Operational Policing
Review of Powers of Entry
The review is examining the scope for establishing a framework of powers of entry for non-police agencies.
The Prime Minister in his liberty speech of 25 October 2007 (new window) announced that a review would be carried out on the powers of entry to dwellings and businesses. He said:
'There are a surprisingly high number - at least 250 - of provisions granting power to enter homes and premises without permission. This high number reflects how often they are drawn very narrowly - not least because of our traditional respect for liberty and privacy. I share the concerns about the need for additional protections for the liberties and rights of the citizen. And I believe that one of the strongest guarantees is a clear understanding of what these rights are and that is more difficult with the very existence of hundreds of laws.
'So the Home Secretary is working with the Association of Chief Police Officers to examine, in the name of clarity and the greatest possible protection for the individual, the scope for bringing together all existing police powers of entry into a single understandable code. But, besides the police, many other public authorities covering areas like public health, animal welfare, health and safety, and customs and excise, also have powers of entry. So, alongside the review of police powers, the Home Secretary will establish and coordinate a wider review of all other powers of entry.
'But it is not enough to clarify and subject these powers to the liberty test. Any change should be and will be accompanied by guidance on how these powers should be exercised and the rights members of the public have to take action if those expectations are not met. And we should consider whether we need to do more to offer redress for the individual against any disproportionate use of powers by the state.'
The review is being taken forward in three stages:
Stage 1 - listing of all powers of entry, search, seizure and inspection
- how, when, by whom they can be exercised
- safeguards and protections for the individual or business
- monitoring and recording requirements
Stage 2 - assessment of continuing need
- how often the powers are exercised
- the benefits of maintaining the powers
- specific operational requirements to enable effective enforcement
- monitoring, scrutiny and reporting requirements
- information provided to individual and businesses on the powers
- proportionality of powers and ECHR compliance
Stage 3 - future policy and legislative approach
- options for a statutory framework
- scrutiny process for new or amending powers
- raising public understanding and awareness
- public consultation
This is set out in detail in the attached letter from Lord West, Home Office, Parliamentary Under Secretary of State for Security and Counter-Terrorism. The public consultation is expected to take place in Autumn 2008. The consultation paper will be accessible from this page and we will regularly update you on any progress.
The powers of entry determined from stage 1 are set out below. These lists are not definitive as further work is carried out over the summer with enforcement agencies to determine a comprehensive list of all powers of entry and entry with search, seizure or inspection.
- Powers of entry under Primary Legislation (Category of Official and Safeguards)
- Powers of entry under Secondary Legislation (Category of Official and Safeguards)
- List of Primary Legislation (by Department)
- List of Secondary Legislation (by Department)
This guidance applies to any government department or agency in England and Wales considering new or amended proposals on powers of entry, search, seizure or inspection. Guidance on Powers of Entry - Scrutiny by the Home Department
The powers of the police to enter and search premises and the individual are set out in the Police and Criminal Evidence Act (PACE) 1984 and the PACE Code of Practice for Searching Premises and Seizing Property (Code B).
As indicated above, there is a wide range of people other than the police who require powers of entry and search, seizure or inspection in order to enforce or prevent a breach of the law. These powers are set out in individual statute, but all agencies who are charged with a duty of investigating offences or charging offenders shall have regard to the PACE Codes of Practice - PACE Code B.
