Police and Criminal Evidence Act 1984 - Diff

The '''Police and Criminal Evidence Act 1984''' (commonly abbreviated as '''PACE''') is a fundamental piece of legislation in the [[United Kingdom]] that regulates the powers of the police in relation to the investigation of crime, the treatment of suspects, and the admissibility of evidence. It aims to balance the need for effective law enforcement with the protection of individual rights and freedoms.

The '''Police and Criminal Evidence Act 1984''' (commonly abbreviated as '''PACE''') is a fundamental piece of legislation in the [[United Kingdom]] that regulates the powers of the police in relation to the investigation of crime, the treatment of suspects, and the admissibility of evidence. It aims to balance the need for effective law enforcement with the protection of individual rights and freedoms.

== Background and Purpose ==

== Background and Purpose ==

The '''Police and Criminal Evidence Act 1984''' (PACE) was introduced in response to growing public concern over police powers and practices during the 1970s and early 1980s in the United Kingdom. Prior to PACE, police officers operated under a largely unwritten set of rules and [[Common Law|common law]] principles that allowed for considerable discretion in conducting investigations, arrests, and interrogations. This sometimes led to inconsistent procedures and accusations of abuse of power, including unlawful detention, coercive interrogations, and lack of safeguards for suspects’ rights.

The '''Police and Criminal Evidence Act 1984''' (PACE) was introduced in response to growing public concern over police powers and practices during the 1970s and early 1980s in the United Kingdom. Prior to PACE, police officers operated under a largely unwritten set of rules and [[Common Law|common law]] principles that allowed for considerable discretion in conducting investigations, arrests, and interrogations. This sometimes led to inconsistent procedures and accusations of abuse of power, including unlawful detention, coercive interrogations, and lack of safeguards for suspects’ rights.

Several high-profile miscarriages of justice and cases of police misconduct highlighted the urgent need for statutory regulation. The Act was designed to create a clear, codified framework governing police conduct and the exercise of their powers. It aimed to establish a balance between empowering the police to effectively investigate and prevent crime while simultaneously protecting the civil liberties of individuals.

Several high-profile miscarriages of justice and cases of police misconduct highlighted the urgent need for statutory regulation. The Act was designed to create a clear, codified framework governing police conduct and the exercise of their powers. It aimed to establish a balance between empowering the police to effectively investigate and prevent crime while simultaneously protecting the civil liberties of individuals.

PACE was drafted following extensive consultation with legal experts, law enforcement agencies, human rights groups, and policymakers. It was intended to promote transparency, accountability, and fairness in the criminal justice system. The Act introduced statutory '''Codes of Practice''' to guide police officers on the appropriate exercise of powers such as stop and search, arrest, detention, and interviewing.

PACE was drafted following extensive consultation with legal experts, law enforcement agencies, human rights groups, and policymakers. It was intended to promote transparency, accountability, and fairness in the criminal justice system. The Act introduced statutory '''Codes of Practice''' to guide police officers on the appropriate exercise of powers such as stop and search, arrest, detention, and interviewing.

By clarifying police powers and outlining suspects’ rights, PACE sought to enhance public confidence in law enforcement and reduce the risk of abuses. It also aimed to improve the quality and admissibility of evidence collected during investigations, thereby supporting the integrity of prosecutions and the administration of justice.

By clarifying police powers and outlining suspects’ rights, PACE sought to enhance public confidence in law enforcement and reduce the risk of abuses. It also aimed to improve the quality and admissibility of evidence collected during investigations, thereby supporting the integrity of prosecutions and the administration of justice.

Since its enactment, PACE has become a foundational statute within the UK’s legal framework, influencing subsequent legislation and police procedures. It continues to evolve through amendments and updated Codes of Practice to address emerging challenges in policing and criminal law.

Since its enactment, PACE has become a foundational statute within the UK’s legal framework, influencing subsequent legislation and police procedures. It continues to evolve through amendments and updated Codes of Practice to address emerging challenges in policing and criminal law.

The principal objectives of PACE include:

The principal objectives of PACE include:

* Regulating police powers of '''stop and search''', '''arrest''', '''detention''', and '''interviewing'''.

* Regulating police powers of '''stop and search''', '''arrest''', '''detention''', and '''interviewing'''.

* Safeguarding the rights of individuals suspected or accused of crimes.

* Safeguarding the rights of individuals suspected or accused of crimes.

* Establishing procedures for the '''recording and handling of evidence'''.

* Establishing procedures for the '''recording and handling of evidence'''.

* Defining the conduct expected of law enforcement officers during criminal investigations.

* Defining the conduct expected of law enforcement officers during criminal investigations.

== Key Provisions ==

== Key Provisions ==

The Police and Criminal Evidence Act 1984 (PACE) provides a comprehensive legal framework governing various aspects of police powers and procedures. Its key provisions are divided into several parts, each addressing specific elements of law enforcement and suspects’ rights.

The Police and Criminal Evidence Act 1984 (PACE) provides a comprehensive legal framework governing various aspects of police powers and procedures. Its key provisions are divided into several parts, each addressing specific elements of law enforcement and suspects’ rights.

=== 1. Stop and Search (Part I) ===

=== 1. Stop and Search (Part I) ===

PACE grants police officers the authority to stop and search individuals, vehicles, and premises when there are reasonable grounds to suspect involvement in criminal activity, particularly relating to stolen goods, offensive weapons, or prohibited articles.

PACE grants police officers the authority to stop and search individuals, vehicles, and premises when there are reasonable grounds to suspect involvement in criminal activity, particularly relating to stolen goods, offensive weapons, or prohibited articles.

* '''Reasonable Grounds:''' Officers must have objective and articulable reasons for the search based on facts or intelligence.

* '''Reasonable Grounds:''' Officers must have objective and articulable reasons for the search based on facts or intelligence.

* '''Conduct of Searches:''' Searches must be carried out respectfully and without unnecessary intrusion, with special provisions for searches of vulnerable individuals.

* '''Conduct of Searches:''' Searches must be carried out respectfully and without unnecessary intrusion, with special provisions for searches of vulnerable individuals.

* '''Record Keeping:''' Officers are required to issue a written record of the search on request, detailing the grounds and outcome, enhancing transparency and accountability.

* '''Record Keeping:''' Officers are required to issue a written record of the search on request, detailing the grounds and outcome, enhancing transparency and accountability.

* '''Code A:''' The specific procedures and standards for stop and search are detailed in '''Code A''' of the PACE Codes of Practice.

* '''Code A:''' The specific procedures and standards for stop and search are detailed in '''Code A''' of the PACE Codes of Practice.

=== 2. Arrest (Part II) ===

=== 2. Arrest (Part II) ===

PACE codifies the circumstances under which a person may be lawfully arrested without a warrant:

PACE codifies the circumstances under which a person may be lawfully arrested without a warrant:

* '''Reasonable Suspicion:''' Police must have reasonable suspicion that the individual is involved in a criminal offence.

