"An Act to make further provision in relation to the powers and duties of the police, persons in police detention, criminal evidence, police discipline and complaints against the police; to provide for arrangements for obtaining the views of the community on policing and for a rank of deputy chief constable; to amend the law relating to the Police Federations and Police Forces and Police Cadets in Scotland; and for connected purposes. [31st October 1984]"
PART I
POWERS TO STOP AND SEARCH
Section 1
(3) This section does not give a constable power to search a person or vehicle or anything in or on a vehicle unless he has reasonable grounds for suspecting that he will find stolen or prohibited articles.
(4) If a person is in a garden or yard occupied with and used for the purposes of a dwelling or on other land so occupied and used, a constable may not search him in the ' exercise of the power conferred by this section unless the constable has reasonable grounds for believing-
(a) that he does not reside in the dwelling ; and
(b) that he is not in the place in question with the express or implied permission of a person who resides in the dwelling.
(5) If a vehicle is in a garden or yard occupied with and used for the purposes of a dwelling or on other land so occupied and used, a constable may not search the vehicle or anything in or on it in the exercise of the power conferred by this section unless he has reasonable grounds for believing-
(a) that the person in charge of the vehicle does not reside in the dwelling ; and
(b) that the vehicle is not in the place in question with the express or implied permission of a person who resides in the dwelling.
(9) Neither the power conferred by section 1 above nor any other power to detain and search a person without first arresting him or to detain and search a vehicle without making an arrest is to be construed-
(a) as authorising a constable to require a person to remove any of his clothing in public other than an outer coat, jacket or gloves ; or
(b) as authorising a constable not in uniform to stop a vehicle.
Section 3(3) The record of a search of a person shall include a note of his name, if the constable knows it, but a constable may not detain a person to find out his name.
PART II
POWERS OF ENTRY, SEARCH AND SEIZURE
Section 8
1) If on an application made by a constable a justice of the peace is satisfied that there are reasonable grounds for believing-
(a) that a serious arrestable offence has been committed ; and
(b) that there is material on premises specified in the application which is likely to be of substantial value (whether by itself or together with other material) to the investigation of the offence; and
(c) that the material is likely to be relevant evidence ; and
(d) that it does not consist of or include items subject to legal privilege, excluded material or special procedure material; and
(e) that any of the conditions specified in subsection (3) below applies, he may issue a warrant authorising a constable to enter and search the premises.
Section 16
(1) A warrant to enter and search premises may be executed by any constable.
(2) Such a warrant may authorise persons to accompany any constable who is executing it.
(3) Entry and search under a warrant must be within one month from the date of its issue.
(4) Entry and search under a warrant must be at a reasonable hour unless it appears to the constable executing it that the purpose of a search may be frustrated on an entry at a reasonable hour.
(5) Where the occupier of premises which are to be entered and searched is present at the time when a constable seeks to execute a warrant to enter and search them, the constable-
(a) shall identify himself to the occupier and, if not in uniform, shall produce to him documentary evidence that he is a constable ;
(b) shall produce the warrant to him ; and
(c) shall supply him with a copy of it.
(6) Where-
(a) the occupier of such premises is not present at the time when a constable seeks to execute such a warrant ; but
(b) some other person who appears to the constable to be in charge of the premises is present, subsection ' (5) above shall have effect as if any reference to the occupier were a reference to that other person.
(7) If there is no person present who appears to the constable to be in charge of the premises, he shall leave a copy of the warrant in a prominent place on the premises.
(8) A search under a warrant may only be a search to the extent required for the'purpose for which the warrant was issued.
(9) A constable executing a warrant shall make an endorsement on it stating-
(a) whether the articles or persons sought were found ; and
(b) whether any articles were seized, other than articles which were sought.
(10) A warrant which-
(a) has been executed ; or
(b) has not been executed within the time authorised for its execution, shall be returned- (i) if it was issued by a justice of the peace, to the clerk to the justices for the petty sessions area for which he acts ; and (ii) if it was issued by a judge, to the appropriate officer of the court from which he issued it.
(11) A warrant which is returned under subsection (10) above shall be retained for 12 months from its return-
(a) by the clerk to the justices, if it was returned under paragraph (i) of that subsection ; and
(b) by the appropriate officer, if it was returned under paragraph (ii).
(12) If during the period for which a warrant is to be retained the occupier of the premises to which it relates asks to inspect it, he shall be allowed to do so.
