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POLICE AND CRIMINAL EVIDENCE ACT 1984

UK Public General Acts

Version 15/08/2010

1984 CHAPTER 60

Default Geographical Extent: E+W+S+N.I.


  • Part I. Powers to Stop and Search
  • Part II (E+W). Powers of Entry, Search and Seizure
    • Search warrants (E+W)
    • Entry and search without search warrant (E+W)
    • Seizure etc. (E+W)
    • Supplementary (E+W)
  • Part III (E+W). Arrest
  • Part IV (E+W). Detention
    • Detention—conditions and duration (E+W)
    • Detention—miscellaneous (E+W)
  • Part V (E+W). Questioning and Treatment of Persons by Police
  • Part VI (E+W). Codes of Practice—General
  • Part VII. Documentary Evidence in Criminal Proceedings
  • Part VIII. Evidence in Criminal Proceedings—General
    • Convictions and acquittals
    • Confessions
    • Miscellaneous
    • Part VIII—supplementary
  • Part IX. Police Complaints and Discipline
    • The Police Complaints Authority
    • Handling of complaints etc. (E+W)
    • Amendments of discipline provisions (E+W)
    • General (E+W)
  • Part X. Police—General
  • Part XI. Miscellaneous and Supplementary
  • Version 15/08/2010
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  • Version 01/04/2010
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  • Version 01/02/2010
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  • Version 12/01/2010
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  • Version 14/12/2009
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  • Version 16/11/2009
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  • Version 13/11/2009
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  • Version 31/10/2009
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  • Version 28/03/2009
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  • Version 21/07/2008
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  • Version 01/01/2008
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  • Version 12/12/2007
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  • Version 08/11/2007
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  • Version 01/10/2007
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  • Version 01/09/2007
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  • Version 22/08/2007
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  • Version 19/07/2007
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  • Version 04/06/2007
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  • Version 01/04/2007
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  • Version 27/03/2007
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  • Version 15/01/2007
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  • Version 01/01/2007
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  • Version 01/01/2006
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  • Version 05/12/2005
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  • Version 01/12/2005
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  • Version 24/11/2005
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  • Version 14/11/2005
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  • Version 01/08/2005
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  • Version 01/07/2005
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  • Version 09/05/2005
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  • Version 18/04/2005
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  • Version 07/04/2005
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  • Version 04/04/2005
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  • Version 01/04/2005
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  • Version 21/03/2005
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  • Version 11/03/2005
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  • Version 15/12/2004
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  • Version 05/10/2004
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  • Version 01/09/2004
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Introductory Text

Police and Criminal Evidence Act 1984

1984 CHAPTER 60

An Act to make further provision in relation to the powers and duties of the police, persons in police detention, criminal evidence, police discipline and complaints against the police; to provide for arrangements for obtaining the views of the community on policing and for a rank of deputy chief constable; to amend the law relating to the Police Federations and Police Forces and Police Cadets in Scotland; and for connected purposes.

[31st October 1984]

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

Annotations:

Modifications etc. (not altering text)

C1 By Criminal Justice Act 1991 (c.53, SIF 39:1), s. 101(1), Sch. 12 para. 23; S.I. 1991/2208, art. 2(1), Sch. 1 it is provided (14.10.1991) that in relation to any time before the commencement of s.70 of that 1991 Act (which came into force on 1.10.1992 by S.I. 1992/333, art. 2(2), Sch. 2) references in any enactment amended by that 1991 Act, to youth courts shall be construed as references to juvenile courts.

C2 Act extended (15.4.1992) by S.I. 1992/975, art. 16(13).

Act extended (5.6.1992) by S.I. 1992/1302, art. 17(13).

Act extended (2.8.1993) by S.I. 1993/1813, art. 6, Sch. 3 para. 2(1)(a); and Act extended by the said S.I. 1993/1813, art. 6, Sch. 3 para. 2 as incorporated (with modifications) (1.12.1997) by S.I. 1994/1405, art. 6, Sch. 3 para. 3

Act amended (17.5.1996) by S.I. 1996/1296, art. 16(7)(a)

Act amended (16.6.2000) by S.I. 2000/1556, art. 17(12)

Act extended (temp.) (1.11.1997) by S.I. 1997/2592, arts. 1(2), 12(12)

C3 Act: power to apply certain provisions (with modifications) conferred (1.10.2002) by Police Reform Act 2002 (c. 30), ss. 13, 108(2)-(5), Sch. 3 Pt. 3 para. 19(6) (with s. 14(1)); S.I. 2002/2306, art. 4(e)

Act: power to apply certain provisions (with modifications) conferred (8.11.2006) by Armed Forces Act 2006 (c. 52), ss. 373(6), 383 (with s. 385)

C4 Act applied (14.2.2000) by 1971 c. 77, s. 28D(5) (as inserted (14.2.2000) by 1999 c. 33, ss. 131; S.I. 2000/168, art. 2, Sch.)

