Part V Counter-terrorist Powers
Suspected terrorists
40 Terrorist: interpretation.
1
In this Part “terrorist” means a person who—
a
has committed an offence under any of sections 11, 12, 15 to 18, 54 and 56 to 63, or
b
is or has been concerned in the commission, preparation or instigation of acts of terrorism.
2
The reference in subsection (1)(b) to a person who has been concerned in the commission, preparation or instigation of acts of terrorism includes a reference to a person who has been, whether before or after the passing of this Act, concerned in the commission, preparation or instigation of acts of terrorism within the meaning given by section 1.
41 Arrest without warrant.
1
A constable may arrest without a warrant a person whom he reasonably suspects to be a terrorist.
2
Where a person is arrested under this section the provisions of Schedule 8 (detention: treatment, review and extension) shall apply.
3
Subject to subsections (4) to (7), a person detained under this section shall (unless detained under any other power) be released not later than the end of the period of 48 hours beginning—
a
with the time of his arrest under this section, or
b
if he was being detained under Schedule 7 when he was arrested under this section, with the time when his examination under that Schedule began.
4
If on a review of a person’s detention under Part II of Schedule 8 the review officer does not authorise continued detention, the person shall (unless detained in accordance with subsection (5) or (6) or under any other power) be released.
5
Where a police officer intends to make an application for a warrant under paragraph 29 of Schedule 8 extending a person’s detention, the person may be detained pending the making of the application.
6
Where an application has been made under paragraph 29 or 36 of Schedule 8 in respect of a person’s detention, he may be detained pending the conclusion of proceedings on the application.
7
Where an application under paragraph 29 or 36 of Schedule 8 is granted in respect of a person’s detention, he may be detained, subject to paragraph 37 of that Schedule, during the period specified in the warrant.
8
The refusal of an application in respect of a person’s detention under paragraph 29 or 36 of Schedule 8 shall not prevent his continued detention in accordance with this section.
9
A person who has the powers of a constable in one Part of the United Kingdom may exercise the power under subsection (1) in any Part of the United Kingdom.
42 Search of premises.
1
A justice of the peace may on the application of a constable issue a warrant in relation to specified premises if he is satisfied that there are reasonable grounds for suspecting that a person whom the constable reasonably suspects to be a person falling within section 40(1)(b) is to be found there.
2
A warrant under this section shall authorise any constable to enter and search the specified premises for the purpose of arresting the person referred to in subsection (1) under section 41.
3
In the application of subsection (1) to Scotland—
a
“justice of the peace” includes the sheriff, and
b
the justice of the peace or sheriff can be satisfied as mentioned in that subsection only by having heard evidence on oath.
43 Search of persons.
1
A constable may stop and search a person whom he reasonably suspects to be a terrorist to discover whether he has in his possession anything which may constitute evidence that he is a terrorist.
2
A constable may search a person arrested under section 41 to discover whether he has in his possession anything which may constitute evidence that he is a terrorist.
3
A search of a person under this section must be carried out by someone of the same sex.
C14
A constable may seize and retain anything which he discovers in the course of a search of a person under subsection (1) or (2) and which he reasonably suspects may constitute evidence that the person is a terrorist.
5
A person who has the powers of a constable in one Part of the United Kingdom may exercise a power under this section in any Part of the United Kingdom.
Power to stop and search
C2C1344 Authorisations.
1
An authorisation under this subsection authorises any constable in uniform to stop a vehicle in an area or at a place specified in the authorisation and to search—
b
the driver of the vehicle;
c
a passenger in the vehicle;
2
An authorisation under this subsection authorises any constable in uniform to stop a pedestrian in an area or at a place specified in the authorisation and to search—
a
the pedestrian;
3
An authorisation under subsection (1) or (2) may be given only if the person giving it considers it expedient for the prevention of acts of terrorism.
4
An authorisation may be given—
a
where the specified area or place is the whole or part of a police area outside Northern Ireland other than one mentioned in paragraph (b) or (c), by a police officer for the area who is of at least the rank of assistant chief constable;
b
where the specified area or place is the whole or part of the metropolitan police district, by a police officer for the district who is of at least the rank of commander of the metropolitan police;
c
where the specified area or place is the whole or part of the City of London, by a police officer for the City who is of at least the rank of commander in the City of London police force;
d
where the specified area or place is the whole or part of Northern Ireland, by a member of the Royal Ulster Constabulary who is of at least the rank of assistant chief constable.
