A "section 8" is the standard police search warrant in England and Wales, issued under section 8 of the Police and Criminal Evidence Act 1984. If officers arrive to search your home for evidence and you are not under arrest, this is most likely the paperwork they are holding.
What a magistrate has to be satisfied of
A constable applies in writing (today usually electronically, and often by video link) to a justice of the peace. The magistrate can only issue the warrant if there are reasonable grounds for believing all of the following:
- An indictable offence (one that can be tried at the Crown Court) has been committed.
- There is material on the premises that is likely to be of substantial value to the investigation.
- That material is likely to be relevant evidence, meaning it would be admissible at trial.
- It does not consist of items subject to legal privilege, excluded material (such as confidential medical records) or special procedure material (such as journalistic material), which have their own stricter procedures.
- And at least one of these applies: it is not practicable to communicate with anyone who could grant entry; entry will not be granted without a warrant; or the purpose of the search may be frustrated or seriously prejudiced unless officers can get in immediately.
Specific premises, all premises, and multiple entries
Since 2006 a section 8 warrant can be one of two kinds:
- A specific premises warrant names the address or addresses to be searched.
- An all premises warrant covers any premises occupied or controlled by a named person, including ones the police cannot yet identify. The magistrate must be satisfied that it is necessary and that it is not reasonably practicable to list every address.
A warrant can also authorise entry on more than one occasion, unlimited or up to a stated number, if the magistrate is satisfied that is necessary.
Safeguards on how it is executed
Sections 15 and 16 of PACE, and Code B, set the rules. The warrant must be executed within three months of issue. Officers must identify themselves, produce the warrant and give you a copy, together with a Notice of Powers and Rights, before the search begins unless that is impracticable or would frustrate the search. The search must be at a reasonable hour unless that would defeat its purpose, and must go no further than is needed to find what the warrant covers. Officers may seize what the warrant describes, and under section 19 anything else they reasonably believe is evidence of an offence. Entry and search in breach of sections 15 or 16 is unlawful.
Our guide to police raids covers what should happen on the day in detail.
What this looks like in practice
Warrant searches for evidence are often early in the morning, with enough officers to secure the exits. You will usually be asked to open the door and told who they are and why they are there; if nobody answers and officers believe someone is inside, they can force entry. Stay calm, ask to see the warrant, read it (check the address and the date), and ask for your copy and the Notice. You are entitled to have a friend or neighbour witness the search and to film it, as long as you do not obstruct. Keep a record of what is taken.
If the warrant was wrong
Warrants obtained on inaccurate information, executed at the wrong address, out of time, or beyond their scope can be challenged. Evidence obtained may be excluded in any prosecution, and you may have a civil claim for trespass and damage. A solicitor who deals with actions against the police can advise.
This is general information for England and Wales, not legal advice. If you have been arrested or charged, speak to a solicitor: advice at the police station is free for everyone.