Act applied (with modifications) (14.10.2002) by The Police and Criminal Evidence Act 1984 (Department of Trade and Industry Investigations) Order 2002 (S.I. 2002/2326), art. 3(1)(b)

C5 Act modified (11.2.2005) by The Ivory Coast (United Nations Sanctions) Order 2005 (S.I. 2005/253), art. 9(12)

Act modified (11.3.2005) by Prevention of Terrorism Act 2005 (c. 2), s. 5(7)(b)(i)

Act applied (with modifications) (1.4.2006) by The Serious Organised Crime and Police Act 2005 (Application and Modification of Certain Enactments to Designated Staff of SOCA) Order 2006 (S.I. 2006/987), art. 3, Sch. 1

C6 Act: certain provisions applied (with modifications) (1.12.2007) by The Police and Criminal Evidence Act 1984 (Application to Revenue and Customs) Order 2007 (S.I. 2007/3175), arts. 3-19, Schs. 1, 2 (as amended (19.3.2010) by (S.I. 2010/360), {art. 2})

C7 Act: power to apply (with modifications) conferred (21.7.2009) by Borders, Citizenship and Immigration Act 2009 (c. 11), s. 23 (with s. 36(4))


Part I
Powers to Stop and Search



Annotations:

Modifications etc. (not altering text)

C8 Pt. I incorporated (E.W.S.) (16.5.2008) by The London Gateway Port Harbour Empowerment Order 2008 (S.I. 2008/1261), art. 52


1 Power of constable to stop and search persons, vehicles etc. (E+W)

(1) A constable may exercise any power conferred by this section—

(a) in any place to which at the time when he proposes to exercise the power the public or any section of the public has access, on payment or otherwise, as of right or by virtue of express or implied permission; or
(b) in any other place to which people have ready access at the time when he proposes to exercise the power but which is not a dwelling.
(2) Subject to subsection (3) to (5) below, a constable—

(a) may search—
(i) any person or vehicle;
(ii) anything which is in or on a vehicle,
for stolen or prohibited articles [F1 , any article to which subsection (8A) below applies or any firework to which subsection (8B) below applies] F1 ; and
(b) may detain a person or vehicle for the purpose of such a search.
(3) This section does not give a constable power to search a person or vehicle or anything in or on a vehicle unless he has reasonable grounds for suspecting that he will find stolen or prohibited articles [F2 , any article to which subsection (8A) below applies or any firework to which subsection (8B) below applies] F2 .

(4) If a person is in a garden or yard occupied with and used for the purposes of a dwelling or on other land so occupied and used, a constable may not search him in the exercise of the power conferred by this section unless the constable has reasonable grounds for believing—

(a) that he does not reside in the dwelling; and
(b) that he is not in the place in question with the express or implied permission of a person who resides in the dwelling.
(5) If a vehicle is in a garden or yard occupied with and used for the purposes of a dwelling or on other land so occupied and used, a constable may not search the vehicle or anything in or on it in the exercise of the power conferred by this section unless he has reasonable grounds for believing—

(a) that the person in charge of the vehicle does not reside in the dwelling; and
(b) that the vehicle is not in the place in question with the express or implied permission of a person who resides in the dwelling.
(6) If in the course of such a search a constable discovers an article which he has reasonable grounds for suspecting to be a stolen or prohibited article [F3 , an article to which subsection (8A) below applies or a firework to which subsection (8B) below applies] F3 , he may seize it.

(7) An article is prohibited for the purposes of this Part of this Act if it is—

(a) an offensive weapon; or
(b) an article—
(i) made or adapted for use in the course of or in connection with an offence to which this sub-paragraph applies; or
(ii) intended by the person having it with him for such use by him or by some other person.
(8) The offences to which subsection (7) (b) (i) above applies are—

(a) burglary;
(b) theft;
(c) offences under section 12 of the M1 Theft Act 1968 (taking motor vehicle or other conveyance without authority) ; F4 ...
[F5 (d) fraud (contrary to section 1 of the Fraud Act 2006) ] [F6 ; and
(e) offences under section 1 of the Criminal Damage Act 1971 (destroying or damaging property).]
[F7 (8A) This subsection applies to any article in relation to which a person has committed, or is committing or is going to commit an offence under section 139 of the Criminal Justice Act 1988.]

