Revised code of practice (England, Wales, and Scotland) for the exercise of stop and search powers (accessible)

Question 1

1.     Introduction

Accepted Answer

1.1. The Purpose of this Code:

1.1.1. To set out the basic principles for the use of powers by police ofﬁcers under sections 43, 43A and 43C of the Terrorism Act 2000 and the authorisation and use of powers by police ofﬁcers under section 47A of, and Schedule 6B to, the Terrorism Act 2000.

1.1.2. To promote the fundamental principles to be observed by the police and to preserve the effectiveness of, and public conﬁdence in, the use of police powers to stop and search. If these fundamental principles are not observed, public conﬁdence in the use of these powers to stop and search may be affected. Failure to use the powers in the proper manner also reduces their effectiveness.

1.1.3. To ensure that the intrusion on the liberty of the person stopped and searched is as limited as possible and to clarify that detention for the purposes of a search should take place at or near the location of the stop and last only as long as necessary.

1.1.4. To set out that those using the powers may be required to justify the use of such powers, in relation both to individual searches and the overall pattern of their activity in this regard, to their supervisory ofﬁcers or in court. Any misuse of the powers is likely to be harmful to Counter Terrorism Policing and lead to mistrust of the police. Ofﬁcers must also be able to explain their actions to the member of the public searched. The misuse of these powers can lead to disciplinary action. Proportionate use of the powers can contribute towards the primary purpose of counter-terrorism work: ensuring the safety of the public.

1.1.5. To reiterate guidance found in the Police and Criminal Evidence Act 1984 (PACE)^{[footnote 1]} Code A that ofﬁcers must not search a person, even with his or her consent, where no power to search is applicable^{[footnote 2]}. Even where a person is prepared to submit to a search voluntarily, the person must not be searched unless the necessary legal power exists, and the search must be in accordance with the relevant power and the provisions of this code. The only exception, where an ofﬁcer does not require a speciﬁc power, applies to searches of persons entering sports grounds or other premises carried out with their consent given as a condition of entry.

1.2. Basic Application of this Code:

1.2.1. This code applies to any authorisation or exercise of relevant stop and search powers by a police ofﬁcer, which commences after midnight on the day The Terrorism Act 2000 (Alterations to the Search Powers Code for England and Wales and Scotland) Order 2022 comes into force.

1.2.2. This code of practice is issued under section 47AB of the Terrorism Act 2000.

1.2.3. The effect of this code is set out in section 47AE of the Terrorism Act 2000: constables must have regard to the code and the code is admissible in criminal or civil proceedings (although a breach of the code itself does not make a person liable to any such proceedings).

1.2.4. Powers to stop and search must be used fairly, responsibly, and in accordance with the Equality Act 2010.

1.2.5. Chief Constables and police authorities should have regard to, and act consistently with, this code of practice when discharging a function to which this code relates.

1.2.6. This code of practice must be readily available at all police stations for consultation by police ofﬁcers, police staff, detained persons and members of the public.

1.2.7. This code of practice applies to all police forces in England, Wales and Scotland, including the British Transport Police, the Ministry of Defence Police and the Civil Nuclear Constabulary. It does not apply to police forces in Northern Ireland, which must comply with a separate code of practice.

1.2.8. References to police authorities refer only to police and crime commissioners and police, fire and crime commissioners in England and Wales, the Mayor’s Ofﬁce for Policing and Crime for the Greater London Authority, the City of London Police Authority, the Greater Manchester Combined Authority, and the West Yorkshire Combined Authority, the Scottish Police Authority, the British Transport Police Authority, Civil Nuclear Police Authority and Ministry of Defence Police Committee.

1.2.9. References in this code to the information required in an authorisation refer to a written authorisation or written conﬁrmation of an oral authorisation.

Question 2

2.     Scope of this Code:

Accepted Answer

2.1. Powers of Stop and Search:

2.1.1. This code concerns the:

a) exercise of stop and search powers conferred by sections 43, 43A and 43C of the Terrorism Act 2000; and

b) authorisation and exercise of powers to stop and search in speciﬁed areas or places at speciﬁed times contained in section 47A of, and Schedule 6B to, the Terrorism Act 2000.

