6(4) repealed (1.4.2005) by Energy Act 2004 (c. 20), ss. 197, 198(2), Sch. 23 Pt. 1 ; S.I. 2005/877, art. 2(1) , Sch. 1 Table

Part I—supplementary

— (1) The following enactments shall cease to have effect—

(a)

section 8 of the M5 Vagrancy Act 1824;

(b)

section 66 of the M6 Metropolitan Police Act 1839;

(c)

section 11 of the M7 Canals (Offences) Act 1840;

(d)

section 19 of the M8 Pedlars Act 1871;

(e)

section 33 of the M9 County of Merseyside Act 1980; and

(f)

section 42 of the M10 West Midlands County Council Act 1980.

(2) There shall also cease to have effect—

(a)

so much of any enactment contained in an Act passed before 1974, other than—

(i) an enactment contained in public general Act; or

(ii) an enactment relating to statutory undertakers,

as confers power on a constable to search for stolen or unlawfully obtained goods; and

(b)

so much of any enactment relating to statutory undertakers as provides that such a power shall not be exercisable after the end of a specified period.

(3) In this Part of this Act “statutory undertakers” means persons authorised by any enactment to carry on any railway, light railway, road transport, water transport, canal, inland navigation, dock or harbour undertaking.

Annotations:
Marginal Citations
M5	1824 c. 83.
M6	1839 c. 47.
M7	1840 c. 50.
M8	1871 c. 96.
M9	1980 c. x.
M10	1980 c. xi.

Part II

Powers of Entry, Search and Seizure

Annotations:
Modifications etc. (not altering text)
C9	Pt. II (ss. 8-23) extended (10.6.1991) by Criminal Justice (International Co-operation) Act 1990 (c. 5, SIF 39:1), s. 7(1); S.I. 1991/1072, art. 2 Sch. Pt. I Pt. II (ss. 8-23) applied (with modifications) (17.5.1996) by S.I. 1996/1296, art. 16(1) Pt. II (ss. 8-23) amended (17.5.1996) by S.I. 1996/1296, art. 16(7)(b) Pt. II (ss. 8-23) applied (with modifications) (15.3.1996) by S.I. 1996/716, art. 16(1) Pt. II (ss. 8-23) modified (1.9.2001) by 2001 c. 17, s. 33; S.I. 2001/2161, art. 2 (subject to art. 3) Pt. II (ss. 8-23): Powers of seizure extended (1.4.2003) by 2001 c. 16, ss. 50, 52-54, 68, Sch. 1 Pt. 1 para 1; S.I. 2003/708, art. 2(a)(j)
C10	Pt. II (ss. 8-23) amended (26.4.2004) by Crime (International Co-operation) Act 2003 (c. 32), ss. 16(1) , 94; S.I. 2004/786, art. 3(2)
C11	Pt. II incorporated (16.5.2008) by The London Gateway Port Harbour Empowerment Order 2008 (S.I. 2008/1261), art. 52

Search warrants

Power of justice of the peace to authorise entry and search of premises.

— (1) If on an application made by a constable a justice of the peace is satisfied that there are reasonable grounds for believing—

(a)

that [F22 an indictable offence] has been committed; and

(b)

that there is material on premises [F23 mentioned in subsection (1A) below] which is likely to be of substantial value (whether by itself or together with other material) to the investigation of the offence; and

(c)

that the material is likely to be relevant evidence; and

(d)

that it does not consist of or include items subject to legal privilege, excluded material or special procedure material; and

(e)

that any of the conditions specified in subsection (3) below applies,

he may issue a warrant authorising a constable to enter and search the premises [F24 in relation to each set of premises specified in the application] .

[F25 (1A) The premises referred to in subsection (1)(b) above are—

(a)

one or more sets of premises specified in the application (in which case the application is for a “specific premises warrant”); or

(b)

any premises occupied or controlled by a person specified in the application, including such sets of premises as are so specified (in which case the application is for an “all premises warrant”).

(1B) If the application is for an all premises warrant, the justice of the peace must also be satisfied—

(a)

that because of the particulars of the offence referred to in paragraph (a) of subsection (1) above, there are reasonable grounds for believing that it is necessary to search premises occupied or controlled by the person in question which are not specified in the application in order to find the material referred to in paragraph (b) of that subsection; and

(b)

that it is not reasonably practicable to specify in the application all the premises which he occupies or controls and which might need to be searched.]

[ F26 (1C) The warrant may authorise entry to and search of premises on more than one occasion if, on the application, the justice of the peace is satisfied that it is necessary to authorise multiple entries in order to achieve the purpose for which he issues the warrant.

(1D) If it authorises multiple entries, the number of entries authorised may be unlimited, or limited to a maximum.]

(2) A constable may seize and retain anything for which a search has been authorised under subsection (1) above.

(3) The conditions mentioned in subsection (1)(e) above are—

(a)

that it is not practicable to communicate with any person entitled to grant entry to the premises;

(b)

that it is practicable to communicate with a person entitled to grant entry to the premises but it is not practicable to communicate with any person entitled to grant access to the evidence;

(c)

that entry to the premises will not be granted unless a warrant is produced;

(d)

that the purpose of a search may be frustrated or seriously prejudiced unless a constable arriving at the premises can secure immediate entry to them.

(4) In this Act “relevant evidence”, in relation to an offence, means anything that would be admissible in evidence at a trial for the offence.

(5) The power to issue a warrant conferred by this section is in addition to any such power otherwise conferred.

[F27 (6) This section applies in relation to a relevant offence (as defined in section 28D(4) of the Immigration Act 1971) as it applies in relation to [F22 an indictable offence] .

[F28 (7) Section 4 of the Summary Jurisdiction (Process) Act 1881 (execution of process of English courts in Scotland) shall apply to a warrant issued on the application of an officer of Revenue and Customs under this section by virtue of section 114 below.]]

Annotations:
Amendments (Textual)
F22	Words in s. 8 substituted (1.1.2006) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 111, 178, Sch. 7 Pt. 3 para. 43(3) ; S.I. 2005/3495, art. 2(1)(m)
F23	Words in s. 8(1)(b) substituted (1.1.2006) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 113(3)(a) , 178; S.I. 2005/3495, art. 2(1)(n)
F24	Words in s. 8(1)(e) added (1.1.2006) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 113(3)(b) , 178; S.I. 2005/3495, art. 2(1)(n)
F25	S. 8(1A)(1B) inserted (1.1.2006) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 113(4) , 178; S.I. 2005/3495, art. 2(1)(n)
F26	S. 8(1C)(1D) inserted (1.1.2006) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 114(2) , 178; S.I. 2005/3495, art. 2(1)(n)
F27	S. 8(6) inserted (14.2.2000) by 1999 c. 33. s. 169(1), Sch. 14 para. 80(2); S.I. 2000/168, art. 2, Sch.
F28	S. 8(7) inserted (19.7.2007) by Finance Act 2007 (c. 11), s. 86
Modifications etc. (not altering text)
C12	Ss. 8, 9, 15, 16, 17(1)(b(2) (4), 18–20, 21, 22(1)–(4), 28, 29, 30(1)–(4)(a)(5)–(11), 31, 32(1)–(9), 34(1)–(5), 35, 36, 37, 39, 40–44, 50, 51(d), 52, 54, 55, 64(1)–(4)(5)(6), Sch. 1 applied with modifications by S.I. 1985/1800, arts. 3–11, Schs. 1, 2
C13	S. 8 extended (10.6.1991) by Criminal Justice (International Co-operation) Act 1990 (c. 5, SIF 39:1), s. 7(1); S.I. 1991/1072, art. 2, Sch. Pt. I S. 8 amended (1.10.1996) by 1996 c. 49, s. 7(3)(a)(4); S.I. 1996/2053, art. 2, Sch. Pt.III S. 8 extended (1.10.1997) by 1997 c. 43, ss. 18(3), 41, Sch. 1 para. 10(4); S.I. 1997/2200, art. 2(g) (with art. 5) S. 8 extended (2.12.2002 ) by Police Reform Act 2002 (c. 30), s. 38, Sch. 4 Pt. 2 para. 16(a) ; S.I. 2002/2750, art. 2(a)(ii)(d)
C14	S. 8(2) modified (1.4.2003) by 2001 c. 16, ss. 55, 68, Sch. 1 Pt. 3 para. 84 (with s. 57(3)); S.I. 2003/708, art. 2(a)(c)(j)
C15	S. 8(2) extended (2.12.2002) by Police Reform act 2002 (c. 30), s. 38, Sch. 4 Pt. 2 para. 16(c) ; S.I. 2002/2750, art. 2(a)(ii)(d)

Special provisions as to access.

— (1) A constable may obtain access to excluded material or special procedure material for the purposes of a criminal investigation by making an application under Schedule 1 below and in accordance with that Schedule.

(2) Any Act (including a local Act) passed before this Act under which a search of premises for the purposes of a criminal investigation could be authorised by the issue of a warrant to a constable shall cease to have effect so far as it relates to the authorisation of searches—

(a)

for items subject to legal privilege; or

(b)

for excluded material; or

(c)

for special procedure material consisting of documents or records other than documents.

[F29 (2A) Section 4 of the Summary Jurisdiction (Process) Act 1881 (c. 24)(which includes provision for the execution of process of English courts in Scotland) and section 29 of the Petty Sessions (Ireland) Act 1851 (c. 93)(which makes equivalent provision for execution in Northern Ireland) shall each apply to any process issued by a [F30 judge] under Schedule 1 to this Act as it applies to process issued by a magistrates’ court under the Magistrates’ Courts Act 1980 (c. 43).]

Annotations:
Amendments (Textual)
F29	S. 9(2A) inserted (1.8.2001) by 2001 c. 16, s. 86(1); S.I. 2001/2223, art. 3(e)
F30	Word in s. 9(2A) substituted (1.4.2005) by Courts Act 2003 (c. 39), ss. 65, 110, Sch. 4 para. 5 ; S.I. 2005/910, art. 3(u)
Modifications etc. (not altering text)
C16	Ss. 8, 9, 15, 16, 17(1)(b)(2) (4), 18-20, 21, 22(1)-(4), 28, 29, 30(1)-(4)(a)(5)-(11), 31, 32(1)-(9), 34(1)-(5), 35, 36, 37, 39, 40-44, 50, 51(d), 52, 54, 55, 64(1)-(4)(5)(6), Sch. 1 applied with modifications by S.I. 1985/1800, arts. 3-11, Schs. 1, 2
C17	S. 9(1) extended (2.12.2002) by Police Reform Act 2002 (c. 30), s. 38, Sch. 4 Pt. 2 para. 17(a) ; S.I. 2002/2750, art. 2(a)(ii)(d)
C18	S. 9(2) extended by Cinemas Act 1985 (c. 13, SIF 45A), s. 13(8)

10.

Meaning of “items subject to legal privilege”.

— (1) Subject to subsection (2) below, in this Act “items subject to legal privilege” means—

(a)

communications between a professional legal adviser and his client or any person representing his client made in connection with the giving of legal advice to the client;

(b)

communications between a professional legal adviser and his client or any person representing his client or between such an adviser or his client or any such representative and any other person made in connection with or in contemplation of legal proceedings and for the purposes of such proceedings; and

(c)

items enclosed with or referred to in such communications and made—

(i) in connection with the giving of legal advice; or

(ii) in connection with or in contemplation of legal proceedings and for the purposes of such proceedings,

when they are in the possession of a person who is entitled to possession of them.

