PACE s.8 search warrants and s.18 searches after arrest

Limits on them

A rule that constrains them, or a remedy you can use.

• Section 8(3) says the conditions mentioned in subsection (1)(e) are: that it is not practicable to communicate with any person entitled to grant entry to the premises; 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; that entry to the premises will not be granted unless a warrant is produced; 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.

  Police and Criminal Evidence Act 1984, s.8(3)

  “The conditions mentioned in subsection (1)(e) above are— that it is not practicable to communicate with any person entitled to grant entry to the premises; — 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; — that entry to the premises will not be granted unless a warrant is produced; — 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.”

  Read it at legislation.gov.ukquote checked 2026-10-04

• Under s.8(1B), if the application is for an all premises warrant, the justice of the peace must also be satisfied that because of the particulars of the offence referred to in paragraph (a) of subsection (1), 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 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.

  Police and Criminal Evidence Act 1984, s.8(1A) to (1D)

  “The premises referred to in subsection (1)(b) above are— one or more sets of premises specified in the application (in which case the application is for a “ specific premises warrant ”); or — 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 ”).—If the application is for an all premises warrant, the justice of the peace must also be satisfied— 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 — 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.—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.—If it authorises multiple entries, the number of entries authorised may be unlimited, or limited to a maximum.”

  Read it at legislation.gov.ukquote checked 2026-10-04

• Section 15(1) says an entry on or search of premises under a warrant is unlawful unless it complies with s.15 and s.16.

  Police and Criminal Evidence Act 1984, s.15(1)

  “This section and section 16 below have effect in relation to the issue to constables under any enactment, including an enactment contained in an Act passed after this Act, of warrants to enter and search premises; and an entry on or search of premises under a warrant is unlawful unless it complies with this section and section 16 below.”

  Read it at legislation.gov.ukquote checked 2026-10-04

• Under s.15(6), a warrant shall specify the name of the person who applies for it, the date on which it is issued, the enactment under which it is issued, and each set of premises to be searched (or, in the case of an all premises warrant, the person who is in occupation or control of premises to be searched, together with any premises under his occupation or control which can be specified and which are to be searched), and shall identify, so far as is practicable, the articles or persons to be sought.

  Police and Criminal Evidence Act 1984, s.15(6)

  “A warrant— shall specify— the name of the person who applies for it; — the date on which it is issued; — the enactment under which it is issued; and — each set of premises to be searched, or (in the case of an all premises warrant) the person who is in occupation or control of premises to be searched, together with any premises under his occupation or control which can be specified and which are to be searched; and — shall identify, so far as is practicable, the articles or persons to be sought.”

  Read it at legislation.gov.ukquote checked 2026-10-04

• Entry and search under a warrant must be within three months from the date of its issue.

  Police and Criminal Evidence Act 1984, s.16(3)

  “Entry and search under a warrant must be within three months from the date of its issue.”

  Read it at legislation.gov.ukquote checked 2026-09-08

• Under s.16(3A), if the warrant is an all premises warrant, no premises which are not specified in it may be entered or searched unless a police officer of at least the rank of inspector has in writing authorised them to be entered. Under s.16(3B), no premises may be entered or searched for the second or any subsequent time under a warrant which authorises multiple entries unless a police officer of at least the rank of inspector has in writing authorised that entry to those premises.

  Police and Criminal Evidence Act 1984, s.16(3A) and (3B)

  “If the warrant is an all premises warrant, no premises which are not specified in it may be entered or searched unless a police officer of at least the rank of inspector has in writing authorised them to be entered.—No premises may be entered or searched for the second or any subsequent time under a warrant which authorises multiple entries unless a police officer of at least the rank of inspector has in writing authorised that entry to those premises.”

  Read it at legislation.gov.ukquote checked 2026-10-04

• Entry and search under a warrant must be at a reasonable hour unless it appears to the constable executing it that the purpose of a search may be frustrated on an entry at a reasonable hour.

  Police and Criminal Evidence Act 1984, s.16(4)

  “Entry and search under a warrant must be at a reasonable hour unless it appears to the constable executing it that the purpose of a search may be frustrated on an entry at a reasonable hour.”

  Read it at legislation.gov.ukquote checked 2026-10-04

• Where the occupier of premises which are to be entered and searched is present at the time when a constable seeks to execute a warrant to enter and search them, the constable shall identify himself to the occupier and, if not in uniform, shall produce to him documentary evidence that he is a constable; shall produce the warrant to him; and shall supply him with a copy of it.

