Section 18: Entry and search after arrest

Question 1

When can a Section 18 of PACE be used?

Answer 1

After an arrest

Before the person is taken to a police station or released

Question 2

What offence may an officer use Section 18 of PACE for to enter a premises?

Answer 2

Indictable offence

S18.1

Question 3

An officer must have reasonable grounds to enter the premises under S18 PACE, what are these grounds?

Answer 3

Suspect there is evidence related to:

• the offence (a)
• some other indictable offence which is connected/similar to the original offence (b)

S18.1

Question 4

What can an officer do if he finds any relevant evidence?

Answer 4

Seize and retain

S18.2

Question 5

How much of a property can an officer search?

Answer 5

• An officer can search
• to the extent which is reasonably required
• for the purpose of discovering evidence

S18.3

Question 6

In most cases authorisation is needed to conduct a search under S18 PACE. Who can authorise a S18?

Answer 6

Inspector or above

S18.4

Question 7

In some cases, a S18 will not be authorised prior to search. Why might an officer be able to conduct a search without authorisation?

Answer 7

To enable a prompt and effective investigation

S18.5A

Question 8

If an officer not of rank authorises a S18 search, what must they do?

Answer 8

• Inform an officer of rank inspector or above
• Record in writing:
  Grounds for the search
  Nature of evidence sought

S18.8