Legal issues
The main powers
- Section 18: after arrest for an indictable offence (which includes either-way offences), premises occupied or controlled by the arrested person, where there are reasonable grounds to suspect relevant evidence is there.
- Section 32: after arrest for an indictable offence, premises where the person was when arrested or immediately before, for evidence of that offence.
- Search warrants: issued by a magistrate under section 8 or other statutes, setting out the premises and what is sought.
- Consent: police can search with the occupier's written consent, which can be refused.
What can be seized
Items the officer reasonably believes are evidence or were obtained through an offence (section 19). Material subject to legal professional privilege must not be seized.
Evidence that matters
Ask for, and keep, the notice of powers and rights and any warrant. Note what was taken, by whom and when, and photograph any damage. Police should record the search and the items seized.
Reasonable lines of enquiry
Questions a solicitor will check
- Was the offence indictable, and was written authority given?
- Did the search stay within premises the arrested person occupies or controls?
- Did the search go beyond what was reasonably needed to find the evidence?
What happens next
Seized items can be kept as long as necessary for the investigation or proceedings (section 22). Phones and computers are often kept for examination; see police device seizure and digital evidence. If property is not returned, an application can be made to the magistrates' court.
Immediate steps
- Do not obstruct the search.
- Ask for the officer's name, the power being used and the notice of rights.
- Tell officers if any material is legally privileged, such as letters from a solicitor.
What should you send us?
Send the notice of powers and rights, any warrant, the list of items seized and photographs of any damage.