Section 18: Power to Search After Arrest for Indictable Offence

Overview

• Governing Law: Section 18 of the Police and Criminal Evidence (PACE) Act.
• Purpose: Outlines specific powers to search premises occupied or controlled by a person arrested for an indictable offence.

Conditions for Exercising Search Powers

• Written Authorisation Required:
  • Must be given by an inspector or above, except in certain urgent cases (Section 18.5).
  • Authorisation is granted only if:
    • Premises are occupied or controlled by the arrested person.
    • There are reasonable grounds to suspect the presence of evidence related to the offence or a similar/connected indictable offence.

Section 18.5 Specifics

• Applies when the arrested person's presence is necessary for investigation before being taken to the station or released.
• Post Search Requirement:
  • Officer must inform an inspector or above as soon as practicable.

Limitations of the Search

• Indictable Offences Only:
  • Must relate to the specific indictable offence of arrest or similar/connected offences.
• Not a General Search:
  • Search is not for general intelligence purposes.
  • Limited to what is reasonably required for finding evidence.

Scope of the Search

• Extent of Search:
  • Should be proportionate to the evidence sought.
  • Example: Searching for a stolen TV does not justify searching small drawers, unless looking for related documentation.

Responsibilities During the Search

• Explanation to Occupier:
  • Officers should explain the search's reason to the occupier, as far as possible.
  • Lack of explanation could make the action unlawful, allowing the occupier to resist.

Documentation and Record Keeping

• Record Keeping:
  • Officer authorising or informed of a Section 18.5 search must record:
    • Grounds for the search.
    • Nature of evidence sought.
  • Documentation should be included in the custody record if the person is detained.