Section 19 Enforcement.E1
England and Wales
If a constable suspects with reasonable cause that any person is committing or has committed an offence under this Part, the constable may without warrant—
stop and search that person if the constable suspects with reasonable cause that evidence of the commission of the offence is to be found on that person;
search or examine any thing which that person may then be using or have in his possession if the constable suspects with reasonable cause that evidence of the commission of the offence is to be found on that thing;
F1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
seize and detain for the purposes of proceedings under this Part any thing which may be evidence of the commission of the offence or may be liable to be forfeited under section 21.
If a constable suspects with reasonable cause that any person is committing F2or has committed an offence under this Part, he may, for the purpose of exercising the powers conferred by subsection (1) F3or arresting a person, in accordance with F4section 24 of Police and Criminal Evidence Act 1984, for such an offence, F5enter any premises other than a dwelling.
A constable may, for the purpose of assisting him in exercising the powers conferred by subsection (1)(b) and (d) when he has entered any premises under subsection (2), take with him—
any other person, and
any equipment or materials.
If a justice of the peace is satisfied by information on oath that there are reasonable grounds for F7suspecting that an offence under this Part has been committed and that evidence of the offence may be found on any premises, he may grant a warrant to any constable F8. . . to enter upon and search those premises for the purpose of obtaining that evidence.
In the application of this subsection to Scotland, the reference to a justice of the peace includes a reference to the sheriff.
This section does not apply in relation to offences under Schedule 9A.
Annotations
Textual amendments
- F1
S. 19(1)(c) repealed (E.W.) by Police and Criminal Evidence Act 1984 (c. 60, SIF 95), Sch. 7 Pt. I
- F2
Words in s. 19(2) inserted (E.W.) (31.5.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 52, 107, Sch. 5 para. 2(2)(a); S.I. 2006/1382, art. 2
- F3
Words inserted (E.W.) by Police and Criminal Evidence Act 1984 (c. 60, SIF 95), Sch. 6 para. 25
- F4
Words in s. 19(2) substituted (1.1.2006) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 111, 178, Sch. 7 para. 56 (subject to art. 2(2)); S.I. 2005/3495, art. 2(1)(m)
- F5
Words in s. 19(2) substituted (E.W.) (31.5.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 52, 107, Sch. 5 para. 2(2)(b); S.I. 2006/1382, art. 2
- F6
S. 19(2A) inserted (E.W.) (31.5.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 52, 107, Sch. 5 para. 2(3); S.I. 2006/1382, art. 2
- F7
Words in s. 19(3) substituted (E.W.) (30.1.2001) by 2000 c. 37, ss. 81(1), 103(2), Sch. 12 para. 7
- F8
Words in s. 19(3) omitted (E.W.) (31.5.2006) by virtue of Natural Environment and Rural Communities Act 2006 (c. 16), ss. 52, 107, Sch. 5 para. 2(4) and repealed (1.10.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 105(2), 107, Sch. 12; S.I. 2006/1382, art. 2; S.I. 2006/2541, art. 2
- F9
S. 19(9) inserted (E.W.) (12.4.2015) by Infrastructure Act 2015 (c. 7), ss. 23(4), 57(4); S.I. 2015/481, reg. 3(a); S.I. 2015/990, reg. 2; S.I. 2015/481, reg. 3(a); S.I. 2015/990, reg. 2
Modifications
- C1
S. 19(3) applied (E.W.) (31.5.2006) by Natural Environment and Rural Communities Act 2006 (c. 16), ss. 52, 107, Sch. 5 para. 13; S.I. 2006/1382, art. 2
Extent
- E1
This version of this provision extends to England and Wales only; a separate version has been created for Scotland only