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Terrorism Act 2000

Type Public General Act

Publication 2000-07-20

Last updated 2026-08-01

State In force

Department Statute Law Database

Source legislation.gov.uk

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(4) Relevant information is information (whether or not contained in a document) which the Lord Advocate considers to be relevant to the investigation.

(5) A person is not bound to comply with a requirement imposed by a notice given under a disclosure order unless evidence of authority to give the notice is produced.

Requirements for making of disclosure order

20

(1) These are the requirements for the making of a disclosure order.

(2) There must be reasonable grounds for suspecting that a person has committed an offence under any of sections 15 to 18 or that the property specified in the application is terrorist property.

(3) There must be reasonable grounds for believing that information which may be provided in compliance with a requirement imposed under the order is likely to be of substantial value (whether or not by itself) to the terrorist financing investigation concerned.

(4) There must be reasonable grounds for believing that it is in the public interest for the information to be provided, having regard to the benefit likely to accrue to the investigation if the information is obtained.

Offences

21

(1) A person commits an offence if without reasonable excuse the person fails to comply with a requirement imposed under a disclosure order.

(2) A person guilty of an offence under sub-paragraph (1) is liable on summary conviction to—

(a) imprisonment for a term not exceeding 6 months,

(b) a fine not exceeding level 5 on the standard scale, or

(3) A person commits an offence if, in purported compliance with a requirement imposed under a disclosure order, the person—

(a) makes a statement which the person knows to be false or misleading in a material particular, or

(b) recklessly makes a statement which is false or misleading in a material particular.

(4) A person guilty of an offence under sub-paragraph (3) is liable—

(a) on summary conviction, to imprisonment for a term not exceeding 12 months or to a fine not exceeding the statutory maximum or to both, or

(b) on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine or to both.

Statements

22

(1) A statement made by a person in response to a requirement imposed under a disclosure order may not be used in evidence against that person in criminal proceedings.

(2) Sub-paragraph (1) does not apply—

(a) in the case of proceedings under this Part of this Act (including paragraph 21(1) or (3)),

(b) on a prosecution for perjury, or

(c) on a prosecution for some other offence where, in giving evidence, the person makes a statement inconsistent with the statement mentioned in sub-paragraph (1).

(3) A statement may not be used by virtue of sub-paragraph (2)(c) against a person unless—

(a) evidence relating to it is adduced, or

(b) a question relating to it is asked,

by or on behalf of the person in the proceedings arising out of the prosecution.

Further provisions

23

(1) A disclosure order does not confer the right to require a person—

(a) to answer any question,

(b) to provide any information, or

which the person would be entitled to refuse to answer, provide or produce on grounds of legal privilege.

(2) A disclosure order has effect in spite of any restriction on the disclosure of information (however imposed).

(3) The Lord Advocate may take copies of any documents produced in compliance with a requirement to produce them imposed under a disclosure order.

(4) The documents may be retained for so long as it is necessary to retain them (as opposed to a copy of them) in connection with the terrorist financing investigation for the purposes of which the order was made.

(5) But if the Lord Advocate has reasonable grounds for believing that—

(a) the documents may need to be produced for the purposes of any legal proceedings, and

(b) they might otherwise be unavailable for those purposes,

they may be retained until the proceedings are concluded.

Supplementary

24

(1) An application for a disclosure order may be made without notice to a judge of the High Court of Justiciary.

(2) Provision may be made in rules of court as to the discharge and variation of disclosure orders.

(3) An application to discharge or vary a disclosure order may be made to the High Court of Justiciary by—

(a) the Lord Advocate;

(b) any person affected by the order.

(4) The High Court of Justiciary may—

(a) discharge the order;

(b) vary the order.

SCHEDULE 6 — Financial Information

Orders

1

(1) Where an order has been made under this paragraph in relation to a terrorist investigation, a constable or counter-terrorism financial investigator named in the order may require a financial institution to which the order appliesto provide customer information for the purposes of the investigation.

(1A) The order may provide that it applies to—

(a) all financial institutions,

(b) a particular description, or particular descriptions, of financial institutions, or

(2) The information shall be provided—

(a) in such manner and within such time as the constable or counter-terrorism financial investigator may specify, and

(b) notwithstanding any restriction on the disclosure of information imposed by statute or otherwise.

(3) An institution which fails to comply with a requirement under this paragraph shall be guilty of an offence.

(4) It is a defence for an institution charged with an offence under sub-paragraph (3) to prove—

(a) that the information required was not in the institution’s possession, or

(b) that it was not reasonably practicable for the institution to comply with the requirement.

(5) An institution guilty of an offence under sub-paragraph (3) shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.

Procedure

2

An order under paragraph 1 may be made only on the application of—

(a) in England and Wales or Northern Ireland, a police officer of at least the rank of superintendent, or

(b) in Scotland, the procurator fiscal.

3

An order under paragraph 1 may be made only by—

(a) in England and Wales, a Circuit judge,

(b) in Scotland, the sheriff, or

4

(1) Criminal Procedure Rules may make provision about the procedure for an application under paragraph 1.

(2) The High Court of Justiciary may, by Act of Adjournal, make provision about the procedure for an application under paragraph 1.

(3) Crown Court Rules may make provision about the procedure for an application under paragraph 1.

Criteria for making order

5

An order under paragraph 1 may be made only if the person making it is satisfied that—

(a) the order is sought for the purposes of a terrorist investigation,

(b) the tracing of terrorist property is desirable for the purposes of the investigation, and

Financial institution

6

(1) In this Schedule “financial institution” means—

(a) a person who has permission under Part 4A of the Financial Services and Markets Act 2000 to accept deposits,

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c) a credit union (within the meaning of the Credit Unions Act 1979 or the Credit Unions (Northern Ireland) Order 1985),

(d) a person carrying on a relevant regulated activity,

(e) the National Savings Bank,

(f) a person who carries out an activity for the purposes of raising money authorised to be raised under the National Loans Act 1968 under the auspices of the Director of National Savings,

(g) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(h) a person carrying out an activity specified in the points in Schedule 2 to the Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017, ...

(ha) an electronic money institution within the meaning of the Electronic Money Regulations 2011 (S.I. 2011/99) (see regulation 2(1)), ...

(i) an authorised person (within the meaning of section 31 of the Financial Services and Markets Act 2000) who has permission under Part 4A of that Act to carry out or effect contracts of insurance, when carrying out or effecting any contract of long-term insurance.

(j) a cryptoasset exchange provider, and

(k) a custodian wallet provider.

(1A) For the purposes of sub-paragraph (1)(d), a relevant regulated activity means—

(a) dealing in investments as principal or as agent,

(b) arranging deals in investments,

(ba) operating a multilateral trading facility,

(bb) operating an organised trading facility,

(bc) operating an electronic system by means of which a qualifying public offer is made,

(d) safeguarding and administering investments,

(e) sending dematerialised instructions,

(ea) managing a UCITS,

(eb) acting as trustee or depositary of a UCITS,

(ec) managing an AIF,

(ed) acting as trustee or depositary of an AIF,

(f) establishing etc. collective investment schemes,

(g) advising on investments,

(h) providing targeted support.