(2) Items held with the intention of furthering a criminal purpose are not items subject to legal privilege.

11.

Meaning of “excluded material”.

— (1) Subject to the following provisions of this section, in this Act “excluded material” means—

(a)

personal records which a person has acquired or created in the course of any trade, business, profession or other occupation or for the purposes of any paid or unpaid office and which he holds in confidence;

(b)

human tissue or tissue fluid which has been taken for the purposes of diagnosis or medical treatment and which a person holds in confidence;

(c)

journalistic material which a person holds in confidence and which consists—

(i) of documents; or

(ii) of records other than documents.

(2) A person holds material other than journalistic material in confidence for the purposes of this section if he holds it subject—

(a)

to an express or implied undertaking to hold it in confidence; or

(b)

to a restriction on disclosure or an obligation of secrecy contained in any enactment, including an enactment contained in an Act passed after this Act.

(3) A person holds journalistic material in confidence for the purposes of this section if—

(a)

he holds it subject to such an undertaking, restriction or obligation; and

(b)

it has been continuously held (by one or more persons) subject to such an undertaking, restriction or obligation since it was first acquired or created for the purposes of journalism.

12.

Meaning of “personal records”.

In this Part of this Act “personal records” means documentary and other records concerning an individual (whether living or dead) who can be identified from them and relating—

(a)

to his physical or mental health;

(b)

to spiritual counselling or assistance given or to be given to him; or

(c)

to counselling or assistance given or to be given to him, for the purposes of his personal welfare, by any voluntary organisation or by any individual who—

(i) by reason of his office or occupation has responsibilities for his personal welfare; or

(ii) by reason of an order of a court has responsibilities for his supervision.

13.

Meaning of “journalistic material”.

— (1) Subject to subsection (2) below, in this Act “journalistic material” means material acquired or created for the purposes of journalism.

(2) Material is only journalistic material for the purposes of this Act if it is in the possession of a person who acquired or created it for the purposes of journalism.

(3) A person who receives material from someone who intends that the recipient shall use it for the purposes of journalism is to be taken to have acquired it for those purposes.

14.

Meaning of “special procedure material”.

— (1) In this Act “special procedure material” means—

(a)

material to which subsection (2) below applies; and

(b)

journalistic material, other than excluded material.

(2) Subject to the following provisions of this section, this subsection applies to material, other than items subject to legal privilege and excluded material, in the possession of a person who—

(a)

acquired or created it in the course of any trade, business, profession or other occupation or for the purpose of any paid or unpaid office; and

(b)

holds it subject—

(i) to an express or implied undertaking to hold it in confidence; or

(ii) to a restriction or obligation such as is mentioned in section 11(2)(b) above.

(3) Where material is acquired—

(a)

by an employee from his employer and in the course of his employment; or

(b)

by a company from an associated company,

it is only special procedure material if it was special procedure material immediately before the acquisition.

(4) Where material is created by an employee in the course of his employment, it is only special procedure material if it would have been special procedure material had his employer created it.

(5) Where material is created by a company on behalf of an associated company, it is only special procedure material if it would have been special procedure material had the associated company created it.

(6) A company is to be treated as another’s associated company for the purposes of this section if it would be so treated under section 302 of the M11 Income and Corporation Taxes Act 1970.

Annotations:
Marginal Citations
M11	1970 c. 10.

15.

Search warrants—safeguards.

— (1) This section and section 16 below have effect in relation to the issue to constables under any enactment, including an enactment contained in an Act passed after this Act, of warrants to enter and search premises; and an entry on or search of premises under a warrant is unlawful unless it complies with this section and section 16 below.

(2) Where a constable applies for any such warrant, it shall be his duty—

(a)

to state—

(i) the ground on which he makes the application; F31 ...

(ii) the enactment under which the warrant would be issued; [F32 and]

[F33 (iii) if the application is for a warrant authorising entry and search on more than one occasion, the ground on which he applies for such a warrant, and whether he seeks a warrant authorising an unlimited number of entries, or (if not) the maximum number of entries desired;]

[F34 (b)

to specify the matters set out in subsection (2A) below; and]

(c)

to identify, so far as is practicable, the articles or persons to be sought.

[F35 (2A) The matters which must be specified pursuant to subsection (2)(b) above are—

[F36 (a)

if the application relates to one or more sets of premises specified in the application, each set of premises which it is desired to enter and search;]

(b)

[F37 if the application relates to any premises occupied or controlled by a person specified in the application–]

(i) as many sets of premises which it is desired to enter and search as it is reasonably practicable to specify;

(ii) the person who is in occupation or control of those premises and any others which it is desired to enter and search;

(iii) why it is necessary to search more premises than those specified under sub-paragraph (i); and

(iv) why it is not reasonably practicable to specify all the premises which it is desired to enter and search.]

(3) An application for such a warrant shall be made ex parte and supported by an information in writing.

(4) The constable shall answer on oath any question that the justice of the peace or judge hearing the application asks him.

(5) A warrant shall authorise an entry on one occasion only [F38 unless it specifies that it authorises multiple entries].

[F39 (5A) If it specifies that it authorises multiple entries, it must also specify whether the number of entries authorised is unlimited, or limited to a specified maximum.]

(6) A warrant—

(a)

shall specify—

(i) the name of the person who applies for it;

(ii) the date on which it is issued;

(iii) the enactment under which it is issued; and

[F40 (iv) each set of premises to be searched, or (in the case of an all premises warrant) the person who is in occupation or control of premises to be searched, together with any premises under his occupation or control which can be specified and which are to be searched; and]

(b)

shall identify, so far as is practicable, the articles or persons to be sought.

[ F41 (7) Two copies shall be made of a [F42 warrant] which specifies only one set of premises and does not authorise multiple entries; and as many copies as are reasonably required may be made of any other kind of warrant.]

(8) The copies shall be clearly certified as copies.

Annotations:
Amendments (Textual)
F31	Word in s. 15(2)(a)(i) repealed (1.1.2006) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 114(4)(a), 174(2), 178, Sch. 17 Pt. 2 ; S.I. 2005/3495, art. 2(1)(n)(t)(u)(xxiv)
F32	Word in s. 15(2)(a)(ii) inserted (1.1.2006) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 114(4)(b) , 178; S.I. 2005/3495, art. 2(1)(n)
F33	S. 15(2)(a)(iii) inserted (1.1.2006) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 114(4)(c) , 178; S.I. 2005/3495, art. 2(1)(n)
F34	S. 15(2)(b) substituted (1.1.2006) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 113(6) , 178; S.I. 2005/3495, art. 2(1)(n)
F35	S. 15(2A) inserted (1.1.2006) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 113(7) , 178; S.I. 2005/3495, art. 2(1)(n)
F36	S. 15(2A)(a) substituted (1.1.2006) by The Serious Organised Crime and Police Act 2005 (Amendment) Order 2005 (S.I. 2005/3496), art. 7(2)(a)
F37	Words in s. 15(2A)(b) substituted (1.1.2006) by The Serious Organised Crime and Police Act 2005 (Amendment) Order 2005 (S.I. 2005/3496), art. 7(2)(b)
F38	Words in s. 15(5) inserted (1.1.2006) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 114(5) , 178; S.I. 2005/3495, art. 2(1)(n)
F39	S. 15(5A) inserted (1.1.2006) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 114(6) , 178; S.I. 2005/3495, art. 2(1)(n)
F40	S. 15(6)(a)(iv) substituted (1.1.2006) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 113(8) ; S.I. 2005/3495, art. 2(1)(n)
F41	S. 15(7) substituted (1.1.2006) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 114(7) , 178; S.I. 2005/3495, art. 2(1)(n)
F42	Words in s. 15(7) substituted (1.1.2006) by The Serious Organised Crime and Police Act 2005 (Amendment) Order 2005 (S.I. 2005/3496), art. 7(3)
Modifications etc. (not altering text)
C19	Ss. 8, 9, 15, 16, 17(1)(b) (2) (4), 18-20, 21, 22(1)-(4), 28, 29, 30(1)-(4)(a)(5)-(11), 31, 32(1)-(9), 34(1)-(5), 35, 36, 37, 39, 40-44, 50, 51(d), 52, 54, 55, 64(1)-(4)(5)(6), Sch. 1 applied with modifications by S.I. 1985/1800, arts. 3-11, Schs. 1, 2
C20	S. 15: power to apply (with modifications) conferred (24.2.2003) by Proceeds of Crime Act 2002 (c. 29), ss. 355(1)-(3)(a) , 458; S.I. 2003/120, art. 2 , Sch. (subject to transitional provisions and savings in arts. 3-7 (as amended by S.I. 2003/333, art. 14 which in turn is amended by S.I. 2003/531, arts. 3, 4))
C21	S. 15 modified (2.12.2002) Police Reform Act 2002 (c. 30), s. 38, Sch. 4 Pt. 2 para. 16(d) ; S.I. 2002/2750, art. 2(a)(ii)(d) S. 15 modified (20.1.2004) by Police Reform Act 2002 (c. 30), ss. 38, 108, Sch. 4 para. 17(bb) (as inserted by Criminal Justice Act 2003 (c. 44), Sch. 1 para. 17 ); S.I. 2004/81, art. 2(1)(2)(a) S. 15 modified (27.3.2007 for W. and 6.4.2007 for E.) by Animal Welfare Act 2006 (c. 45), ss. 53, 68, Sch. 2 para. 1(1) (with ss. 1(2), 58(1), 59, 60); S.I. 2007/1030, art. 2(1)(g) ; S.I. 2007/499, art. 2(2)(i) S. 15 modified (21.8.2007) by The Offshore Marine Conservation (Natural Habitats, &c.) Regulations 2007 (S.I. 2007/1842), reg. 53(6) (with reg. 3)
C22	S. 15 applied (with modifications) (24.2.2003) by The Proceeds of Crime Act 2002 (Application of Police and Criminal Evidence Act 1984 and Police and Criminal Evidence (Northern Ireland) Order 1989) Order 2003 (S.I. 2003/174), arts. 2 , 10, Sch. 1
C23	S. 15 applied (25.7.2003) by The Advanced Television Services Regulations 2003 (S.I. 2003/1901), reg. 8, Sch. para. 12
C24	S. 15(5)-(8) applied (3.9.2001) by 2000 c. 8, s. 176(6); S.I. 2001/2632, art. 2, Sch. 1 Pt. 2

16.

Execution of warrants.

— (1) A warrant to enter and search premises may be executed by any constable.

(2) Such a warrant may authorise persons to accompany any constable who is executing it.

[F43 (2A) A person so authorised has the same powers as the constable whom he accompanies in respect of—

(a)

the execution of the warrant, and

(b)

the seizure of anything to which the warrant relates.

(2B) But he may exercise those powers only in the company, and under the supervision, of a constable.]

(3) Entry and search under a warrant must be within [F44 three months] from the date of its issue.

[F45 (3A) If the warrant is an all premises warrant, no premises which are not specified in it may be entered or searched unless a police officer of at least the rank of inspector has in writing authorised them to be entered.]

[ F46 (3B) No premises may be entered or searched for the second or any subsequent time under a warrant which authorises multiple entries unless a police officer of at least the rank of inspector has in writing authorised that entry to those premises.]

(4) Entry and search under a warrant must be at a reasonable hour unless it appears to the constable executing it that the purpose of a search may be frustrated on an entry at a reasonable hour.