* '''Reasonable Suspicion:''' Police must have reasonable suspicion that the individual is involved in a criminal offence.

* '''Necessity Test:''' An arrest is only lawful if necessary, for example, to prevent harm, enable investigation, protect a vulnerable person, or secure attendance at court.

* '''Necessity Test:''' An arrest is only lawful if necessary, for example, to prevent harm, enable investigation, protect a vulnerable person, or secure attendance at court.

* '''Information Rights:''' The arrested person must be promptly informed of the grounds for arrest in simple, clear language, including the right to legal advice and to have someone informed.

* '''Information Rights:''' The arrested person must be promptly informed of the grounds for arrest in simple, clear language, including the right to legal advice and to have someone informed.

* '''Caution:''' The police must administer the standard caution (“You do not have to say anything, but it may harm your defence if you do not mention when questioned something which you later rely on in court…”).

* '''Caution:''' The police must administer the standard caution (“You do not have to say anything, but it may harm your defence if you do not mention when questioned something which you later rely on in court…”).

=== 3. Detention and Interview (Part III) ===

=== 3. Detention and Interview (Part III) ===

The Act regulates the detention of suspects at police stations and their interviews to protect their rights and ensure fairness:

The Act regulates the detention of suspects at police stations and their interviews to protect their rights and ensure fairness:

* '''Time Limits:''' Standard detention without charge is limited to 24 hours but can be extended to 36 or 96 hours for serious offences with magistrate approval.

* '''Time Limits:''' Standard detention without charge is limited to 24 hours but can be extended to 36 or 96 hours for serious offences with magistrate approval.

* '''Access to Legal Advice:''' Detainees have the right to consult a solicitor privately and at any reasonable time.

* '''Access to Legal Advice:''' Detainees have the right to consult a solicitor privately and at any reasonable time.

* '''Interviews:''' Suspects must be cautioned before interviews, which should be recorded (audio or video) in most cases to ensure transparency and prevent coercion.

* '''Interviews:''' Suspects must be cautioned before interviews, which should be recorded (audio or video) in most cases to ensure transparency and prevent coercion.

* '''Vulnerable Persons:''' Special safeguards apply for juveniles, mentally vulnerable, or otherwise at-risk individuals.

* '''Vulnerable Persons:''' Special safeguards apply for juveniles, mentally vulnerable, or otherwise at-risk individuals.

=== 4. Codes of Practice ===

=== 4. Codes of Practice ===

PACE introduced statutory '''Codes of Practice''' that provide detailed guidance on how police should exercise their powers lawfully:

PACE introduced statutory '''Codes of Practice''' that provide detailed guidance on how police should exercise their powers lawfully:

* These codes cover areas including stop and search (Code A), detention and treatment of suspects (Code C), identification procedures (Code D), and use of police powers during investigations.

* These codes cover areas including stop and search (Code A), detention and treatment of suspects (Code C), identification procedures (Code D), and use of police powers during investigations.

* The Codes are legally binding and subject to regular review and revision by the Home Office.

* The Codes are legally binding and subject to regular review and revision by the Home Office.

* Failure to adhere to the Codes can result in evidence being excluded in court or disciplinary action against officers.

* Failure to adhere to the Codes can result in evidence being excluded in court or disciplinary action against officers.

=== 5. Search Warrants and Entry (Part IV) ===

=== 5. Search Warrants and Entry (Part IV) ===

PACE governs the issuance and execution of search warrants:

PACE governs the issuance and execution of search warrants:

* '''Judicial Oversight:''' Search warrants must be authorised by a magistrate, ensuring judicial scrutiny before police can enter premises without consent.

* '''Judicial Oversight:''' Search warrants must be authorised by a magistrate, ensuring judicial scrutiny before police can enter premises without consent.

* '''Specificity:''' Warrants must specify the address and items to be searched for, limiting the scope and potential for abuse.

* '''Specificity:''' Warrants must specify the address and items to be searched for, limiting the scope and potential for abuse.

* '''Execution:''' Officers must follow prescribed procedures, including providing copies of warrants and respecting property rights.

* '''Execution:''' Officers must follow prescribed procedures, including providing copies of warrants and respecting property rights.

=== 6. Handling of Evidence and Seized Property ===

=== 6. Handling of Evidence and Seized Property ===

The Act includes provisions on the seizure, retention, and return of property and evidence:

The Act includes provisions on the seizure, retention, and return of property and evidence:

* '''Inventory:''' Police must provide an inventory of seized items to the owner or person from whom they were taken.

* '''Inventory:''' Police must provide an inventory of seized items to the owner or person from whom they were taken.

* '''Safekeeping:''' Evidence and property must be securely stored to maintain integrity and prevent tampering.

* '''Safekeeping:''' Evidence and property must be securely stored to maintain integrity and prevent tampering.

* '''Return or Disposal:''' Procedures govern the return of property or lawful disposal if retention is justified.

* '''Return or Disposal:''' Procedures govern the return of property or lawful disposal if retention is justified.

== Impact and Significance ==

== Impact and Significance ==

The '''Police and Criminal Evidence Act 1984 (PACE)''' has had a profound and lasting influence on policing and the administration of justice in England and Wales. By codifying police powers and introducing statutory safeguards for suspects, PACE established a legal framework that balances effective law enforcement with the protection of individual rights.

The '''Police and Criminal Evidence Act 1984 (PACE)''' has had a profound and lasting influence on policing and the administration of justice in England and Wales. By codifying police powers and introducing statutory safeguards for suspects, PACE established a legal framework that balances effective law enforcement with the protection of individual rights.

=== Enhancing Police Accountability and Transparency ===

=== Enhancing Police Accountability and Transparency ===

PACE introduced clear, statutory limits on police conduct, replacing previously ambiguous common law practices. The requirement for officers to follow detailed '''Codes of Practice''' and to record critical interactions—such as interviews and searches—has increased transparency and accountability. This has reduced incidences of abuse, coerced confessions, and unlawful searches, contributing to greater public trust in the police.

PACE introduced clear, statutory limits on police conduct, replacing previously ambiguous common law practices. The requirement for officers to follow detailed '''Codes of Practice''' and to record critical interactions—such as interviews and searches—has increased transparency and accountability. This has reduced incidences of abuse, coerced confessions, and unlawful searches, contributing to greater public trust in the police.

=== Safeguarding Suspects’ Rights ===

=== Safeguarding Suspects’ Rights ===

PACE significantly strengthened the rights of individuals suspected or accused of crimes. Protections such as:

PACE significantly strengthened the rights of individuals suspected or accused of crimes. Protections such as:

* The right to be promptly informed of the reason for arrest.

* The right to be promptly informed of the reason for arrest.

* The right to legal advice during detention and interrogation.

* The right to legal advice during detention and interrogation.

* The right to have someone informed of their arrest.

