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September 2006 Chapter Updates

Chapter 3 - Police Powers

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Police Law - Ninth Edition

Chapter 3 - Police Powers

Codes of Practice p 37

The existing six codes (Codes A to F) have been reissued in a revised form, and a new Code G (arrest) issued, with effect from 1 January 2006.

Pages 39, 40 and 41 under 'Power under PACE s 1 to stop and search'

Serious Organised Crime and Police Act 2005, s 115 adds a subsection (8B) to PACE, s 1 which extends the search powers thereunder to any firework which a person possesses in contravention of a prohibition imposed by fireworks regulations.

Power under PACE, s 1 to stop and search p 39

As amended, PACE, s 1(2) states that a constable may search any person or vehicle ('vehicle' includes vessels, aircraft and hovercraft), and anything which is in or on a vehicle, for stolen or prohibited articles or an article to which PACE, s 1(8A) applies or any firework to which PACE, s 1(8B) applies [SOCPA s 115]

Section 1(8B) applies to any firework which a person possesses in contravention of a prohibition imposed by fireworks regulations. The term 'firework' has the same meaning as in the Fireworks Act 2003, s 1(1) and 'fireworks regulations' has the same meaning as in that Act, [SOCPA 2005, s 115]

[Added September 2006] Exercise of these powers p 45

Add at end of this section -

The House of Lords has ruled that the powers to stop and search under TA 2000, s 44 are lawful and do not breach Art 5 (deprivation of liberty) of the European Convention on Human Rights.

Reasonable suspicion p 46

A person's religion cannot be considered as reasonable grounds for suspicion and should never be considered as a reason to stop or stop and search an individual. [2005 extension of Code A (hereafter the Stop and Search Code) new para 2.2]

Record of search p 51

In situations where it is not practicable to provide a written record of the stop or stop and search at that time. the officer should consider providing the person with details of the station at which a person may attend for a record. This may take the form of a simple business card, adding the date of the stop or stop and search. [Stop and Search Code: new guidance note 21] Where an officer makes a record of the stop electronically and is unable to produce a copy of the form at the time, the officer must explain how the person can obtain a full record of the stop or stop and search and give the person a receipt which contains;

a unique reference number and guidance on how to obtain a full copy of the stop or stop and search;
the name of the officer who carried out the stop or stop and search (other than in a case involving terrorism); and
the power used to stop and search him. [Stop and Search Code new para 4.10A]

Recording of encounters not governed by statutory powers p 53

When stopping a person in a vehicle a separate form does not need to be completed when stopping a person in a vehicle when a form HO/RT 1, Vehicle Defect Rectification Scheme Notice, or a fixed penalty notice is issued, or when a specimen of breath is required under the Road Traffic Act 1988 (RTA 1988), s 6, or when stopping a person when a penalty notice is issued for an offence. [Stop and Search Code new para 4.14]

A record of an encounter must always be made when an officer requests a person to account for himself in a public place; but where this requirement is not met but the person requests a record, the officer should provide a copy of the form but record on it that the encounter did not satisfy the requirement. The officer may refuse to issue a form if he reasonably believes that the purpose of the request is deliberately aimed at frustrating or delaying legitimate police activity. [Stop and Search Code amended para 4.19]

Search and seizure powers of community support officers

Community support officers were given powers, if their designation so provides, to search and seize by SOCPA 2005. These powers include powers to search for alcohol and tobacco; power to seize drugs, and power to require names and addresses of persons found in possession of drugs. [Stop and Search Code New Annex C]

Changes consequent upon revision of Code B (the Searching of Premises Code)

Change all references to a 'serious arrestable offence' to 'an indictable offence'.

Change all references to 'applications to a circuit judge' to 'applications to a judge of the High Court, circuit judge, recorder or district judge'. [Not yet in force]

Powers to Conduct a Road Check p 53

Statutory power

The specified power to arrest under the RTA 1988, s 163 is repealed.

Authorisation of road checks p 54

The references under this heading to 'serious arrestable offences' should be replaced by references to 'indictable offences'.

Powers to Arrest Without Warrant p 57

An arrest may be authorised by a warrant issued by a justice of the peace. The law relating to the issue and execution of warrants has already been explained.