(5) Where the occupier of premises which are to be entered and searched is present at the time when a constable seeks to execute a warrant to enter and search them, the constable—

(a)

shall identify himself to the occupier and, if not in uniform, shall produce to him documentary evidence that he is a constable;

(b)

shall produce the warrant to him; and

(c)

shall supply him with a copy of it.

(6) Where—

(a)

the occupier of such premises is not present at the time when a constable seeks to execute such a warrant; but

(b)

some other person who appears to the constable to be in charge of the premises is present,

subsection (5) above shall have effect as if any reference to the occupier were a reference to that other person.

(7) If there is no person who appears to the constable to be in charge of the premises, he shall leave a copy of the warrant in a prominent place on the premises.

(8) A search under a warrant may only be a search to the extent required for the purpose for which the warrant was issued.

(9) A constable executing a warrant shall make an endorsement on it stating—

(a)

whether the articles or persons sought were found; and

(b)

whether any articles were seized, other than articles which were sought

[F47 and, unless the warrant is a F48 ... warrant specifying one set of premises only, he shall do so separately in respect of each set of premises entered and searched, which he shall in each case state in the endorsement.]

[F49 (10) A warrant shall be returned to the appropriate person mentioned in subsection (10A) below—

(a)

when it has been executed; or

(b)

in the case of a specific premises warrant which has not been executed, or an all premises warrant, or any warrant authorising multiple entries, upon the expiry of the period of three months referred to in subsection (3) above or sooner.

(10A) The appropriate person is—

(a)

if the warrant was issued by a justice of the peace, the designated officer for the local justice area in which the justice was acting when he issued the warrant;

(b)

if it was issued by a judge, the appropriate officer of the court from which he issued it.]

(11) A warrant which is returned under subsection (10) above shall be retained for 12 months from its return—

(a)

by the [F50 designated officer for the local justice area] , if it was returned under paragraph (i) of that subsection; and

(b)

by the appropriate officer, if it was returned under paragraph (ii).

(12) If during the period for which a warrant is to be retained the occupier of [F51 premises] to which it relates asks to inspect it, he shall be allowed to do so.

Annotations:
Amendments (Textual)
F43	S. 16(2A)(2B) inserted (20.1.2004) by Criminal Justice Act 2003 (c. 44), ss. 2 , 336; S.I. 2004/81, art. 2(1)(2)(a)
F44	Words in s. 16(3) substituted (1.1.2006) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 114(8)(a) , 178; S.I. 2005/3495, art. 2(1)(n)
F45	S. 16(3A) inserted (1.1.2006) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 113(9)(a) , 178; S.I. 2005/3495, art. 2(1)(n)
F46	S. 16(3B) inserted (1.1.2006) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 114(8)(b) , 178; S.I. 2005/3495, art. 2(1)(n)
F47	Words in s. 16(9) added (1.1.2006) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 113(9)(b) , 178; S.I. 2005/3495, art. 2(1)(n)
F48	Words in s. 16(9) omitted (1.1.2006) by virtue of The Serious Organised Crime and Police Act 2005 (Amendment) Order 2005 (S.I. 2005/3496), art. 8
F49	S. 16(10)(10A) substituted for s. 16(10) (1.1.2006) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 114(8)(c) , 178; S.I. 2005/3495, art. 2(1)(n)
F50	Words in s. 16(11) substituted (1.4.2005) by Courts Act 2003 (c. 39), ss. 109(1), 110, Sch. 8 para. 281(3) ; S.I. 2005/910, art. 3(y)
F51	Words in s. 16(12) substituted (1.1.2006) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 113(9)(c) , 178; S.I. 2005/3495, art. 2(1)(n)
Modifications etc. (not altering text)
C25	Ss. 8, 9, 15, 16, 17(1)(b) (2) (4), 18-20, 21, 22(1)-(4), 28, 29, 30(1)-(4)(a) (5)-(11), 31, 32(1)-(9), 34(1)-(5), 35, 36, 37, 39, 40-44, 50, 51(d), 52, 54, 55, 64(1)-(4)(5)(6), Sch. 1 applied with modifications by S.I. 1985/1800, arts. 3-11, Schs. 1, 2
C26	S. 16 applied (3.9.2001) by 2000 c. 8, s. 176(6); S.I. 2001/2632, art. 2, Sch. 1 Pt. 2 S. 16 applied (25.7.2003) by The Advanced Television Services Regulations 2003 (S.I. 2003/1901), reg. 8, Sch. para. 12
C27	S. 16: power to apply (with modifications) conferred (24.2.2003) by Proceeds of Crime Act 2002 (c. 29), ss. 355(1)(2)(3)(b) , 458; S.I. 2003/120, art. 2 , Sch. (subject to transitional provisions and savings in arts. 3-7 (as amended by S.I. 2003/333, art. 14 which in turn is amended by S.I. 2003/531, arts. 3, 4))
C28	S. 16 modified (2.12.2002) by Police Reform Act 2002 (c. 30), s. 38, Sch. 4 Pt. 2 para. 16(e) ; S.I. 2002/2750, art. 2(a)(ii)(d) S. 16 modified (20.1.2004) by Police Reform Act 2002 (c. 30), ss. 38, 108, Sch. 4 para. 17(bc) (as inserted by Criminal Justice Act 2003 (c. 44), ss. 12, 336, Sch. 1 para. 17 ); S.I. 2004/81, art. 2(1)(2)(a) S. 16 modified (27.3.2007 for W. and 6.4.2007 for E.) by Animal Welfare Act 2006 (c. 45), ss. 53, 68, Sch. 2 para. 1(1) (with ss. 1(2), 58(1), 59, 60); S.I. 2007/1030, art. 2(1)(g) ; S.I. 2007/499, art. 2(2)(i) S. 16 modified (21.8.2007) by The Offshore Marine Conservation (Natural Habitats, &c.) Regulations 2007 (S.I. 2007/1842), reg. 53(6) (with reg. 3)
C29	S. 16 applied (with modifications) (24.2.2003) by The Proceeds of Crime Act 2002 (Application of Police and Criminal Evidence Act 1984 and Police and Criminal Evidence (Northern Ireland) Order 1989) Order 2003 (S.I. 2003/174), arts. 3 , 10, Sch. 1

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 M12 Magistrates’ Courts Act 1980;

(b)

of arresting a person for an [F52 indictable] offence;

(c)

of arresting a person for an offence under—

(i) section 1 (prohibition of uniforms in connection with political objects), . . . F53 of the M13 Public Order Act 1936;

(ii) any enactment contained in sections 6 to 8 or 10 of the M14 Criminal Law Act 1977 (offences relating to entering and remaining on property);

[F54 (iii) section 4 of the Public Order Act 1986 (fear or provocation of violence);]

[F55 (iiia) section 4 (driving etc. when under influence of drink or drugs) or 163 (failure to stop when required to do so by constable in uniform) of the Road Traffic Act 1988;

(iiib) section 27 of the Transport and Works Act 1992 (which relates to offences involving drink or drugs);]

[ F56 (iv) section 76 of the Criminal Justice and Public Order Act 1994 (failure to comply with interim possession order);]

[ F57 (v) any of sections 4, 5, 6(1) and (2), 7 and 8(1) and (2) of the Animal Welfare Act 2006 (offences relating to the prevention of harm to animals);]

[F58 (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;

[F59 (caa)

of arresting a person for an offence to which section 61 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 [F60 section 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 [F61 any 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) [F62 or (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.

Annotations:
Amendments (Textual)
F52	Word in s. 17(1)(b) substituted (1.1.2006) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 111, 178, Sch. 7 Pt. 3 para. 43(4) ; S.I. 2005/3495, art. 2(1)(m)
F53	Words repealed by Public Order Act 1986 (c. 64, SIF 39:2), s. 40(2)(3), Sch. 2 para. 7, Sch. 3
F54	S.17(1)(c)(iii) inserted by Public Order Act 1986 (c. 64, SIF 39:2), s. 40(2), Sch. 2 para. 7
F55	S. 17(1)(c)(iiia)(iiib) substituted for s. 17(1)(c)(iiia) (1.1.2006) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 111, 178, Sch. 7 Pt. 4 para. 58(a) ; S.I. 2005/3495, art. 2(1)(m)
F56	S. 17(1)(c)(iv) inserted (24.8.1995) by 1994 c. 33, s. 168(2), Sch. 10 para. 53(a); S.I. 1995/1957, art. 3
F57	S. 17(1)(c)(v) inserted (27.3.2007 for W. and 6.4.2007 for E.) by Animal Welfare Act 2006 (c. 45), ss. 24 , 68 (with ss. 1(2), 58(1), 59, 60); S.I. 2007/1030, art. 2(2)(g) ; S.I. 2007/499, art. 2(2)(g)
F58	S. 17(1)(ca)(cb) inserted (5.9.1995) by 1995 c. 16, s. 2(1); S.I. 1995/2021, art. 2
F59	S. 17(1)(caa) inserted (1.1.2006) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 111, 178, Sch. 7 Pt. 4 para. 58(b) ; S.I. 2005/3495, art. 2(1)(m)
F60	Words in s. 17(1)(cb) substituted (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 9 para. 95
F61	Words in s. 17(1)(d) substituted (5.9.1995) by 1995 c. 16, s. 2(1); S.I. 1995/2021, art. 2
F62	Words in s. 17(3) inserted (24.8.1995) by 1994 c. 33, s. 168(2), Sch. 10 para. 53(b); S.I. 1995/1957, art. 3
Modifications etc. (not altering text)
C30	S. 17 extended (2.12.2002) Police Reform Act 2002 (c. 30), s. 38, Sch. 4 Pt. 1 para. 8 ; S.I. 2002/2750, art. 2(a)(ii)(d)
C31	Ss. 8, 9, 15, 16, 17(1)(b(2) (4), 18–20, 21, 22(1)–(4), 28, 29, 30(1)–(4)(a)(5)–(11), 31, 32(1)–(9), 34(1)–(5), 35, 36, 37, 39, 40–44, 50, 51(d), 52, 54, 55, 64(1)–(4)(5)(6), Sch. 1 applied with modifications by S.I. 1985/1800, arts. 3–11, Schs. 1, 2
Marginal Citations
M12	1980 c. 43.
M13	1936 c. 6.
M14	1977 c. 45.

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 [F63 indictable] 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 [F63 indictable] 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.

[F64 (5) A constable may conduct a search under subsection (1)—

(a)

before the person is taken to a 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.]

(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.

Annotations:
Amendments (Textual)
F63	Words in s. 18(1) substituted (1.1.2006) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 111, 178, Sch. 7 Pt. 3 para. 43(5) ; S.I. 2005/3495, art. 2(1)(m)
F64	S. 18(5)(5A) substituted for s. 18(5) (20.1.2004) by Criminal Justice Act 2003 (c. 44), ss. 12, 336, Sch. 1 para. 2 ; S.I. 2004/81, art. 2(1)(2)(a)
Modifications etc. (not altering text)
C32	Ss. 8, 9, 15, 16, 17(1)(b(2) (4), 18–20, 21, 22(1)–(4), 28, 29, 30(1)–(4)(a)(5)–(11), 31, 32(1)–(9), 34(1)–(5), 35, 36, 37, 39, 40–44, 50, 51(d), 52, 54, 55, 64(1)–(4)(5)(6), Sch. 1 applied with modifications by S.I. 1985/1800, arts. 3–11, Schs. 1, 2
C33	S. 18 extended (2.12.2002) by Police Reform Act 2002 (c. 30), s. 38, Sch. 4 Pt. 2 para. 18(a) ; S.I. 2002/2750, art. 2(a)(ii)(d)
C34	S. 18(6) modified (2.12.2002) by Police Reform Act 2002 (c. 30), s. 38, Sch. 4 Pt. 2 para. 18(b) ; S.I. 2002/2750, art. 2(a)(ii)(d)

Seizure etc.