* The right to have someone informed of their arrest.

These safeguards have been instrumental in ensuring fairness and due process in the criminal justice system.

These safeguards have been instrumental in ensuring fairness and due process in the criminal justice system.

=== Influencing Police Practice and Training ===

=== Influencing Police Practice and Training ===

The Act’s detailed Codes of Practice have become essential training tools for law enforcement officers. Police forces incorporate PACE principles into their standard operating procedures, fostering consistent and lawful application of powers nationwide.

The Act’s detailed Codes of Practice have become essential training tools for law enforcement officers. Police forces incorporate PACE principles into their standard operating procedures, fostering consistent and lawful application of powers nationwide.

=== Impact on Criminal Investigations and Prosecutions ===

=== Impact on Criminal Investigations and Prosecutions ===

By regulating evidence collection and handling, PACE has helped improve the integrity and admissibility of evidence. The mandatory recording of interviews and procedures reduces disputes over police conduct and strengthens the prosecution’s case. It has also contributed to the reduction of wrongful convictions caused by improper police practices.

By regulating evidence collection and handling, PACE has helped improve the integrity and admissibility of evidence. The mandatory recording of interviews and procedures reduces disputes over police conduct and strengthens the prosecution’s case. It has also contributed to the reduction of wrongful convictions caused by improper police practices.

=== Legislative and Judicial Influence ===

=== Legislative and Judicial Influence ===

PACE has served as a foundation for subsequent legislation relating to policing and criminal justice. Courts routinely interpret and apply PACE provisions and the accompanying Codes of Practice, shaping case law that further clarifies the balance between police powers and civil liberties.

PACE has served as a foundation for subsequent legislation relating to policing and criminal justice. Courts routinely interpret and apply PACE provisions and the accompanying Codes of Practice, shaping case law that further clarifies the balance between police powers and civil liberties.

=== Ongoing Relevance and Evolution ===

=== Ongoing Relevance and Evolution ===

Since its enactment, PACE has undergone amendments and updates to address evolving challenges, such as advances in technology, changes in crime patterns, and emerging human rights standards. Its framework remains central to policing and criminal procedure in the UK.

Since its enactment, PACE has undergone amendments and updates to address evolving challenges, such as advances in technology, changes in crime patterns, and emerging human rights standards. Its framework remains central to policing and criminal procedure in the UK.

== Criticism and Challenges ==

== Criticism and Challenges ==

While the '''Police and Criminal Evidence Act 1984 (PACE)''' is widely regarded as a landmark statute in regulating police powers and protecting suspects’ rights, it has faced various criticisms and ongoing challenges in practice.

While the '''Police and Criminal Evidence Act 1984 (PACE)''' is widely regarded as a landmark statute in regulating police powers and protecting suspects’ rights, it has faced various criticisms and ongoing challenges in practice.

=== Criticism of Implementation and Police Conduct ===

=== Criticism of Implementation and Police Conduct ===

* '''Inconsistent Application:''' Despite statutory guidelines, critics note that police adherence to PACE and its Codes of Practice can be inconsistent across forces and individual officers. Instances of unlawful stop and searches, failure to properly caution suspects, or improper detention procedures continue to be reported.

* '''Inconsistent Application:''' Despite statutory guidelines, critics note that police adherence to PACE and its Codes of Practice can be inconsistent across forces and individual officers. Instances of unlawful stop and searches, failure to properly caution suspects, or improper detention procedures continue to be reported.

* '''Disproportionate Impact on Minorities:''' Stop and search powers under PACE have been criticised for disproportionately targeting ethnic minority communities, raising concerns about racial profiling and undermining public confidence.

* '''Disproportionate Impact on Minorities:''' Stop and search powers under PACE have been criticised for disproportionately targeting ethnic minority communities, raising concerns about racial profiling and undermining public confidence.

* '''Abuse of Powers:''' Some argue that the broad discretion granted to officers, especially during stop and search or arrest, allows for misuse or abuse of power in certain cases.

* '''Abuse of Powers:''' Some argue that the broad discretion granted to officers, especially during stop and search or arrest, allows for misuse or abuse of power in certain cases.

=== Challenges in Protecting Vulnerable Individuals ===

=== Challenges in Protecting Vulnerable Individuals ===

* '''Understanding of Rights:''' There is ongoing concern that vulnerable persons, including juveniles, those with mental health issues, or language barriers, may not fully understand their rights under PACE, potentially compromising fair treatment.

* '''Understanding of Rights:''' There is ongoing concern that vulnerable persons, including juveniles, those with mental health issues, or language barriers, may not fully understand their rights under PACE, potentially compromising fair treatment.

* '''Adequacy of Safeguards:''' While Codes of Practice provide additional protections for vulnerable detainees, critics question whether these measures are sufficiently robust or uniformly applied.

* '''Adequacy of Safeguards:''' While Codes of Practice provide additional protections for vulnerable detainees, critics question whether these measures are sufficiently robust or uniformly applied.

=== Procedural and Legal Complexities ===

=== Procedural and Legal Complexities ===

* '''Evolving Legal Landscape:''' The interaction between PACE and other statutes, such as the Human Rights Act 1998 or the Criminal Justice Act 2003, can create complexities in legal interpretation and enforcement.

* '''Evolving Legal Landscape:''' The interaction between PACE and other statutes, such as the Human Rights Act 1998 or the Criminal Justice Act 2003, can create complexities in legal interpretation and enforcement.

* '''Technological Advances:''' New investigative tools, such as digital surveillance and forensic technologies, pose challenges for PACE’s framework, necessitating updates to codes and procedures.

* '''Technological Advances:''' New investigative tools, such as digital surveillance and forensic technologies, pose challenges for PACE’s framework, necessitating updates to codes and procedures.

=== Impact on Justice Outcomes ===

=== Impact on Justice Outcomes ===

* '''Evidence Admissibility:''' The strict procedural requirements under PACE sometimes lead to evidence being excluded in court due to technical breaches, potentially affecting prosecutions.

* '''Evidence Admissibility:''' The strict procedural requirements under PACE sometimes lead to evidence being excluded in court due to technical breaches, potentially affecting prosecutions.

* '''Resource and Training Constraints:''' Ensuring comprehensive training and monitoring for police officers to comply fully with PACE can be resource-intensive and uneven across jurisdictions.

* '''Resource and Training Constraints:''' Ensuring comprehensive training and monitoring for police officers to comply fully with PACE can be resource-intensive and uneven across jurisdictions.

=== Calls for Reform and Review ===

=== Calls for Reform and Review ===

* Various stakeholders, including legal experts, human rights organisations, and community groups, advocate for ongoing review and reform of PACE and its Codes of Practice to address shortcomings, improve fairness, and enhance accountability.

* Various stakeholders, including legal experts, human rights organisations, and community groups, advocate for ongoing review and reform of PACE and its Codes of Practice to address shortcomings, improve fairness, and enhance accountability.

