Phones, bicycles, vehicles and tools increasingly carry GPS or Bluetooth tracking, and victims can often see where a stolen item went. Until now, police in England and Wales have had no general power to enter a home to look for stolen goods without a warrant. The Crime and Policing Act 2026 creates one for electronically tracked items. This article summarises section 171 of the Act, which inserts new sections into the Theft Act 1968, and the government’s police powers factsheet. When written, legislation.gov.uk showed section 171 as prospective, meaning it was not in force at Royal Assent and awaits commencement regulations. It applies to England and Wales and is general information, not legal advice.
What the new power is
Section 171 inserts section 26A into the Theft Act 1968. It lets a police inspector, or an officer of higher rank, authorise a constable to enter specified premises and search them for specified items, without a court warrant. The government factsheet describes this as a new power to enter and search premises to which stolen goods have been electronically geolocation tracked, where it is not practicable to obtain a warrant. The factsheet says the police currently have no general power to enter and search premises solely to look for stolen goods without a warrant and must apply to a court, for example under section 8 of the Police and Criminal Evidence Act 1984 or section 26 of the Theft Act 1968.
The conditions an inspector must be satisfied of
Under section 26A an authorisation may be given only if the senior officer is satisfied of two things. First, there are reasonable grounds to believe that the specified items are stolen goods, that they are on the specified premises, and that it is not reasonably practicable to obtain a warrant without frustrating or seriously prejudicing its purpose. Second, there is electronic tracking data indicating that the items, or any of them, are or have at some time since they are believed to have been stolen been on the premises. “Electronic tracking data” means information on an item’s location determined by electronic means. The factsheet says this covers GPS and other location data such as Bluetooth, Wi-Fi access points or cellular network technology.
The authorisation can be oral or written, and the officer must record the reasons in writing as soon as reasonably practicable.
Limits on how the power is used
The Act places conditions on how an authorisation is carried out. The powers can be exercised only by a constable in uniform, within 24 hours of the authorisation, and at a reasonable hour unless that might frustrate or seriously prejudice the purpose. The search is allowed only to the extent reasonably required to look for the specified items. If the occupier is present, the constable must identify themselves and state the purpose of the entry and search. Reasonable force may be used if necessary. The powers do not extend to items subject to legal privilege, excluded material or special procedure material, which the factsheet describes as including confidential journalistic material.
The factsheet says use will also be subject to the safeguards in PACE Code B, the code that governs police entry, search and seizure, which it says will be amended. The existing rules for entry are covered in the guide to police at your door and PACE Code B.
What police may seize
Section 26B lets a constable lawfully on the premises under the new power seize anything on them, whether or not it is a specified item, if there are reasonable grounds to believe it is stolen goods and that seizure is necessary to prevent it being concealed, lost, damaged, altered or destroyed. The constable may also seize items believed to be evidence of theft offences on the same necessity test. The constable must record in writing the grounds and the items seized.
Why the government says it is needed
The factsheet says victims often track stolen devices or vehicles using GPS trackers or apps such as Apple’s Find My, but when they report the crime the police are not always able to act. Stolen items are often moved on, sold or disabled quickly, so acting within what it calls the golden hour matters. The government says the power is intended for very specific circumstances in which the evidence leads police to conclude that a warrant would not be effective, and that the requirement for tracking data linking the item and the premises is a further safeguard against wrongly entering a property. Choosing a tracker is covered in the guide to Bluetooth, GPS or cellular trackers, with practical sections on vehicle trackers and bicycle trackers.
The bottom line
Once section 171 of the Crime and Policing Act 2026 is in force, an inspector in England and Wales will be able to authorise police to enter and search premises without a warrant where stolen items have been electronically tracked there and a warrant is not reasonably practicable, with tight conditions on time, uniform, scope and seizure. The power was prospective when this article was written. Electronic tracking data is central to it, and the factsheet frames the power as an additional tool alongside the existing warrant process.
Sources
- Crime and Policing Act 2026, section 171, inserting sections 26A to 26C into the Theft Act 1968 (legislation.gov.uk)
- Crime and Policing Act 2026: police powers factsheet, Home Office (gov.uk)