Police and Criminal Evidence Act 1984, section 15

Search warrants—safeguards

Part II Powers of Entry, Search and Seizure

(1)This section and section 16 below have effect in relation to the issue to constables under any enactment, including an enactment contained in an Act passed after this Act, of warrants to enter and search premises; and an entry on or search of premises under a warrant is unlawful unless it complies with this section and section 16 below.

(2)Where a constable applies for any such warrant, it shall be his duty—

(a)to state—

(i)F47the ground on which he makes the application; . . .

(ii)the enactment under which the warrant would be issued; [F48andF48]

[F49 (iii)if the application is for a warrant authorising entry and search on more than one occasion, the ground on which he applies for such a warrant, and whether he seeks a warrant authorising an unlimited number of entries, or (if not) the maximum number of entries desired;F49]

[F50 (b)to specify the matters set out in subsection (2A) below; andF50]

(c)to identify, so far as is practicable, the articles or persons to be sought.

[F51 (2A)The matters which must be specified pursuant to subsection (2)(b) above are—

[F52 (a)if the application relates to one or more sets of premises specified in the application, each set of premises which it is desired to enter and search;F52]

(b)[F53 if the application relates to any premises occupied or controlled by a person specified in the application–F53]

(i)as many sets of premises which it is desired to enter and search as it is reasonably practicable to specify;

(ii)the person who is in occupation or control of those premises and any others which it is desired to enter and search;

(iii)why it is necessary to search more premises than those specified under sub-paragraph (i); and

(iv)why it is not reasonably practicable to specify all the premises which it is desired to enter and search.F51]

(3)An application for such a warrant shall be made ex parte and supported by an information in writing.

(4)The constable shall answer on oath any question that the justice of the peace or judge hearing the application asks him.

(5)A warrant shall authorise an entry on one occasion only [F54unless it specifies that it authorises multiple entriesF54] .

[F55 (5A)If it specifies that it authorises multiple entries, it must also specify whether the number of entries authorised is unlimited, or limited to a specified maximum.F55]

(6)A warrant—

(a)shall specify—

(i)the name of the person who applies for it;

(ii)the date on which it is issued;

(iii)the enactment under which it is issued; and

[F56 (iv)each set of premises to be searched, or (in the case of an all premises warrant) the person who is in occupation or control of premises to be searched, together with any premises under his occupation or control which can be specified and which are to be searched; andF56]

(b)shall identify, so far as is practicable, the articles or persons to be sought.

[F57 (7)Two copies shall be made of a [F58 warrantF58] which specifies only one set of premises and does not authorise multiple entries; and as many copies as are reasonably required may be made of any other kind of warrant.F57]

(8)The copies shall be clearly certified as copies.

Definitions used in section 15 1

premises

“premises” has the meaning assigned to it by section 23 above;

Defined in s.118(1) · see it in the full Act

“premises” includes any place and, in particular, includes—

(a)

any vehicle, vessel, aircraft or hovercraft;

(b)

any offshore installation;

(ba)

any renewable energy installation;

(c)

any tent or movable structure; . . .

Defined in s.23 · see it in the full Act

Cases considering section 15 59

R v Crown Court at St Albans and another

[2018] UKSC 1 · 24 January 2018Interprets

The section supplies procedural safeguards for search warrants and expressly requires the application to be made ex parte, in writing and on information supported by sworn answers. It does not restrict the nature of the material the magistrate may consider. (see paras [3]; [15]; [27]) The subsection expressly makes a warrant application ex parte. It supports the conclusion that the magistrate may consider material which cannot be disclosed to a person affected. (see paras [15]; [27]; [37]) The subsection requires the applicant constable to answer on oath any questions asked by the magistrate. It forms part of the evidential safeguards supporting the ex parte process. (see para [15])

Ward (Respondent) v. Commissioner of Police for the Metropolis and others (Appellants)

[2005] UKHL 32 · 5 May 2005Interprets

Baroness Hale inclined to the view that this provision applies to section 135 warrants because they are warrants issued to constables under an enactment to enter and search premises. The point was left open (see paras [30]–[32]). Its express provision for applications by constables was treated as consistent with the section also contemplating warrant applications by other persons, including approved social workers. The conclusion was provisional (see para [32]). Its provision for applications by constables was treated as consistent with the section also contemplating applications by other persons, including approved social workers. The conclusion was provisional (see para [32]).

Keegan & Ors v Chief Constable of Merseyside

[2003] EWCA Civ 936 · 3 July 2003Interprets

Interprets section 15 as requiring sufficient information to enable the magistrate to decide whether operational needs justify invading a private home in the early hours. More information should have been provided if a warrant were sought (see para [17]).

39 more judgments, and what each says about section 15, are in the case-law panel in the full Act.

