2 General

2.1 This Code must be readily available at all police stations for consultation by:

police officers

police staff

detained persons

members of the public

2.2 The Notes for Guidance included are not provisions of this Code.

2.3 This Code applies to searches of premises:

(a) by police for the purposes of an investigation into an alleged offence, with the occupier’s consent, other than:

routine scene of crime searches;

calls to a fire or burglary made by or on behalf of an occupier or searches following the activation of fire or burglar alarms or discovery of insecure premises;

searches when paragraph 5.4 applies;

bomb threat calls;

(b) under powers conferred on police officers by PACE, sections 17, 18 and 32;

(c) undertaken in pursuance of search warrants issued to and executed by constables in accordance with PACE, sections 15 and 16 (see Note 2A);

(d) subject to paragraph 2.6, under any other power given to police to enter premises with or without a search warrant for any purpose connected with the investigation into an alleged, suspected or anticipated offence. (See Note 2B.)

For the purposes of this Code, ‘premises’ as defined in PACE, section 23, includes any place, vehicle, vessel, aircraft, hovercraft, tent or movable structure and any offshore installation as defined in the Mineral Workings (Offshore Installations) Act 1971, section 1. (See Note 2D.)

2.4 A person who has not been arrested but is searched during a search of premises should be searched in accordance with Code A. (See Note 2C.)

2.5 This Code does not apply to the exercise of a statutory power to enter premises or to inspect goods, equipment or procedures if the exercise of that power is not dependent on the existence of grounds for suspecting that an offence may have been or is about to be committed and the person exercising the power has no reasonable grounds for such suspicion.

2.6 This Code does not affect any directions or requirements of a search warrant, order or other power to search and seize lawfully exercised in England or Wales that any item or evidence seized under that warrant, order or power be handed over to a police force, court, tribunal, or other authority outside England or Wales. For example, warrants and orders issued in Scotland or Northern Ireland (see Note 2B(f)) and search warrants and powers provided for in sections 14 to 17 of the Crime (International Co-operation) Act 2003.

2.7 When this Code requires the prior authority or agreement of an officer of at least inspector or superintendent rank, that authority may be given by a sergeant or chief inspector authorised to perform the functions of the higher rank under PACE, section 107.

2.8 Written records required under this Code not made in the search record shall, unless otherwise specified, be made:

in the recording officer’s pocket book (‘pocket book’ includes any official report book issued to police officers) or

on forms provided for the purpose

2.9 Nothing in this Code requires the identity of officers, or anyone accompanying them during a search of premises, to be recorded or disclosed:

(a) in the case of enquiries linked to national security including terrorism; or

(b) if officers reasonably believe recording or disclosing their names might put them in danger.

In these cases officers should use warrant or other identification numbers and the name of their police station. Police staff should use any identification number provided to them by the police force. (See Note 2E.)

2.10 The ‘officer in charge of the search’ means the officer assigned specific duties and responsibilities under this Code. Whenever there is a search of premises to which this Code applies one officer must act as the officer in charge of the search. (See Note 2F.)

2.11 In this Code:

(a) ‘designated person’ means a person other than a police officer, designated under the Police Reform Act 2002, Part 4 who has specified powers and duties of police officers conferred or imposed on them. (See Note 2G.)

(b) any reference to a police officer includes a designated person acting in the exercise or performance of the powers and duties conferred or imposed on them by their designation.

(c) a person authorised to accompany police officers or designated persons in the execution of a warrant has the same powers as a constable in the execution of the warrant and the search and seizure of anything related to the warrant. These powers must be exercised in the company and under the supervision of a police officer. (See Note 3C.)

2.12 If a power conferred on a designated person:

(a) allows reasonable force to be used when exercised by a police officer, a designated person exercising that power has the same entitlement to use force;

(b) includes power to use force to enter any premises, that power is not exercisable by that designated person except:

(i) in the company and under the supervision of a police officer; or

(ii) for the purpose of:

saving life or limb; or

preventing serious damage to property.

2.13 Designated persons must have regard to any relevant provisions of the Codes of Practice.

2A PACE sections 15 and 16 apply to all search warrants issued to and executed by constables under any enactment, e.g. search warrants issued by a:

(a) justice of the peace under the:

Theft Act 1968, section 26 - stolen property;

Misuse of Drugs Act 1971, section 23 - controlled drugs;

PACE, section 8 - evidence of an indictable offence;

Terrorism Act 2000, Schedule 5, paragraph 1;

Terrorism Prevention and Investigation Measures Act 2011, Schedule 5, paragraph 8(2)(b) search of premises for compliance purposes (see paragraph 10.1);

National Security Act 2023, Schedule 2, paragraph 2(1)

National Security Act 2023, Schedule 11, paragraph 8(2)(b) search of residence or other premises for compliance purposes in relation to State Threats Prevention and Investigation Measures (STPIMs)

(b) Circuit judge under:

PACE, Schedule 1;

Terrorism Act 2000, Schedule 5, paragraph 11.