We are concerned here with the circumstances in which an arrest may lawfully be made without a warrant. The Serious Organised Crime and Police Act 2005, ss 110 and 111 made extensive changes to powers to arrest without a warrant and repealed all references legislation to 'arrestable offences'.

Arrest for offences generally

The previous rules under this heading should be replaced by the following:

The following powers apply to any offence wherever committed. PACE ss 24 and 24A, as substituted by SOCPA 2005, deal with the powers of arrest available to constables and other persons.

Arrest without Warrant: Constables (S 24)

A constable may arrest without warrant -

anyone who is about to commit an offence;
anyone who is in the act of committing an offence;
anyone whom he has reasonable grounds for suspecting to be about to commit an offence;
anyone whom he has reasonable grounds for suspecting to be committing an offence.

If a constable has reasonable grounds for suspecting that an offence has been committed he may arrest without warrant anyone whom he has reasonable grounds to suspect of being guilty of it.
If an offence has been committed, a constable may arrest without warrant -

anyone who is guilty of the offence;
anyone whom he has reasonable grounds for suspecting to be guilty of it.

The power of arrest conferred by subsection (1), (2) or (3) is exercisable only if the constable has reasonable grounds for believing that for any of the reasons mentioned in subsection (5) it is necessary to arrest the person in question.
The reasons are -

to enable the name of the person in question to be ascertained (in the case where the constable does not know and cannot readily ascertain, the person's name, or has reasonable grounds for doubting whether a name given by the person as his name is his real name);
correspondingly as regards the person's address;
to prevent the person in question -

causing physical injury to himself or any other person;
suffering physical injury
causing loss of or damage to property;
committing an offence against public decency (but only where members of the public going about their normal business cannot reasonably be expected to avoid the person in question); or
causing an unlawful obstruction on the highway;

to protect a child or other vulnerable person from the person in question;
to allow the prompt and effective investigation of the offence or of the conduct of the person in question;
to prevent any prosecution for the offence from being hindered by the disappearance of the person in question)

The exercise of these arrest powers are subject to a test of necessity based upon the nature and the circumstances of the offence and the interests of the criminal justice system. A constable must believe that an arrest is necessary for any of the reasons set out in (5). A new Code of Practice (Code G: the Arrest Code has been issued giving guidance concerning arrest. Now that powers to arrest for specific offence are curtailed, the necessity for an arrest is likely to receive much attention within legal proceedings. It will be essential for arresting officers and custody officers to make careful records of any decisions which they make in this respect.

Reasonable suspicion

There must be some reasonable, objective grounds for the suspicion, based on known facts or information which are relevant to the likelihood that the offence has been committed and to the fact that the person to be questioned committed it.

There may be grounds for arresting a suspect on the sole basis of the word of an informant but any police officer should treat that information with considerable reserve.

The term 'reasonable grounds for suspecting' means honest belief founded on grounds which would lead an ordinary cautious person to the conclusion that the person arrested was guilty. The information relied on need not be as compelling as that required to justify a conviction or the bringing of a charge. As in the case of most other police powers where phrases like 'reasonable grounds for suspecting' or 'reasonably suspects' are used, it is not enough that such reasonable grounds for suspicion exist; the constable must actually suspect the matter in question. The European Court of Human Rights has held that on the facts a police officer had reasonable grounds to suspect that the person arrested was guilty of a terrorist murder, even though the suspicion was formed as a result of a police briefing by a superior officer, because the information in that briefing specifically linked the person arrested to the murder. The Court of Appeal has held that when an arresting officer's suspicion is formed on the basis of a police national computer entry, that entry is likely to provide him with a reasonable suspicion.

The purpose of an arrest in these circumstances is to make a person answerable to a charge. Consequently, if a person who has been arrested on reasonable suspicion that he has committed an offence is able to prove that the arresting officer knew, at the time of the arrest, that there was no possibility of a charge being made, the arrest will be held unlawful because the arresting officer will have acted for an improper purpose. Thus, for example, arrests should not be made to teach a person a lesson where it is known that there is no possibility of a charge. On the other hand, there is no reason why an arrest should not be made for the purpose of interviewing a person reasonably suspected of committing an offence, in the hope of obtaining a confession, as in such a case the possibility of a charge still exists.