Amendments and notes

40 notes from legislation.gov.uk

Amendments

  1. F47Word in s. 15(2)(a)(i) repealed (1.1.2006) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 114(4)(a), 174(2), 178, Sch. 17 Pt. 2; S.I. 2005/3495, art. 2(1)(n)(t)(u)(xxiv)
  2. F48Word in s. 15(2)(a)(ii) inserted (1.1.2006) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 114(4)(b), 178; S.I. 2005/3495, art. 2(1)(n)
  3. F49S. 15(2)(a)(iii) inserted (1.1.2006) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 114(4)(c), 178; S.I. 2005/3495, art. 2(1)(n)
  4. F50S. 15(2)(b) substituted (1.1.2006) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 113(6), 178; S.I. 2005/3495, art. 2(1)(n)
  5. F51S. 15(2A) inserted (1.1.2006) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 113(7), 178; S.I. 2005/3495, art. 2(1)(n)
  6. F52S. 15(2A)(a) substituted (1.1.2006) by The Serious Organised Crime and Police Act 2005 (Amendment) Order 2005 (S.I. 2005/3496), art. 7(2)(a)
  7. F53Words in s. 15(2A)(b) substituted (1.1.2006) by The Serious Organised Crime and Police Act 2005 (Amendment) Order 2005 (S.I. 2005/3496), art. 7(2)(b)
  8. F54Words in s. 15(5) inserted (1.1.2006) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 114(5), 178; S.I. 2005/3495, art. 2(1)(n)
  9. F55S. 15(5A) inserted (1.1.2006) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 114(6), 178; S.I. 2005/3495, art. 2(1)(n)
  10. F56S. 15(6)(a)(iv) substituted (1.1.2006) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 113(8); S.I. 2005/3495, art. 2(1)(n)
  11. F57S. 15(7) substituted (1.1.2006) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 114(7), 178; S.I. 2005/3495, art. 2(1)(n)
  12. F58Words in s. 15(7) substituted (1.1.2006) by The Serious Organised Crime and Police Act 2005 (Amendment) Order 2005 (S.I. 2005/3496), art. 7(3)