* Proposals include improved oversight mechanisms, enhanced training on cultural sensitivity and vulnerable groups, and clearer guidelines on the use of stop and search powers.

* Proposals include improved oversight mechanisms, enhanced training on cultural sensitivity and vulnerable groups, and clearer guidelines on the use of stop and search powers.

=== Section 1: Power of a Constable to Stop and Search Persons, Vehicles, and Articles ===

=== Section 1: Power of a Constable to Stop and Search Persons, Vehicles, and Articles ===

'''1. Where a Constable Can Exercise This Power:'''

'''1. Where a Constable Can Exercise This Power:'''

A constable may stop and search under this section:

A constable may stop and search under this section:

* '''(a)''' In any place to which the public, or a segment of it, has access at the time — whether that access is by payment, free entry, or via express or implied permission. Examples include streets, parks, shopping centres, or public transport stations.

* '''(a)''' In any place to which the public, or a segment of it, has access at the time — whether that access is by payment, free entry, or via express or implied permission. Examples include streets, parks, shopping centres, or public transport stations.

* '''(b)''' In any other place that people can readily access at the time, '''provided it is not a dwelling (private home)'''. This ensures respect for private residences while allowing police to act in accessible areas.

* '''(b)''' In any other place that people can readily access at the time, '''provided it is not a dwelling (private home)'''. This ensures respect for private residences while allowing police to act in accessible areas.

'''2. What a Constable May Search and Detain:'''

'''2. What a Constable May Search and Detain:'''

Subject to subsections (3) to (5), a constable:

Subject to subsections (3) to (5), a constable:

* '''(a)''' May search:

* '''(a)''' May search:

** Any person or vehicle;

** Any person or vehicle;

** Anything in or on a vehicle.  The search targets stolen or prohibited articles, any article or substance specified under subsections (8A), (8AA), or fireworks as specified under subsection (8B).

** Anything in or on a vehicle.  The search targets stolen or prohibited articles, any article or substance specified under subsections (8A), (8AA), or fireworks as specified under subsection (8B).

* '''(b)''' May detain a person or vehicle temporarily for the purpose of carrying out such a search.

* '''(b)''' May detain a person or vehicle temporarily for the purpose of carrying out such a search.

'''3. Requirement for Reasonable Grounds:'''

'''3. Requirement for Reasonable Grounds:'''

The constable must have '''reasonable grounds for suspecting''' that the search will uncover stolen or prohibited articles, specified substances, or illegal fireworks. Without such grounds, the search is unlawful — a vital safeguard against arbitrary or discriminatory stops.

The constable must have '''reasonable grounds for suspecting''' that the search will uncover stolen or prohibited articles, specified substances, or illegal fireworks. Without such grounds, the search is unlawful — a vital safeguard against arbitrary or discriminatory stops.

'''4. Restrictions on Searching in Gardens, Yards, or Land Associated with a Dwelling:'''

'''4. Restrictions on Searching in Gardens, Yards, or Land Associated with a Dwelling:'''

* A constable '''may not search a person''' in a garden, yard, or other land occupied with and used for a dwelling, '''unless''' the constable reasonably believes:

* A constable '''may not search a person''' in a garden, yard, or other land occupied with and used for a dwelling, '''unless''' the constable reasonably believes:

** The person does not live in the dwelling, and

** The person does not live in the dwelling, and

** The person is not there with the express or implied permission of someone who lives there.

** The person is not there with the express or implied permission of someone who lives there.

* Similarly, a constable '''may not search a vehicle or anything in or on it''' in such a place unless they reasonably believe the person in charge of the vehicle does not reside there and the vehicle is not there with permission.  These protections respect the privacy of residents and prevent unwarranted intrusion into private property.

* Similarly, a constable '''may not search a vehicle or anything in or on it''' in such a place unless they reasonably believe the person in charge of the vehicle does not reside there and the vehicle is not there with permission.  These protections respect the privacy of residents and prevent unwarranted intrusion into private property.

'''5. Power to Seize:'''

'''5. Power to Seize:'''

If, during a search, the constable finds an article they reasonably suspect to be stolen, prohibited, or a prohibited firework, they are empowered to '''seize''' that item immediately, preventing further potential harm or criminal activity.

If, during a search, the constable finds an article they reasonably suspect to be stolen, prohibited, or a prohibited firework, they are empowered to '''seize''' that item immediately, preventing further potential harm or criminal activity.

'''6. What Counts as a Prohibited Article?'''

'''6. What Counts as a Prohibited Article?'''

An article is prohibited if it is:

An article is prohibited if it is:

* '''(a)''' An '''offensive weapon'''; or

* '''(a)''' An '''offensive weapon'''; or

* '''(b)''' An article:

* '''(b)''' An article:

** Made or adapted for use in connection with specific offences (see below), or

** Made or adapted for use in connection with specific offences (see below), or

** Intended by the person possessing it for such use by themselves or another person.

** Intended by the person possessing it for such use by themselves or another person.

'''7. Offences Linked to Prohibited Articles:'''

'''7. Offences Linked to Prohibited Articles:'''

The offences related to such prohibited articles include but are not limited to:

The offences related to such prohibited articles include but are not limited to:

* Burglary

* Burglary

* Theft

* Theft

* Taking a motor vehicle without authority (Theft Act 1968, Section 12)

* Taking a motor vehicle without authority (Theft Act 1968, Section 12)

* Fraud (Fraud Act 2006, Section 1)

* Fraud (Fraud Act 2006, Section 1)

* Criminal damage (Criminal Damage Act 1971, Section 1)

* Criminal damage (Criminal Damage Act 1971, Section 1)

* Wilful obstruction causing serious disruption (Highways Act 1980, Section 137)

* Wilful obstruction causing serious disruption (Highways Act 1980, Section 137)

* Public nuisance and serious disruption offences under the Police, Crime, Sentencing and Courts Act 2022 and Public Order Act 2023, including:

* Public nuisance and serious disruption offences under the Police, Crime, Sentencing and Courts Act 2022 and Public Order Act 2023, including:

** Locking-on offences

** Locking-on offences

** Tunnelling offences

** Tunnelling offences

** Obstruction of major transport works

** Obstruction of major transport works

** Interference with key national infrastructure

** Interference with key national infrastructure

'''8. Special Categories of Articles and Substances:'''

'''8. Special Categories of Articles and Substances:'''

* '''(8A)''' Applies to any article linked to offences under sections 139 or 139AA of the Criminal Justice Act 1988.

* '''(8A)''' Applies to any article linked to offences under sections 139 or 139AA of the Criminal Justice Act 1988.

* '''(8AA)''' Applies to substances linked to offences under Section 6 of the Offensive Weapons Act 2019, notably the possession of corrosive substances in public places. This includes articles containing such substances.