(1AA) For the purposes of sub-paragraph (1)(i), “contract of long-term insurance” means any contract falling within Part 2 of Schedule 1 to the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001 (S.I. 2001/544).

(1AB) For the purposes of sub-paragraph (1)(j), “cryptoasset exchange provider” means a firm or sole practitioner who by way of business provides one or more of the following services, including where the firm or sole practitioner does so as creator or issuer of any of the cryptoassets involved—

(a) exchanging or arranging or making arrangements with a view to the exchange of, cryptoassets for money or money for cryptoassets,

(b) exchanging, or arranging or making arrangements with a view to the exchange of, one cryptoasset for another, or

(1AC) For the purposes of sub-paragraph (1)(k), “custodian wallet provider” means a firm or sole practitioner who by way of business provides services to safeguard, or to safeguard and administer—

(a) cryptoassets on behalf of its customers, or

(b) private cryptographic keys on behalf of its customers in order to hold, store and transfer cryptoassets.

(1AD) For the purposes of sub-paragraphs (1AB) and (1AC), “cryptoasset” means a cryptographically secured digital representation of value or contractual rights that uses a form of distributed ledger technology and can be transferred, stored or traded electronically.

(1AE) For the purposes of sub-paragraph (1AB)—

(a) “cryptoasset” includes a right to, or interest in, the cryptoasset;

(b) “money” means—

(i) money in sterling,

(ii) money in any other currency, or

(iii) money in any other medium of exchange,

but does not include a cryptoasset.

(1AF) The Secretary of State may by regulations amend the definitions in sub-paragraphs (1AB) to (1AE).”

(1B) Sub-paragraphs (1)(a) and (1A) must be read with—

(a) section 22 of the Financial Services and Markets Act 2000;

(b) any relevant order under that section; and

(2) The Secretary of State may by order provide for a class of person—

(a) to be a financial institution for the purposes of this Schedule, or

(b) to cease to be a financial institution for the purposes of this Schedule.

(3) An institution which ceases to be a financial institution for the purposes of this Schedule (whether by virtue of sub-paragraph (2)(b) or otherwise) shall continue to be treated as a financial institution for the purposes of any requirement under paragraph 1 to provide customer information which relates to a time when the institution was a financial institution.

Customer information

7

(1) In this Schedule “customer information” means (subject to sub-paragraph (3))—

(a) information whether a business relationship exists or existed between a financial institution and a particular person (“a customer”),

(b) a customer’s account number,

(d) a customer’s date of birth,

(e) a customer’s address or former address,

(f) the date on which a business relationship between a financial institution and a customer begins or ends,

(g) any evidence of a customer’s identity obtained by a financial institution in pursuance of or for the purposes of any legislation relating to money laundering, and

(h) the identity of a person sharing an account with a customer.

(2) For the purposes of this Schedule there is a business relationship between a financial institution and a person if (and only if)—

(a) there is an arrangement between them designed to facilitate the carrying out of frequent or regular transactions between them, and

(b) the total amount of payments to be made in the course of the arrangement is neither known nor capable of being ascertained when the arrangement is made.

(3) The Secretary of State may by order provide for a class of information—

(a) to be customer information for the purposes of this Schedule, or

(b) to cease to be customer information for the purposes of this Schedule.

Offence by body corporate, &c.

8

(1) This paragraph applies where an offence under paragraph 1(3) is committed by an institution and it is proved that the offence—

(a) was committed with the consent or connivance of an officer of the institution, or

(b) was attributable to neglect on the part of an officer of the institution.

(2) The officer, as well as the institution, shall be guilty of the offence.

(3) Where an individual is convicted of an offence under paragraph 1(3) by virtue of this paragraph, he 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

(4) In the case of an institution which is a body corporate, in this paragraph “officer” includes—

(a) a director, manager or secretary,

(b) a person purporting to act as a director, manager or secretary, and

(5) In the case of an institution which is a partnership, in this paragraph “officer” means a partner.

(6) In the case of an institution which is an unincorporated association (other than a partnership), in this paragraph “officer” means a person concerned in the management or control of the association.

Self-incrimination

9

(1) Customer information provided by a financial institution under this Schedule shall not be admissible in evidence in criminal proceedings against the institution or any of its officers or employees.

(2) Sub-paragraph (1) shall not apply in relation to proceedings for an offence under paragraph 1(3) (including proceedings brought by virtue of paragraph 8).

SCHEDULE 6A — ACCOUNT MONITORING ORDERS

Introduction

1

(1) This paragraph applies for the purposes of this Schedule.

(2) A judge is—

(a) a Circuit judge, in England and Wales;

(b) the sheriff, in Scotland;

(3) The court is—

(a) the Crown Court, in England and Wales or Northern Ireland;

(b) the sheriff, in Scotland.

(4) An appropriate officer is—

(a) a police officer, in England and Wales or Northern Ireland;

(aa) a counter-terrorism financial investigator, in England and Wales or Northern Ireland;

(b) the procurator fiscal, in Scotland.

(5) “ Financial institution ” has the same meaning as in Schedule 6.

Account monitoring orders

2

(1) A judge may, on an application made to him by an appropriate officer, make an account monitoring order if he is satisfied that—

(a) the order is sought for the purposes of a terrorist investigation,

(b) the tracing of terrorist property is desirable for the purposes of the investigation, and

(2) The application for an account monitoring order must state that the order is sought against the financial institution specified in the application in relation to information which—

(a) relates to an account or accounts held at the institution by the person specified in the application (whether solely or jointly with another), and

(b) is of the description so specified.

(3) The application for an account monitoring order may specify information relating to—

(a) all accounts held by the person specified in the application for the order at the financial institution so specified,

(b) a particular description, or particular descriptions, of accounts so held, or

(4) An account monitoring order is an order that the financial institution specified in the application for the order must—

(a) for the period specified in the order,

(b) in the manner so specified,

(d) at the place or places so specified,

provide information of the description specified in the application to an appropriate officer.

(5) The period stated in an account monitoring order must not exceed the period of 90 days beginning with the day on which the order is made.

Applications

3

(1) An application for an account monitoring order may be made ex parte to a judge in chambers.

(2) The description of information specified in an application for an account monitoring order may be varied by the person who made the application.

(3) If the application was made by a police officer, the description of information specified in it may be varied by a different police officer.

(4) If the application was made by a counter-terrorism financial investigator, the description of information specified in it may be varied by a different counter-terrorism financial investigator.

Discharge or variation

4

(1) An application to discharge or vary an account monitoring order may be made to the court by—

(a) the person who applied for the order;

(b) any person affected by the order.

(2) If the application for the account monitoring order was made by a police officer, an application to discharge or vary the order may be made by a different police officer.

(2A) If the application for the account monitoring order was made by a counter-terrorism financial investigator, an application to discharge or vary the order may be made by a different counter-terrorism financial investigator.

(3) The court—

(a) may discharge the order;

(b) may vary the order.

Rules of court

5

(1) Rules of court may make provision as to the practice and procedure to be followed in connection with proceedings relating to account monitoring orders.

(2) In Scotland, rules of court shall, without prejudice to section 305 of the Criminal Procedure (Scotland) Act 1995 (c. 46), be made by Act of Adjournal.

Effect of orders

6

(1) In England and Wales and Northern Ireland, an account monitoring order has effect as if it were an order of the court.

