Terrorism Act 2000- police powers Flashcards
Q: What can a constable do if they suspect someone is a terrorist?
S41 Terrorism Act 2000
S41(1) A constable may arrest without a warrant a person whom he reasonably suspects to be a terrorist.
Q: What is the key aspect of this power to arrest?
Reasonable suspicion.
Q: Who is a terrorist?
Someone who has committed one of the main terrorism offences under the Act or has been concerned in the commission, preparation, or instigation of acts of terrorism.
Q: What can a constable do in relation to obtaining a warrant to arrest?
S42(2) Terrorism Act 2000- a Magistrate’s warrant may be obtained authorising any constable to enter and search the specified premises for the purpose of arresting the person to whom s41 applies.
Q: Are there any specific stop and search powers in relation to terrorism?
S43(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.
Q: What are the search powers when someone is arrested under s41?
S43(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.
Q: What are the powers for a constable to seize and retain in relation to items found during the search?
S43(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.
Q: Can you stop a vehicle to search a person in the vehicle?
S43(4A) A constable, in exercising the stop and search power under subsection (1) can stop a person whom he reasonably suspects to be a terrorist, to stop a vehicle.
Constable can stop ANY vehicle, excluding an aircraft which is airborne.
Q: Can you search a stopped vehicle? Can these items then be seized?
S43(4B) The constable-
(a) may search the vehicle and anything in or on it to discover whether there is anything which may constitute evidence that the person concerned is a terrorist, and
(b) may seize and retain anything which the constable—
(i) discovers in the course of such a search, and
(ii) reasonably suspects may constitute evidence that the person is a terrorist.
Q: Does a constable have to be in uniform to exercise these powers?
No!
Q: Can you search a vehicle with no persons inside?
S43A(1) If a constable reasonably suspects that a vehicle is being used for the purposes of terrorism
(2) The constable may stop and 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;
To discover whether there is anything which may constitute evidence that the vehicle is being used for the purposes of terrorism.
Q: What does ‘driver’ mean in relation to an aircraft, hovercraft, or vessel?
Means the captain, pilot or other person with control of the vehicle or any member of its crew and in relation to a train, includes any member of its crew.
Q: What is the power to stop and search in specified locations?
S47A
(1) A senior police officer (ACC or above) may give an authorisation under subsection (2) or (3) in relation to a specified area or place if the officer—
(a) reasonably suspects that an act of terrorism will take place; and
(b) reasonably considers that—
(i) the authorisation is necessary to prevent such an act;
(iii) the specified area or place is no greater than is necessary to prevent such an act; and
(iii) the duration of the authorisation is no longer than is necessary to prevent such an act.
Q: Once an authorisation is made, what will it allow the constable to do in terms of vehicles?
S47A(2) An authorisation under this subsection authorises any constable in uniform to stop a vehicle in the specified area of place to search-
(a) the vehicle;
(b) the driver of the vehicle;
(c) a passenger of the vehicle;
(d) anything in or on the vehicle or carried by the driver or a passenger
Q: Once an authorisation is made, what will it allow the constable to do in terms of pedestrians?
S47A(3) An authorisation under this subsection authorises any constable in uniform to stop a pedestrian in the specified area or place and to search—
(a) the pedestrian
(b) anything carried by the pedestrian
(4)A constable in uniform may only exercise these powers for the purposes of discovering whether there is anything which may constitute evidence that the vehicle or person is being used for the purposes of terrorism.