2.2. Deﬁnition of Terrorism:

2.2.1. Terrorism is deﬁned by section 1 of the Terrorism Act 2000. In summary the term “terrorism” in the 2000 Act means the use or threat of action where:

the action used or threatened:
- involves serious violence against a person or serious damage to property;
- endangers a person’s life, other than that of the person committing the action;
- creates a serious risk to the health or safety of the public or a section of the public; or
- is designed seriously to interfere with or seriously to disrupt an electronic system.
the use or threat is designed to inﬂuence the government or an international governmental organisation, or to intimidate the public or a section of the public; and
the use or threat is made for the purpose of advancing a political, religious, racial, or ideological cause.

Question 3

3.     Section 43 of the Terrorism Act 2000

Accepted Answer

3.1. Legal Background

3.1.1. Section 43(1) of the Terrorism Act 2000 provides a power for a constable to stop and search a person whom he or she reasonably suspects is a terrorist, to discover whether that person has anything in their possession which may constitute evidence they are a terrorist.

3.1.2. Section 43(2) of the Terrorism Act 2000 provides a power for a constable to search a person arrested under section 41 of that Act to discover whether that person has anything in their possession which may constitute evidence they are a terrorist. It does not require prior reasonable suspicion that such evidence may be found.

3.1.3. There are two powers to stop and search a vehicle with reasonable suspicion. The ﬁrst is under section 43(1), where the ofﬁcer reasonably suspects a person in a vehicle to be a terrorist and stops the vehicle in order to carry out a search. Under section 43(4B), the ofﬁcer may also search the vehicle and anything in it or on it during the course of a search. The second is under section 43A, which provides a power for a constable to stop and search a vehicle which he or she reasonably suspects is being used for the purposes of terrorism, to search the vehicle and its occupants for evidence that it is being used for those purposes.

3.1.4. Given they require reasonable suspicion in order to be exercised, the use of powers under sections 43(1) and 43A should be prioritised for the purposes of stopping and searching individuals for the purposes of preventing or detecting terrorism over the no suspicion stop and search powers under sections 43C and 47A.

3.1.5. Section 43C of the Terrorism Act 2000 provides a power for a constable to search a terrorist offender, who has been released on licence (and not recalled) and whose licence includes a search condition. The constable must be satisfied that it is necessary to do so for purposes connected with protecting members of the public from a risk of terrorism. The constable may conduct the search in any place he or she has access to legally (whether or not it is a place to which the public has access). This power was introduced into the Terrorism Act 2000 through the Police, Crime, Sentencing and Courts Act 2022.

3.1.6. The authorisation of the no suspicion stop and search powers under section 47A should only be considered as a last resort, where reasonable suspicion powers and the section 43C power are considered inadequate, or are not applicable in the case of section 43C, to respond to the threat. Use of the search powers under section 47A should only be made (in a specified area) when the powers in sections 43, 43A and 43C are not appropriate.

3.2. Stopping and Searching Persons and Vehicles under section 43(1)

3.2.1. A police ofﬁcer may stop and search a person under section 43(1) of the Terrorism Act 2000 if they reasonably suspect that the person is a terrorist, to discover whether or not they have in their possession anything which may constitute evidence that they are a terrorist. This power may be used at any time or in any place when the threshold of reasonable suspicion is met. No authorisation is required.

3.2.2. If, when exercising the power to stop a person under section 43(1), a constable stops a vehicle, he or she may search the vehicle, and anything in or on it, under section 43(4B).

3.2.3. A person who is in the same vehicle as someone an ofﬁcer reasonably suspects to be a terrorist may not be searched by virtue of this power, solely on the basis that they are with a person whom an ofﬁcer reasonably suspects is a terrorist. However, anything otherwise in or on the vehicle may be searched to discover whether there is anything that may constitute evidence that the person the ofﬁcer suspects to be a terrorist is a terrorist. The person may only be searched (under section 43(1)) if the ofﬁcer reasonably suspects that they too are a terrorist.

3.2.4. The powers under section 43 to search a person includes the power to search anything that person is carrying with them, such as a bag, container or other object.

