Can police enter your home without a warrant?

Key points

• Section 17 PACE lets a constable enter and search premises without a warrant for the purposes in s.17(1). They include arresting someone for an indictable offence or for one of the offences listed in s.17(1)(c), recapturing someone unlawfully at large whom the constable is pursuing, and saving life or limb or preventing serious damage to property.
• Except for saving life or limb or preventing serious damage to property, the constable must have reasonable grounds for believing the person being sought is on the premises (s.17(2)(a)). The search goes only as far as that purpose reasonably requires (s.17(4)).
• After an arrest for an indictable offence, s.18 allows a search of premises the person occupies or controls, normally on an inspector’s written authority, and s.32(2)(b) allows a search of the premises where they were arrested or were immediately before.
• Section 17(5) abolished the other common law powers of entry without a warrant. Section 17(6) keeps the power to deal with or prevent a breach of the peace.
• A welfare check is covered by s.17(1)(e) only if the facts known to the officer point to a need to save life or limb or prevent serious damage to property. Concern alone is not a power.
• Officers may use reasonable force, if necessary, to use the PACE powers in ss.17, 18 and 32 (s.117 PACE; Code B para 6.6). A person entitled to give consent can agree to a search and can withdraw that consent at any time.

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General information, not legal advice. This page covers England and Wales. Check the current law and your force policy. Points marked Untested are ones the Act does not settle and where this page relies on no court decision. Before acting on one, ask your supervisor, force legal services or the CPS.

Can police enter my house without a warrant?

Yes, in England and Wales, but only where an Act gives the power or a person entitled to let them in agrees. A warrant is the usual way to search a home for evidence when nothing else applies. It is not the only way in. The main power is section 17 of the Police and Criminal Evidence Act 1984 (PACE). Sections 18 and 32 add searches for evidence after an arrest.

Section 17(5) abolished the old common law rules under which a constable could enter without a warrant, apart from the power to deal with or prevent a breach of the peace, which s.17(6) keeps. So, outside breach of the peace, the power has to come from legislation (s.17(1) is expressed to be “without prejudice to any other enactment”, so other Acts can give powers of entry too) or from the consent of a person entitled to grant entry.

What does section 17 PACE allow? The power of entry explained

a constable may enter and search any premises for the purpose of arresting a person for an indictable offencePACE s.17(1)(b), shortened

That is one of several purposes. Section 17(1) lists them, and s.23 says “premises” includes any place, including a vehicle, vessel, aircraft, tent or movable structure.

For the Criminal Law Act 1977 offences, the interim possession order offence and squatting, only a constable in uniform can use the power (s.17(3)).

Section 17(1)(cza), entering to arrest someone the constable has reasonable grounds for believing is in breach of a domestic abuse protection notice, applies only in pilot areas. The latest pilot period shown on legislation.gov.uk ends on 24 November 2026. Check there for any extension before relying on it.

What counts as an indictable offence?

In England and Wales it means an offence that, if committed by an adult, is triable on indictment, whether only that way or either way (Interpretation Act 1978, Schedule 1). Most theft offences count because they are triable either way, and every burglary counts because burglary can always be tried on indictment (s.9(3) Theft Act 1968). Common assault does not, because it is a summary offence (s.39 Criminal Justice Act 1988). So s.17(1)(b) does not on its own cover entry to arrest for a purely summary offence. The offence must be on the s.17(1)(c) list, or another purpose must apply.

The condition: reasonable grounds for believing the person is inside

Except for purpose (e), s.17(2)(a) says the power is exercisable only if the constable has reasonable grounds for believing that the person being sought is on the premises. The Act says believing, not suspecting, so treat it as the firmer test. Record what led you to think they were there: who saw them, when, and what else points to that address.

Flats and shared buildings

Except for purpose (e), where the premises consist of two or more separate dwellings, s.17(2)(b) limits the power to the parts the occupiers use in common and to any dwelling in which the constable has reasonable grounds for believing the person sought may be. A block of flats does not open every front door.

How far can officers search?

