Section 18 Power to Search After Arrest for Indictable Offence The specific powers to search premises which are occupied or controlled by a person arrested for an indictable offence are set out in Section 18 of PACE. They may not be exercised, except in cases where Section 18.5 applies, unless an inspector or above has given written authorisation. And this should only be given when the authorising officer is satisfied that the premises are occupied or controlled by the arrested person and that there are reasonable grounds for suspecting that there is on the premises evidence other than items subject to legal privilege that relates to that offence or to some other indictable offence which is connected with or similar to that offence.
Section 18.5 relates to cases where the presence of the person at the place to be searched, or some other place, is in fact necessary for the effective investigation of the offence, before the arrested person is taken to the police station or released on street bail. If such a search is made, the searching officer must inform an inspector or above as soon as practicable after the search. Obvious points to watch for here are the fact that it must be an indictable offence, written authorisation is required, that the premises must actually be occupied or controlled by the arrested person, reasonable suspicion that they are isn't good enough, and that the search is limited to evidence relating to the indictable offence that the person has been arrested for, or similar and connected indictable offences. It doesn't authorise a general search.
for anything that might be of interest, such as for general intelligence purposes. Section 18.3 states that the power to search is only a power to search to the extent that is reasonably required for the purpose of discovering such evidence. So, if you are looking for a stolen television, you would not be empowered to search through small drawers and cupboards.
You could, however, look through them in order to search for receipts. or other documentation relating to that television. Where officers carry out a Section 18 search, they must, so far as is possible in the circumstances, explain the reason for it to the occupier. Carrying out such a search without making an attempt to explain it may mean that the officers won't be acting in the lawful execution of their duties, so the occupier would be entitled to lawfully resist. The officer who authorises the search.
or who is informed of a Section 18.5 search having been carried out, must make a written record of the grounds of the search and the nature of the evidence that was sought. This should be in the custody record if the person is in detention.