Entry and search without search warrant
Section 17
(1) Subject to the following provisions of this section, and without prejudice to any other enactment, a constable may enter and search any premises for the purpose-
(a) of executing-
(i) a warrant of arrest issued in connection with or arising out of criminal proceedings ; or
(ii) a warrant of commitment issued under section 76 of the Magistrates' Courts Act 1980;
(b) of arresting a person for an arrestable offence ;
(c) of arresting a person for an offence under-
(i) section 1 (prohibition of uniforms in connection with political objects), 4 (prohibition of offensive weapons at public meetings and processions) or 5 (prohibition of offensive conduct conducive to breaches of the peace) of the Public Order Act 1936 ;
(ii) any enactment contained in sections 6 to 8 or 10 of the Criminal Law Act 1977 (offences relating to entering and remaining on property) ;
(d) of recapturing a person who is unlawfully at large and whom he is pursuing ; or
(e) of saving life or limb or preventing serious damage to property.
(2) Except for the purpose specified in paragraph (e) of subsection (1) above, the powers of entry and search conferred by this section-
(a) are only exercisable if the constable has reasonable grounds for believing that the person whom he is seeking is on the premises ; and
(b) are limited, in relation to premises consisting of two or more separate dwellings, to powers to enter and search-
(i) any parts of the premises which the occupiers of any dwelling comprised in the premises use in common with the occupiers of any other such dwelling ; and
(ii) any such dwelling in which the constable has reasonable grounds for believing that the person whom he is seeking may be.
(3) The powers of entry and search conferred by this section are only exercisable for the purposes specified in subsection (1)(c)(ii) above by a constable in uniform.
(4) The power of search conferred by this section is only a power to search to the extent that is reasonably required for the purpose for which the power of entry is exercised.
(5) Subject to subsection (6) below, all the rules of common law under which a constable has power to enter premises without a warrant are hereby abolished.
(6) Nothing in subsection (5) above affects any power of entry to deal with or prevent a breach of the peace.
Section 22
(2) Without prejudice to the generality of subsection above-
(a) anything seized for the purposes of a criminal investigation may be retained, except as provided by subsection (4) below-
(i) for use as evidence at a trial for an offence ; or
(ii) for forensic examination or for investigation in connection with an offence ; and
(3) Nothing seized on the ground that it may be used-
(a) to cause physical injury to any person ;
(b) to damage property ;
(c) to interfere with evidence ; or
(d) to assist in escape from police detention or lawful custody,
may be retained when the person from whom it was seized is no longer in police detention or the custody of a court or is in the custody of a court but has been released on bail.
(4) Nothing may be retained for either of the purposes mentioned in subsection (2)(a) above if a photograph or copy would be sufficient for that purpose.
Section 28
(1) Subject to subsection (5) below, where a person is Information arrested, otherwise than by being informed that he is under arrest, to be given the arrest is not lawful unless the person arrested is informed on arrest that he is under arrest as soon as is practicable after his arrest.
(2) Where a person is arrested by a constable, subsection (1) above applies regardless of whether the fact of the arrest is obvious.
(3) Subject to subsection (5) below, no arrest is lawful unless the person arrested is informed of the ground for the arrest at the time of, or as soon as is practicable after, the arrest.
(4) Where a person is arrested by a constable, subsection (3) above applies regardless of whether the ground for the arrest is obvious.
(5) Nothing in this section is to be taken to require a person to be informed-
(a) that he is under arrest ; or
(b) of the ground for the arrest, if it was not reasonably practicable for him to be so informed by reason of his having escaped from arrest before the information could be given.
Section 32
(4) The powers conferred by this section to search a person are not to be construed as authorising a constable to require a person to remove any of his clothing in public other than an outer coat, jacket or gloves.
Section 64
(1) If-
(a) fingerprints or samples are taken from a person in connection with the investigation of an offence ; and
(b) he is cleared of that offence, they must be destroyed as soon as is practicable after the conclusion of the proceedings.
(2) If-
(a) fingerprints or samples are taken from a person in connection with such an investigation ; and
(b) it is decided that he shall not be prosecuted for the offence and he has not admitted it and been dealt with by way of being cautioned by a constable, they must be destroyed as soon as is practicable after that decision is taken.
(3) If-
(a) fingerprints or samples are taken from a person in connection with the investigation of an offence ; and
(b) that person is not suspected of having committed the offence, they must be destroyed as soon as they have fulfilled the purpose for which they were taken.
(4) Proceedings which are discontinued are to be treated as concluded for the purposes of this section.
(5) If fingerprints are destroyed, any copies of them shall also be destroyed.
(6) A person who asks to be allowed to witness the destruction of his fingerprints or copies of them shall have a right to witness it.
(7) Nothing in this section-
(a) affects any power conferred by paragraph 18(2) of Schedule 2 to the Immigration Act 1971 ; or
(b) applies to a person arrested or detained under the terrorism provisions.
http://www.legislation.gov.uk/ukpga/1984/60/pdfs/ukpga_19840060_en.pdf
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