Entry, search and seizure powers.
Entering premises under PACE sections 17, 18 and 32, search warrants, the general power of seizure, seize and sift, licensed premises and dangerous dogs.
8 powers · the conditions, who can use them and the safeguards
Quick reference
| Power | Legislation | Who can use it | What it allows |
|---|---|---|---|
| Entry and search after arrest | Police and Criminal Evidence Act 1984, s.18 | A constable, with an inspector's written authority (unless s.18(5) applies) | 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 to arrest or save life | Police and Criminal Evidence Act 1984, s.17 | A constable (in uniform for some purposes) | Lets a constable enter and search premises without a warrant to arrest or recapture someone, or to save life or limb or prevent serious damage to property. |
| Entry to investigate licensable activities | Licensing Act 2003, ss.179–180 | A constable or authorised person (s.180 – constable only) | Lets a constable enter premises without a warrant to check that licensable activities are licensed and run within the rules, and to enter and search premises for offences under the Licensing Act 2003. |
| General power of seizure | Police and Criminal Evidence Act 1984, s.19 | A constable lawfully on the premises | Lets a constable who is lawfully on any premises seize anything there that they reasonably believe is evidence of an offence or was obtained by an offence, where seizure is needed to stop it being lost or destroyed. |
| Search upon arrest | Police and Criminal Evidence Act 1984, s.32 | A constable | After arresting someone away from a police station, an officer may search them for danger, escape items or evidence, and for an indictable offence may search the premises where they were arrested or were immediately before. |
| Search warrants | Police and Criminal Evidence Act 1984, ss.8, 15–16 | A constable (applies to a justice of the peace; any constable may execute) | 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. |
| Seize and sift | Criminal Justice and Police Act 2001, ss.50–51 | A person lawfully searching under a listed power (usually a constable) | Lets an officer who is already lawfully searching take items away to sort through elsewhere when it is not reasonably practicable to work out on the spot what can be seized, or to separate it from other material. |
| Seizure of dangerous dogs | Dangerous Dogs Act 1991, s.5 | A constable or authorised local authority officer (seizure); a constable (warrant) | Lets a constable or authorised council officer seize prohibited or dangerously out of control dogs, and lets a justice issue a warrant for a constable to enter premises, search and seize dogs or evidence of an offence under the Act. |
Tap a power for the numbered conditions, the safeguards and the key definitions.