[F8 (8B) This subsection applies to any firework which a person possesses in contravention of a prohibition imposed by fireworks regulations.

(8C) In this section—

(a) “firework” shall be construed in accordance with the definition of “fireworks” in section 1(1) of the Fireworks Act 2003; and
(b) “fireworks regulations” has the same meaning as in that Act.]
F8 (9) In this Part of this Act “offensive weapon” means any article—

(a) made or adapted for use for causing injury to persons; or
(b) intended by the person having it with him for such use by him or by some other person.
Annotations:

Amendments (Textual)

F1 Words in s. 1(2) substituted (1.7.2005) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 115(2), 178; S.I. 2005/1521, art. 3(1)(f)

F2 Words in s. 1(3) substituted (1.7.2005) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 115(3), 178; S.I. 2005/1521, art. 3(1)(f)

F3 Words in s. 1(6) substituted (1.7.2005) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 115(4), 178; S.I. 2005/1521, art. 3(1)(f)

F4 Word in s. 1(8)(c) repealed (20.1.2004) by Criminal Justice Act 2003 (c. 44), ss. 332, 336, Sch. 37 Pt. 1; S.I. 2004/81, art. 2(1)(2)(g)(i)

F5 S. 1(8)(d) substituted (15.1.2007) by Fraud Act 2006 (c. 35), ss. 14(1), 15(1), Sch. 1 para. 21; S.I. 2006/3200, art. 2

F6 S. 1(8)(e) and preceding word "and" inserted (20.1.2004) by Criminal Justice Act 2003 (c. 44), ss. 1(2), 336; S.I. 2004/81, art. 2(1)(2)(a)

F7 S. 1(8A) inserted by Criminal Justice Act 1988 (c. 33, SIF 39:1), s. 140(1)(c)

F8 S. 1(8B)(8C) inserted (1.7.2005) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 115(5), 178; S.I. 2005/1521, art. 3(1)(f)

Modifications etc. (not altering text)

C9 S. 1(7)(b) modified (15.1.2007) by Fraud Act 2006 (c. 35), ss. 8(2)(a), 15(1); S.I. 2006/3200, art. 2

Marginal Citations

M1 1968 c. 60.


2 Provisions relating to search under section 1 and other powers. (E+W)

(1) A constable who detains a person or vehicle in the exercise—

(a) of the power conferred by section 1 above; or
(b) of any other power—
(i) to search a person without first arresting him; or
(ii) to search a vehicle without making an arrest,
need not conduct a search if it appears to him subsequently—
(i) that no search is required; or
(ii) that a search is impracticable.
(2) If a constable contemplates a search, other than a search of an unattended vehicle, in the exercise—

(a) of the power conferred by section 1 above; or
(b) of any other power, except the power conferred by section 6 below and the power conferred by section 27(2) of the M2 Aviation Security Act 1982—
(i) to search a person without first arresting him; or
(ii) to search a vehicle without making an arrest,
it shall be his duty, subject to subsection (4) below, to take reasonable steps before he commences the search to bring to the attention of the appropriate person—
(i) if the constable is not in uniform, documentary evidence that he is a constable; and
(ii) whether he is in uniform or not, the matters specified in subsection (3) below;
and the constable shall not commence the search until he has performed that duty.
(3) The matters referred to in subsection (2) (ii) above are—

(a) the constable’s name and the name of the police station to which he is attached;
(b) the object of the proposed search;
(c) the constable’s grounds for proposing to make it; and
(d) the effect of section 3(7) or (8) below, as may be appropriate.
(4) A constable need not bring the effect of section 3(7) or (8) below to the attention of the appropriate person if it appears to the constable that it will not be practicable to make the record in section 3(1) below.

(5) In this section “the appropriate person” means—

(a) if the constable proposes to search a person, that person; and
(b) if he proposes to search a vehicle, or anything in or on a vehicle, the person in charge of the vehicle.
(6) On completing a search of an unattended vehicle or anything in or on such a vehicle in the exercise of any such power as is mentioned in subsection (2) above a constable shall leave a notice—

(a) stating that he has searched it;
(b) giving the name of the police station to which he is attached;
(c) stating that an application for compensation for any damage caused by the search may be made to that police station; and
(d) stating the effect of section 3(8) below.
(7) The constable shall leave the notice inside the vehicle unless it is not reasonably practicable to do so without damaging the vehicle.