3.2.5. For searches of persons under section 43, the statutory requirement for the ofﬁcer to be of the same sex as the persons to be searched has been repealed but where an ofﬁcer of the same sex as the person to be searched is readily available, they should carry out the search. However, if an ofﬁcer of the same sex is not available, searches may be carried out by an ofﬁcer of the opposite sex (see paragraph 3.2.8.). Ofﬁcers should have particular regard to the sensitivities of some religious communities in respect of being searched by a member of the opposite sex.

3.2.6. An officer need not be in uniform to carry out a stop and search of a person under section 43(1). However, in accordance with section 2(9)(b) of PACE, a constable stopping a vehicle under section 43(4A) or section 43A, must be in uniform.

3.2.7. A person can only be required to remove more than an outer coat, jacket or gloves if the search takes place out of public view and is near the place where that person was stopped. Unlike searches authorised under section 47A, a person cannot be required to remove their headgear and footwear in public. This does not, however, prevent an ofﬁcer from placing his or her hand inside the pockets of the outer clothing, or feeling round the inside of collars, socks and shoes if this is considered reasonably necessary in the circumstances to look for the object of the search or to remove and examine any item reasonably suspected to be the object of the search. For the same reasons, subject to the restrictions on the removal of headgear, a person’s hair may also be searched in public.

3.2.8. Where on reasonable grounds it is considered necessary to conduct a more thorough search (e.g. by requiring a person to take off a T-shirt), this must be done out of public view, for example, in a police van or police station if there is one nearby. Any search involving the removal of more than an outer coat, jacket, gloves, headgear or footwear, or any other item concealing identity, should only be conducted by an ofﬁcer of the same sex as the person searched and may not be made in the presence of anyone of the opposite sex unless the person being searched speciﬁcally requests it. If a search involves exposure of intimate parts of the body and a police station is not nearby, particular care must be taken to ensure that the location is suitable in that it enables the search to be conducted in accordance with the requirements of paragraph 11 of Annex A to PACE Code C. However, an intimate search mentioned in Annex A to Code C may not be authorised or carried out under any stop and search powers.

3.3. Stopping and Searching Vehicles under section 43A

3.3.1. Section 43A of the Terrorism Act 2000 allows a constable to stop and search a vehicle which he or she reasonably suspects is being used for the purposes of terrorism, to discover whether there is anything which may constitute evidence that the vehicle is being used for such purposes. The constable may search anything in or on the vehicle or any person (including drivers, crew and passengers) in the vehicle to discover whether there is anything which may constitute evidence that the vehicle is being used for the purposes of terrorism. Section 43A may be used to search unattended vehicles where an ofﬁcer reasonably suspects the vehicle is being used for the purposes of terrorism.

3.3.2. If the ofﬁcer reasonably suspects a person in a vehicle of being a terrorist, but does not suspect the vehicle is being used at that time for the purposes of terrorism, the power under section 43(1) should be used.

3.3.3. The power in section 43A may be used on the basis of information or intelligence about (for example) ownership or user(s) of the vehicle, previous involvement of the vehicle in terrorist or suspected terrorist activity or observation of how the vehicle is being used (for instance, if a vehicle is parked outside a potential target for long periods, or if a vehicle appears to be following a suspicious or repetitive route) or the nature of the vehicle or its contents (for example, if a non-commercial vehicle appears to be carrying gas canisters).

3.3.4. Searches may be undertaken of anything in or on the vehicle, but care should be taken not to damage a vehicle as part of a search, or in the case of an unattended vehicle, in order to gain entry into it.

3.3.5. Vehicles stopped under section 43A and persons in those vehicles may be detained only for as long as is necessary to carry out the searches – at or near the place the vehicle was stopped.

3.4. Reasonable Grounds for Suspicion

3.4.1. Reasonable grounds for suspicion depend on the circumstances in each case. There must be an objective basis for the suspicion (that the person is a terrorist or that the vehicle is being used for the purposes of terrorism) based on relevant facts, information, and/ or intelligence. Reasonable suspicion must rely on intelligence or information about, or behaviour by, the person or vehicle concerned. Unless the police have a description of a suspect, a person’s physical appearance (including any of the “protected characteristics” set out in the Equality Act 2010), cannot be used alone or in combination with each other or with any other factor, as the reason for searching that person. Reasonable suspicion cannot be based on generalisations or stereotypical images of certain groups or categories of people as more likely to be involved in terrorist activity.