F14ZA
The power of a person mentioned in subsection (4) to give an authorisation specifying an area or place so mentioned includes power to give such an authorisation specifying such an area or place together with—
a
the internal waters adjacent to that area or place; or
b
such area of those internal waters as is specified in the authorisation.
F2F34A
In a case (within subsection (4)(a), (b) or (c) in which the specified area or place is in a place described in section 34(1A), an authorisation may also be given by a member of the British Transport Police Force who is of at least the rank of assistant chief constable.
4B
In a case in which the specified area or place is a place to which section 2(2) of the Ministry of Defence Police Act 1987 applies, an authorisation may also be given by a member of the Ministry of Defence Police who is of at least the rank of assistant chief constable.
F44BA
In a case in which the specified area or place is a place in which members of the Civil Nuclear Constabulary have the powers and privileges of a constable, an authorisation may also be given by a member of that Constabulary who is of at least the rank of assistant chief constable.
4C
But an authorisation may not be given by—
a
a member of the British Transport Police Force, F5 . . .
b
a member of the Ministry of Defence Police,F6 or
c
a member of the Civil Nuclear Constabulary,
in any other case.
5
If an authorisation is given orally, the person giving it shall confirm it in writing as soon as is reasonably practicable.
F75A
In this section—
“ driver ”, in relation to an aircraft, hovercraft or vessel, means the captain, pilot or other person with control of the aircraft, hovercraft or vessel or any member of its crew and, in relation to a train, includes any member of its crew;
“ internal waters ” means waters in the United Kingdom that are not comprised in any police area.
C1345 Exercise of power.
C8C91
The power conferred by an authorisation under section 44(1) or (2)—
a
may be exercised only for the purpose of searching for articles of a kind which could be used in connection with terrorism, and
b
may be exercised whether or not the constable has grounds for suspecting the presence of articles of that kind.
C10C112
A constable may seize and retain an article which he discovers in the course of a search by virtue of section 44(1) or (2) and which he reasonably suspects is intended to be used in connection with terrorism.
3
A constable exercising the power conferred by an authorisation may not require a person to remove any clothing in public except for headgear, footwear, an outer coat, a jacket or gloves.
C8C124
Where a constable proposes to search a person or vehicle by virtue of section 44(1) or (2) he may detain the person or vehicle for such time as is reasonably required to permit the search to be carried out at or near the place where the person or vehicle is stopped.
5
Where—
a
a vehicle or pedestrian is stopped by virtue of section 44(1) or (2), and
b
the driver of the vehicle or the pedestrian applies for a written statement that the vehicle was stopped, or that he was stopped, by virtue of section 44(1) or (2),
the written statement shall be provided.
6
An application under subsection (5) must be made within the period of 12 months beginning with the date on which the vehicle or pedestrian was stopped.
F87
In this section “ driver ” has the same meaning as in section 44.
C1346 Duration of authorisation.
1
An authorisation under section 44 has effect, subject to subsections (2) to (7), during the period—
a
beginning at the time when the authorisation is given, and
b
ending with a date or at a time specified in the authorisation.
2
The date or time specified under subsection (1)(b) must not occur after the end of the period of 28 days beginning with the day on which the authorisation is given.
F92A
An authorisation under section 44(4BA) does not have effect except in relation to times when the specified area or place is a place where members of the Civil Nuclear Constabulary have the powers and privileges of a constable.
3
The person who gives an authorisation shall inform the Secretary of State as soon as is reasonably practicable.
4
If an authorisation is not confirmed by the Secretary of State before the end of the period of 48 hours beginning with the time when it is given—
a
it shall cease to have effect at the end of that period, but
b
its ceasing to have effect shall not affect the lawfulness of anything done in reliance on it before the end of that period.
5
Where the Secretary of State confirms an authorisation he may substitute an earlier date or time for the date or time specified under subsection (1)(b).