Points to be considered in relation to an arrest

The Code of Practice for the Statutory Power of Arrest by Police Officers, Code G (the Arrest Code deals with the essential elements surrounding arrest The right to liberty is recognised by the Human Rights Act 1998. An arrest should not be effected if the necessary objectives could be achieved by other, less intrusive means. Arrests must be exercised in a non-discriminatory and proportionate manner.

The Arrest Code states that a lawful arrest requires two elements:

a person's involvement or suspected involvement or attempted involvement in the commission of a criminal offence; AND
reasonable grounds for believing that the person's arrest is necessary.

Arresting officers are required to inform the person arrested that they have been arrested, even if this fact is obvious, and of the relevant circumstances of the arrest in relation to both elements and to inform the custody officer of these on arrival at the police station.

Involvement in the commission of an offence A constable may arrest anyone:

who is about to commit an offence or is in the act of committing an offence;
whom the officer has reasonable grounds for suspecting is about to commit an offence or to be committing an offence;
whom the officer has reasonable grounds to suspect of being guilty of an offence which he or she has reasonable grounds for suspecting has been committed;
anyone [sic] who is guilty of an offence which has been committed or anyone whom the officer has reasonable grounds for suspecting to be guilty of that offence.

The necessity criteria The power of arrest is only exercisable if the constable has reasonable grounds for believing that it is necessary to arrest the person. The criteria for what may constitute necessity are set out below. It remains an operational decision at the discretion of the arresting officer as to:

what action he or she may take at the point of contact with the individual;
the necessity criterion or criteria (if any) which applies to the individual; and
whether to arrest, report for summons, grant street bail, issue a fixed penalty notice or take any other action that is open to the officer.

In applying the criteria, the arresting officer has to be satisfied that at least one of the reasons supporting the need for arrest is satisfied.

Extending the power of arrest to all offences provides a constable with the ability to use that power to deal with any situation. However, applying the necessity criteria requires the constable to examine and justify the reason or reasons why a person needs to be taken to a police station for the custody officer to decide whether the person should be placed in police detention.

The criteria below are set out in the new PACE, s 24. The criteria are exhaustive. However, the circumstances that may satisfy those criteria remain a matter for the operational discretion of individual officers.

In considering the individual circumstances, the constable must take into account the situation of the victim, the nature of the offence, the circumstances of the suspect and the needs of the investigative process.

The criteria referred to above are that the arrest is necessary:

to enable the name of the person in question to be ascertained (in the case where the constable does not know, and cannot readily ascertain, the person's name, or has reasonable grounds for doubting whether a name given by the person as his name is his real name);
correspondingly as regards the person's address (an address is a satisfactory address for service of a summons if the person will be at it for a sufficiently long period for it to be possible to serve him or her with a summons; or that some other person at that address specified by the person will accept service of the summons on their behalf);
to prevent the person in question -

causing physical injury to himself or any other person;
suffering physical injury;
causing loss or damage to property;
committing an offence against public decency (only applies where members of the public going about their normal business cannot reasonably be expected to avoid the person in question); or
causing an unlawful obstruction of the highway;

to protect a child or other vulnerable person from the person in question;
to allow the prompt and effective investigation of the offence or of the conduct of the person in question.

This may include cases such as:

where there are reasonable grounds to believe that the person concerned has:

made false statements;
has made statements which cannot readily be verified;
has presented false evidence;
may steal or destroy evidence,
may make contact with co-suspects or conspirators; or
may intimidate or threaten or make contact with witnesses;
and where it is necessary to obtain evidence by questioning; or

when considering arrest in connection with an indictable offence there is a need to:

enter and search any premises occupied or controlled by a person;
search the person;
prevent contact with others;
take fingerprints, footwear impressions, samples or photographs of the suspect; or

ensuring compliance with statutory drug testing requirements;
to prevent any prosecution for the offence from being hindered by the disappearance of the person in question, as where there are reasonable grounds for believing that if the person is not arrested he will not attend court, or that street bail after arrest would be insufficient to deter the suspect from trying to evade prosecution.

Information to be given on arrest

Cautions - when a caution must be given

Requirements relating to caution where there are grounds to suspect a person of having committed an offence are dealt with in the Detention Code provisions about cautions (see p 103 et seq).

