SCHEDULES

SCHEDULE 1Seizure of passports etc from persons suspected of involvement in terrorism

2Powers of search and seizure etc

1

This paragraph applies in the case of a person at a port in Great Britain if a constable has reasonable grounds to suspect that the person—

a

is there with the intention of leaving Great Britain for the purpose of involvement in terrorism-related activity outside the United Kingdom, or

b

has arrived in Great Britain with the intention of leaving it soon for that purpose.

2

This paragraph applies in the case of a person at a port in Northern Ireland, or in the border area, if a constable has reasonable grounds to suspect that the person—

a

is there with the intention of leaving the United Kingdom for the purpose of involvement in terrorism-related activity outside the United Kingdom, or

b

has arrived in Northern Ireland with the intention of leaving the United Kingdom soon for that purpose.

3

The constable may—

a

exercise any of the powers in sub-paragraph (5) in the case of the person, or

b

direct a qualified officer to do so.

4

A qualified officer must (if able to do so) comply with any direction given by a constable under sub-paragraph (3)(b).

5

The powers are—

a

to require the person to hand over all travel documents in his or her possession to the constable or (as the case may be) the qualified officer;

b

to search for travel documents relating to the person and to take possession of any that the constable or officer finds;

c

to inspect any travel document relating to the person;

d

to retain any travel document relating to the person that is lawfully in the possession of the constable or officer.

6

The power in sub-paragraph (5)(b) is a power to search—

a

the person;

b

anything that the person has with him or her;

c

any vehicle in which the officer believes the person to have been travelling or to be about to travel.

7

A constable or qualified officer—

a

may stop a person or vehicle for the purpose of exercising a power in sub-paragraph (5)(a) or (b);

b

may if necessary use reasonable force for the purpose of exercising a power in sub-paragraph (5)(a) or (b);

c

may authorise a person to carry out on the constable’s or officer’s behalf a search under sub-paragraph (5)(b).

8

A constable or qualified officer exercising a power in sub-paragraph (5)(a) or (b) must tell the person that—

a

the person is suspected of intending to leave Great Britain or (as the case may be) the United Kingdom for the purpose of involvement in terrorism-related activity outside the United Kingdom, and

b

the constable or officer is therefore entitled under this Schedule to exercise the power.

9

Where a travel document relating to the person is in the possession of an immigration officer or customs official (whether a qualified officer or not), the constable may direct the officer or official—

a

to pass the document to a constable as soon as practicable, and

b

in the meantime to retain it.

The officer or official must comply with any such direction.