(2) An account monitoring order has effect in spite of any restriction on the disclosure of information (however imposed).

Statements

7

(1) A statement made by a financial institution in response to an account monitoring order may not be used in evidence against it in criminal proceedings.

(2) But sub-paragraph (1) does not apply—

(a) in the case of proceedings for contempt of court;

(b) in the case of proceedings under section 23 where the financial institution has been convicted of an offence under any of sections 15 to 18;

(c) on a prosecution for an offence where, in giving evidence, the financial institution makes a statement inconsistent with the statement mentioned in sub-paragraph (1).

(3) A statement may not be used by virtue of sub-paragraph (2)(c) against a financial institution unless—

(a) evidence relating to it is adduced, or

(b) a question relating to it is asked,

by or on behalf of the financial institution in the proceedings arising out of the prosecution.

SCHEDULE 6B — Searches in specified areas or places: supplementary

Extent of search powers: supplementary

1

A constable exercising the power conferred by an authorisation under section 47A may not require a person to remove any clothing in public except for headgear, footwear, an outer coat, a jacket or gloves.

2

(1) Sub-paragraph (2) applies if a constable proposes to search a person or vehicle by virtue of section 47A(2) or (3).

(2) The constable 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.

Requirements as to writing

3

A senior police officer who gives an authorisation under section 47A orally must confirm it in writing as soon as reasonably practicable.

4

(1) Where—

(a) a vehicle or pedestrian is stopped by virtue of section 47A(2) or (3), and

(b) the driver of the vehicle or the pedestrian applies for a written statement that the vehicle was stopped, or that the pedestrian was stopped, by virtue of section 47A(2) or (as the case may be) (3),

the written statement must be provided.

(2) An application under sub-paragraph (1) must be made within the period of 12 months beginning with the date on which the vehicle or pedestrian was stopped.

Duration of authorisations

5

(1) An authorisation under section 47A has effect during the period—

(a) beginning at the time when the authorisation is given, and

(b) ending with the specified date or at the specified time.

(2) This paragraph is subject as follows.

6

The specified date or time must not occur after the end of the period of 14 days beginning with the day on which the authorisation is given.

7

(1) The senior police officer who gives an authorisation must inform the Secretary of State of it as soon as reasonably practicable.

(2) An authorisation ceases to have effect at the end of the period of 48 hours beginning with the time when it is given unless it is confirmed by the Secretary of State before the end of that period.

(3) An authorisation ceasing to have effect by virtue of sub-paragraph (2) does not affect the lawfulness of anything done in reliance on it before the end of the period concerned.

(4) When confirming an authorisation, the Secretary of State may—

(a) substitute an earlier date or time for the specified date or time;

(b) substitute a more restricted area or place for the specified area or place.

8

The Secretary of State may cancel an authorisation with effect from a time identified by the Secretary of State.

9

(1) A senior police officer may—

(a) cancel an authorisation with effect from a time identified by the officer concerned;

(b) substitute an earlier date or time for the specified date or time;

(2) Any such cancellation or substitution in relation to an authorisation confirmed by the Secretary of State under paragraph 7 does not require confirmation by the Secretary of State.

10

An authorisation given by a member of the Civil Nuclear Constabulary does not have effect except in relation to times when the specified area or place is a place where members of that Constabulary have the powers and privileges of a constable.

11

The existence, expiry or cancellation of an authorisation does not prevent the giving of a new authorisation.

Specified areas or places

12

(1) An authorisation given by a senior police officer who is not a member of the British Transport Police Force, the Ministry of Defence Police or the Civil Nuclear Constabulary may specify an area or place together with—

(a) the internal waters adjacent to that area or place; or

(b) a specified area of those internal waters.

(2) In sub-paragraph (1) “internal waters” means waters in the United Kingdom that are not comprised in any police area.

13

Where an authorisation specifies more than one area or place—

(a) the power of a senior police officer under paragraph 5(1)(b) to specify a date or time includes a power to specify different dates or times for different areas or places (and the other references in this Schedule to the specified date or time are to be read accordingly), and

(b) the power of the Secretary of State under paragraph 7(4)(b), and of a senior police officer under paragraph 9(1)(c), includes a power to remove areas or places from the authorisation.

Interpretation

14

(1) In this Schedule—

“driver” has the meaning given by section 43A(5);

“senior police officer” means—in relation to an authorisation where the specified area or place is the whole or part of a police area in England and Wales , other than of a police area mentioned in paragraph (b) or (c), a police officer for the area who is of at least the rank of assistant chief constable;in relation to an authorisation where the specified area or place is the whole or part of the metropolitan police district, a police officer for the district who is of at least the rank of commander of the metropolitan police;in relation to an authorisation where the specified area or place is the whole or part of the City of London, a police officer for the City who is of at least the rank of commander in the City of London police force; in relation to an authorisation where the specified area or place is the whole or part of Scotland, a constable of the Police Service of Scotland who is of at least the rank of assistant chief constable; in relation to an authorisation where the specified area or place is the whole or part of Northern Ireland, a member of the Police Service of Northern Ireland who is of at least the rank of assistant chief constable;

“specified” means specified in an authorisation.

(2) References in this Schedule to a senior police officer are to be read as including—

(a) in relation to an authorisation where the specified area or place is the whole or part of a police area outside Northern Ireland and is in a place described in section 34(1A), a member of the British Transport Police Force who is of at least the rank of assistant chief constable;

(b) in relation to an authorisation where the specified area or place is a place to which section 2(2) of the Ministry of Defence Police Act 1987 applies, a member of the Ministry of Defence Police who is of at least the rank of assistant chief constable;

(c) in relation to an authorisation where the specified area or place is a place in which members of the Civil Nuclear Constabulary have the powers and privileges of a constable, a member of that Constabulary who is of at least the rank of assistant chief constable;

but such references are not to be read as including a member of the British Transport Police Force, the Ministry of Defence Police or the Civil Nuclear Constabulary in any other case.

SCHEDULE 7 — Port and Border Controls

Interpretation

1

(1) In this Schedule “examining officer” means any of the following—

(a) a constable,

(b) an immigration officer who is designated for the purpose of this Schedule by the Secretary of State , and

(c) a customs officer who is designated for the purpose of this Schedule by the Secretary of State and the Commissioners of Customs and Excise.

(2) In this Schedule—

“the border area” has the meaning given by paragraph 4,

“captain” means master of a ship or commander of an aircraft,

“port” includes an airport and a hoverport,

“ship” includes a hovercraft and any floating vessel or structure, and

“vehicle” includes a train.

(3) A place shall be treated as a port for the purposes of this Schedule in relation to a person if an examining officer believes that the person—

(a) has gone there for the purpose of embarking on a ship or aircraft, or

(b) has arrived there on disembarking from a ship or aircraft.

Examining officers etc

1A

(1) The Secretary of State must under paragraph 6 of Schedule 14 issue a code of practice about—

(a) training to be undertaken by constables, immigration officers and customs officers who are to act as examining officers or exercise other functions under this Schedule, and

(b) the procedure for making designations under paragraph 1(1)(b) and (c).

(2) In particular, the code must make provision for consultation with the relevant chief officer of police before designations are made under paragraph 1(1)(b) or (c).

