C3C4C5Part II Powers of Entry, Search and Seizure

Annotations:
Modifications etc. (not altering text)
C3

Pt. II (ss. 8-23) extended (10.6.1991) by Criminal Justice (International Co-operation) Act 1990 (c. 5, SIF 39:1), s. 7(1); S.I. 1991/1072, art. 2 Sch. Pt. I

Pt. II (ss. 8-23) applied (with modifications) (17.5.1996) by S.I. 1996/1296, art. 16(1)

Pt. II (ss. 8-23) amended (17.5.1996) by S.I. 1996/1296, art. 16(7)(b)

Pt. II (ss. 8-23) applied (with modifications) (15.3.1996) by S.I. 1996/716, art. 16(1)

Pt. II (ss. 8-23) modified (1.9.2001) by 2001 c. 17, s. 33; S.I. 2001/2161, art. 2 (subject to art. 3)

Pt. II (ss. 8-23): Powers of seizure extended (1.4.2003) by 2001 c. 16, ss. 50, 52-54, 68, Sch. 1 Pt. 1 para 1; S.I. 2003/708, art. 2(a)(j)

Entry and search without search warrant

C117 Entry for purpose of arrest etc.

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—

a

of executing—

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;

C2b

of arresting a person for an F1indictable offence;

c

of arresting a person for an offence under—

i

section 1 (prohibition of uniforms in connection with political objects), . . . F2 of the M2Public Order Act 1936;

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);

F3iii

section 4 of the Public Order Act 1986 (fear or provocation of violence);

F4iiia

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);

F5iv

section 76 of the Criminal Justice and Public Order Act 1994 (failure to comply with interim possession order);

F6v

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);

F7ca

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;

F8caa

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.

C22

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.

C24

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.