PACE Section 18 meaning

The powers of the police to enter and search premises Police powers to go into and search premises are wide-ranging and take several forms. Officers can search on the strength of a court-issued warrant, or proceed without a warrant where particular statutory powers allow. A significant portion of these powers is regulated by Part II of the Police and Criminal Evidence Act 1984 (PACE 1984) and by Code B within the PACE 1984 Codes of Practice. Searches without a warrant of premises linked to an arrest, whether made at the time or afterwards, are contained in PACE 1984, sections 18 and 32, and are the focus of this Practice Note. In addition, section 17 of PACE 1984 provides authority to enter and search without a warrant for the purpose of arresting a person. Guidance on obtaining search warrants under PACE 1984, sections 8 and 9, can be found in the Practice Notes: Obtaining and executing a search warrant, and Obtaining excluded material and special procedure material under...

Lawful powers to take and keep property (subject to legal professional privilege) after searching premises may arise in several ways, such as: pursuant to a warrant under section 8 of the Police and Criminal Evidence Act 1984 (PACE 1984) without a warrant, on or following arrest, under PACE 1984, ss 18 and 32 via the general power of seizure in PACE 1984, s 19 by removing property for retention and sifting at another location under section 50 of the Criminal Justice and Police Act 2001 (CJPA 2001), and with the owner’s consent Seizure under a warrant authority If investigators hold a warrant granted under PACE 1984, s 8 or Sch 1, they should rely on the warrant’s seizure powers because they are straightforward, swift and efficient. They may take possession of any documents (subject to legal privilege) that seem to match the description set out in the material supporting the court application for a search warrant. See Practice Note:...