Section 17(4) says the search goes only as far as is reasonably required for the purpose for which entry was made. If you are looking for a person, you can check places a person could be, such as rooms, cupboards and a loft, but not a drawer. Under purpose (e) there may be no person to find. The search is then limited to what is reasonably needed to deal with the danger, such as finding a knife someone has threatened to use, and it is not a general search (s.17(4)). Section 17 is not a power to search for evidence. If you are lawfully on the premises and see something you have reasonable grounds for believing is evidence, s.19 PACE lets you seize it where that is necessary to stop it being concealed, lost, altered or destroyed (s.19(3)). Nothing you have reasonable grounds for believing is legally privileged may be seized (s.19(6)).

Section 17 is not a power of arrest

Code B para 4.1 says s.17 does not create or confer any power of arrest. The arrest you are entering to make must itself be lawful. For an arrest without a warrant under s.24 PACE, the usual power for purposes (b) and (c), the reasonable grounds and necessity tests must be met. See Section 24 PACE arrest and the necessity criteria explained.

Can police enter your home for a welfare check?

Sometimes. There is no separate power of entry for a welfare check. The power that fits is s.17(1)(e): entry and search for the purpose of saving life or limb or preventing serious damage to property. It needs no suspect and no offence, and the s.17(2) condition about believing a person is on the premises does not apply to it.

A welfare concern on its own is not enough. A relative who cannot get hold of someone, a request from another agency or a missed appointment are reasons to make enquiries. Entry under s.17(1)(e) needs more: facts that point to a danger to someone’s life or of serious injury, including harm a person may do to themselves, or to serious damage to property.

The Act does not say how sure you must be before going in under (e). Courts have considered s.17(1)(e), but this page does not cover those decisions. Work on the basis that you need reasonable grounds drawn from facts you can point to, and that a hunch is not enough. Record what you were told, what you saw and heard, and why you could not wait or find another way in.

Untested The Act does not say what makes damage to property “serious”.

If the power is not made out

Keep trying to make contact. Ask neighbours and family what they know, and check with any agency already involved. Ask whoever is entitled to let you in for consent, and follow the Code B section 5 approach as good practice (the Code’s consent rules are written for searches in an investigation into an alleged offence, para 2.3(a)). Revisit the decision if new facts come in. Where there is reasonable cause to suspect that a person believed to have a mental disorder has been or is being ill-treated, neglected or not kept under proper control, or is living alone and unable to care for themselves, an approved mental health professional can apply to a justice of the peace for a warrant under s.135(1) Mental Health Act 1983. It authorises a constable to enter, if need be by force, and the constable must be accompanied by an approved mental health professional and a registered medical practitioner (s.135(4)). It has to be applied for through a court, so it will rarely help in an emergency. Entering without a power or consent is not lawful.

Can police force entry for a welfare check?

Yes, if s.17(1)(e) applies and one of the conditions in Code B para 6.6 is met. They are set out under Can police force entry without a warrant? below.

Section 18 PACE search: can police search your home after an arrest?

a constable may enter and search any premises occupied or controlled by a person who is under arrest for an indictable offence, if he has reasonable grounds for suspecting that there is on the premises evidence, other than items subject to legal privilege, that relates to that offencePACE s.18(1), shortened

The search goes only as far as is reasonably required to discover that evidence (s.18(3)), and a constable may seize and retain anything for which they may search (s.18(2)).

The s.18(5) exception

A constable may search without the inspector’s prior authority if the search is made before the person is taken to a police station or released under s.30A (released before arriving at a police station, with or without bail), and the person’s presence at a place other than a police station is necessary for the effective investigation of the offence (s.18(5) and (5A)). The constable must then tell an inspector or above as soon as practicable after the search (s.18(6)).

In practice this is the search done early, while the arrested person is still being dealt with at or near the scene, for example where you need them there to open a lock or say what belongs to whom. That is an example, not a legal test: the test in s.18(5A) is whether their presence there is necessary for the effective investigation. Once they are at the station, the inspector’s written authority is the route.

