"An Act to make provision about terrorism; and to make temporary provision for Northern Ireland about the prosecution and punishment of certain offences, the preservation of peace and the maintenance of order. [20th July 2000]"
Section 13
Uniform
(1)A person in a public place commits an offence if he—.
(a)wears an item of clothing, or.
(b)wears, carries or displays an article, in such a way or in such circumstances as to arouse reasonable suspicion that he is a member or supporter of a proscribed organisation.
(2)A constable in Scotland may arrest a person without a warrant if he has reasonable grounds to suspect that the person is guilty of an offence under this section..
(3)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.
Arrest without warrant
Section 41
(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.
Search of persons
Section 43
(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..
(4)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
Section 44 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—.
(a)the vehicle;.
(b)the driver of the vehicle;.
(c)a passenger in the vehicle;.
(d)anything in or on the vehicle or carried by the driver or a passenger..
(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;.
(b)anything carried by him..
(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..
(5)If an authorisation is given orally, the person giving it shall confirm it in writing as soon as is reasonably practicable..
Exercise of power
Section 45
(1)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..
(2)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..
(4)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.
SCHEDULE 8, Section 41
Rights: England, Wales and Northern Ireland
Section 6
(1)Subject to paragraph 8, a person detained under Schedule 7 or section 41 at a police station in England, Wales or Northern Ireland shall be entitled, if he so requests, to have one named person informed as soon as is reasonably practicable that he is being detained there..
(2)The person named must be—.
(a)a friend of the detained person,.
(b)a relative, or.
(c)a person who is known to the detained person or who is likely to take an interest in his welfare..
(3)Where a detained person is transferred from one police station to another, he shall be entitled to exercise the right under this paragraph in respect of the police station to which he is transferred..
Section 7
(1)Subject to paragraphs 8 and 9, a person detained under Schedule 7 or section 41 at a police station in England, Wales or Northern Ireland shall be entitled, if he so requests, to consult a solicitor as soon as is reasonably practicable, privately and at any time..
(2)Where a request is made under sub-paragraph (1), the request and the time at which it was made shall be recorded..
Section 8
(1)Subject to sub-paragraph (2), an officer of at least the rank of superintendent may authorise a delay—.
(a)in informing the person named by a detained person under paragraph 6;.
(b)in permitting a detained person to consult a solicitor under paragraph 7..
(2)But where a person is detained under section 41 he must be permitted to exercise his rights under paragraphs 6 and 7 before the end of the period mentioned in subsection (3) of that section..
(3)Subject to sub-paragraph (5), an officer may give an authorisation under sub-paragraph (1) only if he has reasonable grounds for believing—.
(a)in the case of an authorisation under sub-paragraph (1)(a), that informing the named person of the detained person’s detention will have any of the consequences specified in sub-paragraph (4), or.
(b)in the case of an authorisation under sub-paragraph (1)(b), that the exercise of the right under paragraph 7 at the time when the detained person desires to exercise it will have any of the consequences specified in sub-paragraph (4)..
(4)Those consequences are—.
(a)interference with or harm to evidence of a serious arrestable offence,.
(b)interference with or physical injury to any person,.
(c)the alerting of persons who are suspected of having committed a serious arrestable offence but who have not been arrested for it,.
(d)the hindering of the recovery of property obtained as a result of a serious arrestable offence or in respect of which a forfeiture order could be made under section 23,.
(e)interference with the gathering of information about the commission, preparation or instigation of acts of terrorism,.
(f)the alerting of a person and thereby making it more difficult to prevent an act of terrorism, and.
(g)the alerting of a person and thereby making it more difficult to secure a person’s apprehension, prosecution or conviction in connection with the commission, preparation or instigation of an act of terrorism..
(5)An officer may also give an authorisation under sub-paragraph (1) if he has reasonable grounds for believing that—.
(a)the detained person has committed an offence to which Part VI of the [1988 c. 33.] Criminal Justice Act 1988, Part I of the [1995 c. 43.] Proceeds of Crime (Scotland) Act 1995, or the [S.I. 1996/1299 (N.I. 9).] Proceeds of Crime (Northern Ireland) Order 1996 (confiscation of the proceeds of an offence) applies,.
(b)the detained person has benefited from the offence within the meaning of that Part or Order, and.
