A constable may enter and search any premises to arrest a person for offences under which sections of the RTA 1988?

• A. S4 RTA 1988 or S163 RTA 1988
• B. S4 RTA 1988 only
• C. S7 RTA 1988
• D. PACE 1984

Answer: (A)

The main point here is that some road traffic offences are treated as arrestable, meaning a constable can arrest without a warrant and may enter premises to effect that arrest. Under the Road Traffic Act 1988, offences under sections 4 and 163 are designated as arrestable. Because these offences authorize an arrest without a warrant, the police have the power to enter and search premises if needed to locate and arrest the suspect. In practice, this is why the best answer includes both sections: they are the RTA provisions that create arrestable offences with accompanying entry/search powers for arrest. Section 4 covers driving or attempting to drive while unfit through drink or drugs, and Section 163 covers the requirement to provide a breath (or other) sample and related refusals; both are serious enough to justify arrest without prior notification and provide the basis for entering premises to complete that arrest.