3.4.2. Reasonable suspicion may exist without speciﬁc information or intelligence but on the basis of the behaviour of a person. For example, reasonable suspicion that a person is a terrorist may arise from the person’s behaviour at or near a location which has been identiﬁed as a potential target for terrorists.

3.4.3. However, reasonable suspicion should normally be linked to credible and current intelligence or information, such as information describing an article being carried or intelligence about a particular or general threat insofar as it relates to a speciﬁc target or type of potential target. Searches based on credible and current intelligence or information are more likely to be effective.

3.4.4. Searches are more likely to be effective, legitimate, and secure public conﬁdence when reasonable suspicion is based on a range of factors. The overall use of these powers is more likely to be effective when up to date and accurate intelligence or information is communicated to ofﬁcers and they are well-informed about the nature of the terrorist threat, potential targets and ways in which terrorists are known to operate.

3.4.5. An ofﬁcer who has reasonable grounds for suspicion may detain the person concerned in order to carry out a search. Before carrying out a search the ofﬁcer may ask questions, for example, about the person’s behaviour or presence in circumstances which gave rise to the suspicion. As a result of this conversation with the person, the reasonable grounds for suspicion necessary to search may remain or, because of a satisfactory explanation, may be eliminated – in which case no search should be conducted. The conversation may also reveal reasonable grounds to suspect the possession of unlawful articles such as drugs or non-terrorist related articles, in which case a search may be continued using a different, appropriate search power. Reasonable grounds for suspicion however cannot be provided retrospectively by a conversation with the individual or by their refusal to answer any questions asked (see paragraph 3.4.10.).

3.4.6. Where the powers under section 43(1) or 43(4A) and 43(4B) are exercised in Scotland, the ofﬁcer should administer a formal caution at common law prior to conducting the search. Failure to do so may affect the admissibility of statements made in response to anything found as a result of a search.

3.4.7. In some circumstances preparatory questioning may be unnecessary, but in general a brief conversation or exchange will be desirable not only as a means of avoiding unsuccessful searches, but by providing an opportunity to explain the grounds for the stop/search (see paragraph 5.2.1.), to gain co-operation and reduce any tension there might be surrounding the stop/search.

3.4.8. Where a person is lawfully detained for the purpose of a search, but no search takes place, the detention will not be rendered unlawful.

3.4.9. If, as a result of questioning before a search, or because of other circumstances which come to the attention of the ofﬁcer, there ceases to be reasonable grounds for suspecting that the person is a terrorist or the vehicle is being used for the purposes of terrorism, the ofﬁcer may not conduct a search under section 43 or 43A. In the absence of any other lawful power to search or detain, the person is free to leave at will at that stage and must be so informed.

3.4.10. There is no power to stop or detain a person in order to ﬁnd grounds for a search. Police ofﬁcers have many encounters with members of the public which do not involve detaining people. If reasonable grounds for suspicion emerge during such an encounter, the ofﬁcer may search the person, even though no grounds existed when the encounter began. If an ofﬁcer is detaining someone for the purpose of a search, he or she should inform the person as soon as detention begins.

3.4.11. The grounds for stopping and searching a person under section 43 are the same as the grounds for arrest under section 41 of the Terrorism Act 2000: reasonable suspicion that the person is a terrorist. top and search is a less intrusive power than arrest and will be more appropriate in many situations e.g. in encounters with individuals where a stop and search may help to allay suspicions. Stop and search should not be used in any situation where it is more appropriate to arrest or where an ofﬁcer believes it may put him, or members of the public, in danger.

3.5. Stopping and Searching Persons and Vehicles under section 43C

3.5.1. Section 43C of the Terrorism Act 2000 allows a constable to stop and search a terrorist offender, who has been released on licence (and not recalled) and whose licence includes a search condition requiring them to submit to a personal and/or vehicle search, if the constable is satisfied that it is necessary to do so for purposes connected with protecting members of the public from a risk of terrorism. In most cases, the Parole Board will determine whether it is appropriate for the offender, when released, to have this licence condition expressed as part of the conditions of their release. This assessment will be based on a contemporary assessment of the offender’s risk profile i.e. are they judged to represent a high or very high risk to the public. The licence condition can only be applied to offenders where:

they have been convicted of a terrorism^{[footnote 3]} or terrorism-connected^{[footnote 4]} offence; and
based on the most recent risk assessment, the offender on licence poses a high or very high risk of serious harm to the public.

