Searching the Premises

Question 1

Basics of Searching Premises

Answer 1

Time of search 
Entry without consent
Notice of powers and rights to occupiers
Conduct of searches
Leaving premises  
Investigating officers actions should comply with Code B of PACE 1984 Codes of Practice

Question 2

Section 23 of PACE Act 1984

Answer 2

Section 23 of the Police and Criminal Evidence Act 1984 defines the meaning of the term premises for any purpose under that Act. In this Act ‘premises’ includes any place and in particular, includes –

(a) any vehicle, vessel, aircraft or hovercraft
(b) any offshore installation;
(c) any renewable energy installation;
(d) a tent or movable structure.

Question 3

Lawful Powers of entry without consent

Answer 3

Section 17 of PACE 1984 - enter and search to arrest

Section 18 of PACE 1984 - enter and search after arrest

Section 32(2)(b) of PACE 1984 - enter and search at time of arrest

Question 4

Section 17 of PACE Act 1984

Answer 4

The power may be exercised where there is/are:

A reasonable belief that the person to be arrested (for an indictable, or either way offence, or unlawfully at large (arrest warrant, warrant of commitment or an escapee) is in the premises

Officers were in ‘hot pursuit’ of the offender immediately prior to them entering the premises

Grounds to believe that entry is necessary to save life and limb or prevent serious damage to property
The person sought is a child or young person, who has been remanded into the care of a local authority

A search of premises is limited to that necessary to achieve the purpose

Question 5

Section 18(1) of PACE Act 1984

Answer 5

This power may be exercised after arrest where officers are investigating an indictable or either way offence. The following provisos apply:

The premises in question are occupied or controlled by the alleged offender

The search is for evidence of the offence for which arrested or a similar offence

The power must be authorised by an Inspector

Question 6

Section 32(2)(b) of PACE Act 1984

Answer 6

Following the arrest of a person, a constable may enter and search any premises in which a person was when arrested or, immediately before they were arrested for evidence relating to the offence for which that person was arrested