Introduction
In this assignment, I will be describing the powers of the authorities to arrest search and seize
property in relation to a business.
I will be using the following information to provide a summary of the law including:
The rights of police to search a person when arrested
If you are arrested, you’ll usually be taken to a police station, held in custody in a cell and
then questioned. After you have been taken to a police station, you may be released or
charged with a crime. Your rights in custody – the custody officer at the police station must
explain your rights. You have the right to:
Get free legal advice
Tell someone where you are
Have medical help if you are feeling ill
See the rules the police must follow
See a written notice telling you about your rights, like regular breaks for food and to
use the toilet.
Powers to enter premises without a warrant
There may be circumstances when the police have the power to enter premises and search
them with a view to either arresting someone, seizing items in connection with a crime or,
both. The most vital provisions governing this area of the law are to be found in the Police
and Criminal Evidence Act 1984. There will be situations when the police may enter
premises to search them without being in possession of what is known as a warrant, which is
a written document issued by the court authorising the arrest of a person or the search of his
home or any other premises in connection with the suspect, in other situations, it will be
necessary for the police to make an application to the court for a warrant to be issued before
they can enter the premises.
Whereby a warrant is not necessary, it is not necessary for the police to be in possession of a
warrant in order to enter and search premises in the following circumstances:
To arrest a person for whom a warrant of arrest has been issued during criminal
proceedings
To arrest a person for an indictable offence, meaning any offences that can be tried by
a jury in the Crown Court; these tend to be more serious
To arrest a person for using or threatening violence for the purposes of entering
premises (Criminal Law Act 1977)
1
In this assignment, I will be describing the powers of the authorities to arrest search and seize
property in relation to a business.
I will be using the following information to provide a summary of the law including:
The rights of police to search a person when arrested
If you are arrested, you’ll usually be taken to a police station, held in custody in a cell and
then questioned. After you have been taken to a police station, you may be released or
charged with a crime. Your rights in custody – the custody officer at the police station must
explain your rights. You have the right to:
Get free legal advice
Tell someone where you are
Have medical help if you are feeling ill
See the rules the police must follow
See a written notice telling you about your rights, like regular breaks for food and to
use the toilet.
Powers to enter premises without a warrant
There may be circumstances when the police have the power to enter premises and search
them with a view to either arresting someone, seizing items in connection with a crime or,
both. The most vital provisions governing this area of the law are to be found in the Police
and Criminal Evidence Act 1984. There will be situations when the police may enter
premises to search them without being in possession of what is known as a warrant, which is
a written document issued by the court authorising the arrest of a person or the search of his
home or any other premises in connection with the suspect, in other situations, it will be
necessary for the police to make an application to the court for a warrant to be issued before
they can enter the premises.
Whereby a warrant is not necessary, it is not necessary for the police to be in possession of a
warrant in order to enter and search premises in the following circumstances:
To arrest a person for whom a warrant of arrest has been issued during criminal
proceedings
To arrest a person for an indictable offence, meaning any offences that can be tried by
a jury in the Crown Court; these tend to be more serious
To arrest a person for using or threatening violence for the purposes of entering
premises (Criminal Law Act 1977)
1
