Police and Criminal Evidence Act 1984, section 18

Entry and search after arrest

Part II Powers of Entry, Search and Seizure

(1)Subject to the following provisions of this section, a constable may enter and search any premises occupied or controlled by a person who is under arrest for an [F85indictableF85] offence, if he has reasonable grounds for suspecting that there is on the premises evidence, other than items subject to legal privilege, that relates—

(a)to that offence; or

(b)to some other [F85indictableF85] offence which is connected with or similar to that offence.

(2)A constable may seize and retain anything for which he may search under subsection (1) above.

(3)The power to search conferred by subsection (1) above is only a power to search to the extent that is reasonably required for the purpose of discovering such evidence.

(4)Subject to subsection (5) below, the powers conferred by this section may not be exercised unless an officer of the rank of inspector or above has authorised them in writing.

[F86 (5)A constable may conduct a search under subsection (1)—

(a)before the person is taken to a police station or released F87... under section 30A, and

(b)without obtaining an authorisation under subsection (4),

if the condition in subsection (5A) is satisfied.

(5A)The condition is that the presence of the person at a place (other than a police station) is necessary for the effective investigation of the offence.F86]

(6)If a constable conducts a search by virtue of subsection (5) above, he shall inform an officer of the rank of inspector or above that he has made the search as soon as practicable after he has made it.

(7)An officer who—

(a)authorises a search; or

(b)is informed of a search under subsection (6) above, shall make a record in writing—

(i)of the grounds for the search; and

(ii)of the nature of the evidence that was sought.

(8)If the person who was in occupation or control of the premises at the time of the search is in police detention at the time the record is to be made, the officer shall make the record as part of his custody record.

Definitions used in section 18 2

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
items subject to legal privilege

(1) Subject to subsection (2) below, in this Act “items subject to legal privilege” means—

(a)communications between a professional legal adviser and his client or any person representing his client made in connection with the giving of legal advice to the client;

(b)communications between a professional legal adviser and his client or any person representing his client or between such an adviser or his client or any such representative and any other person made in connection with or in contemplation of legal proceedings and for the purposes of such proceedings; and

(c)items enclosed with or referred to in such communications and made—

(i)in connection with the giving of legal advice; or

(ii)in connection with or in contemplation of legal proceedings and for the purposes of such proceedings,

Defined in s.10(1) · see it in the full Act

Cases considering section 18 15

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

[2002] UKHL 20 · 16 May 2002Interprets

The House held that section 18 did not apply to a person arrested for an extradition crime, because the provision is limited to arrestable domestic offences. (see paras [65]-[67]; [84]) The reference to a person under arrest for an arrestable offence was construed as confined to domestic offences. It therefore gave no search power in relation to the alleged German fraud. (see paras [65]-[67]) Lord Rodger referred to the inspector-authorisation safeguard as showing the greater caution attached to searches of premises away from the place of arrest. (see para [87])

Ogden & Ors, R v

[2016] EWCA Crim 6 · 26 January 2016

The court held that the home search was lawfully authorised. Independent hospital information and the surrounding circumstances gave reasonable grounds for investigation despite Donna Wilson’s denial. (see paras [38]-[40])

Khan v Commissioner of Police for the Metropolis

[2008] EWCA Civ 723 · 4 June 2008Interprets

Section 18 is construed as a safeguarded but limited post-arrest entry and search power. Its conditions cannot be expanded by implying a reasonable-belief qualification for occupation or control. (see paras [4]; [19]-[22]) Premises must actually be occupied or controlled by the arrested person. Reasonable grounds are required for suspicion that evidence is there, but not as a substitute for that factual condition. (see paras [19]-[20]; [25]; [28]) The court noted that section 18 assigns authorisation to an inspector or above, unlike the judicial authorisation required for a section 8 warrant. That distinction did not justify enlarging section 18(1). (see para [21]) The recording obligation was considered through Krohn. A potentially trivial failure to comply with that procedural duty was materially different from absence of the central condition in section 18(1). (see paras [12]-[14]; [19])

What each judgment says about section 18 is in the case-law panel in the full Act.

Amendments and notes

14 notes from legislation.gov.uk

Amendments

  1. F85Words in s. 18(1) substituted (1.1.2006) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 111, 178, Sch. 7 Pt. 3 para. 43(5); S.I. 2005/3495, art. 2(1)(m)
  2. F86S. 18(5)(5A) substituted for s. 18(5) (20.1.2004) by Criminal Justice Act 2003 (c. 44), ss. 12, 336, Sch. 1 para. 2; S.I. 2004/81, art. 2(1)(2)(a)
  3. F87Words in s. 18(5)(a) omitted (31.1.2017 for specified purposes, 3.4.2017 in so far as not already in force) by virtue of Policing and Crime Act 2017 (c. 3), ss. 53(2), 183(1)(5)(e); S.I. 2017/399, reg. 2, Sch. para. 12 (with reg. 5)

Modifications

  1. C137Ss. 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
  2. C138S. 18 extended (2.12.2002) by Police Reform Act 2002 (c. 30), s. 38, Sch. 4 Pt. 2 para. 18(a); S.I. 2002/2750, art. 2(a)(ii)(d)
  3. C139S. 18 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)
  4. C140S. 18 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)
  5. C141S. 18 applied (2.9.2014) by The Control of Explosives Precursors Regulations 2014 (S.I. 2014/1942), regs. 1(1), 14
  6. C142S. 18 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))
  7. C143S. 18 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)
  8. C144S. 18 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(i), Sch.
  9. C145S. 18 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
  10. C146S. 18 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(i), Sch. paras. 1-10, 16
  11. C147S. 18(6) modified (2.12.2002) by Police Reform Act 2002 (c. 30), s. 38, Sch. 4 Pt. 2 para. 18(b); S.I. 2002/2750, art. 2(a)(ii)(d)