Making an arrest in order to activate PACE entry and search powers: The Law Commission and a missed opportunity for clarification.

Keywords: Arrest; necessity; consequential entry and search powers; law commission; uncertain legal position EN Arrest necessity consequential entry and search powers law commission uncertain legal position 394 402 9 09/28/21 20211001 NES 211001 Introduction In October 2020, the Law Commission published a voluminous report marking the culmination of its project on search warrants.[3] As might be expected, the report contains many recommendations. In removing what it termed the "gateway of seriousness" in the context of the polices' statutory power of arrest, and substituting instead the requirement that an arrest must be necessary for the power to be exercisable,[15] the Home Office[16] made two additions to what had been the "general arrest" conditions. He did note, however, that if the desire to activate the s 18 search power could be the sole reason for an arrest under s 24(5)(e), it would mean that the police were able to bypass the safeguards relating to the issue and execution of a search warrant provided for in Part II of PACE. [Extracted from the article]

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