Police at Your Door: What Are Your Rights?

If police officers attend your home, the first question to establish is whether they have a legal right to enter. In most circumstances, officers cannot enter a private dwelling without either the occupier's consent or a specific statutory power. You are entitled to ask the officers to identify themselves, to explain why they are there, and to state the legal power under which they are seeking to enter if entry is being demanded.

The main statutory powers of entry without a warrant are found in section 17 of PACE 1984. These allow a constable to enter premises: to execute an arrest warrant; to arrest a person for an indictable offence; to arrest for specified offences under the Public Order Act 1986, the Criminal Justice and Public Order Act 1994, and other listed statutes; to recapture a person who has escaped lawful custody; to save life or limb; or to prevent serious damage to property. The officer must have reasonable grounds for believing the person sought is on the premises.

If the officers are executing a search warrant, you should ask to see it. The warrant should state: which premises may be searched, what articles are being sought, and the name of the officer authorised to execute it. Under section 16 of PACE, the warrant must be executed at a reasonable hour (unless this would frustrate the purpose of the search), and the officer executing it must identify themselves and produce the warrant if asked. You are entitled to a copy of the warrant.

If officers attend without a warrant and without a section 17 power, they can only enter with your consent. You are not obliged to let them in. If you do consent to entry, you can withdraw your consent at any time and ask them to leave. If you refuse entry and the officers believe they have a power to enter, they should tell you which power they are relying on. If you believe your rights have been violated, you should note the officers' numbers and shoulder markings and consider making a complaint. Any evidence obtained through an unlawful entry may be excluded at trial under section 78 of PACE.