Police Right of Entry to Private Premises
| Published date | 01 April 1996 |
| DOI | 10.1177/0032258X9606900204 |
| Date | 01 April 1996 |
| Author | Michael Griffiths |
| Subject Matter | Article |
MICHAEL GRIFFITHS
Senior Lecturer in Law, University
of
Wolverhampton
POLICE RIGHT
OF
ENTRY TO
PRIVATE PREMISES
Introduction
Aquestion which frequently exercises the police and yet on which, until
recently, there was little judicial guidance is to what extent the police have
powerto enter private premises withoutawarrant to preventthe occurrence
of
abreach of the peace. A recent case, McLeod v. Metropolitan Police
Commissioner[1994] 4 All ER (CA), offered some very helpful guidelines.
The purpose of this article is to consider the present state
of
the law in this
regard.
Police
and
Criminal Evidence Act 1984
As with so many matters regarding police powers and obligations, the
starting point must be to look at the Police and Criminal Evidence Act
1984. Section 17 sets out a variety
of
circumstances in which a constable
may enterand search premises. This is followed in s.17(5) by a statement
that "Subject to ... (6) (below), all the rules
of
common law under which
aconstable has power to enter premises without awarrant are hereby
abolished". Subsection 6howeverprovidesthat "nothing in ... (5) ( above)
affects any power of entry to deal with or prevent abreach of the peace".
For example,ifactual domestic violence is takingplace upon the premises,
it is clearthat a constable may enter. Section 17(1)(e) states that such entry
is lawful "for the purpose
of
saving life or limb or preventing serious
damage to property". However, as to whether aconstable may enter to
preventananticipated breach
ofthe
peacedependsupon the common law.
Thomas v. Sawkins
The leading, indeed almost the only, authority on this is the decision
of
the
DivisionalCourt in Thomas v.Sawkins (1935) 99
lP
295; [1935] 2 KB 249.
A public meeting had been called at a hall specially hired for the purpose.
A public meeting is one to which the public has been invited. The hall was,
of
course, private premises. No charge was to be made for admission to
the meeting which was for the purpose
of
protesting against aproposed
piece oflegislation and to demand the dismissal
of
the
Chief
Constable
of
Glamorgan.
Two police officers - an inspector and Sawkins, asergeant-insisted on
entering the hall and remaining there for the meeting. Thomas, one
of
the
convenors
of
the meeting, asked them to leave. The police officers refused
to do so. Thomas then placed a hand on the inspector with a view to
ejectinghim. Sawkinspushed
Thomas's
arm away, saying "I
won't
allow
you to interfere with my superior officer". Other police officers then
entered and no further attempt was made to eject them.
April 1996 The Police Journal 115
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