(8) The time for which a person or vehicle may be detained for the purposes of such a search is such time as is reasonably required to permit a search to be carried out either at the place where the person or vehicle was first detained or nearby.

(9) Neither the power conferred by section 1 above nor any other power to detain and search a person without first arresting him or to detain and search a vehicle without making an arrest is to be construed—

(a) as authorising a constable to require a person to remove any of his clothing in public other than an outer coat, jacket or gloves; or
(b) as authorising a constable not in uniform to stop a vehicle.
(10) This section and section 1 above apply to vessels, aircraft and hovercraft as they apply to vehicles.

Annotations:

Marginal Citations

M2 1982 c. 36.


3 Duty to make records concerning searches. (E+W)

(1) Where a constable has carried out a search in the exercise of any such power as is mentioned in section 2(1) above, other than a search—

(a) under section 6 below; or
(b) under section 27(2) of the M3 Aviation Security Act 1982, he shall make a record of it in writing unless it is not practicable to do so.
(2) If—

(a) a constable is required by subsection (1) above to make a record of a search; but
(b) it is not practicable to make the record on the spot,
he shall make it as soon as practicable after the completion of the search.
(3) The record of a search of a person shall include a note of his name, if the constable knows it, but a constable may not detain a person to find out his name.

(4) If a constable does not know the name of a person whom he has searched, the record of the search shall include a note otherwise describing that person.

(5) The record of a search of a vehicle shall include a note describing the vehicle.

(6) The record of a search of a person or a vehicle—

(a) shall state—
(i) the object of the search;
(ii) the grounds for making it;
(iii) the date and time when it was made;
(iv) the place where it was made;
(v) whether anything, and if so what, was found;
(vi) whether any, and if so what, injury to a person or damage to property appears to the constable to have resulted from the search; and
(b) shall identify the constable making it.
(7) If a constable who conducted a search of a person made a record of it, the person who was searched shall be entitled to a copy of the record if he asks for one before the end of the period specified in subsection (9) below.

(8) If—

(a) the owner of a vehicle which has been searched or the person who was in charge of the vehicle at the time when it was searched asked for a copy of the record of the search before the end of the period specified in subsection (9) below; and
(b) the constable who conducted the search made a record of it,
the person who made the request shall be entitled to a copy.
(9) The period mentioned in subsections (7) and (8) above is the period of 12 months beginning with the date on which the search was made.

(10) The requirements imposed by this section with regard to records of searches of vehicles shall apply also to records of searches of vessels, aircraft and hovercraft.

Annotations:

Marginal Citations

M3 1982 c. 36.


4 Road checks. (E+W)

(1) This section shall have effect in relation to the conduct of road checks by police officers for the purpose of ascertaining whether a vehicle is carrying—

(a) a person who has committed an offence other than a road traffic offence or a [F9 vehicle] excise offence;
(b) a person who is a witness to such an offence;
(c) a person intending to commit such an offence; or
(d) a person who is unlawfully at large.
(2) For the purposes of this section a road check consists of the exercise in a locality of the power conferred by [F10 section 163 of the Road Traffic Act 1988.] in such a way as to stop during the period for which its exercise in that way in that locality continues all vehicles or vehicles selected by any criterion.

(3) Subject to subsection (5) below, there may only be such a road check if a police officer of the rank of superintendent or above authorises it in writing.

(4) An officer may only authorise a road check under subsection (3) above—

(a) for the purpose specified in subsection (1) (a) above, if he has reasonable grounds—
(i) for believing that the offence is [F11 an indictable offence] F11 ; and
(ii) for suspecting that the person is, or is about to be, in the locality in which vehicles would be stopped if the road check were authorised;
(b) for the purpose specified in subsection (1) (b) above, if he has reasonable grounds for believing that the offence is [F11 an indictable offence] F11 ;
(c) for the purpose specified in subsection (1) (c) above, if he has reasonable grounds—
(i) for believing that the offence would be [F11 an indictable offence] F11 ; and
(ii) for suspecting that the person is, or is about to be, in the locality in which vehicles would be stopped if the road check were authorised;
(d) for the purpose specified in subsection (1) (d) above, if he has reasonable grounds for suspecting that the person is, or is about to be, in that locality.
(5) An officer below the rank of superintendent may authorise such a road check if it appears to him that it is required as a matter of urgency for one of the purposes specified in subsection (1) above.

(6) If an authorisation is given under subsection (5) above, it shall be the duty of the officer who gives it—

(a) to make a written record of the time at which he gives it; and
(b) to cause an officer of the rank of superintendent or above to be informed that it has been given.
(7) The duties imposed by subsection (6) above shall be performed as soon as it is practicable to do so.