Who authorises, and what is recorded

The officer who authorises the search, or is told of it afterwards, must record in writing the grounds for the search and the nature of the evidence sought (s.18(7)). If the person who occupied or controlled the premises is in police detention when the record is made, it goes in their custody record (s.18(8)). Code B para 4.3 adds that the authority should only be given when the inspector is satisfied the premises are occupied or controlled by the arrested person and the necessary grounds exist, and should if possible be recorded on the Notice of Powers and Rights (the notice given to the occupier about the search). A sergeant can give the s.18 authority in place of an inspector if an officer of the rank of superintendent or above has authorised them to do so (s.107(2) PACE; Code B para 2.7).

Section 32 PACE premises search: can police search where you were arrested?

if the offence for which he has been arrested is an indictable offence, to enter and search any premises in which he was when arrested or immediately before he was arrested for evidence relating to the offencePACE s.32(2)(b)

Section 32 applies where the person has been arrested at a place other than a police station (s.32(1) and (2)). The conditions are:

• the arrest is for an indictable offence
• the constable has reasonable grounds for believing there is evidence relating to that offence on the premises (s.32(6))
• the search goes only as far as is reasonably required to find it (s.32(3))

No inspector’s authority is needed. In a building made up of separate dwellings, the power is limited to the dwelling where the arrest took place or where the person was immediately before, and the parts shared with other dwellings (s.32(7)).

The Act sets no time limit, but courts have treated s.32 as a power to use at the time of the arrest, not a way to go back to the premises later. If time has passed, or the person is already at the police station, use s.18 for premises they occupy or control, or apply for a warrant.

How s.18 and s.32 differ

• Which premises. Section 18 covers premises the arrested person occupies or controls, wherever the arrest happened. Section 32(2)(b) covers premises where they were when arrested or just before, whoever owns them.
• Which evidence. Section 18 covers evidence of the offence or of a connected or similar indictable offence. Section 32 covers evidence relating to the offence for which the person was arrested.
• Grounds. Section 18 asks for reasonable grounds for suspecting. Section 32(6) asks for reasonable grounds for believing.
• Authority. Section 18 normally needs an inspector’s written authority. Section 32 does not.

Both can apply to the same arrest. Take someone arrested in the street on suspicion of burglary just after leaving a friend’s flat. If the grounds for each power are met, the flat can be searched under s.32(2)(b) at the time of the arrest, because they were there immediately before it, and their own home can be searched under s.18 with an inspector’s authority.

Untested The Act does not define “immediately before”. If the person left the premises some time before the arrest, or was arrested well away from them, take advice before relying on s.32(2)(b).

People found on the premises

A person who has not been arrested but is searched during a premises search is searched under Code A, not Code B (Code B para 2.4). See Stop and search under section 1 PACE explained.

Can police enter without a warrant to stop a breach of the peace?

Yes, in limited cases. As set out above, s.17(6) keeps any power of entry to deal with or prevent a breach of the peace. The power itself comes from the common law, and the Act does not define a breach of the peace or say how close one must be before you can go in. Those limits come from court decisions, which this page does not cover, so check College of Policing guidance and your force policy before relying on it. It is not a general power to enter wherever there has been an argument. Be ready to say what you saw or heard and why you could not deal with it from outside, and record it.

Do police need a warrant to search a home? Section 8 PACE

When none of the powers above fits, the route to search a home for evidence is a warrant from a justice of the peace under s.8 PACE. The justice must be satisfied there are reasonable grounds for believing that:

• an indictable offence has been committed
• there is material on the premises likely to be of substantial value to the investigation
• the material is likely to be relevant evidence
• it does not include legally privileged items, excluded material or special procedure material
• one of the conditions in s.8(3) applies: it is not practicable to communicate with anyone entitled to grant entry, or with anyone entitled to grant access to the evidence; entry will not be granted unless a warrant is produced; or the purpose of the search may be frustrated or seriously prejudiced unless a constable arriving can secure immediate entry

A warrant can name specific premises or, where the conditions in s.8(1B) are met, cover all premises occupied or controlled by a named person. Executing it brings in s.15 and s.16: entry within three months of issue, at a reasonable hour unless it appears to the constable that the purpose of the search may be frustrated, with the constable identifying themselves and producing and copying the warrant to the occupier. Other Acts have their own warrants, such as s.23(3) Misuse of Drugs Act 1971. Material in the excluded or special procedure categories needs a different route under Schedule 1 to PACE.

Can police force entry without a warrant?