19.

General power of seizure etc.

— (1) The powers conferred by subsections (2), (3) and (4) below are exercisable by a constable who is lawfully on any premises.

(2) The constable may seize anything which is on the premises if he has 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 if he has reasonable grounds for believing—

(a)

that it is evidence in relation to an offence which he is 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.

(4) The constable may require any information which is [F65 stored in any electronic form] and is accessible from the premises to be produced in a form in which it can be taken away and in which it is visible and legible [F66 or from which it can readily be produced in a visible and legible form]if he has reasonable grounds for believing—

(a)

that—

(i) it is evidence in relation to an offence which he is investigating or any other offence; or

(ii) it has been obtained in consequence of the commission of an offence; and

(b)

that it is necessary to do so in order to prevent it being concealed, lost, tampered with or destroyed.

(5) The powers conferred by this section are in addition to any power otherwise conferred.

(6) No power of seizure conferred on a constable under any enactment (including an enactment contained in an Act passed after this Act) is to be taken to authorise the seizure of an item which the constable exercising the power has reasonable grounds for believing to be subject to legal privilege.

Annotations:
Amendments (Textual)
F65	Words in s. 19(4) substituted (1.4.2003) by 2001 c. 16, ss. 70, 138(2) Sch. 2 Pt. II para. 13(1)(a)(2)(a); S.I. 2003/708, art. 2(k)
F66	Words in s. 19(4) inserted (1.4.2003) by 2001 c. 16, ss. 70, 138(2), Sch. 2 Pt. II para 13(1)(b)(2)(a); S.I. 2003/708, art. 2(k)
Modifications etc. (not altering text)
C35	Ss. 8, 9, 15, 16, 17(1)(b)(2) (4), 18-20, 21, 22(1)-(4), 28, 29, 30(1)-(4)(a)(5)-(11), 31, 32(1)-(9), 34(1)-(5), 35, 36, 37, 39, 40-44, 50, 51(d), 52, 54, 55, 64(1)-(4)(5)(6), Sch. 1 applied with modifications by S.I. 1985/1800, arts. 3-11, Schs. 1, 2
C36	S. 19 extended (2.12.2002) by Police Reform Act 2002 (c. 30), s. 38, Sch. 4 Pt. 2 para. 19(a) ; S.I. 2002/2750, art. 2(a)(ii)(d)
C37	S. 19(4) modified (1.4.2003) by 2001 c. 16, ss. 63, 138(2); S.I. 2003/708, art. 2(a)
C38	S. 19(6) excluded (1.4.2003) by 2001 c. 16, ss. 50 (2)(4)-(6), 138(2); S.I. 2003/708, art. 2(a) S. 19(6) excluded (1.4.2003) by 2001 c.16, ss. 51(2)(4)(5), 138(2); S.I. 2003/708, art. 2(a)
C39	S. 19(6) modified (2.12.2002) by Police Reform Act 2002 (c. 30), s. 38, Sch. 4 Pt. 2 para. 16(f) ; S.I. 2002/2750, art. 2(a)(ii)(d) S. 19(6) modified (2.12.2002) by Police Reform Act 2002 (c. 30), s. 38, Sch. 4 Pt. 2 para. 17(c) ; S.I. 2002/2750, art. 2(a)(ii)(d) S. 19(6) modified (2.12.2002) by Police Reform Act 2002 (c. 30), s. 38, Sch. 4 Pt. 2 para. 18(c) ; S.I. 2002/2750, art. 2(a)(ii)(d) S. 19(6) modified (2.12.2002) by Police Reform Act 2002 (c. 30), s. 38, Sch. 4 Pt. 2 para. 19(c) ; S.I. 2002/2750, art. 2(a)(ii)(d)

20.

Extension of powers of seizure to computerised information.

— (1) Every power of seizure which is conferred by an enactment to which this section applies on a constable who has entered premises in the exercise of a power conferred by an enactment shall be construed as including a power to require any information [F67 stored in any electronic form] contained in a computer and accessible from the premises to be produced in a form in which it can be taken away and in which it is visible and legible [F68 or from which it can readily be produced in a visible and legible form].

(2) This section applies—

(a)

to any enactment contained in an Act passed before this Act;

(b)

to sections 8 and 18 above;

(c)

to paragraph 13 of Schedule 1 to this Act; and

(d)

to any enactment contained in an Act passed after this Act.

Annotations:
Amendments (Textual)
F67	Words in s. 20(1) substituted (1.4.2003) by 2001 c. 16, s. 70, Sch. 2 Pt. II para. 13(1)(a)(2)(a); S.I. 2003/708, art. 2(c)(k)
F68	Words in s. 20(1) inserted (1.4.2003) by 2001 c. 16, s. 70, Sch. 2 Pt. II para. 13(1)(b)(2)(a); S.I. 2003/708, art. 2(c)(k)
Modifications etc. (not altering text)
C40	Ss. 8, 9, 15, 16, 17(1)(b(2) (4), 18–20, 21, 22(1)–(4), 28, 29, 30(1)–(4)(a)(5)–(11), 31, 32(1)–(9), 34(1)–(5), 35, 36, 37, 39, 40–44, 50, 51(d), 52, 54, 55, 64(1)–(4)(5)(6), Sch. 1 applied with modifications by S.I. 1985/1800, arts. 3–11, Schs. 1, 2
C41	S. 20 modified (1.4.2003) by 2001 c. 16, ss. 63, 138(2); S.I. 2003/708, art. 2(a)
C42	S. 20 modified (2.12.2002) by Police Reform Act 2002 (c. 30), s. 38, Sch. 4 Pt. 2 para. 16(g) ; S.I. 2002/2750, art. 2(a)(ii)(d) S. 20 modified (2.12.2002) by Police Reform Act 2002 (c. 30), s. 38, Sch. 4 Pt. 2 para. 17(d) ; S.I. 2002/2750, art. 2(a)(ii)(d) S. 20 modified (2.12.2002) by Police Reform Act 2002 (c. 30), s. 38, Sch. 4 Pt. 2 para. 18(d) ; S.I. 2002/2750, art. 2(a)(ii)(d)
C43	S. 20 applied (with modifications) (1.4.2003) by The Proceeds of Crime Act 2002 (Investigations in different parts of the United Kingdom) Order 2003 (S.I. 2003/425), art. 5(9) S. 20 applied (with modifications) (1.4.2003) by The Proceeds of Crime Act 2002 (Investigations in different parts of the United Kingdom) Order 2003 (S.I. 2003/425), art. 6(6)
C44	S. 20 excluded (1.4.2003) by The Proceeds of Crime Act 2002 (Investigations in different parts of the United Kingdom) Order 2003 (S.I. 2003/425), art. 15(8) S. 20 excluded (1.4.2003) by The Proceeds of Crime Act 2002 (Investigations in different parts of the United Kingdom) Order 2003 (S.I. 2003/425), art. 25(7)
C45	S. 20 applied (25.7.2003) by The Advanced Television Services Regulations 2003 (S.I. 2003/1901), reg. 8, Sch. para. 12

21.

Access and copying.

— (1) A constable who seizes anything in the exercise of a power conferred by any enactment, including an enactment contained in an Act passed after this Act, shall, if so requested by a person showing himself—

(a)

to be the occupier of premises on which it was seized; or

(b)

to have had custody or control of it immediately before the seizure,

provide that person with a record of what he seized.

(2) The officer shall provide the record within a reasonable time from the making of the request for it.

(3) Subject to subsection (8) below, if a request for permission to be granted access to anything which—

(a)

has been seized by a constable; and

(b)

is retained by the police for the purpose of investigating an offence,

is made to the officer in charge of the investigation by a person who had custody or control of the thing immediately before it was so seized or by someone acting on behalf of such a person, the officer shall allow the person who made the request access to it under the supervision of a constable.

(4) Subject to subsection (8) below, if a request for a photograph or copy of any such thing is made to the officer in charge of the investigation by a person who had custody or control of the thing immediately before it was so seized, or by someone acting on behalf of such a person, the officer shall—

(a)

allow the person who made the request access to it under the supervision of a constable for the purpose of photographing or copying it; or

(b)

photograph or copy it, or cause it to be photographed or copied.

(5) A constable may also photograph or copy, or have photographed or copied, anything which he has power to seize, without a request being made under subsection (4) above.

(6) Where anything is photographed or copied under subsection (4)(b) above, the photograph or copy shall be supplied to the person who made the request.

(7) The photograph or copy shall be so supplied within a reasonable time from the making of the request.

(8) There is no duty under this section to grant access to, or to supply a photograph or copy of, anything if the officer in charge of the investigation for the purposes of which it was seized has reasonable grounds for believing that to do so would prejudice—

(a)

that investigation;

(b)

the investigation of an offence other than the offence for the purposes of investigating which the thing was seized; or

(c)

any criminal proceedings which may be brought as a result of—

(i) the investigation of which he is in charge; or

(ii) any such investigation as is mentioned in paragraph (b) above.

[F69 (9) The references to a constable in subsections (1), (2), (3)(a) and (5) include a person authorised under section 16(2) to accompany a constable executing a warrant.]

