Crime & Policing Act 2026: account extraction, not in force

Once in force, section 173 of the Crime and Policing Act 2026 (Part 11) will allow a senior officer to authorise an enforcement officer to extract information accessible by means of online accounts accessed by means of a lawfully seized device before it was seized. Section 255(1) provides that, “Subject as follows”, the Act comes into force “on such day as the Secretary of State may by regulations appoint”.

Regulation 2(1)(t) of S.I. 2026/689 (the Crime and Policing Act 2026 (Commencement No.1 and Saving Provision) Regulations 2026) says that, subject to paragraph (2), sections 176(7) and 177 come into force on 29th June 2026; it describes them as concerning confidential information and a code of practice. legislation.gov.uk still marked section 173, and sections 174, 175 and 178 to 180, as prospective when checked on 2026-10-01, so the power to authorise an extraction is not yet in force.

Once in force, where an electronic device has been lawfully seized, a senior officer will be able to authorise an enforcement officer to extract information accessible by means of one or more online accounts which were accessed by means of the device before it was seized. Once in force, s.173(2) will allow a senior officer to give an authorisation under subsection (1) only if satisfied that there are reasonable grounds to believe that the information mentioned in subsection (1) includes information that is relevant to a reasonable line of enquiry which is being, or is to be pursued, by an enforcement officer for one or more relevant purposes, and that it is not reasonably practicable to obtain that information by other means.

Once in force, s.174(4) will provide that any information which has been extracted under an authorisation under section 173 “may be retained for so long as is necessary in all the circumstances”, but that this is subject to section 176. PACE s.22(1), which is subject to its own subsection (4), reads “may be retained so long as is necessary in all the circumstances”. Section 120(1) of PACE says that, subject to the following provisions of that section, the 1984 Act extends to England and Wales only.

Once in force, s.178 will insert a paragraph into Schedule 7 to the Terrorism Act 2000 (port and border controls) that will apply where an electronic device is detained under paragraph 11 after having been searched or found on a search under paragraph 8, or examined under paragraph 9: a relevant senior officer will be able to authorise a constable to extract information accessible by means of one or more online accounts which were accessed by means of the device before the search or examination began; the power will be exercisable only to extract information which was accessible by means of the online accounts at the time the search or examination began, and the powers under the paragraph will be exercisable only for so long as the electronic device continues to be detained under paragraph 11. Section 177(1)(a), in force since 29 June 2026 (S.I. 2026/689, reg. 2(1)(t)), says the Secretary of State must prepare a code of practice about the exercise of the power to give an authorisation under section 173; section 173 itself is not yet in force.