A caution need not be given or repeated when informing a person who is not under arrest that he may be prosecuted for an offence. However, a court will not be able to draw any inference under the Criminal Justice and Public Order Act 1994, s 34. if the person was not cautioned.

If it appears that a person does not understand the caution, the giver should explain it in his own words.

Records of arrest

The arresting officer must record in his pocket book or by any other method used for recording information:

the nature and circumstances of the offence leading to arrest;
the reason or reasons why arrest was necessary;
the giving of the caution;
anything said by the person at the time of arrest.

The record should be made at the time of the arrest unless impracticable to do so. If not made at the time, it must be completed as soon as possible thereafter.

The custody officer must open a custody record and the information given by the arresting officer on the circumstances and reason or reasons for arrest must be recorded in it. As an alternative, a copy of the entry made by the officer (as required above) may be attached to the custody record. The custody record stands as a record of the arrest.

An arrested person must be given sufficient information to enable him to understand that he has been deprived of his liberty and the reason for his arrest, eg when a person is arrested on suspicion of committing an offence, he must be informed of the suspected offence's nature and when and where it was committed. He must also be informed of the reason or reasons why arrest is considered necessary. Vague or technical language should be avoided.

General

A police officer must consider carefully the necessity to arrest when deciding whether or not to do so. Not every refusal to provide a name and address at the officer's first request necessitates an arrest. Such a refusal should be followed by an explanation of the consequences of a continued refusal to provide an identity and an address which the officer believes to be true, and only if there is a continued refusal to provide such an identity and address should the arrest be made. However, a divisional court has accepted that where a person, whose name was unknown to a constable, was reasonably suspected by the constable of having committed an offence, these requirements are satisfied by the questions, 'What is your name?' and 'What is your address?' followed by a refusal to answer. In the event of refusal to answer, the offender should be told that he is being arrested in relation to the particular offence and for refusing to give his name and address. If an arrest is made, s 30 of the Act requires that a person arrested by a constable at a place other than a police station must be released if a constable is satisfied, before the person arrested reaches a police station, that there are no grounds for keeping him under arrest. It follows that, should an arrest be made on the grounds that a satisfactory name and address have not been provided but they are subsequently provided (or the person is identified in some other way), the arrested person must be instantly released. A record of such a release must be made as soon as practicable after the release.

The powers available to an officer as a result of an arrest - for example, entry and search of premises, holding a person incommunicado, setting up road blocks - are only available in respect of an indictable offence.

Specific Statutory Power of Arrest without Warrant

PACE, s 26 repealed all previous statutory powers for a constable to arrest (including those provided by local Acts) with exceptions. These powers are listed in PACE, Sch 2, and were adjusted by SOCPA 2005, leaving:

the arrest of absentees and deserters from HM Forces and Visiting Forces;
the arrest of persons under emergency powers or terrorism legislation;
the arrest of persons who are absent from places of detention or who have broken bail;
the arrest of absentees and deserters from HM and Visiting Forces;
certain powers under the Immigration Act 1971;
provisions of the Mental Health Act 1983;
the arrest at the direction of the presiding officer at a polling station of persons suspected of personation.

However, where the nature of the offence is such that an arrest is essential from the outset to permit further procedures to be carried out, specific provisions are made for arrest. Where this is so, it will be indicated throughout the book.

Arrest without Warrant: Other Persons (S 24A)

A person other than a constable may arrest without warrant -

anyone who is in the act of committing an indictable offence (as defined on p 24);
anyone whom he has reasonable grounds for suspecting to be committing an indictable offence.

Where an indictable offence has been committed, a person other than a constable may arrest without warrant -

anyone who is guilty of that offence;
anyone whom he has reasonable grounds for suspecting to be guilty of it.

The power of arrest conferred by subsections (1) and (2) is only exercisable if -

the person making the arrest has reasonable grounds for believing that for any of the reasons mentioned in subsection (4) it is necessary to arrest the person in question; and
it appears to the person making the arrest that it is not reasonably practicable for a constable to make it instead.

The reasons are to prevent the person in question -

causing physical injury to himself or any other person;
suffering physical injury;
causing loss of or damage to property; or
making off before a constable can assume responsibility for him.

Thus, the conditions under which an arrest by some 'other person' are more limited than in the case of a constable. The reasons in subsection (4) (d) are necessary because of the power given to support officers to detain persons with a view to handing them over to a constable.

