Crime and Policing Act 2026

Schedule 16 Possession or supply of SIM farms or other specified articles: powers of entry etc

Sections 153 and 156 Part 1 General Interpretation 1 (1) In this Schedule— “justice” means— in England and Wales, a justice of the peace; in Scotland, a sheriff, summary sheriff or justice of the peace; in Northern Ireland, a lay magistrate; “premises” includes any place and, in particular, includes— any vehicle, vessel or aircraft; any offshore installation; any renewable energy installation within the meaning given by section 104 of the Energy Act 2004; any tent or movable structure; “relevant evidence” means evidence that any of the following has been committed— an offence under any of sections 151 to 155; an attempt or conspiracy to commit an offence within paragraph (a); an offence under Part 2 of the Serious Crime Act 2007 (England and Wales and Northern Ireland: encouraging or assisting crime) in relation to an offence within paragraph (a); an offence under the law of Scotland of inciting the commission of an offence within paragraph (a); aiding, abetting, counselling or procuring the commission of an offence within paragraph (a); “vessel” includes— any ship or boat or any other description of vessel used in navigation, and any hovercraft, submersible craft or other floating craft, but does not include a reference to anything that permanently rests on, or is permanently attached to, the sea bed. (2) In this Schedule any reference to a power conferred by this Schedule or any provision of it includes a reference to a power conferred by virtue of the Schedule or provision. Saving 2 Nothing in this Schedule affects any power of a constable conferred otherwise than by this Schedule. Part 2 Powers of entry etc Power to enter and search vehicles 3 (1) This paragraph applies where— (a) a constable has reasonable grounds to suspect that there is relevant evidence in a vehicle, and (b) the vehicle is not a dwelling. (2) The constable may at any time— (a) enter the vehicle and search it for relevant evidence; (b) stop and detain the vehicle for the purposes of entering and searching it. (3) Where— (a) a constable has stopped a vehicle under this paragraph, and (b) the constable considers that it would be impracticable to search the vehicle in the place where it has stopped, the constable may require the vehicle to be taken to such place as the constable directs to enable the vehicle to be searched. (4) A constable may require— (a) any person travelling in a vehicle, or (b) the registered keeper of a vehicle, to provide such facilities and assistance with respect to matters under that person’s control as the constable considers would facilitate the exercise of any power conferred by this paragraph. (5) The powers conferred by this paragraph may be exercised in any place to which the constable lawfully has access (whether or not it is a place to which the public has access). Power to enter and search vessels or aircraft 4 (1) This paragraph applies where— (a) a constable has reasonable grounds to suspect that there is relevant evidence in or on any vessel or aircraft, and (b) the vessel or aircraft is not a dwelling. (2) The constable may at any time— (a) board the vessel or aircraft, and (b) search it for relevant evidence. (3) For the purposes of exercising the power conferred by sub-paragraph (2), the constable may require a vessel or aircraft— (a) to stop, or (b) to do anything else that will facilitate the boarding of that or any other vessel or aircraft. (4) A constable who has boarded a vessel or aircraft may, for the purposes of disembarking from the vessel or aircraft, require that or any other vessel or aircraft— (a) to stop, or (b) to do anything else that will enable the constable to disembark from the vessel or aircraft. (5) A constable may require any person on board a vessel or aircraft to provide such facilities and assistance with respect to matters under that person’s control as the constable considers would facilitate the exercise of any power conferred by this paragraph. Warrant conferring power to enter and search premises 5 (1) Where a justice is satisfied that the requirements in sub-paragraph (3) are met in relation to any premises, the justice may issue a warrant (a “search warrant”) authorising a constable— (a) to enter the premises, and (b) to search them for relevant evidence. (2) A search warrant may be either— (a) a warrant that relates only to premises specified in the warrant (a “specific-premises warrant”), or (b) in the case of a warrant issued in England and Wales or Northern Ireland, a warrant that relates to any premises occupied or controlled by a person specified in the warrant (an “all-premises warrant”). (3) The requirements of this sub-paragraph are met in relation to premises if there are reasonable grounds to suspect that— (a) there are items on the premises that are relevant evidence, and (b) in a case where the premises are specified in the application, any of the following conditions is met— (i) that it is not practicable to communicate with any person entitled to grant entry to the premises; (ii) that it is not practicable to communicate with any person entitled to grant access to the items; (iii) that entry to the premises is unlikely to be granted unless a warrant is produced; (iv) that the purpose of entry may be frustrated or seriously prejudiced unless a constable arriving at the premises can secure immediate entry to them. Applications for search warrants 6 (1) A search warrant may be issued under paragraph 5 only on the application of— (a) a constable, in England and Wales or Northern Ireland; (b) a constable or a procurator fiscal, in Scotland. (2) An application for a search warrant may be made without notice being given to persons who might