Law Scenarios

Suggestions

Search of Premises

Search of premises can be carried out with or without a warrant. Any property can be searched if a person consents to it.

Search with a warrant

The main provisions are found in s.8 PACE (1984). This gives the police the power to apply to a magistrates for a search warrant. The magistrates must be satisfied that the police have reasonable grounds to believe that an indictable offence has been committed and that there is material on the premises which is likely to be of substantial value to the investigation of the offence. Also, that the material is likely to be relevant evidence. It must be impractical for the search to be made without a warrant (because e.g. they cannot communicate with the person, they have not consented to entry or they need immediate entry on arrival at the premises).

Search without a warrant

There are 4 key sections:

s.17 – Police may enter to make an arrest with or without a warrant, capture a person unlawfully at large or to protect people or prevent damage to property.

s.18 – After an arrest for an indictable offence, police can search premises occupied or controlled by the suspect if they reasonably believe there is evidence of the particular offence or other offences on the premises.

s.32 – After an arrest for an indictable offence an officer can enter and search the premises where the person was when arrested or where they were just before being arrested if the officer reasonably suspects there to be evidence relating to the particular offence on the premises.

s.19 – Once lawfully on the premises, the police can seize and retain any relevant evidence.

Code B – provides important guidelines as to the exercise of the power to search premises. It provides that search of premises should be carried out at a reasonable time with reasonable force used and showing due consideration and courtesy towards the property and privacy of the occupier(s).