These provisions are difficult to recall until applied to practical circumstances. It is reasonable that all citizens should be allowed to arrest persons who are actually found committing, or are reasonably suspected to be in the act of committing, such an offence which is serious enough to be classed as an indictable offence. It would be quite ridiculous to require citizens to ignore such offences which were being committed. In the same way, if a person's house has been burgled and he finds someone hiding in the garden in suspicious circumstances with property concealed nearby, it would be unrealistic to deny him the power to arrest in such circumstances. He knows that an indictable offence has been committed and has clear grounds for suspecting the particular person to be guilty of it. The situation changes in circumstances in which a person is merely observed to be acting suspiciously when there is no knowledge that a particular indictable offence has been committed. In such a case, it is sensible to restrict to constables the power to arrest on reasonable suspicion that an indictable offence has been or is about to be committed, particularly since constables are trained to observe, question and apply their minds to circumstances which might amount to 'reasonable suspicion'.

Cross-border powers to arrest pp 64 & 65

Reference to an 'arrestable offence' is removed. The cross-border powers are now in relation to offences for which a power of arrest applies in the country concerned.

Arrest without warrant for fingerprinting pp 65 & 66

The National Police Records (Recordable Offences) (Amendment) Regulations 2005, SI 2005/3106 removed from the list of offences which are 'recordable' those which were against various sections of the Licensing Act 1964. Similar offences contrary to the Licensing Act 2003 are now listed and they are:

offences of obstructing an officer under the Licensing Act 2003 ss 59(5), 96(5), 108(3), and 179(4.);
failing to notify change of name or rules of club, convictions, or court of the holding of a personal licence under LA 2003, ss 82(6), 123(2) and 128(6);M
keeping alcohol on premises for unauthorised sale etc, allowing disorderly conduct on premises, selling alcohol to drunken person or obtaining it for such a person, failing to leave licensed premises, keeping smuggled goods and allowing unaccompanied children on premises contrary to LA 2003, ss 138(1), 140(1), 141(1), 142(1), 143(1), 144(1) and 145(1);
selling alcohol to, allowing sale to, purchase by or on behalf of, allowing consumption by or delivery to children, or sending a child to obtain alcohol and allowing unsupervised sale by children contrary to LA 2003, ss 146(1), 147(1), 149(1), (3) and (4), 150(1) and (2), 152(1) and 153(1);
making false statements under LA 2003, s 158(1);
allowing premises to remain open following a closure order under LA 2003, s 160(4).

Search and seizure on arrest for an offence p 71

Replace the text under (b) on p 72 with -

(b) if the offence for which he has been arrested is an indictable offence, to enter and search any premises in which he was when arrested or immediately before he was arrested, for evidence relating to the offence.

Entry to premises to effect an arrest etc p 75

Replace (b) and (c) which appear under this heading with -

of arresting a person for an indictable offence;
of arresting a person for an offence under the Public Order Act 1936, s 1 (prohibited uniforms), or an offence under the Public Order Act 1986, s 4 (fear or provocation of violence), or an offence against the RTA 1988, s 4 (driving etc under the influence of drink or drugs),or an offence under the Road Traffic Act 1988, s 163 (failure to stop when required to do so by a police constable in uniform), or an offence against the Transport and Works Act 1992, , s 27 (involving drink or drugs),or an offence under the Criminal Justice and Public Order Act 1994, s 76 (failure to comply with an interim possession order), or to arrest a person for an offence to which the Animal Health Act 1981, s 61 applies (powers of entry and search as to rabies), or an offence contained in the Criminal Law Act 1977, ss 6 to 8, or 10 (offences of entering and remaining on property) - in this last case the arresting constable must be in uniform;

Entry, search and seizure after an arrest p 76

Entry and search

Replace the two references to 'arrestable offence' with 'indictable offence'.

Powers to Search under a Search Warrant p 77

SOCPA 2005 s 113 makes provision for 'premises warrants' which may relate to more than one set of premises occupied or controlled by a person. The same applies to production orders, p 81. The provisions concerning an application for a search warrant and the execution of such a warrant are also amended as are 'Records of searches'. p 89

The term 'serious arrestable offence' has ceased to exist and has been replaced by -'indictable offence'.