6
The Secretary of State may cancel an authorisation with effect from a specified time.
7
An authorisation may be renewed in writing by the person who gave it or by a person who could have given it; and subsections (1) to (6) shall apply as if a new authorisation were given on each occasion on which the authorisation is renewed.
C1347 Offences.
1
A person commits an offence if he—
a
fails to stop a vehicle when required to do so by a constable in the exercise of the power conferred by an authorisation under section 44(1);
b
fails to stop when required to do so by a constable in the exercise of the power conferred by an authorisation under section 44(2);
c
wilfully obstructs a constable in the exercise of the power conferred by an authorisation under section 44(1) or (2).
2
A person guilty of an offence under this section shall be liable on summary conviction to—
a
imprisonment for a term not exceeding six months,
b
a fine not exceeding level 5 on the standard scale, or
c
both.
F10Code of practice relating to sections 43, 43A and 47A
47AACode of practice relating to sections 43, 43A and 47A
1
The Secretary of State must prepare a code of practice containing guidance about—
a
the exercise of the powers conferred by sections 43 and 43A,
b
the exercise of the powers to give an authorisation under section 47A(2) or (3),
c
the exercise of the powers conferred by such an authorisation and section 47A(6), and
d
such other matters in connection with the exercise of any of the powers mentioned in paragraphs (a) to (c) as the Secretary of State considers appropriate.
2
Such a code may make different provision for different purposes.
3
In the course of preparing such a code, the Secretary of State must consult the Lord Advocate and such other persons as the Secretary of State considers appropriate.
47ABIssuing of code
1
The Secretary of State must lay before Parliament—
a
a code of practice prepared under section 47AA, and
b
a draft of an order providing for the code to come into force.
2
The Secretary of State must make the order and issue the code if the draft of the order is approved by a resolution of each House of Parliament.
3
The Secretary of State must not make the order or issue the code unless the draft of the order is so approved.
4
The Secretary of State must prepare another code of practice under section 47AA if—
a
the draft of the order is not so approved, and
b
the Secretary of State considers that there is no realistic prospect that it will be so approved.
5
A code comes into force in accordance with an order under this section.
47ACAlteration or replacement of code
1
The Secretary of State—
a
must keep the search powers code under review, and
b
may prepare an alteration to the code or a replacement code.
2
Before preparing an alteration or a replacement code, the Secretary of State must consult the Lord Advocate and such other persons as the Secretary of State considers appropriate.
3
Section 47AB (other than subsection (4)) applies to an alteration or a replacement code prepared under this section as it applies to a code prepared under section 47AA.
4
In this section “the search powers code” means the code of practice issued under section 47AB (2) (as altered or replaced from time to time).
47ADPublication of code
1
The Secretary of State must publish the code (and any replacement code) issued under section 47AB (2).
2
The Secretary of State must publish—
a
any alteration issued under section 47AB (2), or
b
the code or replacement code as altered by it.
47AEEffect of code
1
A constable must have regard to the search powers code when exercising any powers to which the code relates.
2
A failure on the part of a constable to act in accordance with any provision of the search powers code does not of itself make that person liable to criminal or civil proceedings.
3
The search powers code is admissible in evidence in any such proceedings.
4
A court or tribunal may, in particular, take into account a failure by a constable to have regard to the search powers code in determining a question in any such proceedings.
5
The references in this section to a constable include, in relation to any functions exercisable by a person by virtue of paragraph 15 of Schedule 4 to the Police Reform Act 2002 or paragraph 16 of Schedule 2A to the Police (Northern Ireland) Act 2003 (search powers in specified areas or places for community support officers), references to that person.
6
In this section “the search powers code” means the code of practice issued under section 47AB (2) (as altered or replaced from time to time).
Parking
48 Authorisations.
1
An authorisation under this section authorises any constable in uniform to prohibit or restrict the parking of vehicles on a road specified in the authorisation.
2
An authorisation may be given only if the person giving it considers it expedient for the prevention of acts of terrorism.
