Correct on the date of publication - 20 April 2026
Question:
Code of Practice A, para. 1.5, prohibits a search of a person even though the individual might consent to a search of his person being conducted unless the appropriate legal power exists. What is the situation in respect of consensual searches of vehicles?
Answer:
An officer must not search a person, even with his consent, where no power to search is applicable. Even where a person is prepared to submit to a search voluntarily, the person must not be searched unless the necessary legal power exists and the search must be in accordance with the relevant power and the provisions of the Code. The only exception where an officer does not require a specific power, applies to searches of persons entering sports grounds or other premises carried out with their consent given as a condition of entry (para. 1.5 Code of Practice A).
It will be noted that the provision is directed solely towards the search of persons, not vehicles.
Whilst paragraph 1.5 prevents the consensual searching of a person when no statutory power of search can be relied upon, the provision does not prevent the searching of a person's vehicle (or any other property for that matter) with the person's consent.
Some practitioners have occasionally suggested that para. 1.5 also prohibits the consensual searches of vehicles. Addressing this issue, in its various sub-sections, section 1 of PACE makes repetitive and specific reference to both persons and vehicles. In section 1(4) the Act makes sole reference to restrictions on searching persons, whilst section 1(5) makes sole reference to vehicles. The Act itself thus distinguishes searches of persons from searches of vehicles.
Similarly, section 2 of the Act makes specific reference to persons and vehicles, but makes separate provision for recording procedures in respect of persons and vehicles. Again, procedures concerning persons are separated from those relating to vehicles.
As shown above, para. 1.5 of Code of Practice A is solely directed to searches of persons. It makes no reference at all to vehicles. The consensual search of vehicles is not the same thing as a consensual search of a person. Since the provision contains no reference to consensual searches of vehicles, the provision has no application to such searches.
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