Police and Criminal Evidence Act 1984, section 23

Meaning of “premises” etc

Part II Powers of Entry, Search and Seizure

In this Act—

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

    (a)

    any vehicle, vessel, aircraft or hovercraft;

    (b)

    any offshore installation;

    (ba)

    [F96 any renewable energy installation;F96]

    (c)

    F97 any tent or movable structure; . . .

  • M16 “offshore installation” has the meaning given to it by section 1 of the Mineral Workings (Offshore Installations) Act 1971 .

  • [F98 “renewable energy installation” has the same meaning as in Chapter 2 of Part 2 of the Energy Act 2004 . F98]

Definitions used in section 23 1

vessel

“vessel” includes any ship, boat, raft or other apparatus constructed or adapted for floating on water.

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

Cases considering section 23 6

HM (R on the application of) v SECRETARY OF STATE FOR THE HOME DEPARTMENT

[2022] EWHC 695 (Admin) · 25 March 2022Defines

Section 23 defines premises, including any place, for PACE purposes. Read with the ordinary meaning of premises, the definition supported the conclusion that section 48 is directed to premises rather than personal searches. (see paras [80]-[84])

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

[2002] UKHL 20 · 16 May 2002Defines

The definition of premises as including any place supported treating the respondent's grounds as premises for the purpose of the arrest power. (see para [64])

Virdee & Anor, R (On the Application Of) v The National Crime Agency

[2018] EWHC 1119 (Admin) · 11 May 2018Defines

Confirms that premises for the PACE search framework include a vehicle (see para [30]).

What each judgment says about section 23 is in the case-law panel in the full Act.

Amendments and notes

7 notes from legislation.gov.uk

Amendments

  1. F96S. 23: in definition of "premises", para. (ba) substituted for word "and" at the end of para. (b) (5.10.2004) by Energy Act 2004 (c. 20), ss. 103(2)(a), 198(2); S.I. 2004/2575, art. 2(1), Sch. 1
  2. F97S. 23: word at the end of the definition of "premises" repealed (5.10.2004) by Energy Act 2004 (c. 20), ss. 197, 198(2), Sch. 23 Pt. 1; S.I. 2004/2575, art. 2(1), Sch. 1 Table
  3. F98S. 23: definition of "renewable energy installation" inserted (5.10.2004) by Energy Act 2004 (c. 20), ss. 103(2)(b), 198(2); S.I. 2004/2575, art. 2(1), Sch. 1

Modifications

  1. C231S. 23 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(u), Sch.
  2. C232S. 23 applied in part (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)
  3. C233S. 23 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(w), Sch. paras. 1-10

Marginal citations

  1. M161971 c. 61.