An officer of the States of Jersey police entering the Senator's home in April
POLICE in the UK would not have had the power to search Senator Stuart Syvret’s home without a warrant, the JEP has discovered.
On 6 April, the States force entered and searched the Senator’s Grouville home under the terms of the Police Procedures and Criminal Evidence Law.
Article 29(2b) of the law gave them the power to do so without a warrant. It states that a police officer has the authority ‘to enter and search any premises in which he [the suspect] was when arrested or immediately before he was arrested for evidence relating to the offence for which he has been arrested.’
The Island’s PPCE law is based very closely on the UK’s Police and Criminal Evidence Act. However, UK police can only enter and search a property in the way outlined in 29(2b) if the offence is ‘indictable’.
The UK Home Office confirmed that the UK law was qualified, but said that police in England and Wales were seeking the same powers as those enjoyed by Island officers.
Article posted on 21st May, 2009 - 2.57pm
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