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4 Entry without warrant - particular powers

PACE Code B (2023) (SI 2023/1422) · issued under s.66 PACE 1984

A Code of Practice issued under section 66 of the Police and Criminal Evidence Act 1984; admissible in evidence in criminal and civil proceedings and relevant to any question of admissibility under section 67(11) PACE 1984.

4 Entry without warrant - particular powers

(a) Making an arrest etc

4.1 The conditions under which an officer may enter and search premises without a warrant are set out in PACE, section 17. It should be noted that this section does not create or confer any powers of arrest. See other powers in Note 2B(a).

(b) Search of premises where arrest takes place or the arrested person was immediately before arrest

4.2 When a person has been arrested for an indictable offence, a police officer has power under PACE, section 32 to search the premises where the person was arrested or where the person was immediately before being arrested.

(c) Search of premises occupied or controlled by the arrested person

4.3 The specific powers to search premises which are occupied or controlled by a person arrested for an indictable offence are set out in PACE, section 18. They may not be exercised, except if section 18(5) applies, unless an officer of inspector rank or above has given written authority. That authority should only be given when the authorising officer is satisfied that the premises are occupied or controlled by the arrested person and that the necessary grounds exist. If possible the authorising officer should record the authority on the Notice of Powers and Rights and, subject to paragraph 2.9, sign the Notice. The record of the grounds for the search and the nature of the evidence sought as required by section 18(7) of the Act should be made in:

the custody record if there is one, otherwise

the officer’s pocket book, or

the search record.

Reproduced verbatim from PACE Code B (2023) as captured. Codes of Practice are periodically reissued — always verify against the current published Code on GOV.UK before you rely on it. This is a reference, not legal advice.
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Official sources

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  • PACE Code B (2023) on GOV.UK

    The current, authoritative published version of this Code of Practice.

    Last checked: 2023-12-20
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Source: PACE Codes of Practice (GOV.UK, Home Office), Crown copyright, Open Government Licence v3.0.