Yes, where a power of entry applies and force is needed to use it.

Where any provision of this Act confers a power on a constable and does not provide that the power may only be exercised with the consent of some person, other than a police officer, the officer may use reasonable force, if necessary, in the exercise of the power.PACE s.117, shortened

Section 117 covers only powers given by PACE. The breach of the peace power comes from the common law, and powers in other Acts carry their own rules on force, such as the words “if need be by force” in a s.135 Mental Health Act warrant. For the PACE powers, Code B sets the steps around that. The officer first tries to communicate with the occupier and ask to be let in (para 6.4), identifies themselves and states the purpose and grounds (para 6.5), and uses force only if the powers in paras 4.1 to 4.3 (ss.17, 32 and 18) are being exercised and either the occupier has refused entry, it is impossible to communicate with them, or one of the para 6.4 exceptions applies (para 6.6). The force must be reasonable and proportionate. Para 6.10 adds that it may be used only when necessary because the co-operation of the occupier cannot be obtained or is insufficient.

Entry also interferes with the right to respect for private life and home in Article 8 of the European Convention on Human Rights, so it must be a proportionate response to the need. If you force entry, make sure the premises are secure before you leave, by arranging for the occupier or their agent to be present or by other appropriate means (para 6.13). The Notice of Powers and Rights given to the occupier must explain that compensation may be payable in appropriate cases for damage caused entering and searching (para 6.7). Consent is not a power conferred by the Act, so s.117 gives no right to use force once consent is refused or withdrawn.

Can you refuse to let the police in?

If officers are asking for your consent, yes. Before asking, the officer in charge must state the purpose and extent of the search as specifically as possible, and clearly tell the person they are not obliged to consent, that they can withdraw consent at any time, including while the search is under way, and that anything seized may be produced in evidence. If the person is not suspected of an offence, the officer must say so (Code B para 5.2).

• Consent must, if practicable, be given in writing on the Notice of Powers and Rights before the search, and the officer must make enquiries to be satisfied the person can give it (para 5.1).
• An officer cannot enter and search, or carry on searching, under consent that was given under duress or has been withdrawn (para 5.3).
• Consent need not be sought where that would cause disproportionate inconvenience, such as a quick check of nearby gardens for a suspect who has run off (para 5.4 and Note 5C).
• In a lodging house or hostel, the search should not rest on the landlord’s consent alone (Note 5A).

If officers are using a power of entry, refusing does not stop them. Resisting or wilfully obstructing a constable in the execution of their duty is an offence under s.89(2) Police Act 1996, with a maximum of one month in prison or a level 3 fine, or both. The offence depends on the officer acting in the execution of their duty, so an entry with no power and no consent can be challenged afterwards. Do not physically block officers at the door. Assaulting a constable in the execution of their duty is a separate offence under s.89(1), with a maximum of six months in prison. Ask which power they are using, note the answer, and take legal advice.

Practical points for officers

Before and during

• Write down the facts behind the power before you go in. A decision you cannot explain later is hard to defend.
• Searches covered by Code B must be made at a reasonable hour unless that might frustrate the purpose of the search (Code B para 6.2). That applies to searches under ss.17, 18 and 32 as well as to warrants.
• Brief everyone involved on the power and its limits (Code B Note 6B).
• Search with due consideration for the occupier’s property and privacy, with no more disturbance than necessary (para 6.10). If the occupier wishes, a friend or neighbour must be allowed to witness the search unless that would seriously hinder the investigation or endanger people (para 6.11). The search need not be unreasonably delayed for this.
• Questions that are solely about the conduct of the search, such as who occupies the room or where the key is, need no caution (Code C para 10.1(c); Code B para 6.12). If you go beyond that, it is likely to be an interview (para 6.12A).

Afterwards

• On return to the station, the officer in charge makes or arranges the premises search record. It must show the address, date, time and duration, the power used, the officers involved, the names of anyone on the premises if known, any articles seized and the grounds for seizing them, any refusal of the occupier’s request for a witness and why, whether force was used and why, and any damage caused (para 8.1).
• For s.18, make sure the inspector’s authority, or the notification of a s.18(5) search, and the grounds and nature of the evidence sought are recorded (s.18(7); Code B para 4.3).
• Seizure on premises entered under s.17 or searched under s.32 is under s.19 PACE (s.18 has its own seizure power in s.18(2)). Remember the legal privilege bar in s.19(6).
• Leave the premises secure if you forced entry (para 6.13).

