Police Station Reps - Margate Police Station

Explain what powers the police have to search your property in England and Wales


In England and Wales, police powers to search your property are primarily governed by the Police and Criminal Evidence Act 1984 (PACE). It is important to note that these powers are subject to conditions, and they must be used reasonably and proportionately.

Here's an overview of those powers:

Search Warrants: The police can apply to a Magistrates' Court for a warrant to search a property if they have reasonable grounds to suspect that a serious crime has been committed and that there is material evidence at the premises. The warrant will specify what they are looking for and where they can look. They can seize anything specified in the warrant.

Arrest-Related Searches: If the police have arrested you, they have the power to search your property for evidence relating to the offence for which you have been arrested. This can be done without a search warrant.

Imminent Danger: If the police believe that there is a danger to life or serious damage to property might be caused, they can enter and search premises without a warrant.

Specific Statutes: Some laws allow police to enter and search premises without a warrant under specific circumstances. For example, under the Misuse of Drugs Act 1971, they can search for illegal drugs.

Preventing Escape: The police can enter and search any premises where they believe a person arrested for an indictable offence has escaped and is present.

During a search, the police must act within the rules set out in PACE and its accompanying Code of Practice. They must identify themselves and the purpose of the search, and usually, they should provide a written record of the search.?In England and Wales, the police have specific powers that enable them to search your property. These include the power to enter and search without a warrant in certain circumstances such as when they are in hot pursuit of an offender, or if they believe that there is evidence of an indictable offence on your property. Under certain legislation, they may also enter premises with a warrant, for example under the Police and Criminal Evidence Act 1984 (PACE). When entering and searching premises with a warrant, police officers must provide written notice of their intention to do so.

The police also have the power to stop and search people in public places, either with reasonable suspicion or under Section 60 of the Criminal Justice and Public Order Act 1994. This allows the police to search individuals for items which could be used as weapons or which may be involved in criminal activity without having reasonable suspicion about any specific individual.