(8) An officer to whom a report is made under subsection (6) above may, in writing, authorise the road check to continue.

(9) If such an officer considers that the road check should not continue, he shall record in writing—

(a) the fact that it took place; and
(b) the purpose for which it took place.
(10) An officer giving an authorisation under this section shall specify the locality in which vehicles are to be stopped.

(11) An officer giving an authorisation under this section, other than an authorisation under subsection (5) above—

(a) shall specify a period, not exceeding seven days, during which the road check may continue; and
(b) may direct that the road check—
(i) shall be continuous; or
(ii) shall be conducted at specified times,
during that period.
(12) If it appears to an officer of the rank of superintendent or above that a road check ought to continue beyond the period for which it has been authorised he may, from time to time, in writing specify a further period, not exceeding seven days, during which it may continue.

(13) Every written authorisation shall specify—

(a) the name of the officer giving it;
(b) the purpose of the road check; and
(c) the locality in which vehicles are to be stopped.
(14) The duties to specify the purposes of a road check imposed by subsections (9) and (13) above include duties to specify any relevant [F12 indictable offence] F12 .

(15) Where a vehicle is stopped in a road check, the person in charge of the vehicle at the time when it is stopped shall be entitled to obtain a written statement of the purpose of the road check if he applies for such a statement not later than the end of the period of twelve months from the day on which the vehicle was stopped.

(16) Nothing in this section affects the exercise by police officers of any power to stop vehicles for purposes other than those specified in subsection (1) above.

Annotations:

Amendments (Textual)

F9 Word in s. 4(1)(a) substituted (1.9.1994) by 1994 c. 22, ss. 66(1), 63, Sch. 3 para.19 (with s. 57(4))

F10 Words substituted by Road Traffic (Consequential Provisions) Act 1988 (c. 54, SIF 107:1), s. 4, Sch. 3 para. 27(1)

F11 Words in s. 4 substituted (1.1.2006) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 111, 178, Sch. 7 Pt. 3 para. 43(2)(a); S.I. 2005/3495, art. 2(1)(m)

F12 Words in s. 4(14) substituted (1.1.2006) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 111, 178, Sch. 7 Pt. 3 para. 43(2)(b); S.I. 2005/3495, art. 2(1)(m)


5 Reports of recorded searches and of road checks. (E+W)

(1) Every annual report—

[F13 (a) under section 22 of the M4 Police Act 1996; or]
(b) made by the Commissioner of Police of the Metropolis,
shall contain information—
(i) about searches recorded under section 3 above which have been carried out in the area to which the report relates during the period to which it relates; and
(ii) about road checks authorised in that area during that period under section 4 above.
(1A) F14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) The information about searches shall not include information about specific searches but shall include—

(a) the total numbers of searches in each month during the period to which the report relates—
(i) for stolen articles;
(ii) for offensive weapons [F15 or articles to which section 1(8A) above applies] ; and
(iii) for other prohibited articles;
(b) the total number of persons arrested in each such month in consequence of searches of each of the descriptions specified in paragraph (a) (i) to (iii) above.
(3) The information about road checks shall include information—

(a) about the reason for authorising each road check; and
(b) about the result of each of them.
Annotations:

Amendments (Textual)

F13 S. 5(1)(a) substituted (22.8.1996) by 1996 c. 16, ss. 103(1), 104(1), Sch. 7 Pt. II para. 34

F14 S. 5(1A) repealed (1.4.2006, subject to art. 4(2)-(7) of the commencing S.I.) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 59, 174, 178, Sch. 4 para. 44, Sch. 17 Pt. 2; S.I. 2006/378, art. 4(1), Sch. paras. 10, 13(q)

F15 Words inserted by Criminal Justice Act 1988 (c. 33, SIF 39:1), s. 140(2)

Marginal Citations

M4 1996 c. 16.


6 Statutory undertakers etc.

(1) A constable employed by statutory undertakers may stop, detain and search any vehicle before it leaves a goods area included in the premises of the statutory undertakers.

[F16 (1A) Without prejudice to any powers under subsection (1) above, a constable employed [F17 by the [F18 British Transport Police Authority] ] may stop, detain and search any vehicle before it leaves a goods area which is included in the premises of any successor of the British Railways Board and is used wholly or mainly for the purposes of a relevant undertaking.]

(2) In this section “goods area” means any area used wholly or mainly for the storage or handling of goods [F19 ; and “successor of the British Railways Board” and “relevant undertaking” have the same meaning as in the Railways Act 1993 (Consequential Modifications) Order 1999.]