* '''(8AA)''' Applies to substances linked to offences under Section 6 of the Offensive Weapons Act 2019, notably the possession of corrosive substances in public places. This includes articles containing such substances.

* '''(8B)''' Applies to fireworks possessed in breach of fireworks regulations, as defined by the Fireworks Act 2003.

* '''(8B)''' Applies to fireworks possessed in breach of fireworks regulations, as defined by the Fireworks Act 2003.

'''9. Definition of Offensive Weapon:'''

'''9. Definition of Offensive Weapon:'''

For this legislation, an offensive weapon means any article:

For this legislation, an offensive weapon means any article:

* '''(a)''' Made or adapted to cause injury to persons; or

* '''(a)''' Made or adapted to cause injury to persons; or

* '''(b)''' Intended by the possessor for such use, by themselves or another.

* '''(b)''' Intended by the possessor for such use, by themselves or another.

=== Summary ===

=== Summary ===

This section grants constables a vital power to protect public safety by stopping and searching persons, vehicles, and articles—but it carefully balances this with protections for individual rights and privacy, especially in residential settings. It demands reasonable suspicion before searching and defines clearly what types of items may justify such searches, reflecting evolving crime patterns and societal concerns.

This section grants constables a vital power to protect public safety by stopping and searching persons, vehicles, and articles—but it carefully balances this with protections for individual rights and privacy, especially in residential settings. It demands reasonable suspicion before searching and defines clearly what types of items may justify such searches, reflecting evolving crime patterns and societal concerns.

=== Section 2: Provisions Relating to Search Under Section 1 and Other Powers ===

=== Section 2: Provisions Relating to Search Under Section 1 and Other Powers ===

(1) A constable who detains a person or vehicle while exercising:

(1) A constable who detains a person or vehicle while exercising:

* (a) the power conferred by '''Section 1''' (stop and search); or

* (a) the power conferred by '''Section 1''' (stop and search); or

* (b) any other power to:

* (b) any other power to:

** (i) search a person without first arresting them; or

** (i) search a person without first arresting them; or

** (ii) search a vehicle without making an arrest,

** (ii) search a vehicle without making an arrest,

need not carry out the search if it subsequently appears that:

need not carry out the search if it subsequently appears that:

* (i) no search is required; or

* (i) no search is required; or

* (ii) a search is impracticable.

* (ii) a search is impracticable.

(2) If a constable contemplates conducting a search, other than a search of an unattended vehicle, in the exercise of:

(2) If a constable contemplates conducting a search, other than a search of an unattended vehicle, in the exercise of:

* (a) the power conferred by '''Section 1'''; or

* (a) the power conferred by '''Section 1'''; or

* (b) any other power—except the power conferred by '''Section 6''' and the power under '''Section 27(2) of the Aviation Security Act 1982'''—to:

* (b) any other power—except the power conferred by '''Section 6''' and the power under '''Section 27(2) of the Aviation Security Act 1982'''—to:

** (i) search a person without first arresting them; or

** (i) search a person without first arresting them; or

** (ii) search a vehicle without making an arrest,

** (ii) search a vehicle without making an arrest,

it shall be the constable’s duty, subject to subsection (4), to take reasonable steps before commencing the search to bring to the attention of the appropriate person:

it shall be the constable’s duty, subject to subsection (4), to take reasonable steps before commencing the search to bring to the attention of the appropriate person:

* (i) documentary evidence of their status as a constable if not in uniform; and

* (i) documentary evidence of their status as a constable if not in uniform; and

* (ii) regardless of uniform, the matters specified in subsection (3) below.

* (ii) regardless of uniform, the matters specified in subsection (3) below.

The constable must not commence the search until this duty has been performed.

The constable must not commence the search until this duty has been performed.

(3) The matters the constable must communicate are:

(3) The matters the constable must communicate are:

* (a) the constable’s name and the police station to which they are attached;

* (a) the constable’s name and the police station to which they are attached;

* (b) the purpose of the proposed search;

* (b) the purpose of the proposed search;

* (c) the grounds for proposing the search; and

* (c) the grounds for proposing the search; and

* (d) the effect of '''Section 3(7)''' or '''(8)''', as appropriate.

* (d) the effect of '''Section 3(7)''' or '''(8)''', as appropriate.

(4) A constable need not explain the effect of '''Section 3(7)''' or '''(8)''' if it appears impracticable to make the record required by '''Section 3(1)'''.

(4) A constable need not explain the effect of '''Section 3(7)''' or '''(8)''' if it appears impracticable to make the record required by '''Section 3(1)'''.

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

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

* (a) the person being searched, if the search is of a person; and

* (a) the person being searched, if the search is of a person; and

* (b) the person in charge of a vehicle, if the search concerns a vehicle or anything in or on it.

* (b) the person in charge of a vehicle, if the search concerns a vehicle or anything in or on it.

(6) Upon completing a search of an unattended vehicle or its contents under any such power mentioned in subsection (2), a constable must leave a notice inside the vehicle stating:

(6) Upon completing a search of an unattended vehicle or its contents under any such power mentioned in subsection (2), a constable must leave a notice inside the vehicle stating:

* (a) that a search has been carried out;

* (a) that a search has been carried out;

* (b) the name of the police station the constable is attached to;

* (b) the name of the police station the constable is attached to;

* (c) that compensation for any damage caused by the search may be claimed at that police station; and

* (c) that compensation for any damage caused by the search may be claimed at that police station; and

* (d) the effect of '''Section 3(8)'''.

* (d) the effect of '''Section 3(8)'''.

(7) The notice must be left inside the vehicle unless doing so risks damaging the vehicle.

(7) The notice must be left inside the vehicle unless doing so risks damaging the vehicle.

(8) The length of time a person or vehicle may be detained for the purpose of the search is limited to what is reasonably necessary to conduct the search at the place of initial detention or nearby.

(8) The length of time a person or vehicle may be detained for the purpose of the search is limited to what is reasonably necessary to conduct the search at the place of initial detention or nearby.

(9) Neither the power under '''Section 1''' nor any other power to detain and search a person without arrest, or to detain and search a vehicle without arrest, authorises a constable to:

(9) Neither the power under '''Section 1''' nor any other power to detain and search a person without arrest, or to detain and search a vehicle without arrest, authorises a constable to:

* (a) require a person to remove any clothing in public other than an outer coat, jacket, or gloves; or

* (a) require a person to remove any clothing in public other than an outer coat, jacket, or gloves; or

* (b) stop a vehicle if the constable is not in uniform.

* (b) stop a vehicle if the constable is not in uniform.

(10) The provisions of this section and '''Section 1''' apply equally to vessels, aircraft, and hovercraft as they do to vehicles.

(10) The provisions of this section and '''Section 1''' apply equally to vessels, aircraft, and hovercraft as they do to vehicles.