be affected by the warrant. (3) The application must be supported— (a) in England and Wales, by information in writing; (b) in Scotland, by evidence on oath; (c) in Northern Ireland, by a complaint on oath. (4) A person applying for a search warrant must answer on oath any question that the justice hearing the application asks the person. (5) In the case of an application made by a procurator fiscal, the requirement under sub-paragraph (4) may be met by a constable or a person who has the powers of a constable. (6) Part 3 of this Schedule contains further provision about applications in England and Wales or Northern Ireland for search warrants under paragraph 5. Execution of search warrants 7 (1) A search warrant may be executed by any constable. (2) A search warrant may authorise persons to accompany a constable who is executing it. (3) A person authorised under sub-paragraph (2) to accompany a constable who is executing a search warrant— (a) may exercise any power conferred by paragraph 5, 8 or 9 which the constable may exercise as a result of the warrant, but (b) may exercise such a power only in the company of, and under the supervision of, the constable. (4) In sub-paragraphs (2) and (3) “constable” includes a person who has the powers of a constable. (5) Part 4 of this Schedule contains further provision about the execution in England and Wales or Northern Ireland of search warrants under paragraph 5. Powers of examination etc 8 (1) This paragraph applies where a constable is exercising a power of search conferred by this Schedule in relation to any premises. (2) The constable may examine anything that is in or on the premises. (3) The constable may break open any container or other locked thing, so far as this is reasonably necessary for the purpose of exercising— (a) a power of search conferred by this Schedule, or (b) a power conferred by this paragraph. (4) The constable may require any person in or on the premises to provide such facilities and assistance with respect to matters under that person’s control as the constable considers would facilitate the exercise of— (a) a power of search conferred by this Schedule, or (b) a power conferred by this paragraph. (5) Nothing in this paragraph confers a power to search a person. Power to require production of documents etc 9 (1) This paragraph applies where a constable is exercising a power of search conferred by this Schedule in relation to any premises. (2) The constable may require any person in or on the premises to produce any document or record that is in the person’s possession or control. (3) A reference in this paragraph to the production of a document includes a reference to the production of— (a) a hard copy of information recorded otherwise than in hard copy form, or (b) information in a form from which a hard copy can be readily obtained. (4) For the purposes of this paragraph— (a) information is recorded in hard copy form if it is recorded in a paper copy or similar form capable of being read (and references to hard copy have a corresponding meaning); (b) information can be read only if— (i) it can be read with the naked eye, or (ii) to the extent that it consists of images (for example photographs, pictures, maps, plans or drawings), it can be seen with the naked eye. Power to use reasonable force 10 (1) A constable may use reasonable force, if necessary, for the purpose of exercising a power conferred by this Schedule. (2) A person authorised under paragraph 7(2) to accompany a person who is executing a search warrant may use reasonable force, if necessary, for the purpose of exercising a power conferred by any of paragraphs 5 to 9. Obstruction etc 11 (1) A person commits an offence if, without reasonable excuse, the person intentionally obstructs a constable in the performance of a function conferred by this Schedule. (2) A person commits an offence if— (a) the person fails without reasonable excuse to comply with a requirement reasonably made, or a direction reasonably given, by a constable in the exercise of a power conferred by this Schedule, or (b) the person prevents any other person from complying with any such requirement or direction. (3) In this paragraph “constable” includes— (a) a person who has the powers of a constable; (b) a person authorised under paragraph 7(2) to accompany a person who is executing a search warrant. (4) A person who commits an offence under this paragraph is liable— (a) on summary conviction in England and Wales, to a fine; (b) on summary conviction in Scotland or Northern Ireland, to a fine not exceeding level 5 on the standard scale. Part 3 Applications for search warrants: England and Wales and Northern Ireland Introduction 12 (1) This Part of this Schedule applies to applications in England and Wales or Northern Ireland for search warrants under paragraph 5. (2) In this Part of this Schedule “specific-premises warrant” and “all-premises warrant” have the meaning given by paragraph 5. Applications for warrants 13 (1) A person applying for a search warrant must— (a) state that the application is for a warrant under paragraph 5, (b) specify the matters set out in sub-paragraph (2) or (3) (as the case may be), (c) state what are the grounds for suspecting that relevant evidence is on the premises, and (d) identify, so far as is possible, the offence to which the relevant evidence relates. (2) If the person is applying for a specific-premises warrant, the person must specify each set of premises that it is desired to enter and search. (3) If the person is applying for an all-premises warrant, the person must specify— (a) as many of the sets of premises that it is desired to enter and search as it is reasonably practicable to specify, (b) the person who is in occupation or control of those premises and any