(3) F20 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) F21 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations:

Amendments (Textual)

F16 S. 6(1A) inserted (13.8.1999) by S.I. 1999/1998, art. 5(1)

F17 Words in s. 6(1A) substituted (1.2.2001) by 2000 c. 38, s. 217, Sch. 18 para. 5; S.I. 2001/57, art. 3(1) (Subject to Sch. 2 Pt II)

F18 Words in s. 6(1A) substituted (1.7.2004) by The British Transport Police (Transitional and Consequential Provisions) Order 2004 (S.I. 2004/1573), art. 12(1)(e)

F19 Words in s. 6(2) inserted (13.8.1999) by S.I. 1999/1998, art. 5(2)

F20 S. 6(3) repealed (1.4.2005) by Energy Act 2004 (c. 20), ss. 197, 198(2), Sch. 23 Pt. 1; S.I. 2005/877, art. 2(1), Sch. 1 Table

F21 S. 6(4) repealed (1.4.2005) by Energy Act 2004 (c. 20), ss. 197, 198(2), Sch. 23 Pt. 1; S.I. 2005/877, art. 2(1), Sch. 1 Table


7 Part I—supplementary (E+W+S)

(1) The following enactments shall cease to have effect—

(a) section 8 of the M5 Vagrancy Act 1824;
(b) section 66 of the M6 Metropolitan Police Act 1839;
(c) section 11 of the M7 Canals (Offences) Act 1840;
(d) section 19 of the M8 Pedlars Act 1871;
(e) section 33 of the M9 County of Merseyside Act 1980; and
(f) section 42 of the M10 West Midlands County Council Act 1980.
(2) There shall also cease to have effect—

(a) so much of any enactment contained in an Act passed before 1974, other than—
(i) an enactment contained in public general Act; or
(ii) an enactment relating to statutory undertakers,
as confers power on a constable to search for stolen or unlawfully obtained goods; and
(b) so much of any enactment relating to statutory undertakers as provides that such a power shall not be exercisable after the end of a specified period.
(3) In this Part of this Act “statutory undertakers” means persons authorised by any enactment to carry on any railway, light railway, road transport, water transport, canal, inland navigation, dock or harbour undertaking.

Annotations:

Marginal Citations

M5 1824 c. 83.

M6 1839 c. 47.

M7 1840 c. 50.

M8 1871 c. 96.

M9 1980 c. x.

M10 1980 c. xi.


Part II (E+W)
Powers of Entry, Search and Seizure



Annotations:

Modifications etc. (not altering text)

C10 Pt. II (ss. 8-23) extended (10.6.1991) by Criminal Justice (International Co-operation) Act 1990 (c. 5, SIF 39:1), s. 7(1); S.I. 1991/1072, art. 2 Sch. Pt. I

Pt. II (ss. 8-23) applied (with modifications) (17.5.1996) by S.I. 1996/1296, art. 16(1)

Pt. II (ss. 8-23) amended (17.5.1996) by S.I. 1996/1296, art. 16(7)(b)

Pt. II (ss. 8-23) applied (with modifications) (15.3.1996) by S.I. 1996/716, art. 16(1)

Pt. II (ss. 8-23) modified (1.9.2001) by 2001 c. 17, s. 33; S.I. 2001/2161, art. 2 (subject to art. 3)

Pt. II (ss. 8-23): Powers of seizure extended (1.4.2003) by 2001 c. 16, ss. 50, 52-54, 68, Sch. 1 Pt. 1 para 1; S.I. 2003/708, art. 2(a)(j)

C11 Pt. II (ss. 8-23) amended (26.4.2004) by Crime (International Co-operation) Act 2003 (c. 32), ss. 16(1), 94; S.I. 2004/786, art. 3(2)

C12 Pt. II incorporated (16.5.2008) by The London Gateway Port Harbour Empowerment Order 2008 (S.I. 2008/1261), art. 52


Search warrants (E+W)


8 Power of justice of the peace to authorise entry and search of premises. (E+W)

(1) If on an application made by a constable a justice of the peace is satisfied that there are reasonable grounds for believing—

(a) that [F22 an indictable offence] F22 has been committed; and
(b) that there is material on premises [F23 mentioned in subsection (1A) below] F23 which is likely to be of substantial value (whether by itself or together with other material) to the investigation of the offence; and
(c) that the material is likely to be relevant evidence; and
(d) that it does not consist of or include items subject to legal privilege, excluded material or special procedure material; and
(e) that any of the conditions specified in subsection (3) below applies,
he may issue a warrant authorising a constable to enter and search the premises [F24 in relation to each set of premises specified in the application] F24 .
[F25 (1A) The premises referred to in subsection (1) (b) above are—

(a) one or more sets of premises specified in the application (in which case the application is for a “specific premises warrant”) ; or
(b) any premises occupied or controlled by a person specified in the application, including such sets of premises as are so specified (in which case the application is for an “all premises warrant”).
(1B) If the application is for an all premises warrant, the justice of the peace must also be satisfied—

(a) that because of the particulars of the offence referred to in paragraph (a) of subsection (1) above, there are reasonable grounds for believing that it is necessary to search premises occupied or controlled by the person in question which are not specified in the application in order to find the material referred to in paragraph (b) of that subsection; and
(b) that it is not reasonably practicable to specify in the application all the premises which he occupies or controls and which might need to be searched.]
[F26 (1C) The warrant 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 he issues the warrant.

(1D) If it authorises multiple entries, the number of entries authorised may be unlimited, or limited to a maximum.]

F26 (2) A constable may seize and retain anything for which a search has been authorised under subsection (1) above.

(3) The conditions mentioned in subsection (1) (e) above are—

(a) that it is not practicable to communicate with any person entitled to grant entry to the premises;
(b) that it is practicable to communicate with a person entitled to grant entry to the premises but it is not practicable to communicate with any person entitled to grant access to the evidence;
(c) that entry to the premises will not be granted unless a warrant is produced;
(d) that the purpose of a search may be frustrated or seriously prejudiced unless a constable arriving at the premises can secure immediate entry to them.
(4) In this Act “relevant evidence”, in relation to an offence, means anything that would be admissible in evidence at a trial for the offence.

(5) The power to issue a warrant conferred by this section is in addition to any such power otherwise conferred.

[F27 (6) This section applies in relation to a relevant offence (as defined in section 28D(4) of the Immigration Act 1971) as it applies in relation to [F22 an indictable offence] .

[F28 (7) Section 4 of the Summary Jurisdiction (Process) Act 1881 (execution of process of English courts in Scotland) shall apply to a warrant issued on the application of an officer of Revenue and Customs under this section by virtue of section 114 below.] ]

Annotations:

Amendments (Textual)

F22 Words in s. 8 substituted (1.1.2006) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 111, 178, Sch. 7 Pt. 3 para. 43(3); S.I. 2005/3495, art. 2(1)(m)

F23 Words in s. 8(1)(b) substituted (1.1.2006) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 113(3)(a), 178; S.I. 2005/3495, art. 2(1)(n)

F24 Words in s. 8(1)(e) added (1.1.2006) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 113(3)(b), 178; S.I. 2005/3495, art. 2(1)(n)

F25 S. 8(1A)(1B) inserted (1.1.2006) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 113(4), 178; S.I. 2005/3495, art. 2(1)(n)

F26 S. 8(1C)(1D) inserted (1.1.2006) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 114(2), 178; S.I. 2005/3495, art. 2(1)(n)

F27 S. 8(6) inserted (14.2.2000) by 1999 c. 33. s. 169(1), Sch. 14 para. 80(2); S.I. 2000/168, art. 2, Sch.

F28 S. 8(7) inserted (19.7.2007) by Finance Act 2007 (c. 11), s. 86

Modifications etc. (not altering text)

C13 Ss. 8, 9, 15, 16, 17(1)(b(2) (4), 18–20, 21, 22(1)–(4), 28, 29, 30(1)–(4)(a)(5)–(11), 31, 32(1)–(9), 34(1)–(5), 35, 36, 37, 39, 40–44, 50, 51(d), 52, 54, 55, 64(1)–(4)(5)(6), Sch. 1 applied with modifications by S.I. 1985/1800, arts. 3–11, Schs. 1, 2

C14 S. 8 extended (10.6.1991) by Criminal Justice (International Co-operation) Act 1990 (c. 5, SIF 39:1), s. 7(1); S.I. 1991/1072, art. 2, Sch. Pt. I

S. 8 amended (1.10.1996) by 1996 c. 49, s. 7(3)(a)(4); S.I. 1996/2053, art. 2, Sch. Pt.III

S. 8 extended (1.10.1997) by 1997 c. 43, ss. 18(3), 41, Sch. 1 para. 10(4); S.I. 1997/2200, art. 2(g) (with art. 5)

S. 8 extended (2.12.2002 ) by Police Reform Act 2002 (c. 30), s. 38, Sch. 4 Pt. 2 para. 16(a); S.I. 2002/2750, art. 2(a)(ii)(d)

C15 S. 8(2) modified (1.4.2003) by 2001 c. 16, ss. 55, 68, Sch. 1 Pt. 3 para. 84 (with s. 57(3)); S.I. 2003/708, art. 2(a)(c)(j)

C16 S. 8(2) extended (2.12.2002) by Police Reform act 2002 (c. 30), s. 38, {Sch. 4 Pt. 2 para. 16(c)}; S.I. 2002/2750, art. 2(a)(ii)(d)


9 Special provisions as to access. (E+W)

(1) A constable may obtain access to excluded material or special procedure material for the purposes of a criminal investigation by making an application under Schedule 1 below and in accordance with that Schedule.

(2) Any Act (including a local Act) passed before this Act under which a search of premises for the purposes of a criminal investigation could be authorised by the issue of a warrant to a constable shall cease to have effect so far as it relates to the authorisation of searches—

(a) for items subject to legal privilege; or
(b) for excluded material; or
(c) for special procedure material consisting of documents or records other than documents.
[F29 (2A) Section 4 of the Summary Jurisdiction (Process) Act 1881 (c. 24) (which includes provision for the execution of process of English courts in Scotland) and section 29 of the Petty Sessions (Ireland) Act 1851 (c. 93) (which makes equivalent provision for execution in Northern Ireland) shall each apply to any process issued by a [F30 judge] under Schedule 1 to this Act as it applies to process issued by a magistrates’ court under the Magistrates’ Courts Act 1980 (c. 43).]

Annotations:

Amendments (Textual)

F29 S. 9(2A) inserted (1.8.2001) by 2001 c. 16, s. 86(1); S.I. 2001/2223, art. 3(e)

F30 Word in s. 9(2A) substituted (1.4.2005) by Courts Act 2003 (c. 39), ss. 65, 110, Sch. 4 para. 5; S.I. 2005/910, art. 3(u)

Modifications etc. (not altering text)

C17 Ss. 8, 9, 15, 16, 17(1)(b)(2) (4), 18-20, 21, 22(1)-(4), 28, 29, 30(1)-(4)(a)(5)-(11), 31, 32(1)-(9), 34(1)-(5), 35, 36, 37, 39, 40-44, 50, 51(d), 52, 54, 55, 64(1)-(4)(5)(6), Sch. 1 applied with modifications by S.I. 1985/1800, arts. 3-11, Schs. 1, 2

C18 S. 9(1) extended (2.12.2002) by Police Reform Act 2002 (c. 30), s. 38, Sch. 4 Pt. 2 para. 17(a); S.I. 2002/2750, art. 2(a)(ii)(d)

C19 S. 9(2) extended by Cinemas Act 1985 (c. 13, SIF 45A), s. 13(8)


10 Meaning of “items subject to legal privilege”. (E+W)

(1) Subject to subsection (2) below, in this Act “items subject to legal privilege” means—

(a) communications between a professional legal adviser and his client or any person representing his client made in connection with the giving of legal advice to the client;
(b) communications between a professional legal adviser and his client or any person representing his client or between such an adviser or his client or any such representative and any other person made in connection with or in contemplation of legal proceedings and for the purposes of such proceedings; and
(c) items enclosed with or referred to in such communications and made—
(i) in connection with the giving of legal advice; or
(ii) in connection with or in contemplation of legal proceedings and for the purposes of such proceedings,
when they are in the possession of a person who is entitled to possession of them.
(2) Items held with the intention of furthering a criminal purpose are not items subject to legal privilege.

11 Meaning of “excluded material”. (E+W)

(1) Subject to the following provisions of this section, in this Act “excluded material” means—

(a) personal records which a person has acquired or created in the course of any trade, business, profession or other occupation or for the purposes of any paid or unpaid office and which he holds in confidence;
(b) human tissue or tissue fluid which has been taken for the purposes of diagnosis or medical treatment and which a person holds in confidence;
(c) journalistic material which a person holds in confidence and which consists—
(i) of documents; or
(ii) of records other than documents.
(2) A person holds material other than journalistic material in confidence for the purposes of this section if he holds it subject—

(a) to an express or implied undertaking to hold it in confidence; or
(b) to a restriction on disclosure or an obligation of secrecy contained in any enactment, including an enactment contained in an Act passed after this Act.
(3) A person holds journalistic material in confidence for the purposes of this section if—

(a) he holds it subject to such an undertaking, restriction or obligation; and
(b) it has been continuously held (by one or more persons) subject to such an undertaking, restriction or obligation since it was first acquired or created for the purposes of journalism.