(3) “Relevant chief officer of police” means—

(a) in England and Wales, the chief officer of police for the police area in which the persons designated would act as examining officers,

(b) in Scotland, the Chief Constable of the Police Service of Scotland, and

Power to stop, question and detain

2

(1) An examining officer may question a person to whom this paragraph applies for the purpose of determining whether he appears to be a person falling within section 40(1)(b).

(2) This paragraph applies to a person if—

(a) he is at a port or in the border area, and

(b) the examining officer believes that the person’s presence at the port or in the area is connected with his entering or leaving Great Britain or Northern Ireland or his travelling by air within Great Britain or within Northern Ireland.

(3) This paragraph also applies to a person on a ship or aircraft which has arrived at any place in Great Britain or Northern Ireland (whether from within or outside Great Britain or Northern Ireland).

(3A) This paragraph also applies to a person if—

(a) the person is—

(i) being detained under a provision of the Immigration Acts, or

(ii) in custody having been arrested under paragraph 17(1) of Schedule 2 to the Immigration Act 1971,

(b) the period of 5 days beginning with the day after the day on which the person was apprehended has not yet expired, and

(i) the person arrived in the United Kingdom by sea from a place outside the United Kingdom, and

(ii) the person was apprehended within 24 hours of the person’s arrival on land.

(3B) For the purposes of sub-paragraph (3A)(b) and (c), a person is “apprehended”—

(a) in a case within sub-paragraph (3A)(a)(i) where the person is arrested (and not released) before being detained as mentioned in that provision, when the person is arrested;

(b) in any other case within sub-paragraph (3A)(a)(i), when the person is first detained as mentioned in that provision;

(4) An examining officer may exercise his powers under this paragraph whether or not he has grounds for suspecting that a person falls within section 40(1)(b).

3

An examining officer may question a person who is in the border area for the purpose of determining whether his presence in the area is connected with his entering or leaving Northern Ireland.

4

(1) A place in Northern Ireland is within the border area for the purposes of paragraphs 2 and 3 if it is no more than one mile from the border between Northern Ireland and the Republic of Ireland.

(2) If a train goes from the Republic of Ireland to Northern Ireland, the first place in Northern Ireland at which it stops for the purpose of allowing passengers to leave is within the border area for the purposes of paragraphs 2 and 3.

5

A person who is questioned under paragraph 2 or 3 must—

(a) give the examining officer any information in his possession which the officer requests;

(b) give the examining officer on request either a valid passport which includes a photograph or another document which establishes his identity;

(d) give the examining officer on request any document which he has with him and which is of a kind specified by the officer.

5A

(1) An answer or information given orally by a person in response to a question asked under paragraph 2 or 3 may not be used in evidence against the person in criminal proceedings.

(2) Sub-paragraph (1) does not apply—

(a) in the case of proceedings for an offence under paragraph 18 of this Schedule,

(b) on a prosecution for perjury, or

(c) on a prosecution for some other offence where, in giving evidence, the person makes a statement inconsistent with the answer or information mentioned in sub-paragraph (1).

(3) An answer or information may not be used by virtue of sub-paragraph (2)(c) unless—

(a) evidence relating to it is adduced, or

(b) a question relating to it is asked,

by or on behalf of the person in the proceedings arising out of the prosecution.

(4) In sub-paragraph (2)(b) the reference to a prosecution for perjury is—

(a) in the case of England and Wales, a reference to a prosecution for an offence under section 5 of the Perjury Act 1911;

(b) in the case of Northern Ireland, a reference to a prosecution for an offence under Article 10 of the Perjury (Northern Ireland) Order 1979 (S.I. 1979/1714 (N.I. 19)).

6

(1) For the purposes of exercising a power under paragraph 2 or 3 an examining officer may—

(a) stop a person or vehicle;

(b) detain a person.

(2) For the purpose of detaining a person under this paragraph, an examining officer may authorise the person’s removal from a ship, aircraft or vehicle.

(3) Where a person is detained under this paragraph the provisions of Parts 1 and 1A of Schedule 8 (treatment and review of detention ) shall apply.

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

6A

(1) This paragraph applies where a person is questioned under paragraph 2 or 3.

(2) After the end of the 1 hour period, the person may not be questioned under either of those paragraphs unless the person is detained under paragraph 6.

(3) If the person is detained under paragraph 6 the person must be released not later than the end of the 6 hour period (unless detained under another power).

(3A) If a person detained under paragraph 6 is removed to hospital because the person needs medical treatment—

(a) any time during which the person is being questioned under paragraph 2 or 3 in hospital or on the way there or back is to be included in calculating the 6 hour period, but

(b) any other time when the person is in hospital or on the way there or back is not to be included.

(4) In this paragraph—

“the 1 hour period” is the period of 1 hour beginning with the time the person is first questioned under paragraph 2 or 3;

“the 6 hour period” is the period of 6 hours beginning with that time.

Searches

7

For the purpose of satisfying himself whether there are any persons whom he may wish to question under paragraph 2 an examining officer may—

(a) search a ship or aircraft;

(b) search anything on a ship or aircraft;

8

(1) An examining officer who questions a person under paragraph 2 may, for the purpose of determining whether he falls within section 40(1)(b)—

(a) search the person;

(b) search anything which he has with him, or which belongs to him, and which is on a ship or aircraft;

(c) search anything which he has with him, or which belongs to him, and which the examining officer reasonably believes has been, or is about to be, on a ship or aircraft;

(d) search a ship or aircraft for anything falling within paragraph (b)

(e) search a vehicle which is on a ship or aircraft;

(f) search a vehicle which the examining officer reasonably believes has been, or is about to be, on a ship or aircraft.

(2) Where an examining officer questions a person in the border area under paragraph 2 he may (in addition to the matters specified in sub-paragraph (1)), for the purpose of determining whether the person falls within section 40(1)(b)—

(a) search a vehicle;

(b) search anything in or on a vehicle;

(3) A search of a person under this paragraph must be carried out by someone of the same sex.

(4) An intimate search of a person may not be carried out under this paragraph.

(5) A strip search of a person may not be carried out under this paragraph unless—

(a) the person is detained under paragraph 6,

(b) the examining officer has reasonable grounds to suspect that the person is concealing something which may be evidence that the person falls within section 40(1)(b), and

(6) “Senior officer” means—

(a) where the examining officer is a constable, a constable of a higher rank than the examining officer,

(b) where the examining officer is an immigration officer, an immigration officer of a higher grade than the examining officer, and

(7) In this paragraph—

“intimate search” means a search which consists of a physical examination of a person's body orifices other than the mouth;

“strip search” means a search which is not an intimate search but involves the removal of an article of clothing which—is being worn wholly or partly on the trunk, andis being so worn either next to the skin or next to an article of underwear.

9

(1) An examining officer may examine goods to which this paragraph applies for the purpose of determining whether they have been used in the commission, preparation or instigation of acts of terrorism.

(2) This paragraph applies to—

(a) goods which have arrived in or are about to leave Great Britain or Northern Ireland on a ship or vehicle, and

(b) goods which have arrived at or are about to leave any place in Great Britain or Northern Ireland on an aircraft (whether the place they have come from or are going to is within or outside Great Britain or Northern Ireland).