(c)by informing the named person of the detained person’s detention (in the case of an authorisation under sub-paragraph (1)(a)), or by the exercise of the right under paragraph 7 (in the case of an authorisation under sub-paragraph (1)(b)), the recovery of the value of that benefit will be hindered..
(6)If an authorisation under sub-paragraph (1) is given orally, the person giving it shall confirm it in writing as soon as is reasonably practicable..
(7)Where an authorisation under sub-paragraph (1) is given—.
(a)the detained person shall be told the reason for the delay as soon as is reasonably practicable, and.
(b)the reason shall be recorded as soon as is reasonably practicable..
(8)Where the reason for authorising delay ceases to subsist there may be no further delay in permitting the exercise of the right in the absence of a further authorisation under sub-paragraph (1)..
(9)In this paragraph “serious arrestable offence” has the meaning given by section 116 of the [1984 c. 60.] Police and Criminal Evidence Act 1984 (in relation to England and Wales) and by Article 87 of the [S.I. 1989/1341 (N.I.12).] Police and Criminal Evidence (Northern Ireland) Order 1989 (in relation to Northern Ireland); but it also includes—.
(a)an offence under any of the provisions mentioned in section 40(1)(a) of this Act, and.
(b)an attempt or conspiracy to commit an offence under any of the provisions mentioned in section 40(1)(a)..
Section 9
(1)A direction under this paragraph may provide that a detained person who wishes to exercise the right under paragraph 7 may consult a solicitor only in the sight and hearing of a qualified officer..
(2)A direction under this paragraph may be given—.
(a)where the person is detained at a police station in England or Wales, by an officer of at least the rank of Commander or Assistant Chief Constable, or.
(b)where the person is detained at a police station in Northern Ireland, by an officer of at least the rank of Assistant Chief Constable..
(3)A direction under this paragraph may be given only if the officer giving it has reasonable grounds for believing that, unless the direction is given, the exercise of the right by the detained person will have any of the consequences specified in paragraph 8(4) or the consequence specified in paragraph 8(5)(c)..
(4)In this paragraph “a qualified officer” means a police officer who—.
(a)is of at least the rank of inspector,.
(b)is of the uniformed branch of the force of which the officer giving the direction is a member, and.
(c)in the opinion of the officer giving the direction, has no connection with the detained person’s case..
(5)A direction under this paragraph shall cease to have effect once the reason for giving it ceases to subsist..
Section 10
(1)This paragraph applies where a person is detained in England, Wales or Northern Ireland under Schedule 7 or section 41..
(2)Fingerprints may be taken from the detained person only if they are taken by a constable—.
(a)with the appropriate consent given in writing, or.
(b)without that consent under sub-paragraph (4)..
(3)A non-intimate sample may be taken from the detained person only if it is taken by a constable—.
(a)with the appropriate consent given in writing, or.
(b)without that consent under sub-paragraph (4)..
(4)Fingerprints or a non-intimate sample may be taken from the detained person without the appropriate consent only if—.
(a)he is detained at a police station and a police officer of at least the rank of superintendent authorises the fingerprints or sample to be taken, or.
(b)he has been convicted of a recordable offence and, where a non-intimate sample is to be taken, he was convicted of the offence on or after 10th April 1995 (or 29th July 1996 where the non-intimate sample is to be taken in Northern Ireland)..
(5)An intimate sample may be taken from the detained person only if—.
(a)he is detained at a police station,.
(b)the appropriate consent is given in writing,.
(c)a police officer of at least the rank of superintendent authorises the sample to be taken, and.
(d)subject to paragraph 13(2) and (3), the sample is taken by a constable..
(6)An officer may give an authorisation under sub-paragraph (4)(a) or (5)(c) only if—.
(a)in the case of a person detained under section 41, the officer reasonably suspects that the person has been involved in an offence under any of the provisions mentioned in section 40(1)(a), and the officer reasonably believes that the fingerprints or sample will tend to confirm or disprove his involvement, or.
(b)in any case, the officer is satisfied that the taking of the fingerprints or sample from the person is necessary in order to assist in determining whether he falls within section 40(1)(b)..
(7)If an authorisation under sub-paragraph (4)(a) or (5)(c) is given orally, the person giving it shall confirm it in writing as soon as is reasonably practicable..
