Circular 006/2022: The Terrorism Act 2000 (Places of Detention) (England and Wales and Scotland) Designation 2022
Published 23 August 2022
Applies to England, Scotland and Wales
© Crown copyright 2022
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23 August 2022
1. The Police, Crime, Sentencing and Courts Act 2022 (“the 2022 Act”) established three new counter-terrorism policing powers: personal and premises search powers, and a power of urgent arrest. These powers were taken in response to recommendations made by Jonathan Hall QC, the Independent Reviewer of Terrorism Legislation, following his independent review of the Multi-Agency Public Protection Arrangements (MAPPA) used to supervise terrorist and terrorist-risk offenders on licence. Mr Hall QC’s review was commissioned by the Home Secretary following the terrorist attack at Fishmongers’ Hall in November 2019.
2. The power of urgent arrest is contained in new section 43B of the Terrorism Act 2000 (“the 2000 Act”), which was inserted by section 184 of the 2022 Act. Section 43B of the 2000 Act confers on the police a new power to arrest without warrant a terrorist offender who has been released on licence if the constable reasonably suspects the offender has breached a condition of their licence and reasonably considers it necessary, for purposes connected with protecting members of the public from a risk of terrorism, to detain the offender until a recall decision is made. Section 43B came into force on 28 June 2022.
3. This circular sets out the places, in England, Scotland and Wales, which the Secretary of State has designated as places at which persons may be detained under section 43B of the 2000 Act.
4. In England, Wales and Scotland, any police station is designated as a place at which persons may be detained under section 43B of the 2000 Act.
Home Office
23 August 2022