Police and Criminal Evidence Act 1984, section 32

Search upon arrest

Part III Arrest

(1)A constable may search an arrested person, in any case where the person to be searched has been arrested at a place other than a police station, if the constable has reasonable grounds for believing that the arrested person may present a danger to himself or others.

(2)Subject to subsections (3) to (5) below, a constable shall also have power in any such case—

(a)to search the arrested person for anything—

(i)which he might use to assist him to escape from lawful custody; or

(ii)which might be evidence relating to an offence; and

[F152 (b)if the offence for which he has been arrested is an indictable offence, to enter and search any premises in which he was when arrested or immediately before he was arrested for evidence relating to the offence.F152]

(3)The power to search conferred by subsection (2) above is only a power to search to the extent that is reasonably required for the purpose of discovering any such thing or any such evidence.

(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 [F153but they do authorise a search of a person’s mouthF153] .

(5)A constable may not search a person in the exercise of the power conferred by subsection (2)(a) above unless he has reasonable grounds for believing that the person to be searched may have concealed on him anything for which a search is permitted under that paragraph.

(6)A constable may not search premises in the exercise of the power conferred by subsection (2)(b) above unless he has reasonable grounds for believing that there is evidence for which a search is permitted under that paragraph on the premises.

(7)In so far as the power of search conferred by subsection (2)(b) above relates to premises consisting of two or more separate dwellings, it is limited to a power to search—

(a)any dwelling in which the arrest took place or in which the person arrested was immediately before his arrest; and

(b)any parts of the premises which the occupier of any such dwelling uses in common with the occupiers of any other dwellings comprised in the premises.

(8)A constable searching a person in the exercise of the power conferred by subsection (1) above may seize and retain anything he finds, if he has reasonable grounds for believing that the person searched might use it to cause physical injury to himself or to any other person.

(9)A constable searching a person in the exercise of the power conferred by subsection (2)(a) above may seize and retain anything he finds, other than an item subject to legal privilege, if he has reasonable grounds for believing—

(a)that he might use it to assist him to escape from lawful custody; or

(b)that it is evidence of an offence or has been obtained in consequence of the commission of an offence.

(10)Nothing in this section shall be taken to affect the power conferred by [F154section 43 of the Terrorism Act 2000F154] .

Definitions used in section 32 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
item subject to legal privilege

“item subject to legal privilege” has the meaning assigned to it by section 10 above;

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

Cases considering section 32 17

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

[2002] UKHL 20 · 16 May 2002Interprets

Lord Rodger considered section 32(2)(b) the likely statutory source for a search of premises where an arrest occurred. The term offence was nevertheless confined to domestic offences, so the provision did not apply. (see paras [86]-[88])

Rashid v Chief Constable of West Yorkshire Police

[2020] EWHC 2522 (QB) · 25 September 2020Interprets

The judgment considered the search power arising on arrest and its statutory limits. It held that arrest could not be justified merely to obtain a personal search power where the statutory conditions were not met. (see paras [38]-[41], [88]-[91]) The judgment treated section 32(2)(a)(ii) as permitting a search for evidence relating to an offence, but only within the statutory limits and subject to section 32(5). (see paras [38]-[40]) The judgment held that reasonable grounds for believing that evidence was concealed on the arrested person were required before the personal-search power could arise. The evidence cast doubt on that condition and did not support arrest as necessary. (see paras [39], [89]-[91])

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

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

Applies the post-arrest power to search the arrested person and, for an indictable offence, premises where the person was when or immediately before arrest (see paras [37], [72], [77]-[80]).

What each judgment says about section 32 is in the case-law panel in the full Act.

Amendments and notes

12 notes from legislation.gov.uk

Amendments

  1. F152S. 32(2)(b) substituted (1.1.2006) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 111, 178, Sch. 7 Pt. 3 para. 43(6); S.I. 2005/3495, art. 2(1)(m)
  2. F153Words in s. 32(4) inserted (10.4.1995) by 1994 c. 33, s. 59(2); S.I. 1995/721, art. 2, Sch.
  3. F154Words in s. 32(10) substituted (19.2.2001) by 2000 c. 11, ss. 125(1), Sch. 15 para. 5(3) (with s. 29(1)); S.I. 2001/421

Modifications

  1. C337S. 32 modified (3.11.1994) by 1994 c. 33, ss. 166(5), 172(2)(4)
  2. C338S. 32 extended (1.1.2006) by Police Refom Act 2002 (c. 30), Sch. 4 para. 2A (as inserted by Serious Organised Crime and Police Act 2005 (c. 15), ss. 122, 178, Sch. 8 Pt. 1 para. 4; S.I. 2005/3495, art. 2(1)(q)(r))
  3. C339S. 32 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(r), Sch. paras. 1-10, 20
  4. C340Ss. 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
  5. C341S. 32(1)-(9) 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. C342S. 32(1)-(9) 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)
  7. C343S. 32(1)-(9) 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. C344S. 32(1)-(9) 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(r), Sch.
  9. C345S. 32(2)(b) modified (30.5.2006) by London Olympic Games and Paralympic Games Act 2006 (c. 12), ss. 31(7), 40(1)-(3); S.I. 2006/1118, art. 3(1)