Search warrants
The Law Commission has published recommendations to improve the law governing search warrants.
Applies to England, Northern Ireland and Wales
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A search warrant is a written authorisation that allows an investigator to enter premises to search for material or individuals. Search warrants are usually issued by a court following an application by a police officer or other investigator. Most search warrants authorise the investigator to seize and retain relevant material found during the search.
Around 40,000 search warrants are issued in England and Wales every year. There are over 175 different powers to issue search warrants. Some, like the general power under section 8 of the Police and Criminal Evidence Act 1984 (“PACE”), are used to look for evidence of a criminal offence. Some more specific powers allow the searcher to remove stolen goods, drugs, firearms or other dangerous materials, or to rescue people or animals in danger or distress. Other powers relate to complex financial or specialised investigations.
A number of issues have been identified with the current law, including:
- Errors: A 2016 review by the National Crime Agency found that 79% of investigations had defective warrants (of which 8% had significant deficiencies). Operation Midland is a high-profile example, in which six search warrants were obtained following false allegations made relating to historic child sexual abuse.
- Inefficiency: It has taken police forces on occasion three weeks to obtain a search warrant, during which time evidence might have been lost and further crimes committed.
- Insufficient powers: Law enforcement agencies do not have effective powers to obtain electronic evidence, such as indecent images of children, which might be stored on remote servers in an unknown jurisdiction. Being able to obtain this material is vital for the successful investigation and prosecution of serious criminal offences.
- Inadequate safeguards: There is currently not enough protection for individuals whose electronic devices are seized (such devices could contain data including personal information which is irrelevant to the investigation).
- Safeguards also vary depending on the type of warrant issued, resulting in some individuals having fewer statutory protections than others.
Find out more about the report on the Law Commission website.