A knock at the door from police is unsettling, and a forced entry is worse. In England and Wales, officers searching a home are bound by a statutory code, PACE Code B, which sets out when they may come in, what they must tell the occupier, how much force is allowed and what happens to a damaged front door afterwards. This article summarises the version of Code B in force from 20 December 2023. It applies to England and Wales only; Scotland and Northern Ireland have their own arrangements, which are not covered here. It is general information, not legal advice.
Three ways police can lawfully enter
Code B describes police powers to search premises and to seize property found there. Broadly, entry rests on one of three foundations:
- A search warrant. A justice of the peace can issue a warrant for stolen property, drugs, firearms or evidence of serious offences. The application must be specific about what is sought and where, and if an application is refused, a further application for the same premises needs additional grounds.
- Powers without a warrant. Section 17 of the Police and Criminal Evidence Act 1984 lets a constable enter and search premises for purposes including executing an arrest warrant or arresting someone for an indictable offence. After an arrest, other sections of the Act allow searches of the place of arrest or of premises the arrested person controls, subject in the latter case to written authority from an inspector or above.
- The occupier’s consent. Where possible, consent should be given in writing on a Notice of Powers and Rights before the search starts.
The Home Office notes that around 900 separate powers of entry exist across legislation, so other officials, such as trading standards officers, may hold their own powers under different rules.
Consent: what you are entitled to know
Before seeking consent, the officer must state the purpose and extent of the proposed search as specifically as possible. The person must be told they are not obliged to consent, that consent can be withdrawn at any time, including part-way through, and that anything seized may be produced in evidence. A search cannot begin or continue on the basis of consent given under duress or later withdrawn.
What officers must do at the door
Unless the premises are empty or alerting the occupier would frustrate the search or endanger people, the officer in charge must first try to speak to the occupier and explain the authority under which entry is sought. Where the premises are occupied, the officer must:
- identify themselves and show a warrant card if not in uniform;
- state the purpose of the search and the grounds for it; and
- identify and introduce anyone accompanying them, with a brief description of that person’s role.
Searches under warrant must take place within three calendar months of issue.
Force and forced entry
Reasonable and proportionate force may be used to enter if the officer in charge is satisfied the premises are those named in the warrant (or that the no-warrant powers apply) and the occupier has refused entry, communication is impossible, or the exceptions to speaking first apply. Once inside, searches must be conducted with due consideration for the property and privacy of the occupier and with no more disturbance than necessary. If premises are entered by force, the officer in charge must make sure they are secure before leaving, by arranging for the occupier or their agent to be present or by other appropriate means. For a household, that is the point where a broken door or lock becomes a security problem; a practical checklist for boarding up is in How to Secure a Broken Door or Window After a Break-In.
Paperwork you should receive
Unless impracticable, the occupier must be given a Notice of Powers and Rights. It must say whether the search is under warrant, with consent or under a power that needs no warrant; summarise the search and seizure powers; explain the rights of the occupier and of the owner of anything seized; explain that compensation may be payable in appropriate cases for damage caused when entering and searching; and state that the code is available at any police station. If the occupier is present, copies of the notice and warrant should be given before the search begins, unless the officer reasonably believes that would frustrate the search or endanger people. If nobody is home, copies are left in a prominent place, endorsed with the name of the officer in charge and the date and time.
Witnesses and seized property
A friend, neighbour or other person must be allowed to witness the search if the occupier wishes, unless the officer has reasonable grounds to believe their presence would seriously hinder the investigation or endanger people; the search need not be unreasonably delayed to wait for them. Questions asked purely to further the search, such as where a key is kept, do not require a caution. Officers may seize items covered by a warrant, and items subject to legal privilege may not be seized.
Compensation for a damaged door
Code B says compensation depends on the circumstances of each case. Compensation for damage caused when entering is unlikely to be appropriate if the search was lawful and the force shown to be reasonable, proportionate and necessary. If the wrong premises are searched by mistake, the code says everything possible should be done at the earliest opportunity to address any sense of grievance, with a strong presumption in favour of paying compensation. Photographing damage and keeping the Notice of Powers and Rights are sensible first steps, since the notice gives the address for a compensation application.
The bottom line
PACE Code B gives householders in England and Wales concrete expectations: a stated legal basis, identification, a written notice of rights, proportionate force, a secured property afterwards and a route to claim compensation in appropriate cases. It does not remove police powers, but it makes their exercise accountable. Keeping the notice and any warrant copy is the most useful record a householder can hold.