- Latest available (Revised)
- Original (As enacted)
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.
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.
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):
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)Subject to the following provisions of this section, and without prejudice to any other enactment, a constable may enter and search any premises for the purpose—
(i)a warrant of arrest issued in connection with or arising out of criminal proceedings; or
(ii)a warrant of commitment issued under section 76 of the M1Magistrates’ Courts Act 1980;
(c)of arresting a person for an offence under—
(ii)any enactment contained in sections 6 to 8 or 10 of the M3Criminal Law Act 1977 (offences relating to entering and remaining on property);
[F3(iii)section 4 of the Public Order Act 1986 (fear or provocation of violence);]
[F4(iiia)section 4 (driving etc. when under influence of drink or drugs) or 163 (failure to stop when required to do so by constable in uniform) of the Road Traffic Act 1988;
(iiib)section 27 of the Transport and Works Act 1992 (which relates to offences involving drink or drugs);]
[F5(iv)section 76 of the Criminal Justice and Public Order Act 1994 (failure to comply with interim possession order);]
[F6(v)any of sections 4, 5, 6(1) and (2), 7 and 8(1) and (2) of the Animal Welfare Act 2006 (offences relating to the prevention of harm to animals);]
[F7(ca)of arresting, in pursuance of section 32(1A) of the Children and Young Persons Act 1969, any child or young person who has been remanded or committed to local authority accommodation under section 23(1) of that Act;
[F8(caa)of arresting a person for an offence to which section 61 of the Animal Health Act 1981 applies;]
(cb)of recapturing any person who is, or is deemed for any purpose to be, unlawfully at large while liable to be detained—
(i)in a prison, remand centre, young offender institution or secure training centre, or
(ii)in pursuance of [F9section 92 of the Powers of Criminal Courts (Sentencing ) Act 2000] (dealing with children and young persons guilty of grave crimes), in any other place;]
(d)of recapturing [F10any person whatever] who is unlawfully at large and whom he is pursuing; or
(e)of saving life or limb or preventing serious damage to property.
(2)Except for the purpose specified in paragraph (e) of subsection (1) above, the powers of entry and search conferred by this section—
(a)are only exercisable if the constable has reasonable grounds for believing that the person whom he is seeking is on the premises; and
(b)are limited, in relation to premises consisting of two or more separate dwellings, to powers to enter and search—
(i)any parts of the premises which the occupiers of any dwelling comprised in the premises use in common with the occupiers of any other such dwelling; and
(ii)any such dwelling in which the constable has reasonable grounds for believing that the person whom he is seeking may be.
(3)The powers of entry and search conferred by this section are only exercisable for the purposes specified in subsection (1)(c)(ii) [F11or (iv)] above by a constable in uniform.
(4)The power of search conferred by this section is only a power to search to the extent that is reasonably required for the purpose for which the power of entry is exercised.
(5)Subject to subsection 6 below, all the rules of common law under which a constable has power to enter premises without a warrant are hereby abolished.
(6)Nothing in subsection (5) above affects any power of entry to deal with or prevent a breach of the peace.
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.
Modifications etc. (not altering text)
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?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
Would you like to continue?
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.
Click 'View More' or select 'More Resources' tab for additional information including: