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Entry and search without a warrant
The police are given powers to enter premises without a warrant by many Acts of Parliament. For example, under the Gaming Act 1968 they have power to enter licensed premises to carry out inspections. Other powers include searches for drugs under the Misuse of Drugs Act 1971, and for firearms under the Firearms Act 1968. In addition, they may have the right to enter premises without a warrant to deal with or prevent a breach of the peace. PACE provides them with several other powers:
The police officer need not be in uniform unless entering under a power set out in the Public Order Acts or the Criminal Law Act. The police officer may search the premises, but the power of search is only a power to search to the extent that is reasonably required for the purpose for which the power of entry is exercised. Any further search may be unlawful and may be the subject of a complaint or civil action.
It was held by the European Commission of Humans Rights that the police violated Article 8 of the Convention (the right to privacy) in connection with an entry to premises to prevent a breach of the peace. There would have been no need for the police to enter as they had if they had considered the situation appropriately. Their entry was disproportionate to the legitimate aim pursued.
- To execute a warrant of arrest or commitment.
- To arrest someone for an arrestable offence.
- To arrest someone for various offences under the Public Order Acts 1936 and 1986 - such as riot, violent disorder, affray, threatening behaviour and disorderly conduct; the Criminal Law Act 1977 - offences relating to trespass - and the Criminal Justice and Public Order Act 1994 - failure to comply with an interim possession order.
- To recapture a person who has escaped from lawful custody.
- To arrest a child or young person who has been remanded or committed to local authority accommodation.
- To save life or limb or prevent serious damage to property.
The police officer need not be in uniform unless entering under a power set out in the Public Order Acts or the Criminal Law Act. The police officer may search the premises, but the power of search is only a power to search to the extent that is reasonably required for the purpose for which the power of entry is exercised. Any further search may be unlawful and may be the subject of a complaint or civil action.
It was held by the European Commission of Humans Rights that the police violated Article 8 of the Convention (the right to privacy) in connection with an entry to premises to prevent a breach of the peace. There would have been no need for the police to enter as they had if they had considered the situation appropriately. Their entry was disproportionate to the legitimate aim pursued.