Annotations:
Amendments (Textual)
F69	S. 21(9) inserted (20.1.2004) by Criminal Justice Act 2003 (c. 44), ss. 12, 336, Sch. 1 para. 3 ; S.I. 2004/81, art. 2(1)(2)(a)
Modifications etc. (not altering text)
C46	Ss. 8, 9, 15, 16, 17(1)(b) (2) (4), 18-20, 21, 22(1)-(4), 28, 29, 30(1)-(4)(a) (5)-(11), 31, 32(1)-(9), 34(1)-(5), 35, 36, 37, 39, 40-44, 50, 51(d), 52, 54, 55, 64(1)-(4)(5)(6), Sch. 1 applied with modifications by S.I. 1985/1800, arts. 3-11, Schs. 1, 2
C47	Ss. 21, 22 amended by Drug Trafficking Offences Act 1986 (c. 32, SIF 39:1), s. 29(1) S. 21 modified: (3.2.1995) by 1994 c. 37, ss. 57(1), 69(2); (1.11.1995) by 1995 c. 11, s. 15(2) and S.I. 1995/2650, art.2 S. 21 modified (19.2.2001) by 2000 c. 11, s. 37, Sch. 5 para. 17; S.I. 2001/421, art. 2 S. 21 extended (1.11.1995) by 1988 c. 33, s. 93H (as inserted by 1995 c. 11, s.11; S.I. 1995/2650, art.2)
C48	S. 21 modified (1.9.2001) by S.I. 1996/716, art 17D (as inserted by S.I. 2001/2563, art. 2)
C49	S. 21 modified (1.9.2001) by 2001 c. 17, s. 37, Sch. 5 Pt. I para. 6(5); S.I. 2001/2161, art. 2 (subject to art. 3) S. 21 modified (2.12.2002) by 2002 c. 30, s. 38, Sch. 4 Pt. 2 para. 20 ; S.I. 2002/2750, art. 2(a)(ii)(d)
C50	S. 21: power to apply (with modifications) conferred (24.2.2003) by Proceeds of Crime Act 2002 (c. 29), ss. 355(1)(2)(3)(c) , 458(1)(3); S.I. 2003/120, art. 2 , Sch. (subject to transitional provisions and savings in arts. 3-7 (as amended by S.I. 2003/333, art. 14 which in turn is amended by S.I. 2003/531, arts. 3, 4))
C51	S. 21 applied (with modifications) (24.2.2003) by The Proceeds of Crime Act 2002 (Application of Police and Criminal Evidence Act 1984 and Police and Criminal Evidence (Northern Ireland) Order 1989) Order 2003 (S.I. 2003/174), arts. 4 , 10, Sch. 1
C52	S. 21 applied (25.7.2003) by The Advanced Television Services Regulations 2003 (S.I. 2003/1901), reg. 8, Sch. para. 12 (with reg. 2(2))
C53	S. 21 applied (31.3.2008) by UK Borders Act 2007 (c. 30), ss. 46(5) , 59; S.I. 2008/309, art. 3 (subject to art. 6)
C54	S. 21(1) modified (2.12.2002) by Police Reform Act 2002 (c. 30), s. 38, Sch. 4 Pt. 2 para. 16(h) ; S.I. 2002/2750, art. 2(a)(ii)(d) S. 21(1) modified (2.12.2002) by Police Reform Act 2002 (c. 30), s. 38, Sch. 4 Pt. 2 para. 17(e) ; S.I. 2002/2750, art. 2(a)(ii)(d) S. 21(1) modified (2.12.2002) by Police Reform Act 2002 (c. 30), s. 38, Sch. 4 Pt. 2 para. 18(e) ; S.I. 2002/2750, art. 2(a)(ii)(d) S. 21(1) modified (2.12.2002) by Police Reform Act 2002 (c. 30), s. 38, Sch. 4 Pt. 2 para. 19(d) ; S.I. 2002/2750, art. 2(a)(ii)(d)
C55	S. 21(3)-(8) modified (2.12.2002) by Police Reform Act 2002 (c. 30), s. 38, Sch. 4 Pt. 2 para. 16(i) ; S.I. 2002/2750, art. 2(a)(ii)(d) S. 21(3)-(8) modified (2.12.2002) by Police Reform Act 2002 (c. 30), s. 38, Sch. 4 Pt. 2 para. 17(f) ; S.I. 2002/2750, art. 2(a)(ii)(d) S. 21(3)-(8) modified (2.12.2002) by Police Reform Act 2002 (c. 30), s. 38, Sch. 4 Pt. 2 para. 18(f) ; S.I. 2002/2750, art. 2(a)(ii)(d) S. 21(3)-(8) modified (2.12.2002) by Police Reform Act 2002 (c. 30), s. 38, Sch. 4 Pt. 2 para. 19(e) ; S.I. 2002/2750, art. 2(a)(ii)(d)

22.

Retention.

— (1) Subject to subsection (4) below, anything which has been seized by a constable or taken away by a constable following a requirement made by virtue of section 19 or 20 above may be retained so long as is necessary in all the circumstances.

(2) Without prejudice to the generality of subsection (1) above—

(a)

anything seized for the purposes of a criminal investigation may be retained, except as provided by subsection (4) below—

(i) for use as evidence at a trial for an offence; or

(ii) for forensic examination or for investigation in connection with an offence; and

(b)

anything may be retained in order to establish its lawful owner, where there are reasonable grounds for believing that it has been obtained in consequence of the commission of an offence.

(3) Nothing seized on the ground that it may be used—

(a)

to cause physical injury to any person;

(b)

to damage property;

(c)

to interfere with evidence; or

(d)

to assist in escape from police detention or lawful custody,

may be retained when the person from whom it was seized is no longer in police detention or the custody of a court or is in the custody of a court but has been released on bail.

(4) Nothing may be retained for either of the purposes mentioned in subsection (2)(a) above if a photograph or copy would be sufficient for that purpose.

(5) Nothing in this section affects any power of a court to make an order under section 1 of the M15 Police (Property) Act 1897.

[F70 (6) This section also applies to anything retained by the police under section 28H(5) of the M16 Immigration Act 1971.]

[ F71 (7) The reference in subsection (1) to anything seized by a constable includes anything seized by a person authorised under section 16(2) to accompany a constable executing a warrant.]

Annotations:
Amendments (Textual)
F70	S. 22(6) inserted (14.2.2000) by 1999 c. 33, s. 169(1), Sch. 14 para. 80(3); S.I. 2000/168, art. 2, Sch.
F71	S. 22(7) inserted (20.1.2004) by Criminal Justice Act 2003 (c. 44), ss. 12, 336, Sch. 1 para. 4 ; S.I. 2004/81, art. 2(1)(2)(a)
Modifications etc. (not altering text)
C56	Ss. 21, 22 amended by Drug Trafficking Offences Act 1986 (c. 32, SIF 39:1), s. 29(1) S. 22 modified (3.2.1995) by 1994 c. 37, ss. 57(1), 69(2); (1.11.1995) by 1995 c. 11, s. 15(2) and S.I. 1995/2650, art. 2 S. 22 modified (19.2.2001) by 2000 c. 11, s. 37, Sch. 5 para. 17; S.I. 2001/421, art. 2 S. 22 extended (1.11.1995) by 1988 c. 33, s. 93H (as inserted by 1995 c. 11, s. 11; S.I. 1995/2650, art. 2)
C57	S. 22 modified (1.9.2001) by S.I. 1996/716, art. 17D (as inserted (1.9.2001) by S.I. 2001/2563, art. 2)
C58	S. 22 applied (1.4.2003) by 2001 c. 16, ss. 57(1)(a)(4), 138; S.I. 2003/708, art. 2(a)
C59	S. 22 modified (1.9.2001) by 2001 c. 17, s. 37, Sch. 5 Pt. I para. 6(5); S.I. 2001/2161, art. 2 (subject to art. 3) S. 22 modified (2.12.2002) by Police Reform Act 2002 (c. 30), s. 38, Sch. 4 Pt. 2 para. 16(i) ; S.I. 2002/2750, art. 2(a)(ii)(d) S. 22 modified (2.12.2002) by Police Reform Act 2002 (c. 30), s. 38, Sch. 4 Pt. 2 para. 17(f) ; S.I. 2002/2750, art. 2(a)(ii)(d) S. 22 modified (2.12.2002) by Police Reform Act 2002 (c. 30), s. 38, Sch. 4 Pt. 2 para. 18(f) ; S.I. 2002/2750, art. 2(a)(ii)(d) S. 22 modified (2.12.2002) by Police Reform Act 2002 (c. 30), s. 38, Sch. 4 Pt. 2 para. 19(e) ; S.I. 2002/2750, art. 2(a)(ii)(d)
C60	S. 22: power to apply (with modifications) conferred (24.2.2003) by Proceeds of Crime Act 2002 (c. 29), ss. 355(1)(2)(3)(d) , 458; S.I. 2003/120, art. 2 , Sch. (subject to transitional provisions and savings in arts. 3-7 (as amended by S.I. 2003/333, art. 14 which in turn is amended by S.I. 2003/531, arts. 3, 4))
C61	S. 22 applied (with modifications) (24.2.2003) by The Proceeds of Crime Act 2002 (Application of Police and Criminal Evidence Act 1984 and Police and Criminal Evidence (Northern Ireland) Order 1989) Order 2003 (S.I. 2003/174), arts. 5 , 10, Sch. 1
C62	Ss. 8, 9, 15, 16, 17(1)(b)(2) (4), 18-20, 21, 22(1)-(4), 28, 29, 30(1)-(4)(a)(5)-(11), 31, 32(1)-(9), 34(1)-(5), 35, 36, 37, 39, 40-44, 50, 51(d), 52, 54, 55, 64(1)-(4)(5)(6), Sch. 1 applied with modifications by S.I. 1985/1800, arts. 3-11, Schs. 1, 2
Marginal Citations
M15	1897 c. 30.
M16	1971 c. 77.

Supplementary

23.

Meaning of “premises” etc.

In this Act—

“premises” includes any place and, in particular, includes—

(a) any vehicle, vessel, aircraft or hovercraft;

(b) any offshore installation;

[F72 (ba) any renewable energy installation;]

“offshore installation” has the meaning given to it by section 1 of the M17 Mineral Workings (Offshore Installations) Act 1971.

[F74 “renewable energy installation” has the same meaning as in Chapter 2 of Part 2 of the Energy Act 2004.]

Annotations:
Amendments (Textual)
F72	S. 23: in definition of "premises", para. (ba) substituted for word "and" at the end of para. (b) (5.10.2004) by Energy Act 2004 (c. 20), ss. 103(2)(a) , 198(2); S.I. 2004/2575, art. 2(1) , Sch. 1
F73	S. 23: word at the end of the definition of "premises" repealed (5.10.2004) by Energy Act 2004 (c. 20), ss. 197, 198(2), Sch. 23 Pt. 1 ; S.I. 2004/2575, art. 2(1) , Sch. 1 Table
F74	S. 23: definition of "renewable energy installation" inserted (5.10.2004) by Energy Act 2004 (c. 20), ss. 103(2)(b) , 198(2); S.I. 2004/2575, art. 2(1) , Sch. 1
Marginal Citations
M17	1971 c. 61.

Part III

Arrest

Annotations:
Modifications etc. (not altering text)
C63	Pt. III: Powers of seizure extended (1.4.2003) by 2001 c. 16, ss. 50, 52-54, 68, Sch. 1 Pt. 1 para. 1; S.I. 2003/708, art. 2(j) Pt. III: Powers of seizure extended (1.4.2003) by 2001 c. 16, ss. 51-54, 68, Sch. 1 Pt. 2 para. 74; S.I. 2003/708, art. 2(j)
C64	Pt. III incorporated (16.5.2008) by The London Gateway Port Harbour Empowerment Order 2008 (S.I. 2008/1261), art. 52

[ F78 24.

Arrest without warrant: constables

(1) A constable may arrest without a warrant—

(a)

anyone who is about to commit an offence;

(b)

anyone who is in the act of committing an offence;

(c)

anyone whom he has reasonable grounds for suspecting to be about to commit an offence;

(d)

anyone whom he has reasonable grounds for suspecting to be committing an offence.

(2) If a constable has reasonable grounds for suspecting that an offence has been committed, he may arrest without a warrant anyone whom he has reasonable grounds to suspect of being guilty of it.

(3) If an offence has been committed, a constable may arrest without a warrant—

(a)

anyone who is guilty of the offence;

(b)

anyone whom he has reasonable grounds for suspecting to be guilty of it.

(4) But the power of summary arrest conferred by subsection (1), (2) or (3) is exercisable only if the constable has reasonable grounds for believing that for any of the reasons mentioned in subsection (5) it is necessary to arrest the person in question.

(5) The reasons are—

(a)

to enable the name of the person in question to be ascertained (in the case where the constable does not know, and cannot readily ascertain, the person's name, or has reasonable grounds for doubting whether a name given by the person as his name is his real name);

(b)

correspondingly as regards the person's address;

(c)

to prevent the person in question—

(i) causing physical injury to himself or any other person;

(ii) suffering physical injury;

(iii) causing loss of or damage to property;

(iv) committing an offence against public decency (subject to subsection (6)); or

(v) causing an unlawful obstruction of the highway;

(d)

to protect a child or other vulnerable person from the person in question;

(e)

to allow the prompt and effective investigation of the offence or of the conduct of the person in question;

(f)

to prevent any prosecution for the offence from being hindered by the disappearance of the person in question.

