6 Searching premises - general considerations

6.1 Searches made under warrant must be made within three calendar months of the date the warrant is issued or within the period specified in the enactment under which the warrant is issued if this is shorter.

6.2 Searches must be made at a reasonable hour unless this might frustrate the purpose of the search.

6.3 When the extent or complexity of a search mean it is likely to take a long time, the officer in charge of the search may consider using the seize and sift powers referred to in section 7.

6.3A A warrant under PACE, section 8 may authorise entry to and search of premises on more than one occasion if, on the application, the justice of the peace is satisfied that it is necessary to authorise multiple entries in order to achieve the purpose for which the warrant is issued. No premises may be entered or searched on any subsequent occasions without the prior written authority of an officer of the rank of inspector who is not involved in the investigation. All other warrants authorise entry on one occasion only.

6.3 B Where a warrant under PACE section 8, or Schedule 1, paragraph 12; NSA 2023 Schedule 2, paragraphs 2 or 9; or TACT 2000 Schedule 5 paragraphs 1 or 11, authorises entry to and search of all premises occupied or controlled by a specified person, no premises which are not specified in the warrant may be entered and searched without the prior written authority of an officer of the rank of inspector who is not involved in the investigation.

6.4 The officer in charge of the search shall first try to communicate with the occupier, or any other person entitled to grant access to the premises, explain the authority under which entry is sought and ask the occupier to allow entry, unless:

(i) the search premises are unoccupied;

(ii) the occupier and any other person entitled to grant access are absent;

(iii) there are reasonable grounds for believing that alerting the occupier or any other person entitled to grant access would frustrate the object of the search or endanger officers or other people.

6.5 Unless sub-paragraph 6.4(iii) applies, if the premises are occupied the officer, subject to paragraph 2.9, shall, before the search begins:

(i) identify him or herself, show their warrant card (if not in uniform) and state the purpose of, and grounds for, the search, and

(ii) identify and introduce any person accompanying the officer on the search (such persons should carry identification for production on request) and briefly describe that person’s role in the process.

6.6 Reasonable and proportionate force may be used if necessary to enter premises if the officer in charge of the search is satisfied the premises are those specified in any warrant, or in exercise of the powers described in paragraphs 4.1 to 4.3, and if:

(i) the occupier or any other person entitled to grant access has refused entry;

(ii) it is impossible to communicate with the occupier or any other person entitled to grant access; or

(iii) any of the provisions of paragraph 6.4 apply.

6.7 If an officer conducts a search to which this Code applies the officer shall, unless it is impracticable to do so, provide the occupier with a copy of a Notice in a standard format:

(i) specifying if the search is made under warrant, with consent, or in the exercise of the powers described in paragraphs 4.1 to 4.3. Note: the notice format shall provide for authority or consent to be indicated (see paragraphs 4.3 and 5.1);

(ii) summarising the extent of the powers of search and seizure conferred by PACE and other relevant legislation as appropriate;

(iii) explaining the rights of the occupier and the owner of the property seized;

(iv) explaining compensation may be payable in appropriate cases for damages caused entering and searching premises, and giving the address to send a compensation application (see Note 6A), and

(v) stating this Code is available at any police station.

6.8 If the occupier is:

present; copies of the Notice and warrant shall, if practicable, be given to them before the search begins, unless the officer in charge of the search reasonably believes this would frustrate the object of the search or endanger officers or other people;

not present; copies of the Notice and warrant shall be left in a prominent place on the premises or appropriate part of the premises and endorsed, subject to paragraph 2.9 with the name of the officer in charge of the search, the date and time of the search.

The warrant shall be endorsed to show this has been done.

6.9 Premises may be searched only to the extent necessary to achieve the purpose of the search, having regard to the size and nature of whatever is sought.

6.9A A search may not continue under:

a warrant’s authority once all the things specified in that warrant have been found;

any other power once the object of that search has been achieved.

6.9 B No search may continue once the officer in charge of the search is satisfied whatever is being sought is not on the premises (see Note 6B). This does not prevent a further search of the same premises if additional grounds come to light supporting a further application for a search warrant or exercise or further exercise of another power. For example, when, as a result of new information, it is believed articles previously not found or additional articles are on the premises.

6.10 Searches must be conducted with due consideration for the property and privacy of the occupier and with no more disturbance than necessary. Reasonable force may be used only when necessary and proportionate because the co-operation of the occupier cannot be obtained or is insufficient for the purpose. (See Note 6C.)

6.11 A friend, neighbour or other person must be allowed to witness the search if the occupier wishes unless the officer in charge of the search has reasonable grounds for believing the presence of the person asked for would seriously hinder the investigation or endanger officers or other people. A search need not be unreasonably delayed for this purpose. A record of the action taken should be made on the premises search record including the grounds for refusing the occupier’s request.

6.12 A person is not required to be cautioned prior to being asked questions that are solely necessary for the purpose of furthering the proper and effective conduct of a search, see Code C, paragraph 10.1(c). For example, questions to discover the occupier of specified premises, to find a key to open a locked drawer or cupboard or to otherwise seek co-operation during the search or to determine if a particular item is liable to be seized.

6.12 A If questioning goes beyond what is necessary for the purpose of the exemption in Code C, the exchange is likely to constitute an interview as defined by Code C, paragraph 11.1A and would require the associated safeguards included in Code C, section 10.

6.13 If premises have been entered by force, before leaving the officer in charge of the search must make sure they are secure by:

arranging for the occupier or their agent to be present;

any other appropriate means.

6.14 An officer shall be appointed as the officer in charge of the search (see paragraph 2.10), in respect of any search made under a warrant issued under PACE Act 1984, Schedule 1, or the Terrorism Act 2000, Schedule 5 or the National Security Act 2023, Schedule 2. They are responsible for making sure the search is conducted with discretion and in a manner that causes the least possible disruption to any business or other activities carried out on the premises.

6.15 Once the officer in charge of the search is satisfied material may not be taken from the premises without their knowledge, they shall ask for the documents or other records concerned. The officer in charge of the search may also ask to see the index to files held on the premises, and the officers conducting the search may inspect any files which, according to the index, appear to contain the material sought. A more extensive search of the premises may be made only if:

the person responsible for them refuses to:

produce the material sought, or

allow access to the index.

it appears the index is:

inaccurate, or

incomplete.

for any other reason the officer in charge of the search has reasonable grounds for believing such a search is necessary in order to find the material sought.

6A Whether compensation is appropriate depends on the circumstances in each case. Compensation for damage caused when effecting entry is unlikely to be appropriate if the search was lawful, and the force used can be shown to be reasonable, proportionate and necessary to effect entry. If the wrong premises are searched by mistake everything possible should be done at the earliest opportunity to allay any sense of grievance and there should normally be a strong presumption in favour of paying compensation.

6B It is important that, when possible, all those involved in a search are fully briefed about any powers to be exercised and the extent and limits within which it should be conducted.

6C In all cases the number of officers and other persons involved in executing the warrant should be determined by what is reasonable and necessary according to the particular circumstances.