  Police and Criminal Evidence Act 1984, s.16(5)

  “Where the occupier of premises which are to be entered and searched is present at the time when a constable seeks to execute a warrant to enter and search them, the constable— shall identify himself to the occupier and, if not in uniform, shall produce to him documentary evidence that he is a constable; — shall produce the warrant to him; and — shall supply him with a copy of it.”

  Read it at legislation.gov.ukquote checked 2026-10-04

• Under s.16(6), where the occupier of such premises is not present at the time when a constable seeks to execute such a warrant, but some other person who appears to the constable to be in charge of the premises is present, s.16(5) shall have effect as if any reference to the occupier were a reference to that other person. Under s.16(7), if there is no person who appears to the constable to be in charge of the premises, he shall leave a copy of the warrant in a prominent place on the premises.

  Police and Criminal Evidence Act 1984, s.16(6) and (7)

  “Where— the occupier of such premises is not present at the time when a constable seeks to execute such a warrant; but — some other person who appears to the constable to be in charge of the premises is present, subsection (5) above shall have effect as if any reference to the occupier were a reference to that other person.—If there is no person who appears to the constable to be in charge of the premises, he shall leave a copy of the warrant in a prominent place on the premises.”

  Read it at legislation.gov.ukquote checked 2026-10-04

• A search under a warrant may only be a search to the extent required for the purpose for which the warrant was issued.

  Police and Criminal Evidence Act 1984, s.16(8)

  “A search under a warrant may only be a search to the extent required for the purpose for which the warrant was issued.”

  Read it at legislation.gov.ukquote checked 2026-10-04

• Under s.18(3), the power to search conferred by subsection (1) is only a power to search to the extent that is reasonably required for the purpose of discovering such evidence. Under s.18(4), subject to subsection (5), the powers conferred by the section may not be exercised unless an officer of the rank of inspector or above has authorised them in writing. Under s.18(5), a constable may conduct a search under subsection (1) before the person is taken to a police station or released under section 30A, and without obtaining an authorisation under subsection (4), if the condition in subsection (5A) is satisfied; under s.18(5A), that condition is that the presence of the person at a place (other than a police station) is necessary for the effective investigation of the offence.

  Police and Criminal Evidence Act 1984, s.18(1) to (5A)

  “Subject to the following provisions of this section, a constable may enter and search any premises occupied or controlled by a person who is under arrest for an indictable offence, if he has reasonable grounds for suspecting that there is on the premises evidence, other than items subject to legal privilege, that relates— to that offence; or — to some other indictable offence which is connected with or similar to that offence.—A constable may seize and retain anything for which he may search under subsection (1) above.—The power to search conferred by subsection (1) above is only a power to search to the extent that is reasonably required for the purpose of discovering such evidence.—Subject to subsection (5) below, the powers conferred by this section may not be exercised unless an officer of the rank of inspector or above has authorised them in writing.—A constable may conduct a search under subsection (1)— before the person is taken to a police station or released — under section 30A, and — without obtaining an authorisation under subsection (4), if the condition in subsection (5A) is satisfied.—The condition is that the presence of the person at a place (other than a police station) is necessary for the effective investigation of the offence.”

  Read it at legislation.gov.ukquote checked 2026-10-04

• No power of seizure conferred on a constable under any enactment (including an enactment contained in an Act passed after the 1984 Act) is to be taken to authorise the seizure of an item which the constable exercising the power has reasonable grounds for believing to be subject to legal privilege.

  Police and Criminal Evidence Act 1984, s.19(6)

  “No power of seizure conferred on a constable under any enactment (including an enactment contained in an Act passed after this Act) is to be taken to authorise the seizure of an item which the constable exercising the power has reasonable grounds for believing to be subject to legal privilege.”

  Read it at legislation.gov.ukquote checked 2026-10-04

• PACE Code B para 6.7 says that if an officer conducts a search to which the 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 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; summarising the extent of the powers of search and seizure conferred by PACE and other relevant legislation as appropriate; explaining the rights of the occupier and the owner of the property seized; 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 stating this Code is available at any police station.

  PACE Code B (2023), para 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:—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.—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.”

  Read it at assets.publishing.service.gov.ukquote checked 2026-10-04

• PACE Code B para 6.8 says that, 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; if the occupier is 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.

  PACE Code B (2023), para 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.”

  Read it at assets.publishing.service.gov.ukquote checked 2026-10-04

• PACE Code B para 6.9 says 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.

  PACE Code B (2023), para 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.”

  Read it at assets.publishing.service.gov.ukquote checked 2026-10-04