Police and Criminal Evidence Act 1984, section 17

Entry for purpose of arrest etc

Part II Powers of Entry, Search and Seizure

(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)M11a warrant of commitment issued under section 76 of the Magistrates’ Courts Act 1980;

(b)of arresting a person for an [F68indictableF68] offence;

(c)of arresting a person for an offence under—

(i)F69,M12section 1 (prohibition of uniforms in connection with political objects), ... of the Public Order Act 1936;

(ii)M13any enactment contained in sections 6 to 8 or 10 of the Criminal Law Act 1977 (offences relating to entering and remaining on property);

[F70 (iii)section 4 of the Public Order Act 1986 (fear or provocation of violence);F70]

[F71 (iiia)section 4 (driving etc. when under influence of drink or drugs) or 163 (failure to stop when required to do so by constable in uniform) of the Road Traffic Act 1988;

(iiib)section 27 of the Transport and Works Act 1992 (which relates to offences involving drink or drugs);F71]

[F72 (iv)section 76 of the Criminal Justice and Public Order Act 1994 (failure to comply with interim possession order);F72]

[F73 (v)any of sections 4, 5, 6(1) and (2), 7 and 8(1) and (2) of the Animal Welfare Act 2006 (offences relating to the prevention of harm to animals);F73]

[F74 (vi)section 144 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (squatting in a residential building);F74]

[F75 (cza)of arresting a person who the constable has reasonable grounds for believing is in breach of a domestic abuse protection notice given under section 22 of the Domestic Abuse Act 2021;F75]

[F76 (ca)of arresting, in pursuance of section 32(1A) of the Children and Young Persons Act 1969, any child or young person who has been remanded [F77 to local authority accommodation or youth detention accommodation under section 91 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012F77] ;

[F78 (caa)of arresting a person for an offence to which section 61 of the Animal Health Act 1981 applies;F78]

[F79 (cab)of arresting a person under any of the following provisions—

(i)section 30D(1) or (2A);

(ii)section 46A(1) or (1A);

(iii)section 5B(7) of the Bail Act 1976 (arrest where a person fails to surrender to custody in accordance with a court order);

(iv)section 7(3) of the Bail Act 1976 (arrest where a person is not likely to surrender to custody etc);

(v)section 97(1) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (arrest where a child is suspected of breaking conditions of remand);F79]

(cb)of recapturing any person who is, or is deemed for any purpose to be, unlawfully at large while liable to be detained—

(i)in a prison, [F80 young offender institution, secure training centre or secure college F80] , or

(ii)in pursuance of [F81 section 92 of the Powers of Criminal Courts (Sentencing ) Act 2000F81] [F82 or section 260 of the Sentencing CodeF82] (dealing with children and young persons guilty of grave crimes), in any other place;F76]

(d)of recapturing [F83any person whateverF83] 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) [F84, (iv) or (vi)F84] 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.

Definitions used in section 17 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 17 31

Regina v Commissioner of Police for the Metropolis, Ex p Rottman

[2002] UKHL 20 · 16 May 2002Limits

Section 17 authorised entry and search only for the purpose of executing the arrest warrant. It did not itself authorise the subsequent evidence search. (see paras [64]; [108]-[110]) The provision applied because extradition proceedings are criminal proceedings. It allowed the officers to enter and search for the respondent in order to execute the arrest warrant. (see paras [64]; [83]) The search power under section 17 was limited to what was reasonably required to execute the arrest warrant. Once the respondent was arrested, it did not authorise a search for evidence. (see para [64]) The majority held that this provision abolishes common-law powers of entry for the purpose of arrest. It does not abolish common-law powers to search for evidence after a person has been arrested. (see paras [107]-[110]) The breach-of-the-peace exception confirmed the limited subject matter of section 17(5), namely common-law entry powers for arrest. (see para [108])

Williamson v Chief Constable of the West Midlands Police

[2003] EWCA Civ 337 · 21 February 2003Limits

The provision forms part of the statutory code governing entry without warrant for arrest. Its scope does not absorb the separately preserved common-law power concerning breach of the peace. (see para [12]) The abolition of common-law powers of warrantless entry made an express saving necessary for the power relating to breach of the peace. (see para [12]) The express preservation of the common-law power of entry to deal with or prevent a breach of the peace indicates that Parliament kept such cases outside the relevant statutory offence regime. (see para [12])

Lamothe & Ors v Commissioner of Police of the Metropolis

[1999] EWCA Civ 3034 · 25 October 1999

The judgment applies the power of entry and search for arresting a person for an arrestable offence. The related requirement of reasonable grounds for believing that the person is on the premises made the defendant’s justification a central issue. (see opening judgment) The judgment treats reasonable grounds for believing that the person sought is on the premises as a condition of exercising the relevant entry and search power. The defendant therefore bore the burden of establishing those grounds. (see opening judgment)

11 more judgments, and what each says about section 17, are in the case-law panel in the full Act.