(2A) The reference in sub-paragraph (2)(a) to goods which are about to leave Great Britain or Northern Ireland on a ship includes goods which—

(a) are held at premises operated by a sea cargo agent, and

(b) are to be delivered to a place in Great Britain or Northern Ireland for carriage on a ship.

(2B) The reference in sub-paragraph (2)(b) to goods which are about to leave any place in Great Britain or Northern Ireland on an aircraft includes goods which—

(a) are held at premises operated by an air cargo agent, and

(b) are to be delivered to a place in Great Britain or Northern Ireland for carriage on an aircraft.

(2C) An examination under this paragraph may be carried out only—

(a) at a port;

(b) at premises operated by a sea cargo agent or an air cargo agent;

(d) at a location designated by the Secretary of State under sub-paragraph (2D) (a “designated examination location”).

(2D) The Secretary of State may designate a location for the purposes of sub-paragraph (2C)(d) only if the Secretary of State reasonably believes that it is necessary to designate that location in order for examining officers to be able to exercise their functions under this paragraph.

(2E) The Secretary of State must maintain and publish a list of designated examination locations.

(3) In this paragraph—

(a) “air cargo agent” has the meaning given by section 21F(1) of the Aviation Security Act 1982;

(b) “goods” includes property of any description, and containers;

(d) “temporary storage facility” has the meaning given by section 25A of the Customs and Excise Management Act 1979.

(4) For the purposes of determining whether to carry out an examination under this paragraph an examining officer may—

(a) board a ship or aircraft;

(b) enter a vehicle;

(d) enter a temporary storage facility;

(e) enter a designated examination location.

10

(1) An examining officer may authorise a person to carry out on his behalf a search or examination under any of paragraphs 7 to 9.

(2) A person authorised under this paragraph shall be treated as an examining officer for the purposes of—

(a) paragraphs 9(4) and 11 of this Schedule, and

(b) paragraphs 2 and 3 of Schedule 14.

Detention of property

11

(1) This paragraph applies to anything which—

(a) is given to an examining officer in accordance with paragraph 5(d),

(b) is searched or found on a search under paragraph 8, or

(2) An examining officer may detain the thing—

(a) for the purpose of examination, for a period not exceeding seven days beginning with the day on which the detention commences,

(b) while he believes that it may be needed for use as evidence in criminal proceedings, or

(c) while he believes that it may be needed in connection with a decision by the Secretary of State whether to make a deportation order under the Immigration Act 1971.

Power to make and retain copies

11A

(1) This paragraph applies where the examining officer is a constable.

(2) The examining officer may copy anything which—

(a) is given to the examining officer in accordance with paragraph 5,

(b) is searched or found on a search under paragraph 8, or

(3) The copy may be retained—

(a) for so long as is necessary for the purpose of determining whether a person falls within section 40(1)(b),

(b) while the examining officer believes that it may be needed for use as evidence in criminal proceedings, or

(c) while the examining officer believes that it may be needed in connection with a decision by the Secretary of State whether to make a deportation order under the Immigration Act 1971.

Designated ports

12

(1) This paragraph applies to a journey—

(a) to Great Britain from the Republic of Ireland, Northern Ireland or any of the Islands,

(b) from Great Britain to any of those places,

(d) from Northern Ireland to any of those places.

(2) Where a ship or aircraft is employed to carry passengers for reward on a journey to which this paragraph applies the owners or agents of the ship or aircraft shall not arrange for it to call at a port in Great Britain or Northern Ireland for the purpose of disembarking or embarking passengers unless—

(a) the port is a designated port, or

(b) an examining officer approves the arrangement.

(3) Where an aircraft is employed on a journey to which this paragraph applies otherwise than to carry passengers for reward, the captain of the aircraft shall not permit it to call at or leave a port in Great Britain or Northern Ireland unless—

(a) the port is a designated port, or

(b) he gives at least 12 hours’ notice in writing to a constable for the police area in which the port is situated (or, where the port is in Northern Ireland, to a member of the Royal Ulster Constabulary).

(4) A designated port is a port which appears in the Table at the end of this Schedule.

(5) The Secretary of State may by order—

(a) add an entry to the Table;

(b) remove an entry from the Table.

Embarkation and disembarkation

13

(1) The Secretary of State may by notice in writing to the owners or agents of ships or aircraft—

(a) designate control areas in any port in the United Kingdom;

(b) specify conditions for or restrictions on the embarkation or disembarkation of passengers in a control area.

(2) Where owners or agents of a ship or aircraft receive notice under sub-paragraph (1) in relation to a port they shall take all reasonable steps to ensure, in respect of the ship or aircraft—

(a) that passengers do not embark or disembark at the port outside a control area, and

(b) that any specified conditions are met and any specified restrictions are complied with.

14

(1) The Secretary of State may by notice in writing to persons concerned with the management of a port in the United Kingdom (“the port managers”)—

(a) designate control areas in the port;

(b) require the port managers to provide at their own expense specified facilities in a control area for the purposes of the embarkation or disembarkation of passengers or their examination under this Schedule;

(c) require conditions to be met and restrictions to be complied with in relation to the embarkation or disembarkation of passengers in a control area;

(d) require the port managers to display, in specified locations in control areas, notices containing specified information about the provisions of this Schedule in such form as may be specified.

(2) Where port managers receive notice under sub-paragraph (1) they shall take all reasonable steps to comply with any requirement set out in the notice.

15

(1) This paragraph applies to a ship employed to carry passengers for reward, or an aircraft, which—

(a) arrives in Great Britain from the Republic of Ireland, Northern Ireland or any of the Islands,

(b) arrives in Northern Ireland from Great Britain, the Republic of Ireland or any of the Islands,

(d) leaves Northern Ireland for Great Britain, the Republic of Ireland or any of the Islands.

(2) The captain shall ensure—

(a) that passengers and members of the crew do not disembark at a port in Great Britain or Northern Ireland unless either they have been examined by an examining officer or they disembark in accordance with arrangements approved by an examining officer;

(b) that passengers and members of the crew do not embark at a port in Great Britain or Northern Ireland except in accordance with arrangements approved by an examining officer;

(c) where a person is to be examined under this Schedule on board the ship or aircraft, that he is presented for examination in an orderly manner.

(3) Where paragraph 27 of Schedule 2 to the Immigration Act 1971 (disembarkation requirements on arrival in the United Kingdom) applies, the requirements of sub-paragraph (2)(a) above are in addition to the requirements of paragraph 27 of that Schedule.

Carding

16

(1) The Secretary of State may by order make provision requiring a person to whom this paragraph applies, if required to do so by an examining officer, to complete and produce to the officer a card containing such information in such form as the order may specify.

(2) An order under this paragraph may require the owners or agents of a ship or aircraft employed to carry passengers for reward to supply their passengers with cards in the form required by virtue of sub-paragraph (1).

(3) This paragraph applies to a person—

(a) who disembarks in Great Britain from a ship or aircraft which has come from the Republic of Ireland, Northern Ireland or any of the Islands,

(b) who disembarks in Northern Ireland from a ship or aircraft which has come from Great Britain, the Republic of Ireland, or any of the Islands,

(c) who embarks in Great Britain on a ship or aircraft which is going to the Republic of Ireland, Northern Ireland or any of the Islands, or

(d) who embarks in Northern Ireland on a ship or aircraft which is going to Great Britain, the Republic of Ireland, or any of the Islands.

