Policing.uk

Police powers

98 pages. What the police may do, under which section, and on what conditions.

Animal welfare 1

  • Entry to Premises Under Animal Welfare ActAnimal Welfare Act 2006 s.19

    A constable or inspector may enter premises (other than a private dwelling) to search for a protected animal where they reasonably believe a

Children 3

  • Emergency Protection OrderChildren Act 1989 s.44

    A court may make an emergency protection order (EPO) if it is satisfied that there is reasonable cause to believe that a child is likely to

  • Safeguarding and Promoting Welfare of ChildrenChildren Act 2004 s.11

    Section 11 imposes a duty on specified bodies, including police authorities, local authorities, NHS bodies, and probation services, to make

  • Warrant Authorising Search for ChildrenChildren Act 1989 s.48

    Where a court has made an emergency protection order under s.44, and the person seeking to exercise the order has been prevented from doing

Consumer 3

  • Entry and Inspection for Product SafetyConsumer Protection Act 1987 s.29

    An enforcement authority officer may enter any premises (other than premises used only as a dwelling) at any reasonable hour for the purpose

  • Entry to Test and Inspect Weights and MeasuresWeights and Measures Act 1985 s.79

    An inspector of weights and measures may at all reasonable times enter any premises (other than premises used only as a dwelling) at which t

  • Trading Standards Entry and InspectionConsumer Rights Act 2015 Schedule 5

    Schedule 5 of the Consumer Rights Act 2015 confers powers on enforcement officers (primarily trading standards officers) to enter premises a

Drugs 7

Environmental 4

  • Abatement of Statutory NuisanceEnvironmental Protection Act 1990 s.81

    Where a local authority has served an abatement notice in respect of a statutory nuisance (such as noise, smoke, fumes, dust, odour, or accu

  • Entry for Water Pollution InvestigationWater Resources Act 1991 s.169

    An authorised person may enter any premises for the purpose of exercising any power or performing any duty conferred by the Water Resources

  • Entry to Investigate Waste OffencesEnvironmental Protection Act 1990 s.71

    An authorised officer of a waste regulation authority (the Environment Agency in England) may enter premises at any reasonable time for the

  • Powers of Entry for Environment Agency InspectorsEnvironment Act 1995 s.108

    Environment Agency inspectors and those enforcing environmental legislation have wide powers of entry to premises to carry out inspections,

Firearms 6

  • Entry and Search Following Certificate RevocationFirearms Act 1968 s.46

    Where a firearm or shotgun certificate has been revoked, a constable may be authorised by a warrant issued by a justice of the peace to ente

  • Entry and Search of Premises for FirearmsFirearms Act 1968 s.46

    A justice of the peace or sheriff may grant a warrant authorising a constable to enter premises, by force if necessary, and to search for an

  • Powers Relating to Realistic Imitation FirearmsViolent Crime Reduction Act 2006 s.38

    Makes it an offence to manufacture, import, or sell realistic imitation firearms.

  • Stop and Search for FirearmsFirearms Act 1968 s.47

    A constable may require a person whom the officer has reasonable cause to suspect is carrying a firearm in a public place to hand over the f

  • Stop and Search for FirearmsFirearms Act 1968 s.50

    A constable may require a person in a public place, whom the officer has reasonable cause to suspect is carrying a firearm, to hand over the

  • Stop and Search for FirearmsFirearms Act 1968 s.47

    Authorises a constable who has reasonable cause to suspect a person of having a firearm in a public place, or to be committing or about to c

Housing 4

  • Entry for Demolition OrdersHousing Act 1985 s.265 and s.270

    Where a local authority has made a demolition order in respect of a building that is unfit for human habitation, an authorised officer may e

  • Entry for Planning EnforcementTown and Country Planning Act 1990 s.196A

    Authorises a person duly authorised in writing by the local planning authority to enter any land at any reasonable hour for the purpose of a

  • Entry for Public Health PurposesPublic Health Act 1936 s.287

    Authorises an authorised officer of a local authority to enter any premises at any reasonable hour for the purpose of ascertaining whether t

  • Entry to Inspect Housing ConditionsHousing Act 2004 s.239

    Authorises an officer of the local housing authority to enter premises at any reasonable time for the purpose of surveying and examining the

Immigration 1

Justice 1

Licensing 4

  • Closure of Premises Causing DisorderLicensing Act 2003 s.169A (formerly s.161, as amended)

    A senior police officer (inspector or above) may order the immediate closure of licensed premises for up to 24 hours where the officer reaso

  • Entry to Gambling Premises by ConstableGambling Act 2005 s.317

    A constable may enter premises in which the constable reasonably suspects that an offence under the Gambling Act 2005 is being committed, or

  • Entry to Licensed Premises by ConstableLicensing Act 2003 s.97

    A constable may enter and inspect any premises in respect of which a premises licence or temporary event notice has effect, at any reasonabl

  • Test Purchases and Entry to Licensed PremisesLicensing Act 2003 s.147A and s.154

    Authorises the use of test purchases by trading standards officers and police to detect the sale of alcohol to persons under 18.