Section 11
(1)Before fingerprints or a sample are taken from a person under paragraph 10, he shall be informed—.
(a)that the fingerprints or sample may be used for the purposes of paragraph 14(4), section 63A(1) of the [1984 c. 60.] Police and Criminal Evidence Act 1984 and Article 63A(1) of the [S.I. 1989/1341 (N.I. 12).] Police and Criminal Evidence (Northern Ireland) Order 1989 (checking of fingerprints and samples), and.
(b)where the fingerprints or sample are to be taken under paragraph 10(2)(a), (3)(a) or (4)(b), of the reason for taking the fingerprints or sample..
(2)Before fingerprints or a sample are taken from a person upon an authorisation given under paragraph 10(4)(a) or (5)(c), he shall be informed—.
(a)that the authorisation has been given,.
(b)of the grounds upon which it has been given, and.
(c)where relevant, of the nature of the offence in which it is suspected that he has been involved..
(3)After fingerprints or a sample are taken under paragraph 10, there shall be recorded as soon as is reasonably practicable any of the following which apply—.
(a)the fact that the person has been informed in accordance with sub-paragraphs (1) and (2),.
(b)the reason referred to in sub-paragraph (1)(b),.
(c)the authorisation given under paragraph 10(4)(a) or (5)(c),.
(d)the grounds upon which that authorisation has been given, and.
(e)the fact that the appropriate consent has been given..
Section 12
(1)This paragraph applies where—.
(a)two or more non-intimate samples suitable for the same means of analysis have been taken from a person under paragraph 10,.
(b)those samples have proved insufficient, and.
(c)the person has been released from detention..
(2)An intimate sample may be taken from the person if—.
(a)the appropriate consent is given in writing,.
(b)a police officer of at least the rank of superintendent authorises the sample to be taken, and.
(c)subject to paragraph 13(2) and (3), the sample is taken by a constable..
(3)Paragraphs 10(6) and (7) and 11 shall apply in relation to the taking of an intimate sample under this paragraph; and a reference to a person detained under section 41 shall be taken as a reference to a person who was detained under section 41 when the non-intimate samples mentioned in sub-paragraph (1)(a) were taken..
Section 13
(1)Where appropriate written consent to the taking of an intimate sample from a person under paragraph 10 or 12 is refused without good cause, in any proceedings against that person for an offence—.
(a)the court, in determining whether to commit him for trial or whether there is a case to answer, may draw such inferences from the refusal as appear proper, and.
(b)the court or jury, in determining whether that person is guilty of the offence charged, may draw such inferences from the refusal as appear proper..
(2)An intimate sample other than a sample of urine or a dental impression may be taken under paragraph 10 or 12 only by a registered medical practitioner acting on the authority of a constable..
(3)An intimate sample which is a dental impression may be taken under paragraph 10 or 12 only by a registered dentist acting on the authority of a constable..
(4)Where a sample of hair other than pubic hair is to be taken under paragraph 10 the sample may be taken either by cutting hairs or by plucking hairs with their roots so long as no more are plucked than the person taking the sample reasonably considers to be necessary for a sufficient sample..
Section 14
(1)This paragraph applies to—.
(a)fingerprints or samples taken under paragraph 10 or 12, and.
(b)information derived from those samples..
(2)The fingerprints, samples or information may be used only for the purpose of a terrorist investigation..
(3)In particular, a check may not be made against them under—.
(a)section 63A(1) of the [1984 c. 60.] Police and Criminal Evidence Act 1984 (checking of fingerprints and samples), or.
(b)Article 63A(1) of the [S.I. 1989/1341 (N.I.12).] Police and Criminal Evidence (Northern Ireland) Order 1989 (checking of fingerprints and samples),.
except for the purpose of a terrorist investigation.
(4)The fingerprints, samples or information may be checked, subject to sub-paragraph
(2), against—.
(a)other fingerprints or samples taken under paragraph 10 or 12 or information derived from those samples,.
(b)relevant physical data or samples taken by virtue of paragraph 20,.
(c)any of the fingerprints, samples and information mentioned in section 63A(1)(a) and (b) of the [1984 c. 60.] Police and Criminal Evidence Act 1984 (checking of fingerprints and samples),.
(d)any of the fingerprints, samples and information mentioned in Article 63A(1)(a) and (b) of the [S.I. 1989/1341 (N.I. 12).] Police and Criminal Evidence (Northern Ireland) Order 1989 (checking of fingerprints and samples), and.
