The powers library23 of 59 Entry, search and seizure

Search warrants

15–16Police and Criminal Evidence Act 1984, ss.8

Lets a justice of the peace issue a warrant for a constable to enter and search premises for evidence of an indictable offence, where entry by consent is not practicable or would defeat the search.

Search warrants · Police and Criminal Evidence Act 1984, ss.8, 15–16Card 23 / 59

When you can use it

s.8(1)Application by a constable to a justice of the peace
Code B 3.4Signed written authority from an inspector or above (if urgent and none is readily available, the next most senior officer on duty)
The justice is satisfied there are reasonable grounds for believing:
(a) an indictable offence has been committed
(b) there is material on the premises likely to be of substantial value to the investigation
(c) the material is likely to be relevant evidence
(d) it does not consist of or include items subject to legal privilege, excluded material or special procedure material
(e) one of the s.8(3) conditions applies: no one entitled to grant entry can be contacted; someone can grant entry but no one entitled to grant access to the evidence can be contacted; entry will not be granted without a warrant; or the purpose may be frustrated or seriously prejudiced unless immediate entry can be secured

What it allows

Any constable may enter and search the premises named in the warrant (s.16(1)).
Seizing and retaining anything for which the search is authorised (s.8(2)).
One entry only, unless the warrant authorises multiple entries, unlimited or up to a stated maximum (ss.8(1C)–(1D), 15(5)).
Searching only to the extent required for the purpose of the warrant (s.16(8)).

Key definitions

Relevant evidence – s.8(4): anything that would be admissible at a trial for the offence.
Specific premises warrant – covers one or more sets of premises named in the warrant (s.8(1A)).
All premises warrant – covers any premises occupied or controlled by a named person. The justice must be satisfied it is necessary and not reasonably practicable to list them all (s.8(1B)).
Premises – s.23: any place, including a vehicle, tent or movable structure.

Safeguards

Application – made without notice, supported by written information, stating the grounds, the enactment, the premises and, as far as practicable, the articles sought. The constable must answer the justice’s questions on oath (s.15(2)–(4)).
Time – execute within 3 months of issue, at a reasonable hour unless that would frustrate the search (s.16(3), (4)).
Inspector authority – needed in writing for unlisted premises under an all premises warrant, and for each entry after the first (s.16(3A)–(3B)).
On arrival – identify yourself (warrant card if not in uniform), produce the warrant and give the occupier a copy. If the occupier is absent, do this for anyone in charge; if no one, leave a copy in a prominent place (s.16(5)–(7)). Give the Notice of Powers and Rights (Code B 6.7).
Afterwards – endorse the warrant and return it (s.16(9)–(10)). It is kept for 12 months, and the occupier may inspect it. Make a search record (Code B 8.1).

Good to know

Entry or search that does not comply with ss.15 and 16 is unlawful (s.15(1)). These sections apply to warrants under any Act, not just s.8.
Excluded and special procedure material needs an application to a Circuit judge under Schedule 1, not a justice of the peace.
Other items found can be seized under s.19 if the conditions there are met.
Obstructing officers executing a warrant may be an offence under the Police Act 1996, s.89(2).

Legislation: Police and Criminal Evidence Act 1984, ss.8, 15–16 (opens legislation.gov.uk in a new tab)
Who can use it: A constable (applies to a justice of the peace; any constable may execute)
Last checked: 3 November 2026, against the current law on legislation.gov.uk

Search warrants: questions people ask

When can the police use search warrants?

1. Application by a constable to a justice of the peace 2. Signed written authority from an inspector or above (if urgent and none is readily available, the next most senior officer on duty) 3. The justice is satisfied there are reasonable grounds for believing: 4. (a) an indictable offence has been committed 5. (b) there is material on the premises likely to be of substantial value to the investigation 6. (c) the material is likely to be relevant evidence 7. (d) it does not consist of or include items subject to legal privilege, excluded material or special procedure material 8. (e) one of the s.8(3) conditions applies: no one entitled to grant entry can be contacted; someone can grant entry but no one entitled to grant access to the evidence can be contacted; entry will not be granted without a warrant; or the purpose may be frustrated or seriously prejudiced unless immediate entry can be secured

Who can use search warrants?

A constable (applies to a justice of the peace; any constable may execute)

What law gives the power for search warrants?

Police and Criminal Evidence Act 1984, ss.8, 15–16.

More entry, search and seizure powers

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