Provision of passenger information

17

(1) This paragraph applies to a ship or aircraft which—

(a) arrives or is expected to arrive in any place in the United Kingdom (whether from another place in the United Kingdom or from outside the United Kingdom), or

(b) leaves or is expected to leave the United Kingdom.

(2) If an examining officer gives the owners or agents of a ship or aircraft to which this paragraph applies a written request to provide specified information, the owners or agents shall comply with the request as soon as is reasonably practicable.

(3) A request to an owner or agent may relate—

(a) to a particular ship or aircraft,

(b) to all ships or aircraft of the owner or agent to which this paragraph applies, or

(4) Information may be specified in a request only if it is of a kind which is prescribed by order of the Secretary of State and which relates—

(a) to passengers,

(b) to crew, . . .

(d) to goods.

(5) A passenger or member of the crew on a ship or aircraft shall give the captain any information required for the purpose of enabling the owners or agents to comply with a request under this paragraph.

(6) Sub-paragraphs (2) and (5) shall not require the provision of information which is required to be provided under or by virtue of paragraph 27(2) , 27B or 27BA of Schedule 2 to the Immigration Act 1971.

Offences

18

(1) A person commits an offence if he—

(a) wilfully fails to comply with a duty imposed under or by virtue of this Schedule,

(b) wilfully contravenes a prohibition imposed under or by virtue of this Schedule, or

(2) A person guilty of an offence under this paragraph 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

Seaports	Airports
ArdrossanCairnryanCampbeltownFishguardFleetwoodHeyshamHolyheadLoch RyanPembroke DockPlymouthPoole HarbourPort of LiverpoolPortsmouth Continental Ferry PortSouthampton...SwanseaTorquayTroonWeymouth	AberdeenBiggin HillBirminghamBlackpoolBournemouth (Hurn)BristolCambridgeCardiffCarlisleCoventryEast MidlandsEdinburghExeterGlasgowGloucester/Cheltenham (Staverton)HumbersideLeeds/BradfordLiverpoolLondon-CityLondon-GatwickLondon-HeathrowLutonLyddManchesterManstonNewcastleNorwichPlymouthPrestwickSheffield CitySouthamptonSouthendStanstedTeesside



Seaports	Airports
---	---
BallycastleBelfastLarnePort of LondonderryWarrenpoint	Belfast CityBelfast InternationalCity of Derry

SCHEDULE 8 — Detention

Part I — Treatment of persons detained under section 41 or 43B or Schedule 7

Place of detention

1

(1) The Secretary of State shall designate places at which persons may be detained under Schedule 7 or section 41 or 43B.

(2) In this Schedule a reference to a police station includes a reference to any place which the Secretary of State has designated under sub-paragraph (1) as a place where a person may be detained under section 41 or 43B.

(3) Where a person is detained under Schedule 7, he may be taken in the custody of an examining officer or of a person acting under an examining officer’s authority to and from any place where his attendance is required for the purpose of—

(a) his examination under that Schedule,

(b) establishing his nationality or citizenship, or

(4) A constable who arrests a person under section 41 or 43B shall take him as soon as is reasonably practicable to the police station which the constable considers the most appropriate.

(5) In this Schedule “examining officer” has the meaning given in Schedule 7.

(6) Where a person is arrested in one Part of the United Kingdom and all or part of his detention takes place in another Part, the provisions of this Schedule which apply to detention in a particular Part of the United Kingdom apply in relation to him while he is detained in that Part.

Identification

2

(A1) This paragraph applies in the case of a person detained under Schedule 7 or section 41.

(1) An authorised person may take any steps which are reasonably necessary for—

(a) photographing the detained person,

(b) measuring him, or

(2) In sub-paragraph (1) “authorised person” means any of the following—

(a) a constable,

(b) a prison officer,

(d) in the case of a person detained under Schedule 7, an examining officer ....

(3) This paragraph does not confer the power to take—

(a) fingerprints, non-intimate samples or intimate samples (within the meaning given by paragraph 15 below), or

(b) relevant physical data or samples as mentioned in section 18 of the Criminal Procedure (Scotland) Act 1995 as applied by paragraph 20 below.

Audio and video recording of interviews

3

(1) The Secretary of State shall—

(a) issue a code of practice about the audio recording of interviews to which this paragraph applies, and

(b) make an order requiring the audio recording of interviews to which this paragraph applies in accordance with any relevant code of practice under paragraph (a).

(2) The Secretary of State may make an order requiring the video recording of—

(a) interviews to which this paragraph applies;

(b) interviews to which this paragraph applies which take place in a particular Part of the United Kingdom.

(3) An order under sub-paragraph (2) shall specify whether the video recording which it requires is to be silent or with sound.

(4) Where an order is made under sub-paragraph (2)—

(a) the Secretary of State shall issue a code of practice about the video recording of interviews to which the order applies, and

(b) the order shall require the interviews to be video recorded in accordance with any relevant code of practice under paragraph (a).

(5) Where the Secretary of State has made an order under sub-paragraph (2) requiring certain interviews to be video recorded with sound—

(a) he need not make an order under sub-paragraph (1)(b) in relation to those interviews, but

(b) he may do so.

(6) This paragraph applies to any interview by a constable of a person detained under Schedule 7 or section 41 if the interview takes place in a police station.

(7) A code of practice under this paragraph—

(a) may make provision in relation to a particular Part of the United Kingdom;

(b) may make different provision for different Parts of the United Kingdom.

4

(1) This paragraph applies to a code of practice under paragraph 3.

(2) Where the Secretary of State proposes to issue a code of practice he shall—

(a) publish a draft,

(b) consider any representations made to him about the draft, and

(3) The Secretary of State shall lay a draft of the code before Parliament.

(4) When the Secretary of State has laid a draft code before Parliament he may bring it into operation by order.

(5) The Secretary of State may revise a code and issue the revised code; and sub-paragraphs (2) to (4) shall apply to a revised code as they apply to an original code.

(6) The failure by a constable to observe a provision of a code shall not of itself make him liable to criminal or civil proceedings.

(7) A code—

(a) shall be admissible in evidence in criminal and civil proceedings, and

(b) shall be taken into account by a court or tribunal in any case in which it appears to the court or tribunal to be relevant.

Status

5

A detained person shall be deemed to be in legal custody throughout the period of his detention.

Rights: England, Wales and Northern Ireland

6

(1) A person detained under Schedule 7 or section 41 or 43B at a place 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.

(1A) In the case of a person detained under Schedule 7 or section 41, sub-paragraph (1) is subject to paragraph 8.

(2) The person named must be—

(a) a friend of the detained person,

(b) a relative, or

(3) Where a detained person is transferred from one place to another, he shall be entitled to exercise the right under this paragraph in respect of the place to which he is transferred.

(4) A detained person must be informed of the right under this paragraph on first being detained.

7

(1) A person detained under Schedule 7 or section 41 or 43B ... 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.

(1A) Sub-paragraph (1) is subject—

(a) in the case of a person detained under Schedule 7 or section 41, to paragraphs 8 and 9, and

(b) in the case of a person detained under section 43B, to paragraph 9.

