Can Police Enter Your House Without a Warrant in England?

The question of whether police can enter your house without a warrant in England is one that concerns many, touching on privacy, legal rights, and the limits of police powers. While police generally require a warrant or permission to enter private premises, there are several situations where they can lawfully do so without one.

In fact, there are currently over 900 powers of entry in the UK that allow state officials, including police officers, to legally enter defined premises without the need for a warrant. To ensure these powers are not abused, a code of practice was introduced in April 2015, offering safeguards for the public and individuals.

What is a Warrant?

A warrant is a legal document issued by a court that gives police the authority to enter and search private property or arrest someone. Warrants are usually granted when there is sufficient evidence that a crime has been committed, or when entering the premises is necessary to collect evidence or make an arrest.

However, under certain circumstances, police officers are allowed to enter a property without a warrant. These situations are strictly defined by law, particularly under the Police and Criminal Evidence Act 1984 (PACE), which provides a framework for lawful entry without a warrant.

Section 17 of the Police and Criminal Evidence Act 1984 (PACE)

The primary piece of legislation governing warrantless entry is Section 17 of PACE. This section outlines specific situations where the police can enter premises without obtaining a warrant. These include:

• To arrest a person for an indictable offence
• To capture a suspect who is unlawfully at large
• To prevent serious injury or save a life
• To prevent serious damage to property
• To enforce specific legal orders, such as arrest warrants

The intent behind these exceptions is to allow police officers to act swiftly in situations where obtaining a warrant could lead to delayed justice or harm to individuals. However, even in these cases, police must be able to justify their actions based on the urgency and nature of the situation.

When Can Police Enter Without a Warrant?

Although police generally require a warrant, there are several specific circumstances where they can enter a property without one. Understanding these circumstances is essential to know your rights as a homeowner or tenant.

1. Preventing or Stopping a Crime

Police can enter a home without a warrant if they have reasonable grounds to believe that a crime is in progress, is about to happen, or has just been committed. This could include entering a house to stop a burglary, assault, or other criminal act. The police must have a clear reason to believe that immediate action is necessary to prevent further harm or to apprehend a suspect.

2. Pursuing a Suspect

If police are in “hot pursuit” of a suspect who has fled into a property, they can enter without a warrant. This often happens when a suspect is attempting to evade arrest by entering a house, and the police need to act quickly to prevent their escape or to avoid the destruction of evidence.

3. Protecting Life or Preventing Serious Injury

One of the most critical exceptions to the warrant requirement is when police believe that someone inside the property is in immediate danger. For example, if the police receive reports of domestic violence or hear distressing sounds coming from a property, they may enter without a warrant to prevent serious injury or death.

4. Addressing a Breach of the Peace

Police may enter a property without a warrant to prevent or stop a breach of the peace. This generally applies to situations where there is a threat of violence or serious disorder. For instance, if a violent argument inside a home is escalating to the point where it poses a danger to those involved, police can intervene without obtaining a warrant first.

5. Enforcing an Arrest Warrant

While police generally need a search warrant to search for evidence, they do not require a search warrant to enter a property if they have an arrest warrant for an individual they believe to be inside. This allows police to apprehend suspects without delay when they are inside private premises.

Non-Molestation Orders and Related Legal Issues

In addition to the powers granted under PACE, other legal issues involving unauthorised entry can arise, particularly in cases involving non-molestation orders. These orders are designed to protect individuals, often in domestic violence cases, by prohibiting the offender from contacting or approaching the victim. A breach of a non-molestation order can result in unauthorised entry into a property, which has serious legal consequences.

In 2022, approximately 82% of offenders charged with breaching non-molestation orders—many of which involve entering a prohibited area—were convicted. The average custodial sentence for breaching pre-charge bail conditions, which may also include unauthorised entry, was 5 years and 9 months in 2022.

There has also been a notable increase in applications for non-molestation orders, with a 15% rise between 2021 and 2023. This increase reflects growing concerns about unauthorised entry and the need for legal protections in domestic situations. In response to these concerns, around 240 records related to non-molestation orders were added to the Police National Database in 2023 as part of a pilot project to improve police access to information about these orders.

While these statistics do not directly address the frequency of warrantless entries, they provide important context about related legal issues and the powers available to the police. The data highlights the seriousness of unauthorised entry and the consequences for offenders who violate protective orders or bail conditions.

Code of Practice for Powers of Entry

As mentioned earlier, there are currently over 900 powers of entry that allow state officials, including police officers, to legally enter private premises. To regulate the use of these powers and prevent abuse, a code of practice was introduced in April 2015. This code provides clear guidelines on how and when these powers should be exercised, with a focus on protecting individual rights and ensuring that powers are used proportionally.

The introduction of the code of practice ensures that public officials, including the police, are accountable for how they exercise their powers of entry. It also provides a framework for individuals to challenge unlawful entries or breaches of procedure.

Limits on Police Powers of Entry

While police have several legal grounds to enter a property without a warrant, these powers are not limitless. If police enter your home without a valid reason or fail to follow the proper legal procedures, their actions can be challenged in court. Any evidence obtained during an illegal entry may be deemed inadmissible, and individuals whose rights are violated can file a complaint or pursue legal action.

What to Do If Police Enter Your Home Without a Warrant

If police enter your home without a warrant, it is essential to remain calm and cooperative. Ask the officers for the reason they are entering and whether they are acting under a specific power such as Section 17 of PACE. If you believe the entry is unlawful, you have the right to challenge it in court and seek legal advice.

Conclusion

In England, police generally need a warrant or permission to enter a private home, but there are several legal exceptions that allow them to enter without one. These exceptions, set out in laws like PACE, aim to allow police to act swiftly in situations where lives or property are at risk, or a suspect is attempting to evade arrest. With over 900 powers of entry available to state officials, the introduction of a code of practice in 2015 provides vital safeguards for individuals and ensures that these powers are used responsibly.

Understanding your rights and the circumstances under which police can enter your home is crucial. If you believe the police have entered your property unlawfully, you should seek legal advice to protect your rights and explore potential legal remedies.