=== Section 3: Duty to Make Records Concerning Searches ===

=== Section 3: Duty to Make Records Concerning Searches ===

'''(1)''' When a constable carries out a search under any power mentioned in '''Section 2(1)''', except:

'''(1)''' When a constable carries out a search under any power mentioned in '''Section 2(1)''', except:

* (a) a search under '''Section 6'''; or

* (a) a search under '''Section 6'''; or

* (b) a search under '''Section 27(2) of the Aviation Security Act 1982''',  a written record of the search '''must be made''', unless it is not practicable to do so.

* (b) a search under '''Section 27(2) of the Aviation Security Act 1982''',  a written record of the search '''must be made''', unless it is not practicable to do so.

'''(2)''' If a record is required under subsection (1):

'''(2)''' If a record is required under subsection (1):

* (a) If the search results in a person being arrested and taken to a police station, the constable must ensure the record is included as part of the person’s custody record;

* (a) If the search results in a person being arrested and taken to a police station, the constable must ensure the record is included as part of the person’s custody record;

* (b) In any other case, the constable must make the record on the spot or, if that is not practicable, as soon as reasonably possible after the search is complete.

* (b) In any other case, the constable must make the record on the spot or, if that is not practicable, as soon as reasonably possible after the search is complete.

'''(6)''' The record of a search (whether of a person or a vehicle) must include:

'''(6)''' The record of a search (whether of a person or a vehicle) must include:

* (a)

* (a)

** (i) The object of the search;

** (i) The object of the search;

** (ii) The grounds for carrying out the search;

** (ii) The grounds for carrying out the search;

** (iii) The date and time the search was conducted;

** (iii) The date and time the search was conducted;

** (iv) The place where the search took place;

** (iv) The place where the search took place;

** (v) Except for unattended vehicle searches, the ethnic origins of the person searched or the person in charge of the vehicle, as applicable;

** (v) Except for unattended vehicle searches, the ethnic origins of the person searched or the person in charge of the vehicle, as applicable;

* (b) Identification of the constable who carried out the search.

* (b) Identification of the constable who carried out the search.

'''(6A)''' The ethnic origin recorded under subsection (6)(a)(v) must include:

'''(6A)''' The ethnic origin recorded under subsection (6)(a)(v) must include:

* (a) The ethnic origins as described by the person themselves; and

* (a) The ethnic origins as described by the person themselves; and

* (b) If different, the ethnic origins as perceived by the constable.

* (b) If different, the ethnic origins as perceived by the constable.

'''(7)''' If a record of a search of a person has been made under this section, the person searched is entitled to request and receive a copy of the record '''provided the request is made within the period specified in subsection (9)'''.

'''(7)''' If a record of a search of a person has been made under this section, the person searched is entitled to request and receive a copy of the record '''provided the request is made within the period specified in subsection (9)'''.

'''(8)''' If:

'''(8)''' If:

* (a) The owner or person in charge of a searched vehicle requests a copy of the search record within the period specified in subsection (9); and

* (a) The owner or person in charge of a searched vehicle requests a copy of the search record within the period specified in subsection (9); and

* (b) A record of the vehicle search has been made,  that person is entitled to receive a copy.

* (b) A record of the vehicle search has been made,  that person is entitled to receive a copy.

'''(9)''' The period for requesting a copy of the record, as stated in subsections (7) and (8), is '''3 months''' from the date the search was conducted.

'''(9)''' The period for requesting a copy of the record, as stated in subsections (7) and (8), is '''3 months''' from the date the search was conducted.

'''(10)''' The record-keeping requirements for vehicle searches also apply equally to searches of vessels, aircraft, and hovercraft.

'''(10)''' The record-keeping requirements for vehicle searches also apply equally to searches of vessels, aircraft, and hovercraft.

=== Section 4: Road Checks ===

=== Section 4: Road Checks ===

'''(1)''' This section governs police road checks conducted to determine whether a vehicle is carrying:

'''(1)''' This section governs police road checks conducted to determine whether a vehicle is carrying:

* (a) a person who has committed an offence other than a road traffic offence or a vehicle excise offence;

* (a) a person who has committed an offence other than a road traffic offence or a vehicle excise offence;

* (b) a person who is a witness to such an offence;

* (b) a person who is a witness to such an offence;

* (c) a person intending to commit such an offence; or

* (c) a person intending to commit such an offence; or

* (d) a person who is unlawfully at large.

* (d) a person who is unlawfully at large.

'''(2)''' For the purposes of this section, a road check means the exercise in a locality of the power conferred by '''Section 163 of the Road Traffic Act 1988''', applied so that all vehicles or vehicles selected by a certain criterion are stopped during the period the check continues in that area.

'''(2)''' For the purposes of this section, a road check means the exercise in a locality of the power conferred by '''Section 163 of the Road Traffic Act 1988''', applied so that all vehicles or vehicles selected by a certain criterion are stopped during the period the check continues in that area.

'''(3)''' Except as provided in subsection (5), a road check may only be authorised in writing by a police officer of the rank of superintendent or above.

'''(3)''' Except as provided in subsection (5), a road check may only be authorised in writing by a police officer of the rank of superintendent or above.

'''(4)''' A superintendent or above may only authorise a road check under subsection (3) for the following purposes and conditions:

'''(4)''' A superintendent or above may only authorise a road check under subsection (3) for the following purposes and conditions:

* (a) To stop a person who has committed an offence (other than a road traffic or excise offence), if the officer has reasonable grounds:

* (a) To stop a person who has committed an offence (other than a road traffic or excise offence), if the officer has reasonable grounds:

** (i) to believe the offence is indictable; and

** (i) to believe the offence is indictable; and

** (ii) to suspect the person is, or is about to be, in the locality where the road check would occur;

** (ii) to suspect the person is, or is about to be, in the locality where the road check would occur;

* (b) To stop a person who is a witness to such an indictable offence, if there are reasonable grounds for belief;

* (b) To stop a person who is a witness to such an indictable offence, if there are reasonable grounds for belief;

* (c) To stop a person intending to commit such an indictable offence, if there are reasonable grounds for belief and suspicion that the person is, or will be, in the locality;

* (c) To stop a person intending to commit such an indictable offence, if there are reasonable grounds for belief and suspicion that the person is, or will be, in the locality;

* (d) To stop a person unlawfully at large, if there are reasonable grounds for suspecting the person is, or will be, in that locality.

* (d) To stop a person unlawfully at large, if there are reasonable grounds for suspecting the person is, or will be, in that locality.

'''(5)''' A police officer below superintendent rank may authorise a road check if it appears urgently required for one of the purposes in subsection (1).

'''(5)''' A police officer below superintendent rank may authorise a road check if it appears urgently required for one of the purposes in subsection (1).

'''(6)''' If such urgent authorisation is given, the officer must:

'''(6)''' If such urgent authorisation is given, the officer must:

* (a) make a written record of the time of authorisation; and

* (a) make a written record of the time of authorisation; and

* (b) notify an officer of superintendent rank or above that the authorisation has been given.