Powers to Search under a Search Warrant p 77

Power to issue warrants

In relation to PACE, s 8(1) p 78):
At (a) under this heading replace 'serious arrestable offence' with 'indictable offence'.

At (b) replace the words 'specified in the application' by 'mentioned in s 8(1A)'.

Replace text at (e) with new (e) followed by additional information as set out below.

(e) that any of the conditions specified in PACE, s 8(3) applies, in relation to each set of premises specified in the application;

he may issue a warrant authorising a constable to enter and search the premises.

The Serious Organised Crime and Police Act 2005, s 113 amended s 8 and added subsections s (1A), (1B), (1C) and (1D) to s 8. Section 8(1A) provides that the 'premises' mentioned in s 8(1)(b) are -

one or more sets of premises specified in the application (in which case the application is for a 'specified premises warrant'); or
any premises occupied or controlled by a person specified in the application, including such sets of premises as are so specified in the application (in which case the application is for an 'all premises warrant'.

Section 8(1B) provides that if the application is for an all premises warrant, the justice of the peace must also be satisfied -

that because of the particulars of the indictable offence, there are reasonable grounds for believing that it is necessary to search the premises occupied or controlled by the person in question which are not specified in the application in order to find the material referred in s 8(1)(b) which is likely to be of value to the investigation, and
that it is not reasonably practicable to specify in the application all of the premises which he occupies or controls and which might need to be searched.

These additional provisions will assist in the investigation of serious organised crime. Crime syndicates may occupy or control many sets of premises and the search of one may lead to the discovery of other premises upon which the material being sought is situated. Provided that the search continues within buildings which are within the syndicate's control, it will be authorised by an 'all premises warrant'.

Section 8(1C) provides that a warrant may authorise entry to and search of premises on more than one occasion if, on the application, the justice of the peace is satisfied that it is necessary to authorise multiple entries in order to achieve the purpose for which he issues the warrant. Section (ID) requires that if multiple entries are authorised, the number of entries authorised may be unlimited, or limited to a maximum.

Indictable offence

For these purposes an indictable offence is one which, if committed by an adult, is triable on indictment, whether it is exclusively so triable (eg murder or robbery) or triable either way.

Production orders etc p 81

PACE, Sch 1 has been amended by the Courts Act 2003 and by SOCPA 2005 so that the power previously exercisable by a circuit judge is exercisable by a judge of the High Court, Circuit judge, Recorder or a District Judge (Magistrates' Court). [Not yet in force]

Under Sch 1 a judge may make a 'production order' or, in certain cases, issue a search warrant in respect of excluded material or special procedure material.

The references to 'serious arrestable offences' and 'arrestable offences' are replaced by references to 'indictable offences' and the appropriate changes are made to recognise 'all premises warrants'.

The judge may not issue an all premises warrant unless he is satisfied -

that there are reasonable grounds for believing that it is necessary to search premises occupied or controlled by the person in question which are not specified in the application, as well as those which are, in order to find the material in question; and
that it is not reasonably practicable to specify all of the premises which he occupies or controls which might need to be searched.

Production Orders p 81

The making of an application p 84

SOCPA 2005, s 113 amended by PACE s 15 in relation to applications for search warrants in consequence of the introduction of warrants authorising the search of more than one set of premises. This amending legislation has been amended by SI 2005/3496. Although the combined effect of these amendments is dealt with elsewhere, separate mention as to source is indicated in case readers have become aware of the content of the original s 113 in other works published before SI 2005/3496.

The making of an application p 84

Replace existing information under this heading with:

Between them, PACE, s 15 and the Searching of Premises Code provide the following rules for all search warrants. An application for a search warrant must be supported by information in writing, specifying:

the enactment under which the application is made;
whether the warrant is to authorise entry and search of one set of premises, or if the application is under PACE s 8, or Sch 1, more than one set of specified premises or all premises occupied or controlled by a specified person,
the object of the search;
the grounds on which the application is made (including, when the purpose of the proposed search is to find evidence of an alleged offence, an indication of how the evidence relates to the investigation);
where the application is under PACE, s 8 or Sch 1 for a single warrant to enter and search:

more than one set of specified premises, the officer must specify each set of premises which it is desired to enter and search;
all premises occupied or controlled by a specified person, the officer must specify;

as many sets of premises which it is desired to enter and search as it is reasonably practicable to specify,
the person who is in occupation or control of those premises and any others which it is desired to search,
why it is necessary to search more premises than those which can be specified,
why it is not reasonably practicable to specify all the premises which it is desired to enter and search.

