Warrant to Enter and Search Premises

PACE 1984, s.8

Warrant: Yes
Force: Yes
Notice: No

A magistrates' court may issue a warrant authorising a constable to enter and search premises if there are reasonable grounds for believing a indictable offence has been committed and there is material on the premises likely to be of substantial value to the investigation. This is the standard warrant power under PACE.

Conditions

Application must be made to a magistrates' court (on sworn information)
Reasonable grounds to believe a indictable offence has been committed
Material of substantial value to the investigation is on the premises
Material is likely to be relevant evidence
One of the three access conditions in s.8(3) must be satisfied (consent given or would be refused, or the case is urgent)

Limitations

Special procedure material and excluded material cannot be seized under s.8: Schedule 1 procedure required
Warrant must specify the premises and, as far as practicable, the articles sought
All-premises warrants require additional justification under s.8(1A)
Cannot be used to search for legally privileged material

Last updated 24 September 2026