* (b) notify an officer of superintendent rank or above that the authorisation has been given.

'''(7)''' The duties in subsection (6) must be performed as soon as practicable.

'''(7)''' The duties in subsection (6) must be performed as soon as practicable.

'''(8)''' An officer of superintendent rank or above who is notified under subsection (6) may, in writing, authorise the continuation of the road check.

'''(8)''' An officer of superintendent rank or above who is notified under subsection (6) may, in writing, authorise the continuation of the road check.

'''(9)''' If that officer considers the road check should not continue, they must record in writing:

'''(9)''' If that officer considers the road check should not continue, they must record in writing:

* (a) that the road check took place; and

* (a) that the road check took place; and

* (b) the purpose for which it took place.

* (b) the purpose for which it took place.

'''(10)''' Every authorising officer must specify the locality in which vehicles are to be stopped.

'''(10)''' Every authorising officer must specify the locality in which vehicles are to be stopped.

'''(11)''' An authorisation, other than one under subsection (5), must:

'''(11)''' An authorisation, other than one under subsection (5), must:

* (a) specify a period not exceeding seven days during which the road check may operate; and

* (a) specify a period not exceeding seven days during which the road check may operate; and

* (b) may direct that the road check be:

* (b) may direct that the road check be:

** (i) continuous; or

** (i) continuous; or

** (ii) conducted at specified times,  during that period.

** (ii) conducted at specified times,  during that period.

'''(12)''' A superintendent or above may extend a road check beyond the initial period by specifying further periods, each not exceeding seven days.

'''(12)''' A superintendent or above may extend a road check beyond the initial period by specifying further periods, each not exceeding seven days.

'''(13)''' Every written authorisation must specify:

'''(13)''' Every written authorisation must specify:

* (a) the name of the authorising officer;

* (a) the name of the authorising officer;

* (b) the purpose of the road check; and

* (b) the purpose of the road check; and

* (c) the locality for the vehicle stops.

* (c) the locality for the vehicle stops.

'''(14)''' The duties to specify the purposes of a road check include specifying any relevant indictable offence.

'''(14)''' The duties to specify the purposes of a road check include specifying any relevant indictable offence.

'''(15)''' If a vehicle is stopped during a road check, the person in charge at that time has the right to request a written statement of the road check’s purpose, provided the request is made within twelve months of the stop.

'''(15)''' If a vehicle is stopped during a road check, the person in charge at that time has the right to request a written statement of the road check’s purpose, provided the request is made within twelve months of the stop.

'''(16)''' Nothing in this section limits police officers’ power to stop vehicles for reasons other than those outlined in subsection (1).

'''(16)''' Nothing in this section limits police officers’ power to stop vehicles for reasons other than those outlined in subsection (1).

=== Section 5: Reports of Recorded Searches and Road Checks ===

=== Section 5: Reports of Recorded Searches and Road Checks ===

'''(1)''' Every annual report—

'''(1)''' Every annual report—

* (a) made under '''Section 22 of the Police Act 1996'''; or

* (a) made under '''Section 22 of the Police Act 1996'''; or

* (b) made by the Commissioner of Police of the Metropolis—  shall contain information relating to:

* (b) made by the Commissioner of Police of the Metropolis—  shall contain information relating to:

* (i) searches recorded under '''Section 3''' which have been carried out in the relevant area during the report period; and

* (i) searches recorded under '''Section 3''' which have been carried out in the relevant area during the report period; and

* (ii) road checks authorised in that area during the same period under '''Section 4'''.

* (ii) road checks authorised in that area during the same period under '''Section 4'''.

'''(2)''' The information about searches shall not include details of specific individual searches but must include:

'''(2)''' The information about searches shall not include details of specific individual searches but must include:

* (a) the total number of searches each month during the report period for:

* (a) the total number of searches each month during the report period for:

** (i) stolen articles;

** (i) stolen articles;

** (ii) offensive weapons, or articles to which '''Section 1(8A)''' applies; and

** (ii) offensive weapons, or articles to which '''Section 1(8A)''' applies; and

** (iii) other prohibited articles;

** (iii) other prohibited articles;

* (b) the total number of persons arrested each month as a consequence of searches of the types specified in (a)(i) to (iii).

* (b) the total number of persons arrested each month as a consequence of searches of the types specified in (a)(i) to (iii).

'''(3)''' The information about road checks shall include:

'''(3)''' The information about road checks shall include:

* (a) the reason each road check was authorised; and

* (a) the reason each road check was authorised; and

* (b) the outcome or results of each road check.

* (b) the outcome or results of each road check.

=== Section 6: Statutory Undertakers and Their Constables ===

=== Section 6: Statutory Undertakers and Their Constables ===

'''(1)''' A constable employed by statutory undertakers has the power to stop, detain, and search any vehicle before it leaves a goods area situated within the premises of the statutory undertakers.

'''(1)''' A constable employed by statutory undertakers has the power to stop, detain, and search any vehicle before it leaves a goods area situated within the premises of the statutory undertakers.

'''(1A)''' Without limiting the powers under subsection (1), a constable employed by the '''British Transport Police Authority''' may stop, detain, and search any vehicle before it leaves a goods area located on the premises of any successor of the British Railways Board, provided that the area is used wholly or mainly for the purposes of a relevant undertaking.

'''(1A)''' Without limiting the powers under subsection (1), a constable employed by the '''British Transport Police Authority''' may stop, detain, and search any vehicle before it leaves a goods area located on the premises of any successor of the British Railways Board, provided that the area is used wholly or mainly for the purposes of a relevant undertaking.

'''(2)''' For the purposes of this section:

'''(2)''' For the purposes of this section:

* “goods area” means any area used wholly or mainly for the storage or handling of goods;

* “goods area” means any area used wholly or mainly for the storage or handling of goods;

* “successor of the British Railways Board” and “relevant undertaking” shall have the meanings given in the '''Railways Act 1993 (Consequential Modifications) Order 1999'''.

* “successor of the British Railways Board” and “relevant undertaking” shall have the meanings given in the '''Railways Act 1993 (Consequential Modifications) Order 1999'''.

=== Section 7: Part I — Supplementary ===

=== Section 7: Part I — Supplementary ===

'''(1)''' The following enactments shall cease to have effect:

'''(1)''' The following enactments shall cease to have effect:

* (a) Section 8 of the ''Vagrancy Act 1824'';

* (a) Section 8 of the ''Vagrancy Act 1824'';

* (b) Section 66 of the ''Metropolitan Police Act 1839'';

* (b) Section 66 of the ''Metropolitan Police Act 1839'';

* (c) Section 11 of the ''Canals (Offences) Act 1840'';

* (c) Section 11 of the ''Canals (Offences) Act 1840'';

* (d) Section 19 of the ''Pedlars Act 1871'';

* (d) Section 19 of the ''Pedlars Act 1871'';

* (e) Section 33 of the ''County of Merseyside Act 1980''; and

* (e) Section 33 of the ''County of Merseyside Act 1980''; and

* (f) Section 42 of the ''West Midlands County Council Act 1980''.