whether an application under PACE, s 8 is for a warrant authorising entry and search on more than one occasion, and if so, the officer must state the grounds for this and whether the desired number of entries authorised is unlimited or a specified maximum.
that there are no reasonable grounds for believing that material to be sought:

consists of or includes items subject to legal privilege (when applying to a justice of the peace or a judge of the High Court, a circuit judge, recorder or district judge); or
consists of or includes excluded material or special procedure material (when applying to a justice of the peace); (however, this does not affect the additional powers of seizure in the Criminal Justice and Police Act 2002, Part 2 (material to be sifted and examined elsewhere);

if applicable, a request for the warrant to authorise a person or persons to accompany the officer who executes the warrant.

Although the identity of an informant need not be disclosed, the officer must be prepared to deal with questions about the accuracy of previous information provided by that source or other related matters. An application under PACE, Sch 1 must, where appropriate, indicate why it is believed that service of notice of an application for a production order may seriously prejudice the investigation. An application under the Terrorism Act 2000, Sch 5 must indicate why a production order would be inappropriate.

All applications must be supported by an information in writing and the constable must answer on oath any question asked by the justice. If an application is refused, no further application may be made for a warrant to search those premises unless supported by additional grounds.

A search warrant may authorise entry on one occasion only. There must be two copies of a specific premises warrant which specifies only one set of premises and does not authorise multiple entries. In the case of any other warrant, as many copies as are reasonably required may be made. Where a warrant authorises multiple entries and if it does it must specify whether the number of entries authorised is unlimited, or limited to a specified maximum.

The provisions concerning all premises warrants were added by SOCPA 2005, s 113 to cover the search of all premises found to be in the occupation, or under the control, of a person or organisation involved in serious organised crime.

Execution of a search warrant p 84

The second paragraph under this heading should be replaced with -

A warrant may be executed by any constable. It may authorise other persons to accompany any constable executing it and a person so authorised has the same powers as a constable in relation to the execution of the warrant and the seizure of anything to which the warrant relates. Entry and search must be within three months of issue and must be at a reasonable hour unless the purpose of the search may be frustrated by entry at such time. Section 16(3A) was added by SOCPA 2005, s 113 to cover the execution of all premises warrants. It provides that in the case of an all premises warrant, no premises which are not specified in the warrant may be entered or searched unless a police officer of at least the rank of inspector has in writing authorised them to be entered. Section 16(3B) provides that no premises may be entered or searched for the second or any subsequent time under a warrant which authorises multiple entries unless a police officer of at least the rank of inspector has authorised that entry in writing.

Use of force p 87

Designated officers (ie persons other than a police officer, designated under the Police Reform Act 2002, Pt 4) are also entitled to use reasonable force in these circumstances.

Such officers may use reasonable force as follows:

when exercising a power which allows a police officer to use reasonable force; and
at other times when carrying out duties conferred or imposed upon them which also entitle them to use reasonable force such as:

when at a police station carrying out the duty to keep detainees for whom they are responsible under control and to assist any other police officer or designated person to keep any detainee under control and prevent his escape;
when securing, or assisting any other police officer or designated person in securing, the detention of a person at a police station;
when escorting, or assisting any other police officer or designated person in escorting, a detainee within a police station; or
for the purpose of saving life or limb; or
preventing serious damage to property. [Code C 1.14(a) and (b)]

Records of searches p 89

Search registers must be maintained at sub-divisional police stations.

In the paragraph beginning - 'Where the premises have been searched under a warrant', note that the requirements apply on each occasion when premises are searched, and replace (b) and (c) as follows:

whether any other articles were seized;
the date and time at which it was executed and if present, the name and address of the occupier, or if the occupier was not present, the name of the person in charge of the premises; [Code B 8.2 as amended]

Telecommunications and public telephone services p 92

Add to end of first paragraph on this page:

This defence does not extend to a person who merely has the right to access or operate a system; it is available to a person who has the right to control the operation or use of the system. [R v Stanford (2006) Times, 7 February]

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