3
An authorisation may be given—
a
where the road specified is outside Northern Ireland and is wholly or partly within a police area other than one mentioned in paragraphs (b) or (c), by a police officer for the area who is of at least the rank of assistant chief constable;
b
where the road specified is wholly or partly in the metropolitan police district, by a police officer for the district who is of at least the rank of commander of the metropolitan police;
c
where the road specified is wholly or partly in the City of London, by a police officer for the City who is of at least the rank of commander in the City of London police force;
d
where the road specified is in Northern Ireland, by a member of the Royal Ulster Constabulary who is of at least the rank of assistant chief constable.
4
If an authorisation is given orally, the person giving it shall confirm it in writing as soon as is reasonably practicable.
49 Exercise of power.
1
The power conferred by an authorisation under section 48 shall be exercised by placing a traffic sign on the road concerned.
2
A constable exercising the power conferred by an authorisation under section 48 may suspend a parking place.
3
Where a parking place is suspended under subsection (2), the suspension shall be treated as a restriction imposed by virtue of section 48—
a
for the purposes of section 99 of the M1Road Traffic Regulation Act 1984 (removal of vehicles illegally parked, &c.) and of any regulations in force under that section, and
b
for the purposes of Articles 47 and 48 of the M2Road Traffic Regulation (Northern Ireland) Order 1997 (in relation to Northern Ireland).
50 Duration of authorisation.
1
An authorisation under section 48 has effect, subject to subsections (2) and (3), during the period specified in the authorisation.
2
The period specified shall not exceed 28 days.
3
An authorisation may be renewed in writing by the person who gave it or by a person who could have given it; and subsections (1) and (2) shall apply as if a new authorisation were given on each occasion on which the authorisation is renewed.
51 Offences.
1
A person commits an offence if he parks a vehicle in contravention of a prohibition or restriction imposed by virtue of section 48.
2
A person commits an offence if—
a
he is the driver or other person in charge of a vehicle which has been permitted to remain at rest in contravention of any prohibition or restriction imposed by virtue of section 48, and
b
he fails to move the vehicle when ordered to do so by a constable in uniform.
3
It is a defence for a person charged with an offence under this section to prove that he had a reasonable excuse for the act or omission in question.
4
Possession of a current disabled person’s badge shall not itself constitute a reasonable excuse for the purposes of subsection (3).
5
A person guilty of an offence under subsection (1) shall be liable on summary conviction to a fine not exceeding level 4 on the standard scale.
6
A person guilty of an offence under subsection (2) shall be liable on summary conviction to—
a
imprisonment for a term not exceeding three months,
b
a fine not exceeding level 4 on the standard scale, or
c
both.
52 Interpretation.
In sections 48 to 51—
“disabled person’s badge” means a badge issued, or having effect as if issued, under any regulations for the time being in force under section 21 of the M3Chronically Sick and Disabled Persons Act 1970 (in relation to England and Wales and Scotland) or section 14 of the M4Chronically Sick and Disabled Persons (Northern Ireland) Act 1978 (in relation to Northern Ireland);
“driver” means, in relation to a vehicle which has been left on any road, the person who was driving it when it was left there;
“parking” means leaving a vehicle or permitting it to remain at rest;
“traffic sign” has the meaning given in section 142(1) of the M5Road Traffic Regulation Act 1984 (in relation to England and Wales and Scotland) and in Article 28 of the M6Road Traffic Regulation (Northern Ireland) Order 1997 (in relation to Northern Ireland);
“vehicle” has the same meaning as in section 99(5) of the M7Road Traffic Regulation Act 1984 (in relation to England and Wales and Scotland) and Article 47(4) of the M8Road Traffic Regulation (Northern Ireland) Order 1997 (in relation to Northern Ireland).
Port and border controls
53 Port and border controls.
1
Schedule 7 (port and border controls) shall have effect.
2
The Secretary of State may by order repeal paragraph 16 of Schedule 7.
3
The powers conferred by Schedule 7 shall be exercisable notwithstanding the rights conferred by section 1 of the M9Immigration Act 1971 (general principles regulating entry into and staying in the United Kingdom).
Ss. 47AA-47AE and cross-heading inserted (9.5.2012) by Protection of Freedoms Act 2012 (c. 9), ss. 62, 120 (with s. 97); S.I. 2012/1205, art. 2