Police and Criminal Evidence Act 1984, section 8

Power of justice of the peace to authorise entry and search of premises

Part II Powers of Entry, Search and Seizure

(1)If on an application made by a constable a justice of the peace is satisfied that there are reasonable grounds for believing—

(a)that [F38an indictable offenceF38] has been committed; and

(b)that there is material on premises[F39 mentioned in subsection (1A) belowF39] which is likely to be of substantial value (whether by itself or together with other material) to the investigation of the offence; and

(c)that the material is likely to be relevant evidence; and

(d)that it does not consist of or include items subject to legal privilege, excluded material or special procedure material; and

(e)that any of the conditions specified in subsection (3) below applies,

he may issue a warrant authorising a constable to enter and search the premises[F40 in relation to each set of premises specified in the applicationF40] .

[F41 (1A)The premises referred to in subsection (1)(b) above are—

(a) one or more sets of premises specified in the application (in which case the application is for a “specific premises warrant”); or

(b) any premises occupied or controlled by a person specified in the application, including such sets of premises as are so specified (in which case the application is for an “all premises warrant”).

(1B)If the application is for an all premises warrant, the justice of the peace must also be satisfied—

(a)that because of the particulars of the offence referred to in paragraph (a) of subsection (1) above, there are reasonable grounds for believing that it is necessary to search premises occupied or controlled by the person in question which are not specified in the application in order to find the material referred to in paragraph (b) of that subsection; and

(b)that it is not reasonably practicable to specify in the application all the premises which he occupies or controls and which might need to be searched.F41]

[F42 (1C)The warrant may authorise entry to and search of premises on more than one occasion if, on the application, the justice of the peace is satisfied that it is necessary to authorise multiple entries in order to achieve the purpose for which he issues the warrant.

(1D)If it authorises multiple entries, the number of entries authorised may be unlimited, or limited to a maximum.F42]

(2)A constable may seize and retain anything for which a search has been authorised under subsection (1) above.

(3)The conditions mentioned in subsection (1)(e) above are—

(a)that it is not practicable to communicate with any person entitled to grant entry to the premises;

(b)that it is practicable to communicate with a person entitled to grant entry to the premises but it is not practicable to communicate with any person entitled to grant access to the evidence;

(c)that entry to the premises will not be granted unless a warrant is produced;

(d)that the purpose of a search may be frustrated or seriously prejudiced unless a constable arriving at the premises can secure immediate entry to them.

(4) In this Act “relevant evidence”, in relation to an offence, means anything that would be admissible in evidence at a trial for the offence.

(5)The power to issue a warrant conferred by this section is in addition to any such power otherwise conferred.

[F43 (6)This section applies in relation to a relevant offence (as defined in section 28D(4) of the Immigration Act 1971) as it applies in relation to [F38 an indictable offenceF38] .F43]

[F44 (7)Section 4 of the Summary Jurisdiction (Process) Act 1881 (execution of process of English courts in Scotland) shall apply to a warrant issued on the application of an officer of Revenue and Customs under this section by virtue of section 114 below.F44]

Definitions used in section 8 3

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
special procedure material

(1) In this Act “special procedure material” means—

(a)material to which subsection (2) below applies; and

(b)journalistic material, other than excluded material.

Defined in s.14(1) · see it in the full Act

Cases considering section 8 75

R v Crown Court at St Albans and another

[2018] UKSC 1 · 24 January 2018Limits

The section creates an ex parte warrant procedure directed to premises. A magistrate may rely on all relevant information establishing reasonable grounds, although public interest may prevent disclosure of some or all of it to an affected person. The police owe a duty of candour when presenting the application. (see paras [15]; [27]; [34]-[37]) A warrant may issue where information and sworn answers satisfy the magistrate that reasonable grounds exist for believing the listed conditions. The supporting material need not take a particular form or itself be admissible at a later trial. (see paras [15]; [27]) The provision excludes items subject to legal privilege, excluded material and special procedure material from the ordinary warrant power. This restriction is one of the statutory protections governing the ex parte procedure. (see para [34]) The conditions reinforce that the warrant scheme operates ex parte and identify circumstances in which communication or advance notice is impracticable or would frustrate the search. (see paras [12]; [15])

