Does a police officer always need a warrant to enter premises?

No. PACE 1984 gives several powers of entry without a warrant, including section 17 (to arrest for an indictable offence, recapture a person unlawfully at large, or save life or limb / prevent serious damage), section 18 (search after arrest, with Inspector authority) and section 32 (search on arrest). A warrant is needed for powers such as section 8 PACE, section 23 Misuse of Drugs Act 1971 and section 135 Mental Health Act 1983.

What must an officer do after entering premises under a power of entry?

Record the legal authority for entry — the power used, the time of entry, and the grounds — in the pocket notebook. Lack of lawful authority renders the search unlawful and evidence obtained may be excluded under section 78 PACE.

Can police enter premises without a warrant to deal with a breach of the peace?

Yes — a common law power allows entry to prevent or deal with a breach of the peace that is occurring or is imminent, for use when violence is happening or about to happen and entry is necessary to prevent it.

Powers of Entry

The statutory and common law powers of entry to premises — with and without a warrant — for arrest, search after arrest, life-threatening emergencies and welfare/mental-health situations, an officer quick-reference cited to PACE 1984 and related legislation.

Unofficial independent resource — always verify with official sources (College of Policing, your force, PFEW).

Reviewed by the BlueLineHub Editorial Team

Last reviewed: 25 August 2026 · Next review due: 25 February 2027

Reviewed by BlueLineHub Editorial

What powers let police enter premises without a warrant, and when is a warrant required?

The main powers of entry without a warrant are under PACE 1984: section 17 (to arrest for an indictable offence, to arrest for certain specified offences such as an offence under s.4 of the Public Order Act 1986, to recapture a person unlawfully at large, and to save life or limb or prevent serious damage to property), section 18 (search after arrest, requiring Inspector authority) and section 32 (search on arrest, of premises the arrested person was in immediately before or at the time of arrest). A common law power also allows entry to prevent or deal with a breach of the peace that is occurring or is imminent.

Where none of those apply, an officer may apply to a Justice of the Peace for a warrant: section 8 PACE (evidence of an indictable offence), section 23 Misuse of Drugs Act 1971 (controlled drugs) or section 135 Mental Health Act 1983 (to remove a person believed to be suffering from a mental disorder and being ill-treated, neglected, or kept otherwise than under proper control). Lack of lawful authority for entry renders the search unlawful and evidence obtained may be excluded under section 78 PACE.

All operational references

A reference to the main powers of entry to premises — with and without a warrant — under PACE 1984, related statutes and common law. It is educational reference, not tactical guidance — follow your force policy, training and current law.

Key police powers to enter premises — with and without warrant. Know your legal authority before you cross the threshold.

Powers of entry — overview

The main powers to enter premises available to constables, with or without a warrant.

Power	Description	Warrant	Notes
s.17(1)(a–d) PACE — Enter to Arrest	Enter and search premises to arrest a person for an indictable offence, or to recapture a person unlawfully at large.	No warrant	Must have reasonable grounds to believe the person is on the premises.
s.17(1)(e) PACE — Save Life or Prevent Serious Damage	Enter premises to save life or limb, or to prevent serious damage to property.	No warrant	The broadest entry power. Commonly used for welfare checks when there is genuine concern for life.
s.17(1)(c) PACE — Arrest for Specified Offences	Enter and search premises to arrest a person for one of the offences specified in s.17(1)(c) — for example an offence under s.4 of the Public Order Act 1986 (fear or provocation of violence).	No warrant	Limited to the specific offences listed in s.17(1)(c). (s.17(1)(cb) is a separate power, to recapture a person unlawfully at large.)
s.18 PACE — Search After Arrest	Search premises occupied or controlled by a person under arrest for an indictable offence.	No warrant	Requires Inspector authority (can be given orally and confirmed in writing). The search must be connected to the offence of arrest.
s.32 PACE — Search on Arrest	Enter and search premises the arrested person was in immediately before or at the time of arrest.	No warrant	Limited to searching for evidence relating to the offence for which the person was arrested.
s.8 PACE — Warrant from Magistrate	Apply to a Justice of the Peace for a warrant to enter and search premises for evidence of an indictable offence.	Warrant required	Written application required with reasonable grounds. The warrant specifies the premises and articles sought.
s.23 Misuse of Drugs Act 1971 — Drug Search Warrant	Warrant to enter and search premises for controlled drugs.	Warrant required	Issued by a Justice of the Peace. Authorises search of premises and any persons found therein.
s.135 Mental Health Act 1983 — Mental Health Warrant	Warrant to enter premises to remove a person believed to be suffering from a mental disorder and being ill-treated, neglected, or kept otherwise than under proper control.	Warrant required	Must be accompanied by an Approved Mental Health Professional (AMHP) and a doctor.
Common Law — Breach of the Peace	Enter premises to prevent or deal with a breach of the peace that is occurring or is imminent.	No warrant	A common law power — use when violence is happening or about to happen and entry is necessary to prevent it.

Frequently asked

Does a police officer always need a warrant to enter premises?: No. PACE 1984 gives several powers of entry without a warrant, including section 17 (to arrest for an indictable offence, recapture a person unlawfully at large, or save life or limb / prevent serious damage), section 18 (search after arrest, with Inspector authority) and section 32 (search on arrest). A warrant is needed for powers such as section 8 PACE, section 23 Misuse of Drugs Act 1971 and section 135 Mental Health Act 1983.
What must an officer do after entering premises under a power of entry?: Record the legal authority for entry — the power used, the time of entry, and the grounds — in the pocket notebook. Lack of lawful authority renders the search unlawful and evidence obtained may be excluded under section 78 PACE.
Can police enter premises without a warrant to deal with a breach of the peace?: Yes — a common law power allows entry to prevent or deal with a breach of the peace that is occurring or is imminent, for use when violence is happening or about to happen and entry is necessary to prevent it.