Amendments and notes

45 notes from legislation.gov.uk

Amendments

  1. F68Word in s. 17(1)(b) substituted (1.1.2006) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 111, 178, Sch. 7 Pt. 3 para. 43(4); S.I. 2005/3495, art. 2(1)(m)
  2. F69Words repealed by Public Order Act 1986 (c. 64, SIF 39:2), s. 40(2)(3), Sch. 2 para. 7, Sch. 3
  3. F70S.17(1)(c)(iii) inserted by Public Order Act 1986 (c. 64, SIF 39:2), s. 40(2), Sch. 2 para. 7
  4. F71S. 17(1)(c)(iiia)(iiib) substituted for s. 17(1)(c)(iiia) (1.1.2006) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 111, 178, Sch. 7 Pt. 4 para. 58(a); S.I. 2005/3495, art. 2(1)(m)
  5. F72S. 17(1)(c)(iv) inserted (24.8.1995) by 1994 c. 33, s. 168(2), Sch. 10 para. 53(a); S.I. 1995/1957, art. 3
  6. F73S. 17(1)(c)(v) inserted (27.3.2007 for W. and 6.4.2007 for E.) by Animal Welfare Act 2006 (c. 45), ss. 24, 68 (with ss. 1(2), 58(1), 59, 60); S.I. 2007/1030, art. 2(2)(g); S.I. 2007/499, art. 2(2)(g)
  7. F74S. 17(1)(c)(vi) inserted (1.9.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), ss. 144(8)(a), 151(1); S.I. 2012/1956, art. 2
  8. F75S. 17(1)(cza) inserted (27.11.2024 until the end of the specified period on 24.11.2026 in relation to specified areas, 5.3.2025 until the end of the specified period on 26.11.2025 in relation to the specified area, 11.3.2025 until the end of the specified period on 24.11.2026 in relation to the specified areas, 28.4.2025 until the end of the specified period on 24.11.2026 in relation to the specified areas) by Domestic Abuse Act 2021 (c. 17), ss. 26(9), 90(6); S.I. 2024/1191, regs. 1(2)(g), 2, 3(1)(2)(a) (with reg. 4); S.I. 2025/261, regs. 1(2)(f), 2, 3 (with reg. 4); S.I. 2025/319, regs. 1(2)(f), 2, 3 (with reg. 4); S.I. 2025/515, regs. 1(3)(e)(f), 2 (with reg. 3) (as amended (21.11.2025) by S.I. 2025/1222, regs. 1(2), 2, 3, 4 and (25.3.2026) by S.I. 2026/342, regs. 1(2), 2, 3, 4)
  9. F76S. 17(1)(ca)(cb) inserted (5.9.1995) by 1995 c. 16, s. 2(1); S.I. 1995/2021, art. 2
  10. F77Words in s. 17(1)(ca) substituted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 12 para. 21; S.I. 2012/2906, art. 2(j) (with art. 7(2)(3))
  11. F78S. 17(1)(caa) inserted (1.1.2006) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 111, 178, Sch. 7 Pt. 4 para. 58(b); S.I. 2005/3495, art. 2(1)(m)
  12. F79S. 17(1)(cab) inserted (31.1.2017 for specified purposes, 3.4.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), ss. 72, 183(1)(5)(e); S.I. 2017/399, reg. 2, Sch. para. 21
  13. F80Words in s. 17(1)(cb)(i) substituted (20.3.2015) by Criminal Justice and Courts Act 2015 (c. 2), s. 95(1), Sch. 9 para. 9; S.I. 2015/778, art. 2(1)(c)
  14. F81Words in s. 17(1)(cb) substituted (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 9 para. 95
  15. F82Words in s. 17(1)(cb)(ii) inserted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 76 (with Sch. 27); S.I. 2020/1236, reg. 2
  16. F83Words in s. 17(1)(d) substituted (5.9.1995) by 1995 c. 16, s. 2(1); S.I. 1995/2021, art. 2
  17. F84Words in s. 17(3) substituted (1.9.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), ss. 144(8)(b), 151(1); S.I. 2012/1956, art. 2

Modifications

  1. C112S. 17 extended (2.12.2002) Police Reform Act 2002 (c. 30), s. 38, Sch. 4 Pt. 1 para. 8; S.I. 2002/2750, art. 2(a)(ii)(d)
  2. C113S. 17 applied (2.9.2014) by The Control of Explosives Precursors Regulations 2014 (S.I. 2014/1942), regs. 1(1), 14
  3. C114S. 17 applied by 1972 c. 66, s. 9A (as inserted (20.4.2015 for specified purposes, 26.3.2015 for specified purposes, 26.5.2015 in so far as not already in force) by Deregulation Act 2015 (c. 20), s. 115(2)(e), Sch. 21 para. 12; S.I. 2015/994, arts. 5, 6(p))
  4. C115S. 17 applied in part (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(h), Sch. paras. 1-10, 15
  5. C116S. 17(1)(a)(i) 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)
  6. C117S. 17(1)(a)(i) 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 art. 3(2), (3), 4-19, Sch. 2)
  7. C118S. 17(1)(a)(i) 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(h), Sch.
  8. C119Ss. 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
  9. C120S. 17(1)(b) 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)
  10. C121S. 17(1)(b) 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)
  11. C122S. 17(1)(b) 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 art. 3(2), (3), 4-19, Sch. 2)
  12. C123S. 17(1)(b) 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(h), Sch.
  13. C124S. 17(1)(cb) 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 art. 3(2), (3), 4-19, Sch. 2)
  14. C125S. 17(1)(cb)(i) 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)
  15. C126S. 17(1)(cb)(i) 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)
  16. C127S. 17(1)(d) 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)
  17. C128S. 17(1)(d) 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)
  18. C129S. 17(1)(d) 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 art. 3(2), (3), 4-19, Sch. 2)
  19. C130S. 17(2)(4) 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)
  20. C131S. 17(2) 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)
  21. C132S. 17(2) 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 art. 3(2), (3), 4-19, Sch. 2)
  22. C133S. 17(2) 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(h), Sch.
  23. C134S. 17(4) 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)
  24. C135S. 17(4) 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 art. 3(2), (3), 4-19, Sch. 2)
  25. C136S. 17(4) 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(h), Sch.

Marginal citations

  1. M111980 c. 43.
  2. M121936 c. 6.
  3. M131977 c. 45.