(e)fingerprints or samples taken under section 15(9) of, or paragraph 7(5) of Schedule 5 to, the [1989 c. 4.] Prevention of Terrorism (Temporary Provisions) Act 1989 or information derived from those samples..
(5)This paragraph (other than sub-paragraph (4)) shall apply to fingerprints or samples taken under section 15(9) of, or paragraph 7(5) of Schedule 5 to, the [1989 c. 4.] Prevention of Terrorism (Temporary Provisions) Act 1989 and information derived from those samples as it applies to fingerprints or samples taken under paragraph 10 or 12 and the information derived from those samples..
Section 15
(1)In the application of paragraphs 10 to 14 in relation to a person detained in England or Wales the following expressions shall have the meaning given by section 65 of the [1984 c. 60.] Police and Criminal Evidence Act 1984 (Part V definitions)—.
(a)“appropriate consent”,.
(b)“fingerprints”,.
(c)“insufficient”,.
(d)“intimate sample”,.
(e)“non-intimate sample”,.
(f)“registered dentist”, and.
(g)“sufficient”..
(2)In the application of paragraphs 10 to 14 in relation to a person detained in Northern Ireland the expressions listed in sub-paragraph (1) shall have the meaning given by Article 53 of the [S.I. 1989/1341 (N.I. 12).] Police and Criminal Evidence (Northern Ireland) Order 1989 (definitions)..
(3)In paragraph 10 “recordable offence” shall have—.
(a)in relation to a person detained in England or Wales, the meaning given by section 118(1) of the [1984 c. 60.] Police and Criminal Evidence Act 1984 (general interpretation), and.
(b)in relation to a person detained in Northern Ireland, the meaning given by Article 2(2) of the [S.I. 1989/1341 (N.I. 12).] Police and Criminal Evidence (Northern Ireland) Order 1989 (definitions).
SCHEDULE 12
Right to compensation
Section 1
(1)This paragraph applies where under Part VII of this Act—.
(a)real or personal property is taken, occupied, destroyed or damaged, or.
(b)any other act is done which interferes with private rights of property..
(2)Where this paragraph applies in respect of an act taken in relation to any property or rights the Secretary of State shall pay compensation to any person who—.
(a)has an estate or interest in the property or is entitled to the rights, and.
(b)suffers loss or damage as a result of the act..
Section 2
No compensation shall be payable unless an application is made to the Secretary of State in such manner as he may specify..
Time limit
Section 3
(1)Subject to sub-paragraphs (2) and (3), an application for compensation in respect of an act must be made within the period of 28 days beginning with the date of the act..
(2)The Secretary of State may, in response to a request made to him in writing, permit an application to be made—.
(a)after the expiry of the period mentioned in sub-paragraph (1), and.
(b)within such longer period, starting from the date of the act and not exceeding six months, as he may specify..
(3)Where the Secretary of State refuses a request under sub-paragraph (2)—.
(a)he shall serve a notice of refusal on the person who made the request,.
(b)that person may, within the period of six weeks beginning with the date of service of the notice, appeal to the county court against the refusal, and.
(c)the county court may exercise the power of the Secretary of State under sub-paragraph (2)..
Determination
Section 4
Where the Secretary of State determines an application for compensation he shall serve on the applicant a notice—.
(a)stating that he has decided to award compensation and specifying the amount of the award, or.
(b)stating that he has decided to refuse the application..
Section 5
(1)An applicant may appeal to the county court against—.
(a)the amount of compensation awarded, or.
(b)the refusal of compensation..
(2)An appeal must be brought within the period of six weeks beginning with the date of service of the notice under paragraph 4..
Section 6
(1)This paragraph applies where the Secretary of State considers that in the course of an application for compensation the applicant—.
(a)knowingly made a false or misleading statement,.
(b)made a statement which he did not believe to be true, or.
(c)knowingly failed to disclose a material fact..
(2)The Secretary of State may—.
(a)refuse to award compensation,.
(b)reduce the amount of compensation which he would otherwise have awarded, or.
(c)withhold all or part of compensation which he has awarded..
Section 7
Where the Secretary of State makes an award of compensation he may make a payment to the applicant in respect of all or part of the costs of the application.
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