Police warrants

What is a police warrant?

A warrant is a written authority issued by a court or judicial officer under a particular law. It may allow police, or another investigating authority, to take a specific action – for example, to arrest a named person or to enter and search premises.

There is no single rule for every warrant. The legal test depends on the type of warrant and the law under which it is requested. A warrant does not mean that someone has been found guilty of an offence.

A warrant is usually sought without telling the person affected in advance. This can be necessary to prevent evidence being hidden, destroyed or removed. The officer applying for it must give the court a fair and balanced account of the relevant information.

Arrest warrants

An arrest warrant is a court issued authority to arrest a named person. The reason for it depends on the type of warrant and the circumstances. For example, a court may issue one if a person fails to attend court. Other arrest warrants may be connected with an allegation that an offence has been committed.

An arrest warrant is not proof that the person is guilty or that police have enough evidence to convict them.

If you are arrested, police must tell you that you are under arrest and explain, in simple language, why. What happens next depends on the circumstances. You may be interviewed, released with or without bail, charged, or released without further action.

For more information, see your rights when arrested.

Can police arrest me without a warrant?

Yes. Police do not need an arrest warrant in every case.

Under section 24 of the Police and Criminal Evidence Act 1984 (PACE), a constable may arrest without a warrant in defined circumstances. The officer must have reasonable grounds for the relevant belief or suspicion about an offence. They must also have reasonable grounds for believing that arrest is necessary for one of the reasons set out in the Act.

Those reasons include:

Arrest must not be used simply because it is easier or more convenient than another option.

Police may also have separate powers to stop and search someone in particular circumstances. A stop and search is not the same as an arrest. Read more about stop and search.

What is a search warrant?

A search warrant usually authorises police to enter and search specified premises. Premises can include a home, business premises and, in some situations, a vehicle.

A warrant to search premises does not automatically create a separate power to search a person. Personal search powers have their own legal basis and conditions.

One common type of warrant is issued under section 8 of PACE. Before issuing it, a justice of the peace must be satisfied that there are reasonable grounds for believing, among other things, that:

There are important extra rules for legally privileged material, confidential material, journalistic material and other special procedure material. A standard search warrant is not a general permission to take everything from a property.

A PACE warrant must state key details, including the legal power used, the date of issue, the premises to be searched and, so far as practicable, the articles or people being sought. See PACE, section 15.

What should police do when carrying out a search warrant?

The rules depend on the warrant and legal power involved. For a PACE warrant, police must generally:

Police must also make a record of whether the items sought were found and what was seized. See PACE, section 16 and PACE Code B.

If officers say they have a warrant, you can calmly ask:

What are my rights during a search?

You should not obstruct police officers who are carrying out a search. Obstruction can be an offence. But you can take practical steps to understand what is happening and protect your position.

You can:

If you are present, police may allow you to observe the search where this is safe and practicable. You can ask to make a recording, but this is not an unlimited right. Police may restrict recording or require you to move if necessary for safety, privacy, operational security or to prevent obstruction.

You do not have to volunteer an explanation during a search. If police want to ask you questions about suspected offending, ask whether you are under arrest or being interviewed voluntarily, and ask for legal advice. Do not lie to police, destroy or hide material, or interfere with the search.

Can police enter or search without a warrant?

Sometimes. Police may be able to enter or search without a warrant where a particular law gives them that power. The legal test depends on the power being used.

For example, police may have a power to search premises after a lawful arrest, or may have specific powers connected with particular offences, drugs, public safety or an emergency. They may also enter with the valid consent of someone who can give permission.

Police cannot use a warrantless power merely because they think something unlawful may be present. If they say they are searching without your consent, ask what power they are using and why they believe its conditions are met.

What happens if police take property?

Police may seize property under the authority of a warrant or another legal power. They may take an item that is named in the warrant, or sometimes another item where a separate seizure power applies.

Ask for a written record or receipt describing what has been taken. Keep your copy of the warrant and any property record in a safe place.

Tell officers immediately if an item may contain legally privileged communications with a lawyer, confidential information, journalistic material or sensitive personal information. Do not delete, alter, hide or destroy the item or its contents. Seek urgent legal advice.

Whether property can be returned depends on why it was taken, whether it is still needed as evidence, who owns it, whether it is lawful to possess, and whether a court order applies. There is no single 28 day rule that applies to every item or every police force.

What happens if police take cash?

Cash can be taken under different powers. One important regime is in the Proceeds of Crime Act 2002.

Under section 294, a constable and certain other officers may seize cash where they have reasonable grounds for suspecting that it is recoverable property or is intended for use in unlawful conduct. The law includes a minimum amount and other conditions.

Under section 295, cash may initially be detained for up to 48 hours while the officer continues to have reasonable grounds for that suspicion. Saturdays, Sundays and specified public holidays do not count towards that 48 hour period.

To keep the cash beyond the initial period, the authority normally needs a court order. If you are given notice of a court hearing, obtain legal advice promptly. You may be able to attend or be represented and oppose continued detention or forfeiture.

If cash is seized while you are present, ask for a record of the amount, the power relied on and information about any proposed court application. You may also ask about the force’s process for sealing and recording the cash.

If you think a search or seizure was unlawful

Do not physically resist or obstruct a search. Instead, try to preserve information that may later matter:

You can complain to the police force about an officer’s conduct. A complaint may be important, but it is not always a substitute for urgent legal advice or a legal challenge. In appropriate cases, a lawyer may advise about seeking return of property, challenging the lawfulness of a warrant or search, or making a claim for compensation.

You can find information about making a police complaint from the Independent Office for Police Conduct.

Further information

Important

This information applies to England and Wales. It is general information, not legal advice. Police powers and court procedures can be complicated, particularly where children, digital devices, confidential material, immigration powers, terrorism powers, drugs, firearms or proceeds of crime powers are involved. Get independent legal advice promptly if you are affected.