Modifications

  1. C58S. 15(5)-(8) applied by S.I. 2010/906, reg. 33(7) (as inserted (1.7.2011) by The Credit Rating Agencies (Amendment) Regulations 2011 (S.I. 2011/1435), regs. 1, 4(e) (with reg. 5))
  2. C59Ss. 8, 9, 15, 16, 17(1)(b) (2) (4), 18-20, 21, 22(1)-(4), 28, 29, 30(1)-(4)(a)(5)-(11), 31, 32(1)-(9), 34(1)-(5), 35, 36, 37, 39, 40-44, 50, 51(d), 52, 54, 55, 64(1)-(4)(5)(6), Sch. 1 applied with modifications by S.I. 1985/1800, arts. 3-11, Schs. 1, 2
  3. C60S. 15: power to apply (with modifications) conferred (24.2.2003) by Proceeds of Crime Act 2002 (c. 29), {ss. 355(1)-(3)(a)}, 458; S.I. 2003/120, art. 2, Sch. (subject to transitional provisions and savings in arts. 3-7 (as amended by S.I. 2003/333, art. 14 which in turn is amended by S.I. 2003/531, arts. 3, 4))
  4. C61S. 15 modified (2.12.2002) Police Reform Act 2002 (c. 30), s. 38, Sch. 4 Pt. 2 para. 16(d); S.I. 2002/2750, art. 2(a)(ii)(d)
  5. C62S. 15 applied (with modifications) (24.2.2003) by The Proceeds of Crime Act 2002 (Application of Police and Criminal Evidence Act 1984 and Police and Criminal Evidence (Northern Ireland) Order 1989) Order 2003 (S.I. 2003/174), arts. 2, 10, Sch. 1
  6. C63S. 15 applied (25.7.2003) by The Advanced Television Services Regulations 2003 (S.I. 2003/1901), reg. 8, Sch. para. 12
  7. C64S. 15 applied (with modifications) (25.6.2013) by The Police and Criminal Evidence Act 1984 (Application to immigration officers and designated customs officials in England and Wales) Order 2013 (S.I. 2013/1542), arts. 1, 3(2)-(4), Sch. 1 (with arts. 4-11)
  8. C65S. 15 applied (with modifications) (25.6.2013) by The Police and Criminal Evidence Act 1984 (Application to immigration officers and designated customs officials in England and Wales) Order 2013 (S.I. 2013/1542), arts. 1, 12(2)-(4), Sch. 2 (with arts. 13-31)
  9. C66S. 15 applied (with modifications) (1.6.2015) by The Proceeds of Crime Act 2002 (Application of Police and Criminal Evidence Act 1984) Order 2015 (S.I. 2015/759), arts. 1(1), 2 (as amended (31.1.2018 for specified purposes, 16.4.2018 in so far as not already in force) by S.I. 2017/1222, arts. 1(2)(3), 2(2) and (26.4.2024) by S.I. 2024/426, arts. 1(2), 2(2))
  10. C67S. 15 applied (with modifications) (4.11.2015) by The Police and Criminal Evidence Act 1984 (Application to Revenue and Customs) Order 2015 (S.I. 2015/1783), arts. 1, 3(1), Sch. 1 (with arts. 3(2)(3), 4-19, Sch. 2)
  11. C68S. 15 applied (with modifications) (30.4.2017) by The Police and Criminal Evidence Act 1984 (Application to Labour Abuse Prevention Officers) Regulations 2017 (S.I. 2017/520), regs. 1, 2, 3(f), Sch.
  12. C69S. 15 applied (30.11.2017) by The Conservation of Offshore Marine Habitats and Species Regulations 2017 (S.I. 2017/1013), regs. 1, 60(6) (with regs. 3, 4(2))
  13. C70S. 15 applied (with modifications) (1.4.2018) by The Welsh Revenue Authority (Powers to Investigate Criminal Offences) Regulations 2018 (S.I. 2018/400), regs. 1(2), 3(1)(3), Sch. (with regs. 4-8)
  14. C71Ss. 15, 16 applied (29.4.2021 for specified purposes, 29.6.2021 in so far as not already in force) by Air Traffic Management and Unmanned Aircraft Act 2021 (c. 12), s. 21(1)(a), Sch. 8 para. 3(4); S.I. 2021/748, reg. 2(k)
  15. C72S. 15 applied (with modifications) (1.5.2025) by The Police and Criminal Evidence Act 1984 and the Criminal Justice and Public Order Act 1994 (Application to Food Crime Officers) Regulations 2025 (S.I. 2025/300), regs. 1(1), 2-6
  16. C73S. 15 applied (with modifications) (1.4.2026) by Public Authorities (Fraud, Error and Recovery) Act 2025 (c. 28), ss. 7, 109(1), Sch. 1 (with ss. 72, 105); S.I. 2026/371, reg. 2(a)
  17. C74S. 15 applied (with modifications) (7.4.2026) by The Police and Criminal Evidence Act 1984 (Application to Enforcement Officers) Regulations 2026 (S.I. 2026/303), regs. 1(1), 3, 4(f), Sch. paras. 1-10
  18. C75S. 15(5)-(8) applied (7.6.2010) by The Credit Rating Agencies Regulations 2010 (S.I. 2010/906), reg. 18(5)
  19. C76S. 15(5)-(8) applied (3.9.2001) by 2000 c. 8, s. 176(6); S.I. 2001/2632, art. 2, Sch. 1 Pt. 2
  20. C77S. 15(5)-(8) applied (31.12.2009) by Banking Act 2009 (c. 1), ss. 194(7), 263(1) (with ss. 206, 247); S.I. 2009/3000, art. 4, Sch. para. 2
  21. C78S. 15(5)-(8) applied by 2000 c. 8, s. 131FB(7) (as inserted (1.11.2012) by The Financial Services and Markets Act 2000 (Short Selling) Regulations 2012 (S.I. 2012/2554), regs. 1(1), 2(5))
  22. C79S. 15(5)-(8) applied (1.4.2013) by The Financial Services and Markets Act 2000 (Over the Counter Derivatives, Central Counterparties and Trade Repositories) Regulations 2013 (S.I. 2013/504), regs. 1(2), 17(10) (with regs. 52-58)
  23. C80S. 15(5)-(8) applied (1.3.2014) by Financial Services (Banking Reform) Act 2013 (c. 33), ss. 88(9), 148(5); S.I. 2014/377, art. 2(1)(a), Sch. Pt. 1
  24. C81S. 15(5)-(8) applied by 2009 c. 1, s. 83ZL(9) (as inserted (1.1.2015) by The Bank Recovery and Resolution Order 2014 (S.I. 2014/3329), arts. 1(2), 97)
  25. C82S. 15(5)-(8) applied by 2000 c. 8, s. 122D(7) (as inserted (3.7.2016) by The Financial Services and Markets Act 2000 (Market Abuse) Regulations 2016 (S.I. 2016/680), regs. 1, 9(4))
  26. C83S. 15(5)-(8) applied (26.6.2017) by The Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017 (S.I. 2017/692), regs. 1(2), 70(11) (with regs. 8, 15)
  27. C84S. 15(5)-(8) applied (29.8.2023) by 2009 c. 1, s. 206P(7)-(9) (as inserted by Financial Services and Markets Act 2023 (c. 29), s. 86(2)(d), Sch. 9 para. 1)
  28. C85S. 15(5)-(8) applied (31.12.2023) by Financial Services and Markets Act 2023 (c. 29), s. 86(3), Sch. 11 para. 130(9); S.I. 2023/1382, reg. 8(b)