Points 2 Prove

The Ultimate Police Handbook

Entry and Search after Arrest

Section 18 - Police and Criminal Evidence Act (PACE) 1984


Policing Powers

Definition

18(1) A constable [or designated person] 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 -
(a) to that offence; OR
(b)to some other indictable offence which is connected with or similar to that offence.
18(2) A constable [or designated person] may seize and retain anything for which he may search under subsection (1) above.
18(3) 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.
18(4) Subject to subsection (5) below, the powers conferred by this section may not be exercised unless an officer of the rank of inspector (or designated person of grade 3) or above has authorised them in writing.
18(5) A constable [or designated person] may conduct a search under subsection
(1): -
(a) before the person is taken to police station (or SOCA office) or released under section 30A; AND
(b) without obtaining an authorisation under subsection (4), if the condition in subsection (5A) is satisfied.
18(5A) 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.
18(6) If a constable [or designated person] conducts a search by virtue of subsection
(5) above, he shall inform an officer of the rank of inspector [a designated person grade 3 (SOCA)] or above that he has made the search as soon as practicable after he has made it.
18(7) An officer who -
(a) authorises a search; OR
(b) is informed of a search under subsection (6) above, shall make a record in writing -
(i) of the grounds for the search; AND
(i) of the nature of the evidence that was sought.
18(8) If the person who was in occupation or control of the premises at the time of the search is in police detention at the time the record is to be made, the officer shall make the record as part of his custody record.

More

Occupied

Refers to premises where the arrested person resides or works and may include occupancy as an owner, tenant or 'squatter.

Controlled

Includes premises in which the arrested person holds some interest - ie: he owns, rents, leases or has use of the premises.