(6) Subsection (5)(c)(iv) applies only where members of the public going about their normal business cannot reasonably be expected to avoid the person in question.]

Annotations:
Amendments (Textual)
F78	Ss. 24, 24A substituted for s. 24 (1.1.2006) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 110(1) , 178; S.I. 2005/3495, art. 2(1)(m)
Modifications etc. (not altering text)
C65	S. 24 extended (2.8.1993) by S.I. 1993/1813, art. 6, Sch. 3 para. 2(4).
C66	S. 24 applied (12.5.2005) by The Sudan (United Nations Measures) Order 2005 (S.I. 2005/1259), art. 10(6) S. 24 applied (9.6.2005) by The Democratic Republic of the Congo (United Nations Measures) Order 2005 (S.I. 2005/1517), art. 10(6)
C67	S. 24(1) applied (6.2.2004) by The Democratic Republic of Congo (Financing and Financial Assistance and Technical Advice, Assistance and Training) (Penalties and Licences) Regulations 2004 (S.I. 2004/221), reg. 4(2) S. 24(1) applied (19.2.2004) by The Sudan (Technical Assistance and Financing and Financial Assistance) (Penalties and Licences) Regulations 2004 (S.I. 2004/373), reg. 4(2) S. 24(1) applied (26.2.2004) by The Liberia (Technical Assistance and Financing and Financial Assistance) (Penalties and Licences) Regulations 2004 (S.I. 2004/432), reg. 4(2)
C68	S. 24(1) applied (17.5.2004) by The Burma (Sale, Supply, Export, Technical Assistance, Financing and Financial Assistance and Shipment of Equipment) (Penalties and Licences) Regulations 2004 (S.I. 2004/1315), reg. 4(2)
C69	S. 24(2) modified (1.9.2001) by 2001 c. 16, s. 47(3); S.I. 2001/2223, art. 4(c)
C70	S. 24(2) applied by S.I. 1990/1768, art. 8(10) (as replaced by S.I. 1990/2144, art. 3) S. 24(2) extended (15.4.1992) by S.I. 1992/975, art. 16(13). S. 24(2) extended (5.6.1992) by S.I. 1992/1302, art. 17(13). s. 24(2) extended (1.5.1993) by S.I. 1993/1188, art. 16(11). S. 24(2) extended (24.5.1993) by S.I. 1993/1244, art. 22(13). S. 24(2) extended (22.7.1993) by S.I. 1993/1784, art. 13(12). S. 24(2) extended (22.7.1993) by S.I. 1993/1787, art. 10(12). S. 24(2) extended (1.10.1993) by S.I. 1993/2355, art. 12(12). S. 24(2) extended (1.12.1993) by S.I. 1993/2807, art. 19(12) S. 24(2) applied (23.5.1994) by 1994/1323, art. 17(12) S. 24(2) applied (19.10.1994) by S.I. 1994/2673, art. 13(12) S. 24(2) applied (7.2.1995) by S.I. 1995/271, art. 11(4) S. 24(2) applied (15.11.1996) by S.I. 1996/2721, art. 11(4) S. 24(2) extended (1.11.1997) by S.I. 1997/2592, art. 12(12) S. 24(2) applied (with modifications) (15.7.1998) by S.I. 1998/1531, art. 4(2). S. 24(2) extended (3.6.1999) by S.I. 1999/1516, art. 9(9) S. 24(2) extended (14.10.1999) by S.I. 1999/2821, art. 4(2) S. 24(2) extended (14.10.1999) by S.I. 1999/2822, art. 4(2) S. 24(2) extended (26.11.1999) by S.I. 1999/3133, art. 8(12) S. 24(2) applied (16.6.2000) by S.I. 2000/1556, art. 17(12) S. 24(2) applied (28.9.2000) by S.I. 2000/2620, reg. 11(5) S. 24(2) applied (25.5.2000) by S.I. 2000/1408, reg. 3 S. 24(2) extended (16.2.2001) by S.I. 2001/396, art. 25(13) S. 24(2) applied (10.10.2001) by S.I. 2001/3365, art. 10(10) (subject to art. 1(2))
C71	S. 24(2) applied (with modifications) (25.1.2002) by The Al-Qa'ida and Taliban (United Nations Measures) Order 2002 (S.I. 2002/111), art. 20(13) S. 24(2) applied (with modifications) (31.3.2002) by The Zimbabwe (Sale, Supply, Export and Shipment of Equipment) (Penalties and Licences) Regulations 2002 (S.I. 2002/ 868), reg. 4(2) S. 24(2) applied (with modifications) (24.10.2002) by The Somalia (United Nations Sanctions) Order (S.I. 2002/2628), art. 16(12)
C72	S. 24(2) applied (14.6.2003) by The Iraq (United Nations Sanctions) Order 2003 (S.I. 2003/1519), art. 20(12) S. 24(2) applied (11.2.2005) by The Ivory Coast (United Nations Sanctions) Order 2005 (S.I. 2005/253), art. 9(12)
C73	S. 24(2) applied (13.2.2004) by The Liberia (United Nations Sanctions) Order 2004 (S.I. 2004/348), art. 15(12)

[F79 24A

Arrest without warrant: other persons

(1) A person other than a constable may arrest without a warrant—

(a)

anyone who is in the act of committing an indictable offence;

(b)

anyone whom he has reasonable grounds for suspecting to be committing an indictable offence.

(2) Where an indictable offence has been committed, a person other than a constable may arrest without a warrant—

(a)

anyone who is guilty of the offence;

(b)

anyone whom he has reasonable grounds for suspecting to be guilty of it.

(3) But the power of summary arrest conferred by subsection (1) or (2) is exercisable only if—

(a)

the person making the arrest has reasonable grounds for believing that for any of the reasons mentioned in subsection (4) it is necessary to arrest the person in question; and

(b)

it appears to the person making the arrest that it is not reasonably practicable for a constable to make it instead.

(4) The reasons are to prevent the person in question—

(a)

causing physical injury to himself or any other person;

(b)

suffering physical injury;

(c)

causing loss of or damage to property; or

(d)

making off before a constable can assume responsibility for him.

[F80 (5) This section does not apply in relation to an offence under Part 3 or 3A of the Public Order Act 1986.]]

Annotations:
Amendments (Textual)
F79	Ss. 24, 24A substituted for s. 24 (1.1.2006) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 110 , 178; S.I. 2005/3495, art. 2(m)
F80	S. 24A(5) added (1.10.2007) by Racial and Religious Hatred Act 2006 (c. 1), ss. 2 , 3(2); S.I. 2007/2490, art. 2(1)
Modifications etc. (not altering text)
C74	S. 24A restricted (1.1.2007) by Electoral Administration Act 2006 (c. 22), ss. 71 , 77; S.I. 2006/3412, art. 3 , Sch. 1 para. 9 (with Sch. 2) S. 24A restricted (1.2.2007) by The National Assembly for Wales ( Representation of The People) Order (S.I. 2007/236), arts. 1(1), 30(4)

F81 25. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations:
Amendments (Textual)
F81	S. 25 repealed (1.1.2006) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 110(2), 174, 178, Sch. 17 Pt. 2 ; S.I. 2005/3495, art. 2(1)(m)(u)(xxiv)

26.

Repeal of statutory powers of arrest without warrant or order.

— (1) Subject to subsection (2) below, so much of any Act (including a local Act) passed before this Act as enables a constable—

(a)

to arrest a person for an offence without a warrant; or

(b)

to arrest a person otherwise than for an offence without a warrant or an order of a court,

shall cease to have effect.

(2) Nothing in subsection (1) above affects the enactments specified in Schedule 2 to this Act.

Annotations:
Modifications etc. (not altering text)
C75	S. 26 excluded by Representation of the People Act 1985 (c. 50, SIF 42), s. 25(1)

27.

Fingerprinting of certain offenders.

— (1) If a person—

(a)

has been convicted of a recordable offence;

(b)

has not at any time been in police detention for the offence; and

(c)

has not had his fingerprints taken—

(i) in the course of the investigation of the offence by the police; or

(ii) since the conviction,

any constable may at any time not later than one month after the date of the conviction require him to attend a police station in order that his fingerprints may be taken.

[F82 (1A) Where a person convicted of a recordable offence has already had his fingerprints taken as mentioned in paragraph (c) of subsection (1) above, that fact (together with any time when he has been in police detention for the offence) shall be disregarded for the purposes of that subsection if—

(a)

the fingerprints taken on the previous occasion do not constitute a complete set of his fingerprints; or

(b)

some or all of the fingerprints taken on the previous occasion are not of sufficient quality to allow satisfactory analysis, comparison or matching.

(1B) Subsections (1) and (1A) above apply—

(a)

where a person has been given a caution in respect of a recordable offence which, at the time of the caution, he has admitted, or

(b)

where a person has been warned or reprimanded under section 65 of the Crime and Disorder Act 1998 (c. 37) for a recordable offence,

as they apply where a person has been convicted of an offence, and references in this section to a conviction shall be construed accordingly.]

(2) A requirement under subsection (1) above—

(a)

shall give the person a period of at least 7 days within which he must so attend; and

(b)

may direct him to so attend at a specified time of day or between specified times of day.

(3) Any constable may arrest without warrant a person who has failed to comply with a requirement under subsection (1) above.

(4) The Secretary of State may by regulations make provision for recording in national police records convictions for such offences as are specified in the regulations.

F83 (4A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) Regulations under this section shall be made by statutory instrument and shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Annotations:
Amendments (Textual)
F82	S. 27(1A)(1B) inserted (1.1.2003) by 2001 c. 16, s. 78(1); S.I. 2002/3032, art. 2(a)
F83	S. 27(4A) repealed (1.4.2003) by 2001 c. 16, ss. 137, 138(2), Sch. 7 Pt. 2(1); S.I. 2003/708, art. 2(i)(m)
Modifications etc. (not altering text)
C76	S. 27(1) extended (2.12.2002) by Police Reform Act 2002 (c. 30), s. 38, Sch. 4 Pt. 3 para. 25 ; S.I. 2002/2750, art. 2(a)(ii)(d)

28.

Information to be given on arrest.

— (1) Subject to subsection (5) below, where a person is arrested, otherwise than by being informed that he is under arrest, the arrest is not lawful unless the person arrested is informed that he is under arrest as soon as is practicable after his arrest.

(2) Where a person is arrested by a constable, subsection (1) above applies regardless of whether the fact of the arrest is obvious.

(3) Subject to subsection (5) below, no arrest is lawful unless the person arrested is informed of the ground for the arrest at the time of, or as soon as is practicable after, the arrest.

(4) Where a person is arrested by a constable, subsection (3) above applies regardless of whether the ground for the arrest is obvious.

(5) Nothing in this section is to be taken to require a person to be informed—

(a)

that he is under arrest; or

(b)

of the ground for the arrest,

if it was not reasonably practicable for him to be so informed by reason of his having escaped from arrest before the information could be given.

Annotations:
Modifications etc. (not altering text)
C77	Ss. 8, 9, 15, 16, 17(1)(b(2) (4), 18–20, 21, 22(1)–(4), 28, 29, 30(1)–(4)(a)(5)–(11), 31, 32(1)–(9), 34(1)–(5), 35, 36, 37, 39, 40–44, 50, 51(d), 52, 54, 55, 64(1)–(4)(5)(6), Sch. 1 applied with modifications by S.I. 1985/1800, arts. 3–11, Schs. 1, 2

29.

