§ Mr. Geoffrey Finsbergasked the Secretary of State for the Home Department if he will detail the powers of search and entry held by the police under his jurisdiction.
§ Mr. Roy JenkinsThere is no general statutory right in England and Wales to enter and search private premises, but the right to do so under certain circumstances is recognised both by common law and by statute. I have no authority to interpret, or to define in detail, the powers of the police, but my understanding is that if admission is refused a constable may only enter private premises in the following circumstances: (a) to execute a warrant of arrest on a criminal charge or a search warrant issued under statutory powers; (b) under Section 2(6) of the Criminal Law Act 1967 for the purpose of exercising any of the powers of arrest conferred on him by Section 2 of that Act; (c) when entry is otherwise permitted by statute; or (d) in exercise of his common law powers. It would, of course, be for the courts to decide, in relation to any particular case, whether the police had exceeded their powers.