GSX, R (on the application of) v The Crown Court at Southwark

[2026] EWHC 538 (Admin) · 10 March 2026Limits

The court held that the section 8 warrant procedure was unavailable where there were reasonable grounds for believing that the premises contained legally privileged or special procedure material. The warrant was therefore unlawful. (see paras [24]-[30]) The proviso in section 8(1)(d) excluded the power to grant a warrant under section 8 where the material was reasonably believed to be legally privileged. The application should instead have followed the special procedure. (see para [24]) The court held that the wrong access condition had been selected and that the finding that communication with the claimant was impracticable was not open on the evidence. This was an additional defect in the warrant application. (see paras [17]-[18]; [27])

Jules Whiteway Wilkinson & Ors v The Commissioners for HMRC

[2025] EWHC 2773 (KB) · 27 October 2025

Identifies the statutory conditions relied upon in the warrant application concerning refusal of entry or frustration of the search. The court held that the scale and duration of alleged VAT non-payment provided reasonable grounds for the warrant application. (see paras [156]-[158]; [172]-[176])

55 more judgments, and what each says about section 8, are in the case-law panel in the full Act.

Amendments and notes

21 notes from legislation.gov.uk

Amendments

  1. F38Words in s. 8 substituted (1.1.2006) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 111, 178, Sch. 7 Pt. 3 para. 43(3); S.I. 2005/3495, art. 2(1)(m)
  2. F39Words in s. 8(1)(b) substituted (1.1.2006) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 113(3)(a), 178; S.I. 2005/3495, art. 2(1)(n)
  3. F40Words in s. 8(1)(e) added (1.1.2006) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 113(3)(b), 178; S.I. 2005/3495, art. 2(1)(n)
  4. F41S. 8(1A)(1B) inserted (1.1.2006) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 113(4), 178; S.I. 2005/3495, art. 2(1)(n)
  5. F42S. 8(1C)(1D) inserted (1.1.2006) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 114(2), 178; S.I. 2005/3495, art. 2(1)(n)
  6. F43S. 8(6) inserted (14.2.2000) by 1999 c. 33. s. 169(1), Sch. 14 para. 80(2); S.I. 2000/168, art. 2, Sch.
  7. F44S. 8(7) inserted (19.7.2007) by Finance Act 2007 (c. 11), s. 86

Modifications

  1. C30Ss. 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. C31S. 8 extended (10.6.1991) by Criminal Justice (International Co-operation) Act 1990 (c. 5, SIF 39:1), s. 7(1); S.I. 1991/1072, art. 2, Sch. Pt. I
  3. C32S. 8 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)
  4. C33S. 8 applied (2.9.2014) by The Control of Explosives Precursors Regulations 2014 (S.I. 2014/1942), regs. 1(1), 14
  5. C34S. 8 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))
  6. C35S. 8 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. C36S. 8 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)
  8. C37S. 8 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(d), Sch. paras. 1-10
  9. C38S. 8(1)-(6) 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)
  10. C39S. 8(1)-(5) 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(d), Sch.
  11. C40S. 8(1)-(5) 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
  12. C41S. 8(1)-(5) 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)
  13. C42S. 8(2) modified (1.4.2003) by 2001 c. 16, ss. 55, 68, Sch. 1 Pt. 3 para. 84 (with s. 57(3)); S.I. 2003/708, art. 2(a)(c)(j)
  14. C43S. 8(2) extended (2.12.2002) by Police Reform act 2002 (c. 30), s. 38, {Sch. 4 Pt. 2 para. 16(c)}; S.I. 2002/2750, art. 2(a)(ii)(d)