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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70304
Experience:  Over 5 years in practice
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Does the a273b authorising a section 18 search have to be

Customer Question

Does the a273b authorising a section 18 search have to be filled in and signed before a search takes place
Submitted: 10 months ago.
Category: Law
Expert:  Jo C. replied 10 months ago.

Can you explain your situation a little more?

Customer: replied 10 months ago.
My home address was searched after my son was arrested -when I asked for warrant they said they didn't need one and they said they had authorisation under sect 18 search and said I could have a copy of the a273b but when they gave it me it was completely blank - did this need to be filled in before they carried out search ?? By not having correct paperwork does it make the search unlawful
Expert:  Jo C. replied 10 months ago.

They should have filled out the paperwork but that doesn't render the search unlawful. It certainly doesn't mean anything they found cannot be used evidentially.

The power lies in S18 PACE. The paperwork is just a record for the police and those searched. FAiling to complete the admin doesn't render the exercise of the power unlawful.

I'm very sorry if that is bad news.

Can I clarify anything for you?

Jo

Customer: replied 10 months ago.
I have made a complaint to the police force and they carried out a local resolution & their outcome was that the sergeant in charge was in breach of pace code B section 8.1- would I be able to claim compensation?
Expert:  Jo C. replied 10 months ago.

The resolution could not have been that he was in breach as that is just plain wrong. He is not. S18 says nothing at all about this form.

Customer: replied 10 months ago.
The letter states that when the investigating officer looked for paperwork regarding my situation which should have been forwarded to their local intelligence office as a record it appeared it had been lost as there was no record of it whatsoever if this makes any sense of the overall situation
Expert:  Jo C. replied 10 months ago.

Ok. Good luck.