Code B: Code of Practice for Searches of Premises by Police Officers and the Seizure of Property Found by Police Officers on Persons or Premises

Code B regulates the powers of police officers to search premises and to seize property found on premises or on persons. It covers searches carried out under warrant, searches in connection with an arrest, and searches with consent. The code sets out the safeguards that apply before, during, and after a search, including the requirement to make a written record and to leave a copy of the authority at the premises. It also addresses the special considerations that apply when searching premises occupied by or on behalf of a journalist or a legally privileged person.

Key Sections

1 Introduction: Explains the scope of the code and the need to balance the effective investigation of crime with respect for the privacy and property of individuals. Officers must conduct searches with the minimum of inconvenience to the occupant.

2 General rules on the exercise of search powers: Searches must be made at a reasonable hour unless this would frustrate the search. Officers must identify themselves and show their warrant or authority. Reasonable force may be used to gain entry only if entry is refused or cannot be obtained by other means.

3 Search warrants and production orders: Sets out the application process for search warrants under section 8 of PACE and the special procedure for obtaining a production order for excluded or special procedure material. Warrants must be specific about the premises and the items sought.

4 Entry without warrant: particular powers: Lists the powers to search premises without a warrant, including entry to effect an arrest, to search after an arrest, or in an emergency. Section 17 and section 18 of PACE are the primary sources of these powers.

5 Searching with consent: Where there is no legal power to search, officers may search with the occupier's genuine consent. Consent must be given freely and the occupier must be told they are not obliged to consent and may withdraw consent at any time.

6 Searching premises: general considerations: Sets out rules on how searches must be conducted, including the requirement that they must be conducted with due consideration for the occupier's property and with no more disruption than is necessary. The occupier or a responsible person should be present where possible.

7 Seizure and retention of property: Officers may seize anything covered by the warrant or anything they have reasonable grounds to believe is evidence of an offence. Property must be handled carefully and a receipt given. Legally privileged material must not be seized.

8 Action after searches: A record of every search must be made, including the authority relied upon, the extent of the search, the items seized, and whether anything was damaged. A copy of the record must be given to the occupier on request within 12 months.