Voluntary attendance at police station etc.

Where for the purpose of assisting with an investigation a person attends voluntarily at a police station or at any other place where a constable is present or accompanies a constable to a police station or any such other place without having been arrested—

(a)

he shall be entitled to leave at will unless he is placed under arrest;

(b)

he shall be informed at once that he is under arrest if a decision is taken by a constable to prevent him from leaving at will.

Annotations:
Modifications etc. (not altering text)
C78	Ss. 8, 9, 15, 16, 17(1)(b(2) (4), 18–20, 21, 22(1)–(4), 28, 29, 30(1)–(4)(a)(5)–(11), 31, 32(1)–(9), 34(1)–(5), 35, 36, 37, 39, 40–44, 50, 51(d), 52, 54, 55, 64(1)–(4)(5)(6), Sch. 1 applied with modifications by S.I. 1985/1800, arts. 3–11, Schs. 1, 2

30.

Arrest elsewhere than at police station.

— [F84 (1) Subsection (1A) applies where a person is, at any place other than a police station—

(a)

arrested by a constable for an offence, or

(b)

taken into custody by a constable after being arrested for an offence by a person other than a constable.

(1A) The person must be taken by a constable to a police station as soon as practicable after the arrest.

(1B) Subsection (1A) has effect subject to section 30A (release on bail) and subsection (7)(release without bail).]

(2) Subject to subsections (3) and (5) below, the police station to which an arrested person is taken under [F85 subsection (1A)] above shall be a designated police station.

(3) A constable to whom this subsection applies may take an arrested person to any police station unless it appears to the constable that it may be necessary to keep the arrested person in police detention for more than six hours.

(4) Subsection (3) above applies—

(a)

to a constable who is working in a locality covered by a police station which is not a designated police station; and

(b)

to a constable belonging to a body of constables maintained by an authority other than a police authority.

(5) Any constable may take an arrested person to any police station if—

(a)

either of the following conditions is satisfied—

(i) the constable has arrested him without the assistance of any other constable and no other constable is available to assist him;

(ii) the constable has taken him into custody from a person other than a constable without the assistance of any other constable and no other constable is available to assist him; and

(b)

it appears to the constable that he will be unable to take the arrested person to a designated police station without the arrested person injuring himself, the constable or some other person.

(6) If the first police station to which an arrested person is taken after his arrest is not a designated police station, he shall be taken to a designated police station not more than six hours after his arrival at the first police station unless he is released previously.

[F86 (7) A person arrested by a constable at any place other than a police station must be released without bail if the condition in subsection (7A) is satisfied.

(7A) The condition is that, at any time before the person arrested reaches a police station, a constable is satisfied that there are no grounds for keeping him under arrest or releasing him on bail under section 30A.]

(8) A constable who releases a person under subsection (7) above shall record the fact that he has done so.

(9) The constable shall made the record as soon as is practicable after the release.

[F87 (10) Nothing in subsection (1A) or in section 30A prevents a constable delaying taking a person to a police station or releasing him on bail if the condition in subsection (10A) is satisfied.

(10A) The condition is that the presence of the person at a place (other than a police station) is necessary in order to carry out such investigations as it is reasonable to carry out immediately.

(11) Where there is any such delay the reasons for the delay must be recorded when the person first arrives at the police station or (as the case may be) is released on bail.]

(12) Nothing in [F88 subsection (1A) or section 30A] above shall be taken to affect—

(a)

paragraphs 16(3) or 18(1) of Schedule 2 to the M18 Immigration Act 1971;

(b)

section 34(1) of the M19 Criminal Justice Act 1972; or

[F89 (c)

any provision of the Terrorism Act 2000.]

(13) Nothing in subsection (1) above shall be taken to affect paragraph 18(3) of Schedule 2 to the Immigration Act 1971.

Annotations:
Amendments (Textual)
F84	S. 30(1)-(1B) substituted (20.1.2004) for s. 30(1) by Criminal Justice Act 2003 (c. 44), ss. 4(2) , 336; S.I. 2004/81, art. 2(1)(2)(a)
F85	Words in s. 30(2) substituted (20.1.2004) by Criminal Justice Act 2003 (c. 44), ss. 4(3) , 336; S.I. 2004/81, art. 2(1)(2)(a)
F86	S. 30(7)(7A) substituted for s. 30(7) (20.1.2004) by Criminal Justice Act 2003 (c. 44), ss. 4(4) , 336; S.I. 2004/81, art. 2(1)(2)(a)
F87	S. 30(10)(10A)(11) substituted (20.1.2004) for s. 30(10)(11) by Criminal Justice Act 2003 (c. 44), ss. 4(5) , 336; S.I. 2004/81, art. 2(1)(2)(a)
F88	Words in s. 30(12) substituted (20.1.2004) by Criminal Justice Act 2003 (c. 44), ss. 4(6) , 336; S.I. 2004/81, art. 2(1)(2)(a)
F89	S. 30(12)(c) substituted (19.2.2001) by 2000 c. 11, ss. 125, Sch. 15 para. 5(2) (with s. 129(1)(b)); 2001/421, art. 2
Modifications etc. (not altering text)
C79	S. 30 extended (2.8.1993) by S.I. 1993/1813, art. 6, Sch. 3 para. 2(6); s. 30 extended by the said S.I. 1993/1813, art. 6, Sch. 3 para. 2 as in corporated (with modifications) (1.12.1997) by S.I. 1994/1405, art. 6, Sch. 3 para. 3
C80	S. 30 modified (2.12.2002) by Police Reform Act 2002 (c. 30), s. 38, Sch. 4 Pt. 4 para. 34(1)(b) ; S.I. 2002/2750, art. 2(a)(ii)(d)
C81	S. 30 applied (with modifications) by Criminal Justice Act 2003 (c. 44), s. 24B(1)-(3) (as inserted (29.6.2007) by Police and Justice Act 2006 (c. 48), ss. 18(1) , 53 (with s. 18(2)); S.I. 2007/1614, art. 2(e) )
C82	Ss. 8, 9, 15, 16, 17(1)(b(2) (4), 18–20, 21, 22(1)–(4), 28, 29, 30(1)–(4)(a)(5)–(11), 31, 32(1)–(9), 34(1)–(5), 35, 36, 37, 39, 40–44, 50, 51(d), 52, 54, 55, 64(1)–(4)(5)(6), Sch. 1 applied with modifications by S.I. 1985/1800, arts. 3–11, Schs. 1, 2
Marginal Citations
M18	1971 c. 77.
M19	1972 c. 71.

[F90 30A

Bail elsewhere than at police station

(1) A constable may release on bail a person who is arrested or taken into custody in the circumstances mentioned in section 30(1).

(2) A person may be released on bail under subsection (1) at any time before he arrives at a police station.

(3) A person released on bail under subsection (1) must be required to attend a police station.

[F91 (3A) Where a constable releases a person on bail under subsection (1)—

(a)

no recognizance for the person's surrender to custody shall be taken from the person,

(b)

no security for the person's surrender to custody shall be taken from the person or from anyone else on the person's behalf,

(c)

the person shall not be required to provide a surety or sureties for his surrender to custody, and

(d)

no requirement to reside in a bail hostel may be imposed as a condition of bail.

(3B) Subject to subsection (3A), where a constable releases a person on bail under subsection (1) the constable may impose, as conditions of the bail, such requirements as appear to the constable to be necessary—

(a)

to secure that the person surrenders to custody,

(b)

to secure that the person does not commit an offence while on bail,

(c)

to secure that the person does not interfere with witnesses or otherwise obstruct the course of justice, whether in relation to himself or any other person, or

(d)

for the person's own protection or, if the person is under the age of 17, for the person's own welfare or in the person's own interests.

(4) Where a person is released on bail under subsection (1), a requirement may be imposed on the person as a condition of bail only under the preceding provisions of this section.]

(5) The police station which the person is required to attend may be any police station.]

Annotations:
Amendments (Textual)
F90	Ss. 30A-30D inserted (20.1.2004) by Criminal Justice Act 2003 (c. 44), ss. 4(7) , 336; S.I. 2004/81, art. 2(1)(2)(a)
F91	S. 30A(3A)-(4) substituted (1.4.2007) for s. 30A(4) by Police and Justice Act 2006 (c. 48), ss. 10, 53, Sch. 6 para. 2 ; S.I. 2007/709, art. 3(i) (subject to arts. 6, 7)
Modifications etc. (not altering text)
C83	Ss. 30A-30D applied (with modifications) by Criminal Justice Act 2003 (c. 44), s. 24B(1)-(3) (as inserted (29.6.2007) by Police and Justice Act 2006 (c. 48), ss. 18(1) , 53 (with s. 18(2)); S.I. 2007/1614, art. 2(e) )

30B

Bail under section 30A: notices

(1) Where a constable grants bail to a person under section 30A, he must give that person a notice in writing before he is released.

(2) The notice must state—

(a)

the offence for which he was arrested, and

(b)

the ground on which he was arrested.

(3) The notice must inform him that he is required to attend a police station.

(4) It may also specify the police station which he is required to attend and the time when he is required to attend.

[F92 (4A) If the person is granted bail subject to conditions under section 30A(3B), the notice also—

(a)

must specify the requirements imposed by those conditions,

(b)

must explain the opportunities under sections 30CA(1) and 30CB(1) for variation of those conditions, and

(c)

if it does not specify the police station at which the person is required to attend, must specify a police station at which the person may make a request under section 30CA(1)(b).]

(5) If the notice does not include the information mentioned in subsection (4), the person must subsequently be given a further notice in writing which contains that information.

(6) The person may be required to attend a different police station from that specified in the notice under subsection (1) or (5) or to attend at a different time.

(7) He must be given notice in writing of any such change as is mentioned in subsection (6) but more than one such notice may be given to him.

Annotations:
Amendments (Textual)
F92	S. 30B(4A) inserted (1.4.2007) by Police and Justice Act 2006 (c. 48), ss. 10, 53, Sch. 6 para. 3 ; S.I. 2007/709, art. 3(i) (subject to arts. 6, 7)
Modifications etc. (not altering text)
C84	Ss. 30A-30D applied (with modifications) by Criminal Justice Act 2003 (c. 44), s. 24B(1)-(3) (as inserted (29.6.2007) by Police and Justice Act 2006 (c. 48), ss. 18(1) , 53 (with s. 18(2)); S.I. 2007/1614, art. 2(e) )

30C

Bail under section 30A: supplemental

(1) A person who has been required to attend a police station is not required to do so if he is given notice in writing that his attendance is no longer required.

(2) If a person is required to attend a police station which is not a designated police station he must be—

(a)

released, or

(b)

taken to a designated police station,

not more than six hours after his arrival.

(3) Nothing in the Bail Act 1976 applies in relation to bail under section 30A.

(4) Nothing in section 30A or 30B or in this section prevents the re-arrest without a warrant of a person released on bail under section 30A if new evidence justifying a further arrest has come to light since his release.