others that it is desired to enter and search, (c) why it is necessary to search more premises than those specified under paragraph (a), and (d) why it is not reasonably practicable to specify all the premises that it is desired to enter and search. (4) If the person is applying for a search warrant authorising entry and search on more than one occasion, the person must also state— (a) the ground on which the person applies for such a warrant, and (b) whether the person seeks a warrant authorising an unlimited number of entries, or (if not) the maximum number of entries desired. Warrant: whether authorises one or multiple entries 14 A search warrant authorises entry on one occasion only, unless it specifies that it authorises multiple entries. Form of warrants 15 A search warrant must— (a) specify the name of the person who applies for it, (b) specify the date on which it is issued, (c) state that the warrant is issued under paragraph 5 of this Schedule, (d) specify each set of premises to be searched, or (in the case of an all-premises warrant) the person who is in occupation or control of premises to be searched, together with any premises to be searched that are under the person’s occupation or control and can be specified, and (e) identify, so far as is possible, the offence to which the relevant evidence suspected to be on the premises relates. Copies of warrants 16 (1) Two copies must be made of a search warrant that specifies only one set of premises and does not authorise multiple entries. (2) As many copies as are reasonably required may be made of any other kind of search warrant. (3) The copies must be clearly certified as copies. Part 4 Execution of search warrants: England and Wales and Northern Ireland Introduction 17 (1) This Part of this Schedule applies to the execution in England and Wales or Northern Ireland of a search warrant under paragraph 5. (2) In this Part of this Schedule “specific-premises warrant” and “all-premises warrant” have the meaning given by paragraph 5. (3) In paragraphs 21, 22 and 24 “constable” includes a person who has the powers of a constable. Warrant to be executed within one month 18 Entry and search under a search warrant must be within one month from the date of its issue. All-premises warrants 19 (1) In the case of an all-premises warrant, premises that are not specified in the warrant may be entered and searched only if a senior officer has authorised them to be entered. (2) An authorisation under sub-paragraph (1) must be in writing. (3) In this paragraph “senior officer” means— (a) a constable of at least the rank of inspector, or (b) a National Crime Agency officer who— (i) is designated under section 10 of the Crime and Courts Act 2013 as a person having the powers and privileges of a constable, and (ii) is of grade 3 or above. Search of premises more than once 20 (1) Premises may be entered or searched for the second or any subsequent time under a search warrant authorising multiple entries only if a senior officer has authorised that entry to the premises. (2) An authorisation under sub-paragraph (1) must be in writing. (3) In this paragraph “senior officer” has the meaning given by paragraph 19. Time of search 21 Entry and search under a search warrant must be at a reasonable hour unless it appears to the constable executing it that the purpose of a search may be frustrated on an entry at a reasonable hour. Evidence of authority etc 22 (1) Where the occupier of premises to be entered and searched under a search warrant is present at the time when a constable seeks to execute the warrant, the following requirements must be satisfied— (a) the occupier must be told the constable’s name; (b) if not a constable in uniform, the constable must produce to the occupier documentary evidence that they are a constable; (c) the constable must produce the warrant to the occupier; (d) the constable must supply the occupier with a copy of it. (2) Where the occupier of premises to be entered and searched under a search warrant is not present at the time when a constable seeks to execute the warrant— (a) if some other person who appears to the constable to be in charge of the premises is present, sub-paragraph (1) has effect as if a reference to the occupier were a reference to that other person; (b) if not, the constable must leave a copy of the warrant in a prominent place on the premises. Extent of search 23 A search under a search warrant may only be a search to the extent required for the purpose for which the warrant was issued. Securing premises after entry 24 A constable who enters premises under a search warrant must take reasonable steps to ensure that when the constable leaves the premises they are as secure as they were before the entry. Return and retention of warrant 25 (1) A search warrant must be returned to the appropriate person (see sub-paragraph (2))— (a) when the warrant has been executed, or (b) no more than one month after the date of its issue, if the warrant is— (i) a specific-premises warrant that has not been executed, (ii) an all-premises warrant, or (iii) a warrant authorising multiple entries. (2) The appropriate person is— (a) in the case of a warrant issued in England and Wales, the designated officer for the local justice area in which the justice of the peace was acting when issuing the warrant; (b) in the case of a warrant issued in Northern Ireland, the clerk of petty sessions for the petty sessions district in which the lay magistrate was acting when issuing the warrant. (3) The appropriate person must retain a search warrant returned under sub-paragraph (1) for 12 months from the date of its return. (4) If during that period the occupier of premises to which the search warrant relates asks to inspect it, the occupier must be allowed to do so.