# Crime and Policing Act 2026, Section 171: Electronically tracked stolen goods: search without warrant

Extent: E+W
Status: prospective

(1) In the Theft Act 1968, in the heading of section 26 after “goods” insert “with warrant”.
(2) In the Theft Act 1968, after section 26 insert—
“Electronically tracked stolen goods: search without warrant
26A (1) A constable whose rank is at least that of inspector (a “senior officer”) may authorise a constable to—
(a) enter specified premises, and
(b) search the specified premises for specified items.
(2) A senior officer may give an authorisation under subsection (1) only if satisfied that—
(a) there are reasonable grounds to believe that—
(i) the specified items are stolen goods,
(ii) the specified items are on the specified premises, and
(iii) it is not reasonably practicable to obtain a warrant for the entry and search (under section 26 or another enactment) without frustrating or seriously prejudicing its purpose, and
(b) there is electronic tracking data indicating that the specified items (or any of them) are, or have at some time since they are believed to have been stolen been, on the specified premises.
(3) An authorisation may be given orally or in writing.
(4) As soon as reasonably practicable after giving the authorisation, the senior officer must record in writing—
(a) if the authorisation was given orally, the authorisation, and
(b) in any case, the officer’s reasons for being satisfied as mentioned in subsection (2).
(5) The powers conferred by an authorisation under subsection (1) may be exercised only—
(a) by a constable in uniform,
(b) before the end of the 24 hour period beginning with the time the authorisation is given, and
(c) at a reasonable hour (unless it appears to the constable that exercising them at a reasonable hour may frustrate or seriously prejudice the purpose of exercising them).
(6) The power of search conferred by an authorisation under subsection (1) is exercisable only to the extent that is reasonably required for the purpose of searching the specified premises for the specified items.
(7) Where the occupier of the specified premises is present at the time the constable seeks to enter and search them, the constable must—
(a) identify themselves to the occupier, and
(b) state the purpose for which they are entering and searching the premises.
(8) In this section “electronic tracking data” means information as to the location, determined by electronic means, of an item.
Seizure on search under section 26A
26B (1) Where a constable is lawfully on premises in exercise of the powers conferred by an authorisation under section 26A(1), this section applies instead of section 19 of the Police and Criminal Evidence Act 1984 (general power of seizure).
(2) The constable may seize anything which is on the specified premises (whether or not it is a specified item) if the constable has reasonable grounds to believe—
(a) that it is stolen goods, and
(b) that it is necessary to seize it in order to prevent it being concealed, lost, damaged, altered or destroyed.
(3) The constable may seize anything which is on the specified premises (whether or not it is a specified item) if the constable has reasonable grounds to believe—
(a) that it is evidence in relation to an offence of theft which the constable is investigating or any other offence of theft, and
(b) that it is necessary to seize it in order to prevent the evidence being concealed, lost, damaged, altered or destroyed.
(4) As soon as reasonably practicable after exercising a power of seizure conferred by this section, the constable must record in writing—
(a) the grounds on which the power was exercised, and
(b) the items seized.
Sections 26A and 26B: supplementary
26C (1) The powers conferred by virtue of sections 26A and 26B do not include powers to search for or seize—
(a) items subject to legal privilege,
(b) excluded material, or
(c) special procedure material.
(2) A constable may use reasonable force, if necessary, in the exercise of a power conferred by virtue of section 26A or 26B.
(3) In sections 26A and 26B “specified” means specified in an authorisation under section 26A(1).
(4) Sections 26A and 26B are to be construed in accordance with section 24.
(5) In sections 26A to 26C the following expressions have the same meaning as in the Police and Criminal Evidence Act 1984—
“excluded material” (see section 11 of that Act);
“items subject to legal privilege” (see section 10 of that Act);
“premises” (see section 23 of that Act);
“special procedure material” (see section 14 of that Act).”
(3) In Schedule 1 to the Criminal Justice and Police Act 2001 (seizure powers to which certain provisions apply), in each of paragraphs 10 and 92—
(a) for “power” substitute “powers”;
(b) for “section 26(3)” substitute “sections 26(3) and 26B”.

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Source: https://www.legislation.gov.uk/ukpga/2026/20/section/171 (the official version)
Page: https://openlegislation.uk/crime-and-policing-act-2026/section-171
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.