New Police Powers Under the Crime and Policing Bill 2025: A Closer Look at Search Warrants and Device Tracking
The Crime and Policing Bill 2025 introduces significant changes to police powers in England and Wales, particularly concerning search warrants and the use of tracking technology to recover stolen property. The bill aims to enhance law enforcement’s ability to respond faster to theft, and crimes of similar nature, to reflect the evolving landscape of digital technology and its role in modern policing.
Warrantless Searches for Electronically Tracked Stolen Goods
A key provision of the bill allows police officers to enter and search premises without a warrant issued by the court, if they have reasonable grounds to believe that stolen items, which have been electronically located, are on the premises. This measure is designed to expedite the recovery of stolen property, such as mobile phones or vehicles, by enabling immediate action when tracking data indicates a specific location.
Previously, police officers were required to obtain a warrant under the Police and Criminal Evidence Act 1984 (PACE) or the Theft Act 1968. A process that could delay investigations and reduce the likelihood of recovering stolen items. Under the new Crime and Policing Bill 2025, if it is not reasonably practicable to obtain a warrant without prejudicing the investigation; an officer of at least the rank of Inspector can authorise entry and search based on electronic tracking information.
The electronic tracking methods covered by this provision include GPS, Wi-Fi access points, Bluetooth and mobile network data. The bill ensures that the scope is sufficiently broad to encompass future technological developments in tracking.
Safeguards and Oversight
Recognising the serious nature of entering private premises without a warrant, the bill incorporates several safeguards to balance effective policing with individual rights.
The authorisation for warrantless entry must:
- Come from a senior officer (Inspector or above);
- Who has reasonable grounds to believe that the property has been electronically tracked to the premises and is indeed stolen; and
- The action must be necessary to prevent the loss or destruction of evidence.
The use of these powers will be subject to existing safeguards and guidance under PACE 1984, which governs police powers of entry, search, and seizure. The Code will be amended to include guidance on the exercise of the new powers, ensuring that officers act proportionately and respect the rights of individuals.
Implications for Law Enforcement and Victims
The introduction of the new powers aims to address the frustrations expressed by victims who, despite providing real-time location data of their stolen items, previously faced delays due to procedural requirements. By enabling immediate action, the legislation seeks to improve victim satisfaction and deter theft by increasing the risks for perpetrators.
Home Secretary Yvette Cooper emphasised the importance of these measures in general street crime and tackling rising street thefts by ensuring that the police can act quickly when victims provide information. The government believes that these changes will enhance public safety and confidence in the criminal justice system.
Conclusion
The Crime and Policing Bill 2025 marks a significant step in adapting policing powers to the realities of modern technology. By allowing warrantless searches for electronically tracked stolen goods, the legislation aims to improve the efficiency and responsiveness of law enforcement. While the new powers are designed to expedite investigations and enhance public safety, they are accompanied by safeguards to ensure that individual rights are respected.
As the bill progresses through Parliament, ongoing scrutiny and debate will be essential to balance effective policing with the rights of individuals.
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