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Terrorism· 2000

TACT 2000

Terrorism Act 2000

Defines terrorism and creates the principal terrorism offences and police powers, including stop and search, arrest without warrant, and port/border examinations.

Self-test

Sections

Section 41 — Arrest without warrant (terrorism)

A constable may arrest without warrant a person whom they reasonably suspect to be a terrorist (i.e., concerned in the commission, preparation or instigation of acts of terrorism).

Key points
  • Detention up to 14 days (with judicial authority) — far longer than PACE 24-hour clock.
  • No specific offence required — suspicion of being 'a terrorist' suffices.

Section 43 — Search of persons (terrorism)

Constable may stop and search a person whom they reasonably suspect to be a terrorist, to discover whether they have anything which may constitute evidence that they are a terrorist.

Key points
  • Reasonable suspicion required.
  • Can search vehicles under s.43A (uniformed officer).

Schedule 7 — Port and border controls

Examining officer (constable, immigration officer, customs officer) may stop, question, search and detain (up to 6 hours) any person at a port/border to determine whether they appear to be concerned in terrorism.

Key points
  • NO suspicion required — but cannot be exercised arbitrarily.
  • Person must answer questions and provide documents — no right to silence.
  • BTP officers regularly use Sch 7 at international rail terminals.