(2) Where a request is made under sub-paragraph (1), the request and the time at which it was made shall be recorded.

(3) A detained person must be informed of the right under this paragraph on first being detained.

7A

(1) This paragraph applies where a person detained under Schedule 7 requests to consult a solicitor.

(2) The examining officer may not question the detained person under paragraph 2 or 3 of Schedule 7 until the person has consulted a solicitor (or no longer wishes to do so).

(3) Sub-paragraph (2) does not apply if the examining officer reasonably believes that postponing the questioning until then would be likely to prejudice determination of the relevant matters.

(4) The powers given by paragraph 8 of Schedule 7 (search powers where a person is questioned under paragraph 2 of Schedule 7) may be used when questioning is postponed because of sub-paragraph (2).

(5) The detained person is entitled to consult a solicitor in person.

(6) Sub-paragraph (5) does not apply if the examining officer reasonably believes that the time it would take to consult a solicitor in person would be likely to prejudice determination of the relevant matters.

(7) In that case the examining officer may require any consultation to take place in another way.

(8) In this paragraph “the relevant matters” means the matters the examining officer seeks to determine under paragraph 2 or 3 of Schedule 7.

8

(A1) This paragraph does not apply in the case of a person detained under section 43B (except for the purposes of paragraph 9(3)(a)).

(1) Subject to sub-paragraph (2), a police 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 offence,

(b) interference with or physical injury to any person,

(c) the alerting of persons who are suspected of having committed a serious offence but who have not been arrested for it,

(d) the hindering of the recovery of property obtained as a result of a serious offence or in respect of which a forfeiture order could be made under section 23 or 23A,

(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 benefited from his criminal conduct, and

(b) the recovery of the value of the property constituting the benefit will be hindered by—

(i) informing the named person of the detained person’s detention (in the case of an authorisation under sub-paragraph (1)(a)), or

(ii) the exercise of the right under paragraph 7 (in the case of an authorisation under sub-paragraph (1)(b)).

(5A) For the purposes of sub-paragraph (5) the question whether a person has benefited from his criminal conduct is to be decided in accordance with Part 2 of the Proceeds of Crime Act 2002.

(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, references to a “serious offence” are ... to an indictable offence, ... ; but also include—

(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).

9

(1) This paragraph applies where a detained person exercises the right under paragraph 7 to consult a solicitor.

(2) A police officer of at least the rank of superintendent may direct that the right—

(a) may not be exercised (or further exercised) by consulting the solicitor who attends for the purpose of the consultation or who would so attend but for the giving of the direction, but

(b) may instead be exercised by consulting a different solicitor of the detained person's choosing.

(2A) A direction under this paragraph may be given before or after a detained person's consultation with a solicitor has started (and if given after it has started the right to further consult that solicitor ceases on the giving of the direction).

(3) A direction under this paragraph may be given only if the officer giving it has reasonable grounds for believing—

(a) 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

(b) that the detained person has benefited from his criminal conduct and that, unless the direction is given, the exercise of the right by the detained person will hinder the recovery of the value of the property constituting the benefit.

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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 a person detained under section 41, but only if—

(a) he is detained at a police station,

(b) the appropriate consent is given in writing,

(d) subject to paragraph 13(2) and (3), the sample is taken by a constable.

(6) Subject to sub-paragraph (6A) 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 in which an authorisation under that sub-paragraph may be given , 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).

(6A) An officer may also give an authorisation under sub-paragraph (4)(a) for the taking of fingerprints if—

(a) he is satisfied that the fingerprints of the detained person will facilitate the ascertainment of that person’s identity; and

(b) that person has refused to identify himself or the officer has reasonable grounds for suspecting that that person is not who he claims to be.

(6B) In this paragraph references to ascertaining a person’s identity include references to showing that he is not a particular person.

(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.

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 a relevant search (within the meaning given by paragraph 20A(6)) or for the purposes of section 63A(1) of the Police and Criminal Evidence Act 1984 and Article 63A(1) of the 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

(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),

(d) the grounds upon which that authorisation has been given, and

(e) the fact that the appropriate consent has been given.

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

(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

(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.

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.

13A

No fingerprint, intimate sample or non-intimate sample may be taken from a person detained under section 43B.

14

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

15

(1) In the application of paragraphs 10 to 13 in relation to a person detained in England or Wales the following expressions shall have the meaning given by section 65 of the Police and Criminal Evidence Act 1984 (Part V definitions)—

(a) “appropriate consent”,

(b) “fingerprints”,

(d) “intimate sample”,

(e) “non-intimate sample”,

(f) “registered dentist”, and

(g) “sufficient”.

(1A) In the application of section 65(2A) of the Police and Criminal Evidence Act 1984 for the purposes of sub-paragraph (1) of this paragraph, the reference to the destruction of a sample under section 63R of that Act is a reference to the destruction of a sample under paragraph 20G of this Schedule.

(2) In the application of paragraphs 10 to 13 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 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 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 Police and Criminal Evidence (Northern Ireland) Order 1989 (definitions).

Rights: Scotland

16

(1) A person detained under Schedule 7 or section 41 or 43B at a place in Scotland shall be entitled to have intimation of his detention and of the place where he is being detained sent without delay to a solicitor and to another person named by him.

(2) The person named must be—

(a) a friend of the detained person,

(b) a relative, or

(3) Where a detained person is transferred from one place to another, he shall be entitled to exercise the right under sub-paragraph (1) in respect of the place to which he is transferred.

(4) Where a person is detained under Schedule 7 or section 41, a police officer not below the rank of superintendent may authorise a delay in making intimation where, in his view, the delay is necessary on one of the grounds mentioned in paragraph 17(3) or where paragraph 17(4) applies.

(5) Where a detained person requests that the intimation be made, there shall be recorded the time when the request is—

(a) made, and

(b) complied with.

(6) A person detained as mentioned in sub-paragraph (1) shall be entitled to consult a solicitor at any time, without delay.

(7) Where a person is detained under Schedule 7 or section 41, a police officer not below the rank of superintendent may authorise a delay in holding the consultation where, in his view, the delay is necessary on one of the grounds mentioned in paragraph 17(3) or where paragraph 17(4) applies.

(8) ... The consultation shall be private.

(9) Where a person is detained under section 41 he must be permitted to exercise his rights under this paragraph before the end of the period mentioned in subsection (3) of that section.

(10) A detained person must be informed of the rights under sub-paragraphs (1) and (6) on first being detained.

16A

(1) This paragraph applies where a person detained under Schedule 7 requests to consult a solicitor.

(2) The examining officer may not question the detained person under paragraph 2 or 3 of Schedule 7 until the person has consulted a solicitor (or no longer wishes to do so).

(3) Sub-paragraph (2) does not apply if the examining officer reasonably believes that postponing the questioning until then would be likely to prejudice determination of the relevant matters.

(4) The powers given by paragraph 8 of Schedule 7 (search powers where a person is questioned under paragraph 2 of Schedule 7) may be used when questioning is postponed because of sub-paragraph (2).

(5) The detained person is entitled to consult a solicitor in person.

(6) Sub-paragraph (5) does not apply if the examining officer reasonably believes that the time it would take to consult a solicitor in person would be likely to prejudice determination of the relevant matters.

