Legislation & Key Police Powers
Understanding the legal basis for your actions is vital to ensure all procedures are lawful, proportionate, and justified. Below is a quick-reference guide to key legislation most commonly used when conducting searches, making arrests, or charging individuals.
Section 1 – PACE Act 1984
The core legislation for stop and search. Allows an officer to search a person or vehicle if they have reasonable grounds to suspect possession of stolen goods or prohibited articles.
Section 23 – Misuse of Drugs Act 1971 (IMPORTANT)
Allows officers to search a person or premises if they suspect the possession of controlled drugs.
Section 47 – Firearms Act 1968 (IMPORTANT)
Grants power to search a person or premises if there is reasonable suspicion they are in possession of a firearm or ammunition without lawful authority.
Section 32 – PACE Act 1984
Following an arrest for an indictable offence, officers can search the suspect for evidence related to the offence, dangerous items, or items that could help an escape.
Section 54 – PACE Act 1984 (IMPORTANT)
Authorises a search of a person in custody. Typically carried out in the custody suite for safety and evidence gathering.
Section 163 – Road Traffic Act 1988
Allows officers to stop any vehicle without suspicion. Drivers must comply.
Section 170 – Road Traffic Act 1988
Covers failure to stop, report, or exchange details following a road traffic accident. A key offence in hit-and-run investigations.
Section 17 – PACE Act 1984
Allows officers to enter and search premises without a warrant to:
Execute an arrest warrant,
Arrest for certain indictable offences,
Recapture an escaped prisoner,
Protect life or prevent serious injury.
Section 18 – PACE Act 1984
After arrest for an indictable offence, this allows entry and search of a suspect’s premises for evidence relating to the offence.
Section 19 – PACE Act 1984
Grants power to seize items during lawful entry if the officer believes the item is evidence of an offence or has been obtained illegally.
Section 24 – PACE Act 1984
The main power of arrest for constables. Allows arrest without a warrant for any offence if it's necessary (e.g. to prevent harm, protect a vulnerable person, or ensure a proper investigation).
Section 42 – PACE Act 1984
Covers authorising further detention of a suspect in custody (up to 2 hours can be held up to 36 hours but not to be applied) by a superintendent or above for serious offences.
REMEMBER: Any use of police powers must be justified, proportionate, and recorded appropriately in your notebook or on bodycam. Unlawful searches or improper use of powers can lead to cases being thrown out—and disciplinary action.
North PD Bodycam Policy: All stop/searches, arrests, vehicle stops, and use of force must be recorded on bodycam where possible. Failure to activate it may invalidate evidence or result in IA scrutiny.