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Section 1 of UK Police and Criminal Evidence Act 1984

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HomeBrud.gifUK LawBrud.gifUK Public General ActsBrud.gifUK Police and Criminal Evidence Act 1984Brud.gifSection 1 of UK Police and Criminal Evidence Act 1984

Section 1 of UK Police and Criminal Evidence Act 1984 deals with Power of constable to stop and search persons, vehicles etc.

From the Act

(1) A constable may exercise any power conferred by this section—

(a) in any place to which at the time when he proposes to exercise the power thepublic or any section of the public has access, on payment or otherwise, as ofright or by virtue of express or implied permission; or

(b) in any other place to which people have ready access at the time when heproposes to exercise the power but which is not a dwelling.

(2) Subject to subsection (3) to (5) below, a constable—

(a) may search—

(i) any person or vehicle;

(ii) anything which is in or on a vehicle,

for stolen or prohibited articles [F1, any article to which subsection (8A) belowapplies or any firework to which subsection (8B) below applies] ; and

(b) may detain a person or vehicle for the purpose of such a search.

(3) This section does not give a constable power to search a person or vehicle or anythingin or on a vehicle unless he has reasonable grounds for suspecting that he will findstolen or prohibited articles [F2, any article to which subsection (8A) below applies orany firework to which subsection (8B) below applies] .

(4) If a person is in a garden or yard occupied with and used for the purposes of a dwellingor on other land so occupied and used, a constable may not search him in the exercise of the power conferred by this section unless the constable has reasonable groundsfor believing—

(a) that he does not reside in the dwelling; and

(b) that he is not in the place in question with the express or implied permissionof a person who resides in the dwelling.

(5) If a vehicle is in a garden or yard occupied with and used for the purposes of a dwellingor on other land so occupied and used, a constable may not search the vehicle oranything in or on it in the exercise of the power conferred by this section unless hehas reasonable grounds for believing—

(a) that the person in charge of the vehicle does not reside in the dwelling; and

(b) that the vehicle is not in the place in question with the express or impliedpermission of a person who resides in the dwelling.

(6) If in the course of such a search a constable discovers an article which he hasreasonable grounds for suspecting to be a stolen or prohibited article [F3, an article towhich subsection (8A) below applies or a firework to which subsection (8B) belowapplies] , he may seize it.

(7) An article is prohibited for the purposes of this Part of this Act if it is—

(a) an offensive weapon; or

(b) an article—

(i) made or adapted for use in the course of or in connection with anoffence to which this sub-paragraph applies; or

(ii) intended by the person having it with him for such use by him or bysome other person.

(8) The offences to which subsection (7)(b)(i) above applies are—

(a) burglary;

(b) theft; (c) offences under section 12 of the M1Theft Act 1968 (taking motor vehicle orother conveyance without authority); F4. . .

[F5(d) fraud (contrary to section 1 of the Fraud Act 2006)][F6; and

(e) offences under section 1 of the Criminal Damage Act 1971 (destroying ordamaging property).]

[F7(8A) This subsection applies to any article in relation to which a person has committed,or is committing or is going to commit an offence under section 139 of the CriminalJustice Act 1988.]

[F8(8B) This subsection applies to any firework which a person possesses in contravention ofa prohibition imposed by fireworks regulations.

(8C) In this section—

(a) “firework” shall be construed in accordance with the definition of “fireworks”in section 1(1) of the Fireworks Act 2003; and

(b) “fireworks regulations” has the same meaning as in that Act.]

(9) In this Part of this Act “offensive weapon” means any article—

(a) made or adapted for use for causing injury to persons; or

(b) intended by the person having it with him for such use by him or by someother person.

Related Sections from the Act

  • Section 2: Provisions relating to search under section 1 and other powers.
  • Section 3: Duty to make records concerning searches.
  • Section 4: Road checks.
  • Section 5: Reports of recorded searches and of road checks.
  • Section 6: Statutory undertakers etc.
  • Section 7: Part I—supplementary