* (f) Section 42 of the ''West Midlands County Council Act 1980''.

'''(2)''' Additionally, the following shall cease to have effect:

'''(2)''' Additionally, the following shall cease to have effect:

* (a) So much of any enactment contained in an Act passed before 1974, other than—

* (a) So much of any enactment contained in an Act passed before 1974, other than—

** (i) an enactment contained in a public general Act; or

** (i) an enactment contained in a 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

** (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 power shall not be exercisable after the end of a specified period.

* (b) So much of any enactment relating to statutory undertakers as provides that such power shall not be exercisable after the end of a specified period.

'''(3)''' In this Part of the 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.

'''(3)''' In this Part of the 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.

=== Section 8: Power of Justice of the Peace to Authorise Entry and Search of Premises ===

=== Section 8: Power of Justice of the Peace to Authorise Entry and Search of Premises ===

# Where a constable applies, a justice of the peace may issue a warrant authorising entry and search of premises if satisfied on reasonable grounds that:  (a) an indictable offence has been committed;  (b) there is material on the premises likely to be of substantial value, alone or with other material, to the investigation of that offence;  (c) the material is likely to be relevant evidence;  (d) the material does not include items subject to legal privilege, excluded material, or special procedure material; and  (e) any of the conditions specified in subsection (3) apply.

# Where a constable applies, a justice of the peace may issue a warrant authorising entry and search of premises if satisfied on reasonable grounds that:  (a) an indictable offence has been committed;  (b) there is material on the premises likely to be of substantial value, alone or with other material, to the investigation of that offence;  (c) the material is likely to be relevant evidence;  (d) the material does not include items subject to legal privilege, excluded material, or special procedure material; and  (e) any of the conditions specified in subsection (3) apply.

# The premises to be searched may be:  (a) one or more specific sets of premises detailed in the application (a “specific premises warrant”); or  (b) any premises occupied or controlled by a specified person, including any such specified premises (an “all premises warrant”).

# The premises to be searched may be:  (a) one or more specific sets of premises detailed in the application (a “specific premises warrant”); or  (b) any premises occupied or controlled by a specified person, including any such specified premises (an “all premises warrant”).

# For an all premises warrant, the justice of the peace must also be satisfied that:  (a) due to the particulars of the offence, it is necessary to search premises occupied or controlled by the person that are not specified in the application to locate the relevant material; and  (b) it is not reasonably practicable to specify all such premises in the application.

# For an all premises warrant, the justice of the peace must also be satisfied that:  (a) due to the particulars of the offence, it is necessary to search premises occupied or controlled by the person that are not specified in the application to locate the relevant material; and  (b) it is not reasonably practicable to specify all such premises in the application.

# The warrant may authorise multiple entries and searches if the justice of the peace considers it necessary, with the number of entries either unlimited or capped at a specified maximum.

# The warrant may authorise multiple entries and searches if the justice of the peace considers it necessary, with the number of entries either unlimited or capped at a specified maximum.

# A constable executing such a warrant may seize and retain anything found during the authorised search.

# A constable executing such a warrant may seize and retain anything found during the authorised search.

# The conditions under subsection (1)(e) are:  (a) it is not practicable to communicate with anyone entitled to grant entry;  (b) it is practicable to communicate with someone entitled to grant entry but not with anyone entitled to grant access to the evidence;  (c) entry will not be granted unless the warrant is produced; or  (d) the search's purpose may be frustrated or seriously prejudiced unless immediate entry is secured.

# The conditions under subsection (1)(e) are:  (a) it is not practicable to communicate with anyone entitled to grant entry;  (b) it is practicable to communicate with someone entitled to grant entry but not with anyone entitled to grant access to the evidence;  (c) entry will not be granted unless the warrant is produced; or  (d) the search's purpose may be frustrated or seriously prejudiced unless immediate entry is secured.

# “Relevant evidence” means anything admissible in evidence at trial for the offence in question.

# “Relevant evidence” means anything admissible in evidence at trial for the offence in question.

# This power to issue a warrant is additional to any other power to issue warrants.

# This power to issue a warrant is additional to any other power to issue warrants.

# This section applies equally to relevant offences under the Immigration Act 1971 as it does to indictable offences.

# This section applies equally to relevant offences under the Immigration Act 1971 as it does to indictable offences.

# Warrants issued by officers of Revenue and Customs under this section are subject to the provisions of Section 4 of the Summary Jurisdiction (Process) Act 1881 regarding execution of English court processes in Scotland.

# Warrants issued by officers of Revenue and Customs under this section are subject to the provisions of Section 4 of the Summary Jurisdiction (Process) Act 1881 regarding execution of English court processes in Scotland.

=== Section 9: Special Provisions as to Access ===

=== Section 9: Special Provisions as to Access ===

# A constable may obtain access to ''excluded material'' or ''special procedure material'' for the purposes of a criminal investigation by applying under '''Schedule 1''' of this Act, in accordance with the procedures set out within that Schedule.

# A constable may obtain access to ''excluded material'' or ''special procedure material'' for the purposes of a criminal investigation by applying under '''Schedule 1''' of this Act, in accordance with the procedures set out within that Schedule.

# Any Act—whether public or local—passed before this Act that allows a warrant to be issued to a constable for the purpose of searching premises in connection with a criminal investigation shall '''cease to have effect''' insofar as it authorises searches for the following:  (a) items subject to legal privilege;  (b) excluded material; or  (c) special procedure material consisting of documents or records that are not documents.

# Any Act—whether public or local—passed before this Act that allows a warrant to be issued to a constable for the purpose of searching premises in connection with a criminal investigation shall '''cease to have effect''' insofar as it authorises searches for the following:  (a) items subject to legal privilege;  (b) excluded material; or  (c) special procedure material consisting of documents or records that are not documents.

# '''Cross-jurisdictional effect''':  Section 4 of the ''Summary Jurisdiction (Process) Act 1881'' and section 29 of the ''Petty Sessions (Ireland) Act 1851''—which allow the execution of court process across borders—shall apply to any process issued by a '''circuit judge under Schedule 1 of this Act''', just as they apply to process issued by magistrates’ courts under the ''Magistrates’ Courts Act 1980''.

# '''Cross-jurisdictional effect''':  Section 4 of the ''Summary Jurisdiction (Process) Act 1881'' and section 29 of the ''Petty Sessions (Ireland) Act 1851''—which allow the execution of court process across borders—shall apply to any process issued by a '''circuit judge under Schedule 1 of this Act''', just as they apply to process issued by magistrates’ courts under the ''Magistrates’ Courts Act 1980''.

Diff: Police and Criminal Evidence Act 1984