Local authority 1

  • Local Authority Entry to Enforce ASB OrdersAnti-social Behaviour, Crime and Policing Act 2014 s.43 and s.76

    Local authorities and constables have powers to enter premises in connection with the enforcement of civil injunctions (Part 1) and closure

Mental health 5

  • Court of Protection Welfare PowersMental Capacity Act 2005 s.16

    The Court of Protection may make orders and give directions relating to the personal welfare of a person who lacks capacity, which may inclu

  • Removal from Public Place to Place of SafetyMental Health Act 1983 s.136

    Allows a constable to remove a person who appears to be suffering from a mental disorder and to be in immediate need of care or control from

  • Retaking Patients Absent Without LeaveMental Health Act 1983 s.18

    Section 18 authorises the retaking of patients who are absent without leave from hospital or from any place where they are required to resid

  • Warrant to Enter Premises and Remove PersonMental Health Act 1983 s.135

    A justice of the peace may issue a warrant authorising a constable, accompanied by a registered medical practitioner and an approved mental

  • Warrant to Retake Patients from Places of SafetyMental Health Act 1983 s.135(2)

    A justice of the peace may issue a warrant authorising a constable to enter premises, by force if necessary, to retake a patient who is liab

Other offences 8

  • Entry and Search for Counterfeiting MaterialForgery and Counterfeiting Act 1981 s.24A (as amended)

    A constable may apply to a justice of the peace for a warrant to enter and search premises where the constable suspects that a counterfeitin

  • Entry and Search for ExplosivesExplosives Act 1875 s.73 and s.75

    Inspectors and constables have power to enter premises used for the manufacture, storage, or sale of explosives to check compliance with the

  • Entry and Search for Proceeds of CrimeProceeds of Crime Act 2002 s.294 and s.352

    Constables and financial investigators have powers under the Proceeds of Crime Act 2002 to enter and search premises for cash (s.294 et seq.

  • Entry to Disconnect Illegal Telephone Lines and InterceptionInvestigatory Powers Act 2016 ss.37-48 (interception warrants)

    The Secretary of State may issue interception warrants under the Investigatory Powers Act 2016 authorising the interception of communication

  • Search Warrant for Stolen GoodsTheft Act 1968 s.26

    A justice of the peace may grant a warrant to search premises for stolen goods where a constable has reasonable cause to suspect that stolen

  • Warrant to Enter and Search for Sex OffendersSexual Offences Act 2003 s.96B

    A constable may apply to a justice of the peace for a warrant to enter and search premises if there are reasonable grounds to believe that a

  • Warrant to Search for Children at RiskChildren Act 1989 s.48

    A court may issue a warrant authorising a constable to assist a local authority in gaining access to a child in respect of whom an emergency

  • Warrant to Search for Obscene PublicationsObscene Publications Act 1959 s.3

    A justice of the peace may issue a warrant authorising a constable to search premises and seize and remove any articles found that the const

PACE powers 24

  • Access to Special Procedure and Excluded MaterialPACE 1984 Sch.1

    A circuit judge may make a production order or issue a warrant under Schedule 1 to PACE to obtain access to special procedure material (such

  • Arrest Without WarrantPACE 1984 s.24

    A constable may arrest without a warrant anyone who is about to commit, is committing, or has committed an offence, or anyone whom the const

  • Authorisation for Covert Entry for SurveillancePolice Act 1997 s.93

    A chief constable or equivalent senior officer may authorise the entry onto or interference with property in the interests of national secur

  • Directed and Intrusive Surveillance AuthorisationRegulation of Investigatory Powers Act 2000 s.28 and s.32

    RIPA 2000 provides the statutory framework for authorisation of directed surveillance (observation in public places) and intrusive surveilla

  • Entry and Search of Premises After ArrestPACE 1984 s.18

    Allows a constable to enter and search premises occupied or controlled by a person who has been arrested for an indictable offence, to searc

  • Entry Powers of Police Community Support OfficersPolice Reform Act 2002 Sch.4, Part 1

    Police Community Support Officers designated with relevant powers by a chief constable may exercise certain entry powers alongside the const

  • Entry to Premises to Arrest or RecapturePACE 1984 s.17

    Allows a constable to enter and search any premises for the purpose of arresting a person for an indictable offence, or recapturing a person

  • Entry to Save Life or LimbPACE 1984 s.17(1)(e)

    Allows a constable to enter and search any premises for the purpose of saving life or preventing serious injury to any person.

