Can the police come into my house without a warrant in England and Wales?

Your home carries a high degree of legal protection. In general, the police cannot enter your property without your permission unless they have a warrant or can point to a specific statutory power allowing warrantless entry.

The most common powers of entry without a warrant are found in section 17 of PACE 1984. These allow officers to enter premises to arrest a person for an indictable offence, to arrest a person for certain other specified offences, to recapture someone who has escaped from lawful custody, to save life or prevent serious injury, or to prevent serious damage to property. The officer must believe on reasonable grounds that the person they are seeking is on the premises.

Section 18 of PACE allows an officer to enter and search premises occupied or controlled by a person who has been arrested for an indictable offence, but this requires authorisation from an inspector or above unless the arrest is urgent.

Under the Domestic Violence, Crime and Victims Act 2004 and related powers, officers may enter premises to prevent serious harm where there is an immediate threat.

If you are at home and police knock, you have the right to ask them to identify themselves, explain why they are there, and show their warrant or authority. You do not have to let them in if they have no legal basis for entry, although obstructing an officer exercising a lawful power is a criminal offence. If officers force entry without lawful authority, they may be acting unlawfully and you should seek legal advice.

Search warrants issued under section 8 of PACE authorise entry to search for specific items connected with an indictable offence. The warrant must specify the address and the items sought. Officers must show you the warrant if you ask to see it.

Key Points

• Police generally need a warrant or a specific statutory power to enter your home
• Section 17 of PACE allows entry without a warrant to arrest someone, prevent harm, or recapture an escaped prisoner
• Section 18 of PACE allows entry to search premises of an arrested person for indictable offences, with an inspector's authority
• Ask officers to identify themselves and state their legal basis before opening the door
• You are entitled to see a search warrant if one has been issued
• Obstructing an officer exercising a lawful power is a criminal offence
• Entry without lawful authority may be unlawful; seek legal advice if this occurs
• Police may enter to save life or prevent serious injury even without a warrant