Can police force entry into my home by breaking down the door?

The short answer is yes: in certain circumstances the police can force entry to premises, including by breaking down a door. However, this power is not unlimited and must be exercised only where lawful authority exists and where peaceful entry has been refused or is not reasonably available.

Where officers have a search warrant or an arrest warrant specifying the premises, they may use reasonable force to gain entry if they cannot enter by other means. Under sections 15 and 16 of PACE and Code B, they must first announce their presence and authority and request entry. If entry is refused or cannot be obtained after a reasonable request, they may use reasonable force. In urgent cases, or where announcing their presence would frustrate the purpose of the entry, they may force entry without prior request.

Without a warrant, officers may force entry under section 17 of PACE if they are entering to arrest someone for an indictable offence (and have reasonable grounds to believe that person is on the premises), to prevent serious harm, or to recapture an escaped prisoner. The force used must be reasonable and proportionate.

If officers force entry without lawful authority, the entry is unlawful. Any evidence obtained as a result may be challenged as unlawfully obtained, and the officers may face civil liability for trespass to property and any damage caused.

Where entry is forced, officers must secure the premises afterwards to the same standard as before the entry if the occupant is not present. Where damage is caused, the occupant may be entitled to compensation. You should document any damage caused by a forced entry and seek legal advice if you believe it was unnecessary or unlawful.

Key Points

• Police can force entry under a search warrant if peaceful entry is refused
• Section 17 of PACE allows forced entry without a warrant to arrest, prevent harm, or recapture an escaped prisoner
• Officers must announce their presence and request entry before forcing it, except in urgent cases
• Force used must be reasonable and proportionate to the circumstances
• Entry without lawful authority is unlawful and may give rise to civil liability
• Evidence obtained through unlawful forced entry may be challenged in court
• Officers must secure the premises after forced entry if the occupant is absent
• Document any damage caused and seek legal advice if the entry was unlawful or unnecessary