Annotations:
Modifications etc. (not altering text)
C85	Ss. 30A-30D applied (with modifications) by Criminal Justice Act 2003 (c. 44), s. 24B(1)-(3) (as inserted (29.6.2007) by Police and Justice Act 2006 (c. 48), ss. 18(1) , 53 (with s. 18(2)); S.I. 2007/1614, art. 2(e) )

[F93 30CA

Bail under section 30A: variation of conditions by police

(1) Where a person released on bail under section 30A(1) is on bail subject to conditions—

(a)

a relevant officer at the police station at which the person is required to attend, or

(b)

where no notice under section 30B specifying that police station has been given to the person, a relevant officer at the police station specified under section 30B(4A)(c),

may, at the request of the person but subject to subsection (2), vary the conditions.

(2) On any subsequent request made in respect of the same grant of bail, subsection (1) confers power to vary the conditions of the bail only if the request is based on information that, in the case of the previous request or each previous request, was not available to the relevant officer considering that previous request when he was considering it.

(3) Where conditions of bail granted to a person under section 30A(1) are varied under subsection (1)—

(a)

paragraphs (a) to (d) of section 30A(3A) apply,

(b)

requirements imposed by the conditions as so varied must be requirements that appear to the relevant officer varying the conditions to be necessary for any of the purposes mentioned in paragraphs (a) to (d) of section 30A(3B), and

(c)

the relevant officer who varies the conditions must give the person notice in writing of the variation.

(4) Power under subsection (1) to vary conditions is, subject to subsection (3)(a) and (b), power—

(a)

to vary or rescind any of the conditions, and

(b)

to impose further conditions.

(5) In this section “relevant officer”, in relation to a designated police station, means a custody officer but, in relation to any other police station—

(a)

means a constable, or a person designated as a staff custody officer under section 38 of the Police Reform Act 2002, who is not involved in the investigation of the offence for which the person making the request under subsection (1) was under arrest when granted bail under section 30A(1), if such a constable or officer is readily available, and

(b)

if no such constable or officer is readily available—

(i) means a constable other than the one who granted bail to the person, if such a constable is readily available, and

(ii) if no such constable is readily available, means the constable who granted bail.]

Annotations:
Amendments (Textual)
F93	Ss. 30CA, 30CB inserted (1.4.2007) by Police and Justice Act 2006 (c. 48), ss. 10, 53, Sch. 6 para. 4 ; S.I. 2007/709, art. 3(i) (subject to arts. 6, 7)
Modifications etc. (not altering text)
C86	Ss. 30A-30D applied (with modifications) by Criminal Justice Act 2003 (c. 44), s. 24B(1)-(3) (as inserted (29.6.2007) by Police and Justice Act 2006 (c. 48), ss. 18(1) , 53 (with s. 18(2)); S.I. 2007/1614, art. 2(e) )

30CB

Bail under section 30A: variation of conditions by court

(1) Where a person released on bail under section 30A(1) is on bail subject to conditions, a magistrates' court may, on an application by or on behalf of the person, vary the conditions if—

(a)

the conditions have been varied under section 30CA(1) since being imposed under section 30A(3B),

(b)

a request for variation under section 30CA(1) of the conditions has been made and refused, or

(c)

a request for variation under section 30CA(1) of the conditions has been made and the period of 48 hours beginning with the day when the request was made has expired without the request having been withdrawn or the conditions having been varied in response to the request.

(2) In proceedings on an application for a variation under subsection (1), a ground may not be relied upon unless—

(a)

in a case falling within subsection (1)(a), the ground was relied upon in the request in response to which the conditions were varied under section 30CA(1), or

(b)

in a case falling within paragraph (b) or (c) of subsection (1), the ground was relied upon in the request mentioned in that paragraph,

but this does not prevent the court, when deciding the application, from considering different grounds arising out of a change in circumstances that has occurred since the making of the application.

(3) Where conditions of bail granted to a person under section 30A(1) are varied under subsection (1)—

(a)

paragraphs (a) to (d) of section 30A(3A) apply,

(b)

requirements imposed by the conditions as so varied must be requirements that appear to the court varying the conditions to be necessary for any of the purposes mentioned in paragraphs (a) to (d) of section 30A(3B), and

(c)

that bail shall not lapse but shall continue subject to the conditions as so varied.

(4) Power under subsection (1) to vary conditions is, subject to subsection (3)(a) and (b), power—

(a)

to vary or rescind any of the conditions, and

(b)

to impose further conditions.

Annotations:
Modifications etc. (not altering text)
C87	Ss. 30A-30D applied (with modifications) by Criminal Justice Act 2003 (c. 44), s. 24B(1)-(3) (as inserted (29.6.2007) by Police and Justice Act 2006 (c. 48), ss. 18(1) , 53 (with s. 18(2)); S.I. 2007/1614, art. 2(e) )

30D

Failure to answer to bail under section 30A

(1) A constable may arrest without a warrant a person who—

(a)

has been released on bail under section 30A subject to a requirement to attend a specified police station, but

(b)

fails to attend the police station at the specified time.

(2) A person arrested under subsection (1) must be taken to a police station (which may be the specified police station or any other police station) as soon as practicable after the arrest.

[F94 (2A) A person who has been released on bail under section 30A may be arrested without a warrant by a constable if the constable has reasonable grounds for suspecting that the person has broken any of the conditions of bail.

(2B) A person arrested under subsection (2A) must be taken to a police station (which may be the specified police station mentioned in subsection (1) or any other police station) as soon as practicable after the arrest.]

(3) In subsection (1), “specified” means specified in a notice under subsection (1) or (5) of section 30B or, if notice of change has been given under subsection (7) of that section, in that notice.

(4) For the purposes of—

(a)

section 30 (subject to the [F95 obligations in subsections (2) and (2B)]), and

(b)

section 31,

an arrest under this section is to be treated as an arrest for an offence.

Annotations:
Amendments (Textual)
F94	S. 30D(2A)(2B) inserted (1.4.2007) by Police and Justice Act 2006 (c. 48), ss. 10, 53, Sch. 6 para. 5(2) ; S.I. 2007/709, art. 3(i) (subject to arts. 6, 7)
F95	Words in s. 30D(4)(a) substituted (1.4.2007) by Police and Justice Act 2006 (c. 48), ss. 10, 53, Sch. 6 para. 5(3) ; S.I. 2007/709, art. 3(i) (subject to arts. 6, 7)
Modifications etc. (not altering text)
C88	Ss. 30A-30D applied (with modifications) by Criminal Justice Act 2003 (c. 44), s. 24B(1)-(3) (as inserted (29.6.2007) by Police and Justice Act 2006 (c. 48), ss. 18(1) , 53 (with s. 18(2)); S.I. 2007/1614, art. 2(e) )

31.

Arrest for further offence.

Where—

(a)

a person—

(i) has been arrested for an offence; and

(ii) is at a police station in consequence of that arrest; and

(b)

it appears to a constable that, if he were released from that arrest, he would be liable to arrest for some other offence,

he shall be arrested for that other offence.

Annotations:
Modifications etc. (not altering text)
C89	Ss. 8, 9, 15, 16, 17(1)(b) (2) (4), 18-20, 21, 22(1)-(4), 28, 29, 30(1)-(4)(a)(5)-(11), 31, 32(1)-(9), 34(1)-(5), 35, 36, 37, 39, 40-44, 50, 51(d), 52, 54, 55, 64(1)-(4)(5)(6), Sch. 1 applied with modifications by S.I. 1985/1800, arts. 3-11, Schs. 1, 2
C90	S. 31 applied (with modifications) by Criminal Justice Act 2003 (c. 44), s. 24B(1)-(3) (as inserted (29.6.2007) by Police and Justice Act 2006 (c. 48), ss. 18(1) , 53 (with s. 18(2)); S.I. 2007/1614, art. 2(e) )

32.

Search upon arrest.

— (1) A constable may search an arrested person, in any case where the person to be searched has been arrested at a place other than a police station, if the constable has reasonable grounds for believing that the arrested person may present a danger to himself or others.

(2) Subject to subsections (3) to (5) below, a constable shall also have power in any such case—

(a)

to search the arrested person for anything—

(i) which he might use to assist him to escape from lawful custody; or

(ii) which might be evidence relating to an offence; and

[F96 (b)

if the offence for which he has been arrested is an indictable offence, to enter and search any premises in which he was when arrested or immediately before he was arrested for evidence relating to the offence.]

(3) The power to search conferred by subsection (2) above is only a power to search to the extent that is reasonably required for the purpose of discovering any such thing or any such evidence.

(4) The powers conferred by this section to search a person are not to be construed as authorising a constable to require a person to remove any of his clothing in public other than an outer coat, jacket or gloves [F97 but they do authorise a search of a person’s mouth].

(5) A constable may not search a person in the exercise of the power conferred by subsection (2)(a) above unless he has reasonable grounds for believing that the person to be searched may have concealed on him anything for which a search is permitted under that paragraph.

(6) A constable may not search premises in the exercise of the power conferred by subsection (2)(b) above unless he has reasonable grounds for believing that there is evidence for which a search is permitted under that paragraph on the premises.

(7) In so far as the power of search conferred by subsection (2)(b) above relates to premises consisting of two or more separate dwellings, it is limited to a power to search—

(a)

any dwelling in which the arrest took place or in which the person arrested was immediately before his arrest; and

(b)

any parts of the premises which the occupier of any such dwelling uses in common with the occupiers of any other dwellings comprised in the premises.

(8) A constable searching a person in the exercise of the power conferred by subsection (1) above may seize and retain anything he finds, if he has reasonable grounds for believing that the person searched might use it to cause physical injury to himself or to any other person.

(9) A constable searching a person in the exercise of the power conferred by subsection (2)(a) above may seize and retain anything he finds, other than an item subject to legal privilege, if he has reasonable grounds for believing—

(a)

that he might use it to assist him to escape from lawful custody; or

(b)

that it is evidence of an offence or has been obtained in consequence of the commission of an offence.

(10) Nothing in this section shall be taken to affect the power conferred by [F98 section 43 of the Terrorism Act 2000].

Annotations:
Amendments (Textual)
F96	S. 32(2)(b) substituted (1.1.2006) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 111, 178, Sch. 7 Pt. 3 para. 43(6) ; S.I. 2005/3495, art. 2(1)(m)
F97	Words in s. 32(4) inserted (10.4.1995) by 1994 c. 33, s. 59(2); S.I. 1995/721, art. 2, Sch.
F98	Words in s. 32(10) substituted (19.2.2001) by 2000 c. 11, ss. 125(1), Sch. 15 para. 5(3) (with s. 29(1)); S.I. 2001/421
Modifications etc. (not altering text)
C91	S. 32 modified (3.11.1994) by 1994 c. 33, ss. 166(5), 172(2)(4)
C92	S. 32 extended (1.1.2006) by Police Refom Act 2002 (c. 30), Sch. 4 para. 2A (as inserted by Serious Organised Crime and Police Act 2005 (c. 15), ss. 122, 178, Sch. 8 Pt. 1 para. 4 ; S.I. 2005/3495, art. 2(1)(q)(r) )
C93	Ss. 8, 9, 15, 16, 17(1)(b)(2) (4), 18-20, 21, 22(1)-(4), 28, 29, 30(1)-(4)(a)(5)-(11), 31, 32(1)-(9), 34(1)-(5), 35, 36, 37, 39, 40-44, 50, 51(d), 52, 54, 55, 64(1)-(4)(5)(6), Sch. 1 applied with modifications by S.I. 1985/1800, arts. 3-11, Schs. 1, 2
C94	S. 32(2)(b) modified (30.5.2006) by London Olympic Games and Paralympic Games Act 2006 (c. 12), ss. 31(7) , 40(1)-(3); S.I. 2006/1118, art. 3(1)

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