(ba) A judge entitled to exercise the jurisdiction of the Crown Court under the National Security Act 2023, Schedule 2, paragraph 9(1)

2B Examples of the other powers in paragraph 2.3(d) include:

(a) Road Traffic Act 1988, section 6E(1) giving police power to enter premises under section 6E(1) to:

require a person to provide a specimen of breath; or

arrest a person following:

a positive breath test;

failure to provide a specimen of breath;

(b) Transport and Works Act 1992, section 30(4) giving police powers to enter premises mirroring the powers in (a) in relation to specified persons working on transport systems to which the Act applies;

(c) Criminal Justice Act 1988, section 139B giving police power to enter and search school premises for offensive weapons, bladed or pointed articles;

(d) Terrorism Act 2000, Schedule 5, paragraphs 3 and 15 empowering a superintendent in urgent cases to give written authority for police to enter and search premises for the purposes of a terrorist investigation;

(da) National Security Act 2023, Schedule 2, paragraph 12 empowering a Superintendent in urgent cases to give written authority for police to enter and search a premises for the purposes of a state threats investigation;

(e) Explosives Act 1875, section 73(b) empowering a superintendent to give written authority for police to enter premises, examine and search them for explosives;

(f) search warrants and production orders or the equivalent issued in Scotland or Northern Ireland endorsed under the Summary Jurisdiction (Process) Act 1881 or the Petty Sessions (Ireland) Act 1851 respectively for execution in England and Wales.

(g) Terrorism Prevention and Investigation Measures Act 2011, Schedule 5, paragraphs 5(1), 6(2)(b) and 7(2), searches relating to TPIM notices (see paragraph 10.1).

(ga) National Security Act 2023, Schedule 11, paragraphs 5(1), 6(2)(b) and 8(2)(b) searches relating to STPIM notices

2C The Criminal Justice Act 1988, section 139B provides that a constable who has reasonable grounds to suspect an offence under the Criminal Justice Act 1988, section 139A or 139AAhas or is being committed may enter school premises and search the premises and any persons on the premises for any bladed or pointed article or offensive weapon. Persons may be searched under a warrant issued under the Misuse of Drugs Act 1971, section 23(3) to search premises for drugs or documents only if the warrant specifically authorises the search of persons on the premises. Powers to search premises under certain national security provisions also authorise the search of persons on the premises, for example, under paragraphs 1, 2, 11 and 15 of Schedule 5 to the Terrorism Act 2000, section 52 of the Anti-terrorism, Crime and Security Act 2001 and paragraphs 2, 9 and 12 of the National Security Act 2023

2D The Immigration Act 1971, Part III and Schedule 2 gives immigration officers powers to enter and search premises, seize and retain property, with and without a search warrant. These are similar to the powers available to police under search warrants issued by a justice of the peace and without a warrant under PACE, sections 17, 18, 19 and 32 except they only apply to specified offences under the Immigration Act 1971 and immigration control powers. For certain types of investigations and enquiries these powers avoid the need for the Immigration Service to rely on police officers becoming directly involved. When exercising these powers, immigration officers are required by the Immigration and Asylum Act 1999, section 145 to have regard to this Code’s corresponding provisions. When immigration officers are dealing with persons or property at police stations, police officers should give appropriate assistance to help them discharge their specific duties and responsibilities.

2E The purpose of paragraph 2.9(b) is to protect those involved in serious organised crime investigations or arrests of particularly violent suspects when there is reliable information that those arrested or their associates may threaten or cause harm to the officers or anyone accompanying them during a search of premises. In cases of doubt, an officer of inspector rank or above should be consulted.

2F For the purposes of paragraph 2.10, the officer in charge of the search should normally be the most senior officer present. Some exceptions are:

(a) a supervising officer who attends or assists at the scene of a premises search may appoint an officer of lower rank as officer in charge of the search if that officer is:

more conversant with the facts;

a more appropriate officer to be in charge of the search;

(b) when all officers in a premises search are the same rank. The supervising officer if available, must make sure one of them is appointed officer in charge of the search, otherwise the officers themselves must nominate one of their number as the officer in charge;

(c) a senior officer assisting in a specialist role. This officer need not be regarded as having a general supervisory role over the conduct of the search or be appointed or expected to act as the officer in charge of the search.

Except in (c), nothing in this Note diminishes the role and responsibilities of a supervisory officer who is present at the search or knows of a search taking place.

2G An officer of the rank of inspector or above may direct a designated investigating officer not to wear a uniform for the purposes of a specific operation.