The powers library21 of 59 Entry, search and seizure

Entry and search after arrest

s.18Police and Criminal Evidence Act 1984

Lets a constable enter and search premises occupied or controlled by a person under arrest for an indictable offence, to look for evidence of that offence or a connected or similar one.

Entry and search after arrest · Police and Criminal Evidence Act 1984, s.18Card 21 / 59

When you can use it

s.18(1)The person is under arrest for an indictable offence
The premises are occupied or controlled by the arrested person
Reasonable grounds for suspecting there is evidence on the premises relating to that offence, or to another indictable offence connected with or similar to it
The evidence sought is not items subject to legal privilege
s.18(4)An inspector or above has authorised the search in writing, or
s.18(5), (5A)No authorisation is needed if the search is made before the person is taken to a police station or released under s.30A, and their presence somewhere other than a police station is necessary for the effective investigation of the offence

What it allows

Entry to and search of any premises the arrested person occupies or controls, using reasonable force if needed (s.117; Code B para 6.6).
Search only to the extent reasonably required to find the evidence sought (s.18(3)). Stop once it is found, or once it is clear it is not there (Code B paras 6.9 to 6.9B).
Seizure and retention of anything that may be searched for (s.18(2)).

Key definitions

Indictable offence – includes either way offences.
Premises – s.23: any place, including a vehicle, vessel, aircraft, tent or movable structure.
Occupied or controlled – the authorising officer must be satisfied the arrested person occupies or controls them (Code B para 4.3).
Items subject to legal privilege – s.10: mainly lawyer–client communications about legal advice or proceedings. They cannot be searched for under s.18.

Safeguards

The authorising officer, or the inspector told about a s.18(5) search, must record in writing the grounds for the search and the nature of the evidence sought (s.18(7)). If the occupier is in police detention, this goes in their custody record (s.18(8)).
Code B para 4.3: the authority should be recorded on the Notice of Powers and Rights if possible. With no custody record, the grounds go in the pocket book or search record.
After a s.18(5) search, tell an inspector or above as soon as practicable (s.18(6)).
Give the occupier a Notice of Powers and Rights unless impracticable (Code B para 6.7). Search at a reasonable hour unless that would frustrate it, with due regard for property and privacy (Code B paras 6.2, 6.10).
Make a search record on arrival at the police station (Code B para 8.1).

Good to know

Exam trap: s.32 covers the premises where the person was arrested or immediately before arrest, needs reasonable belief, and covers only the arrest offence. Section 18 covers premises they occupy or control, needs only suspicion, and extends to connected or similar indictable offences.
Seizure under s.18(2) can extend to the whole premises, such as a tent or caravan (Code B Note 7B).
A sergeant authorised by a superintendent or above under s.107(2) to act as an inspector may give the written authority (Code B para 2.7).

Legislation: Police and Criminal Evidence Act 1984, s.18 (opens legislation.gov.uk in a new tab)
Who can use it: A constable, with an inspector's written authority (unless s.18(5) applies)
Last checked: 3 November 2026, against the current law on legislation.gov.uk

Entry and search after arrest: questions people ask

When can the police use entry and search after arrest?

1. The person is under arrest for an indictable offence 2. The premises are occupied or controlled by the arrested person 3. Reasonable grounds for suspecting there is evidence on the premises relating to that offence, or to another indictable offence connected with or similar to it 4. The evidence sought is not items subject to legal privilege 5. An inspector or above has authorised the search in writing, or 6. No authorisation is needed if the search is made before the person is taken to a police station or released under s.30A, and their presence somewhere other than a police station is necessary for the effective investigation of the offence

Who can use entry and search after arrest?

A constable, with an inspector's written authority (unless s.18(5) applies)

What law gives the power for entry and search after arrest?

Police and Criminal Evidence Act 1984, s.18.

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