(7) In that case the examining officer may require any consultation to take place in another way.

(8) In this paragraph “the relevant matters” means the matters the examining officer seeks to determine under paragraph 2 or 3 of Schedule 7.

17

(1) This paragraph applies where a detained person exercises the right under paragraph 16(6) to consult a solicitor.

(2) A police officer not below the rank of superintendent may, if it appears to the officer to be necessary on one of the grounds mentioned in sub-paragraph (3), direct that the right—

(a) may not be exercised (or further exercised) by consulting the solicitor who attends for the purpose of the consultation or who would so attend but for the giving of the direction, but

(b) may instead be exercised by consulting a different solicitor of the detained person's choosing.

(2A) A direction under this paragraph may be given before or after a detained person's consultation with a solicitor has started (and if given after it has started the right to further consult that solicitor ceases on the giving of the direction).

(3) The grounds mentioned in paragraph 16(4) and (7) and in sub-paragraph (2) are—

(a) that it is in the interests of the investigation or prevention of crime;

(b) that it is in the interests of the apprehension, prosecution or conviction of offenders;

(c) that it will further the recovery of property obtained as a result of the commission of an offence or in respect of which a forfeiture order could be made under section 23 or 23A;

(d) that it will further the operation of Part 2 or 3 of the Proceeds of Crime Act 2002 or the Proceeds of Crime (Northern Ireland) Order 1996 (confiscation of the proceeds of an offence).

(4) This sub-paragraph applies where an officer mentioned in paragraph 16(4) or (7) has reasonable grounds for believing that—

(a) the detained person has benefited from his criminal conduct, and

(b) the recovery of the value of the property constituting the benefit will be hindered by—

(i) informing the named person of the detained person’s detention (in the case of an authorisation under paragraph 16(4)), or

(ii) the exercise of the entitlement under paragraph 16(6) (in the case of an authorisation under paragraph 16(7)).

(4A) For the purposes of sub-paragraph (4) the question whether a person has benefited from his criminal conduct is to be decided in accordance with Part 3 of the Proceeds of Crime Act 2002.

(5) Where delay is authorised in the exercising of any of the rights mentioned in paragraph 16(1) and (6)—

(a) if the authorisation is given orally, the person giving it shall confirm it in writing as soon as is reasonably practicable,

(b) the detained person shall be told the reason for the delay as soon as is reasonably practicable, and

18

(1) Paragraphs 16 to 17 shall have effect, in relation to a person detained under section 41 or 43B or Schedule 7, in place of any enactment or rule of law under or by virtue of which a person arrested or detained may be entitled to communicate or consult with any other person.

(2) But, where a person detained under Schedule 7 or section 41 or 43B at a place in Scotland appears to a constable to be a child—

(a) the other person named by the person detained in pursuance of paragraph 16(1) shall be that person’s parent,

(ab) intimation is to be made under paragraph 16(1) whether the person detained requests that it be made or not, and

(ac) section 40 (right of under 18s to have access to other person) of the Criminal Justice (Scotland) Act 2016 applies as if the detained person were a person in police custody for the purposes of that section.

(3) In relation to a person detained under Schedule 7 at a place other than a police station—

(a) sub-paragraph (2), and

(b) section 40 of the Criminal Justice (Scotland) Act 2016 as applied by that sub-paragraph,

apply as if references to a constable included an examining officer.

(4) For the purposes of sub-paragraph (2)—

“child” means a person under 16 years of age,

“parent” includes guardian and any person who has the care of the child mentioned in sub-paragraph (2).

19

The Secretary of State shall, by order, make provision to require that—

(a) except in such circumstances, and

(b) subject to such conditions,

as may be specified in the order, where a person detained has been permitted to consult a solicitor, the solicitor shall be allowed to be present at any interview carried out in connection with a terrorist investigation or for the purposes of Schedule 7.

20

(1) Subject to the modifications specified in sub-paragraphs (2) and (3), section 18 of the Criminal Procedure (Scotland) Act 1995 (procedure for taking certain prints and samples) shall apply to a person detained under Schedule 7 or section 41 at a police station in Scotland as it applies to a person arrested ....

(2) Subject to subsection (2A), a constable may take from a detained person or require a detained person to provide relevant physical data only if—

(a) in the case of a person detained under section 41 of the Terrorism Act 2000, he reasonably suspects that the person has been involved in an offence under any of the provisions mentioned in section 40(1)(a) of that Act and he reasonably believes that the relevant physical data will tend to confirm or disprove his involvement; or

(b) in any case, he is satisfied that it is necessary to do so in order to assist in determining whether the person falls within section 40(1)(b).

(2A) A constable may also take fingerprints from a detained person or require him to provide them if—

(a) he is satisfied that the fingerprints of that person will facilitate the ascertainment of that person’s identity; and

(b) that person has refused to identify himself or the constable has reasonable grounds for suspecting that that person is not who he claims to be.

(2B) In this section references to ascertaining a person’s identity include references to showing that he is not a particular person.’

(3) Subsections (3) to (5) shall not apply, ...

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Destruction and retention of fingerprints and samples etc: United Kingdom

20A

(1) This paragraph applies to—

(a) fingerprints taken under paragraph 10,

(b) a DNA profile derived from a DNA sample taken under paragraph 10 or 12,

(d) a DNA profile derived from a DNA sample taken by virtue of paragraph 20.

(2) Fingerprints, relevant physical data and DNA profiles to which this paragraph applies (“paragraph 20A material”) must be destroyed if it appears to the responsible chief officer of police that—

(a) the taking or providing of the material or, in the case of a DNA profile, the taking of the sample from which the DNA profile was derived, was unlawful, or

(b) the material was taken or provided, or (in the case of a DNA profile) was derived from a sample taken, from a person in connection with that person's arrest under section 41 and the arrest was unlawful or based on mistaken identity.

(3) In any other case, paragraph 20A material must be destroyed unless it is retained under any power conferred by paragraphs 20B to 20E.

(4) Paragraph 20A material which ceases to be retained under a power mentioned in sub-paragraph (3) may continue to be retained under any other such power which applies to it.

(5) Nothing in this paragraph prevents a relevant search, in relation to paragraph 20A material, from being carried out within such time as may reasonably be required for the search if the responsible chief officer of police considers the search to be desirable.

(6) For the purposes of sub-paragraph (5), “a relevant search” is a search carried out for the purpose of checking the material against—

(a) other fingerprints or samples taken under paragraph 10 or 12 or a DNA profile derived from such a sample,

(b) any of the relevant physical data, samples or information mentioned in section 19C(1) of the Criminal Procedure (Scotland) Act 1995,

(c) any of the relevant physical data, samples or information held by virtue of section 56 of the Criminal Justice (Scotland) Act 2003,

(d) material to which section 18 of the Counter-Terrorism Act 2008 applies,

(e) any of the fingerprints, data or samples obtained under paragraph 1 or 4 of Schedule 6 to the Terrorism Prevention and Investigation Measures Act 2011, or information derived from such samples,

(ea) any of the fingerprints, data or samples obtained under or by virtue of paragraph 34 or 42 of Schedule 3 to the Counter-Terrorism and Border Security Act 2019, or information derived from such samples,

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