Entry without a warrant: questions asked

Can police enter your home without a warrant in the UK?

Yes, in England and Wales, in set cases. Under PACE s.17 a constable can enter to arrest for an indictable offence or another listed offence, to recapture someone unlawfully at large whom they are pursuing, or to save life or limb or prevent serious damage to property. Sections 18 and 32 allow a search for evidence after an arrest for an indictable offence. Each power has conditions, and police can also come in with consent. Scotland and Northern Ireland have different law.

Do police need a warrant to enter your home?

Not always. A warrant under s.8 PACE is the usual route to search a home for evidence when no other power applies. Without one, police need a power such as s.17, s.18 or s.32 PACE, the power to deal with a breach of the peace, or consent from someone entitled to give it.

Can police force entry without a warrant?

Yes, if a power of entry applies. For the PACE powers, such as ss.17, 18 and 32, section 117 PACE allows reasonable force, if necessary. Code B para 6.6 says force may be used where the occupier has refused entry, it is impossible to communicate with them, or one of the para 6.4 exceptions applies (the premises are unoccupied, the occupier and anyone else entitled to grant access are absent, or there are reasonable grounds for believing that alerting them would frustrate the object of the search or endanger officers or other people). The force must be reasonable and proportionate.

Can police force entry for a welfare check in the UK?

Under PACE, only if s.17(1)(e) applies: entry to save life or limb or prevent serious damage to property. A welfare concern alone is not a power of entry. If (e) applies and entry is refused or no one can be reached, reasonable force may be used (s.117 PACE; Code B para 6.6). If it does not apply, officers need another power, consent or, where its conditions are met, a warrant under s.135(1) Mental Health Act 1983 applied for by an approved mental health professional.

What is section 17 PACE?

Section 17 of the Police and Criminal Evidence Act 1984 gives a constable power to enter and search premises without a warrant for set purposes, including arresting someone for an indictable offence, recapturing someone unlawfully at large whom they are pursuing, and saving life or limb or preventing serious damage to property. Except for that last purpose, the officer needs reasonable grounds for believing the person sought is on the premises. The search can go only as far as the purpose needs.

What does section 18 PACE allow police to search?

Premises occupied or controlled by a person under arrest for an indictable offence, if the officer has reasonable grounds for suspecting there is evidence relating to that offence, or to a connected or similar indictable offence, on the premises. An inspector must authorise the search in writing, unless the s.18(5) exception applies.

What does section 32 PACE allow for premises?

If a person is arrested at a place other than a police station for an indictable offence, a constable can enter and search the premises where they were when arrested, or immediately before, for evidence relating to that offence, provided there are reasonable grounds for believing the evidence is there (s.32(2)(b) and (6)). No inspector’s authority is needed. Courts have treated it as a power for use at the time of the arrest, not a way to come back later.

Can police search my house after arresting me?

Possibly. If you are arrested for an indictable offence, s.18 allows a search of premises you occupy or control, with an inspector’s written authority or under the s.18(5) exception, and s.32(2)(b) allows a search, at the time of the arrest, of the place where you were arrested or were just before. Both are limited to evidence and need reasonable grounds.

Can I refuse to let police in without a warrant?

If officers are asking for your consent, yes. They must tell you that you do not have to agree and that you can withdraw consent at any time (Code B para 5.2). If they are using a power of entry, refusing does not stop them, and wilfully obstructing a constable in the execution of their duty is an offence under s.89(2) Police Act 1996. Ask which power they are using.

Can police enter without a warrant to stop a breach of the peace?

Yes, in limited cases. Section 17(5) PACE abolished the old common law powers of entry, but s.17(6) keeps any power of entry to deal with or prevent a breach of the peace. The Act does not define that power or set its limits, which come from court decisions. It is not a general power to enter wherever there has been an argument.

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Last checked 3 November 2026 against legislation.gov.uk and PACE Code B (2023) on GOV.UK.