Search Legislation

Police and Criminal Evidence Act 1984

What Version

 Help about what version

Advanced Features

 Help about advanced features

Changes to legislation:

There are outstanding changes not yet made by the legislation.gov.uk editorial team to Police and Criminal Evidence Act 1984. Any changes that have already been made by the team appear in the content and are referenced with annotations. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

Changes and effects yet to be applied to :

 Help about changes and effects
Close

Changes and effects

This section lists the changes and effects yet to be applied to the specific provision you are viewing.

Changes and effects yet to be applied to the whole Act associated Parts and Chapters:

 Help about changes and effects
Close

Changes and effects

This section lists the changes and effects yet to be applied to the whole Act, associated Parts and Chapters where applicable. This includes any insertions of whole new Parts, Chapters or provisions yet to be inserted into this Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing.

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

Commencement Orders yet to be applied to the Police and Criminal Evidence Act 1984

 Help about changes and effects
Close

Commencement Orders

This section lists the commencement orders yet to be applied to the whole Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing. Where applicable the commencement orders are listed under two headings, firstly those that bring some part of the Act you are viewing into force and secondly, those that bring into force legislation that affects some part of the legislation you are viewing. If you are viewing a prospective version or there is a prospective version available there may be commencement orders listed here that are relevant to the provision you are viewing.

Commencement Orders bringing legislation that affects this Act into force:

1 Power of constable to stop and search persons, vehicles etc.E+W

(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]F1 ; 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]F2 .

(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]F3 , 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 M1Theft Act 1968 (taking motor vehicle or other conveyance without authority); F4...

[F5(d)fraud (contrary to section 1 of the Fraud Act 2006)F5][F6; and

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

[F7F6(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.]

F8(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: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F6S. 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)

Modifications etc. (not altering text)

Marginal Citations

Back to top

Options/Help

Print Options

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enactedversion that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources