Searches

Searches

The powers of the police and other authorities to obtain evidence by searches comes from a wide variety of sources.

The principal legislation that governs the powers to search is the Police and Criminal Evidence Act 1984 (PACE 1984) and the associated Codes of Practice.

Other relevant legislation includes the Criminal Justice and Public Order Act 1994 (CJPOA 1994) and in relation to terrorism offences, the Terrorism Act 2000 (TA 2000).

Search of persons

The police can always search a person with their consent. The power to search a person without their consent will depend on whether or not they have been arrested.

If a person has not been arrested the general power of the police to stop and search is governed by PACE 1984, Pt I and the Codes of Practice.

The stop and search powers under PACE 1984 require an officer to have reasonable suspicion that they will find on a person (or in a vehicle) stolen goods, offensive weapons or bladed articles, or articles for use in certain offences under the Theft Act 1968 or to cause criminal

To view the latest version of this document and thousands of others like it, sign-in with LexisNexis or register for a free trial.

TAKE A FREE TRIAL

Latest Corporate Crime News

Export Control Joint Unit announces Syria sanctions amendments and licence revocation

The Export Control Joint Unit has announced that amendments to Syria sanctions by the Foreign, Commonwealth and Development Office (FCDO) took effect from 25 April 2025. The changes include the removal of certain export prohibitions and the revocation of the general trade licence previously issued for earthquake relief efforts in Syria. The notice forms part of the ongoing notices to exporters collection addressing embargoes and sanctions.

DWP's Fraud Bill passes Commons with new recovery and investigation powers

The Department for Work and Pensions (DWP) has announced that the Public Authorities (Fraud, Error, and Recovery) Bill has completed its Third Reading in the Commons. The Bill introduces direct bank account recovery powers, financial institution data access rights and driving disqualification measures for benefit fraudsters. It extends the limitation period for Covid-related civil fraud claims to 12 years and grants new investigative powers to the Public Sector Fraud Authority. The legislation aims to save £1.5bn over five years and forms part of broader measures targeting £9.6bn in savings by 2030.

Legislation to bring UK crypto activity within regulatory perimeter published

MLex: Draft legislation that seeks to define cryptoassets and stablecoins (and to bring certain activities related to them within the regulatory perimeter) has been published by the UK finance ministry. The legislation covers stablecoin issuance, as well as cryptoasset custody, trading and staking. Under the future regulatory regime, crypto providers that want to offer regulated products or services to UK consumers will have to be authorised by the Financial Consuct Authority (FCA), but ‘truly decentralised’ firms have been exempted from authorisation.

Defra announces enhanced measures to tackle illegal waste operations

The Department for Environment, Food and Rural Affairs (Defra) has announced new measures to combat waste crime. Local authorities will receive powers to seize and destroy vehicles used in fly-tipping operations, supported by drone and CCTV surveillance capabilities. The measures include increased prison sentences of up to five years for illegal waste operations and cost recovery mechanisms for vehicle seizures. The Environment Agency will gain enhanced enforcement powers, including the ability to conduct identity checks, revoke permits and issue fines. A ministerial review aims to reduce administrative barriers to vehicle seizures and the government has allocated £69bn to council budgets across England to support implementation.

View Corporate Crime by content type :

News