  • Entry to Secure Crime ScenePACE 1984 s.19 and common law

    Once lawfully on premises (whether by consent, warrant, or under another power), a constable may seize any article on those premises if they

  • General Power of Seizure on Lawful PremisesPACE 1984 s.19

    Where a constable is lawfully on any premises, section 19 provides a general power to seize anything on the premises if the officer has reas

  • Intimate Search of Detained PersonsPACE 1984 s.55

    Provides that an intimate search of a person in police detention may be authorised by an officer of at least inspector rank if there are rea

  • Retention of Seized PropertyPACE 1984 s.22

    Governs how long property seized under PACE powers may be retained by the police.

  • Road Checks for Serious OffencesPACE 1984 s.4

    Authorises a police officer of the rank of superintendent or above to establish road checks (road blocks) to stop vehicles in a defined area

  • Safeguards for Search WarrantsPACE 1984 s.15

    Sets out the procedural safeguards that must be followed when applying for and executing search warrants under any enactment.

  • Search of Detained Person at Police StationPACE 1984 s.54

    A custody officer must ascertain everything a detained person has with them at the time of arrival at a police station and may seize and ret

  • Search of Detained Persons at Police StationPACE 1984 s.54

    Authorises the custody officer at a police station to search any person who is in police detention, or to authorise the search by a constabl

  • Search Upon ArrestPACE 1984 s.32

    Allows a constable to search an arrested person and enter and search premises in which the person was at the time of or immediately before a

  • Stop and Search for Stolen or Prohibited ArticlesPACE 1984 s.1

    A constable may search any person or vehicle in a public place where the officer has reasonable grounds to suspect that the person is carryi

  • Supplementary DNA Profile ProvisionsPACE 1984 s.63A

    Governs how DNA profiles derived from samples taken under PACE may be used, retained, and compared against records held on the National DNA

  • Taking FingerprintsPACE 1984 s.61

    Provides the power to take fingerprints from a person detained at a police station.

  • Taking Non-Intimate SamplesPACE 1984 s.63

    Provides the power to take non-intimate samples (such as hair, nail clippings, swabs from any part of the body other than a body orifice, sa

  • Urgent Entry After Arrest Without Inspector AuthorisationPACE 1984 s.18(5)

    Where a constable has a person in custody following arrest for an indictable offence and the search of premises is necessary before the pers

  • Use of Reasonable Force for PACE PowersPACE 1984 s.117

    Section 117 provides that where any provision of PACE confers a power on a constable, and does not expressly provide that the power may only

  • Warrant to Enter and Search PremisesPACE 1984 s.8

    A magistrates' court may issue a warrant authorising a constable to enter and search premises if there are reasonable grounds for believing

Policing 1

  • Search for Weapons on School PremisesCriminal Justice Act 1988 s.139B

    A constable may enter school premises and search those premises and any person on them for any bladed or pointed article or offensive weapon

Public order 7

  • Authorised Stop and Search Without SuspicionCriminal Justice and Public Order Act 1994 s.60

    An inspector or more senior officer may authorise constables to stop and search persons and vehicles in a defined area for offensive weapons

  • Closure Notices and Orders for PremisesAnti-social Behaviour, Crime and Policing Act 2014 s.76

    A police officer of at least inspector rank, or the local authority, may issue a closure notice in respect of premises associated with nuisa

  • Dispersal PowersAnti-social Behaviour, Crime and Policing Act 2014 s.34

    An inspector or above may authorise the use of dispersal powers in a specified locality for up to 48 hours where there are reasonable ground

  • Entry to Prevent Breach of the PeaceCommon Law Common Law Power

    At common law, a constable may enter private premises to prevent or stop a breach of the peace.

  • Power to Remove Persons Committing Aggravated TrespassCriminal Justice and Public Order Act 1994 s.68 and s.69

    A constable may arrest without warrant a person whom the officer reasonably suspects is committing the offence of aggravated trespass (inten

  • Prohibition of Trespassory AssembliesPublic Order Act 1986 s.14A

    A chief officer of police may apply to the local council for an order prohibiting trespassory assemblies in a specified area if the chief of

  • Removal of Unauthorised EncampmentsCriminal Justice and Public Order Act 1994 s.61

    Where a senior police officer reasonably believes that two or more persons are trespassing on land with the purpose of residing there, and t

Regulatory 6

Revenue 2

Terrorism 7

Transport 3

  • Constable Power to Stop VehiclesRoad Traffic Act 1988 s.163

    A constable in uniform, or a traffic officer, may require the person driving a mechanically propelled vehicle on a road to stop the vehicle.

  • Preliminary Breath TestRoad Traffic Act 1988 s.6

    A constable may require a person to provide a preliminary breath test if the constable reasonably suspects the person is driving, has been d

  • Production of Driving DocumentsRoad Traffic Act 1988 s.165

    A constable or vehicle examiner may require a person driving a motor vehicle on a road to produce their driving licence, certificate of insu