Entry and Search of Premises for Evidence

Question 1

What statute governs the power of entry to a premises?

Answer 1

S.17 (1) PACE (Entry to Premises)

W - When executing a warrant
A - Arrest for indictable offences
S - Specified offences
P - Pursuit of a person unlawfully at large from detention
S - Save life or limb, or protect property from serious loss or damage

Question 2

What are examples of ‘Specified Offences’ that will give you the power to enter and search a premises

Answer 2

S.1 Public Order Act 1986 - Prohibited Uniforms

S.183 Road Traffic Act 1988 - Failure to stop when required to do so by constable in uniform.

S.4 Public Order Act 1986 - Driving whilst unfit through drink or drugs

Question 3

Which power gives you the permission to search premises once a suspect is arrested for an indictable offence?

Answer 3

S.18(1) PACE 1984 - A constable may enter and search any premises occupied or controlled by a person who is under arrest for an indictable offence, if they have reasonable grounds for suspecting

a) That there is evidence relating to that offence on the premises

OR

b) To some other indictable offence which is connected or similar to that offence

An officer of at least the rank of Inspector must give written authority before this power is exercised.

Question 4

Which power requires permission from an officer of Inspector rank or above?

Answer 4

S.18 PACE 1984 - To search premises once suspect is arrested or in custody (without them present)

Question 5

Under what powers can a constable conduct a search without permission from an inspector?

Answer 5

S.18(5) PACE 1984 -
A constable may conduct a search before taking a person to a police station and without obtaining an authorisation by an inspector.
Inspector must be informed as soon as practicable after the search has been made.

Question 6

What is best practice when it comes to searching premises with owners consent?

Answer 6

Premises may be searched ( other than under a statutory power) with the consent of the person entitled to grant entry. It is best practice to have the right to be there by legislation rather than permission/consent as they can ask you to leave before the search is completed.

Question 7

What is best practice when searching premises without consent?

Answer 7

You should first communicate with the occupier or other person entitled to grant permission to the premises by explaining the authority under which you seek entry and ask the occupier to grant access unless:

the premises to be searched known to be unoccupied OR
Occupier or person entitled to grant access are known to be absent

Question 8

Under which legislation can a constable exercise the Use of Force to Enter Premises?

Answer 8

S.117 PACE 1984 - Use of Force to Enter Premises
Reasonable force may be used in conducting a search of the premises but only if it is necessary because:

A) The occupiers cooperation cannot be obtained
OR
B) The cooperation given is insufficient

Question 9

What powers does S.32(b)of PACE give a constable?

Answer 9

S.32 (b)PACE 1984-
An officer can enter and search any premises where the person was:

If the suspect was immediately there before they were arrested or the premises where they have been arrested.

(the officer would have to have seen the suspect leave the premises themselves)