3.5.2. The officer may exercise the power in any place to which he or she lawfully has access (whether or not it is a place to which the public has access).

3.5.3. If a constable, in exercising the section 43C power to stop a terrorist offender, stops a vehicle, then the constable may search the vehicle and anything in or on it for purposes connected with protecting members of the public from a risk of terrorism. Nothing under section 43C(5) confers a power to search any person, but the power to search in that subsection is in addition to the power under section 43C(1) to search a terrorist offender.

3.5.4. The power under section 43C to search a terrorist offender includes the power to search anything carried by the offender, such as a bag, container or other object.

3.5.5. An ofﬁcer need not be in uniform to carry out a stop and search of a person under section 43C. However, in accordance with section 2(9)(b) of PACE, a constable stopping a vehicle under section 43C, must be in uniform.

3.5.6. With regard to clothing that a person can be required to remove when the section 43C power is being exercised, the same parameters set out in paragraphs 3.2.7-3.2.8 of this code of practice apply. For example, a constable exercising the section 43C power may not require a person to remove any clothing in public except for an outer coat, a jacket or gloves.

3.5.7. In accordance with section 43E, a constable may seize anything they find in the course of searching the person or vehicle, if they reasonably suspect that the item is or contains evidence relating to an offence and it is necessary to seize it in order to prevent it being concealed, lost, damaged, altered or destroyed.

3.5.8. Similarly, the constable may seize an item if the constable reasonably believes that it is necessary to do so for the purpose of ascertaining whether the offender has breached a condition of their licence and, if so, whether the breach poses a terrorism risk to the public.

3.5.9. Should a seizure occur, in accordance with section 43E, anything seized may be subjected to tests and/or retained for as long as necessary in all the circumstances. Anything not retained under these conditions may be retained for a maximum period of 7 days beginning with the day after the day on which the item is seized.

3.5.10. If a constable has reasonable grounds for believing that the item is or contains evidence in relation to an offence, it may be retained for use as evidence at a trial for an offence, or for forensic examination, or for investigation in connection with an offence.

3.5.11. If a constable has reasonable grounds for believing that the item has been obtained in consequence of the commission of an offence, it may be retained in order to establish its lawful owner. However, nothing may be retained for these purposes if a photograph or copy would be sufficient for that purpose.

3.5.12. Nothing under section 43E, with respect to seizures conducted during searches under section 43C, affects any power of a court to make an order under section 1 of the Police (Property) Act 1897, which permits making an order for the delivery of the property to the person appearing to the magistrate or court to be the owner thereof.

3.5.13. The personal search will provide the means for the police to conduct assurance checks. Is it envisaged that in the majority of cases this will be to check whether a relevant terrorist offender is in possession of something that could be used or threaten or harm a person; for example a weapon or fake suicide belt.

3.5.14. There may be limited other scenarios in which a personal search may be necessary for purposes connected with protecting members of the public from a risk of terrorism when the offender may be carrying something which is, on the face of it, more innocuous. An example of this might be the necessity to conduct a personal search to check whether the offender is in possession of a mobile phone in violation of their licence conditions. This provides a better means of monitoring risk because a contraband phone such as this would be unlikely to meet any definition of something that ‘could be used to threaten or harm’ but, depending on the offender’s background, might embolden them to have contact with their previous terrorist network, enable access to materials useful to preparing an act of terrorism, provide a route for them to radicalise others, or be used to remotely detonate an explosive device.

Question 4

4.     Authorisations under section 47A

Accepted Answer

4.1. Meeting the Test for Making an Authorisation:

4.1.1. The powers to stop and search under section 47A represent a signiﬁcant divergence from the usual requirement to have reasonable suspicion when exercising stop and search powers. The powers are therefore only exercisable by a constable in uniform in an area where and during a period when an authorisation given by a senior ofﬁcer is in force. The test for authorising section 47A powers is that the senior officer giving it must:

reasonably suspect that an act of terrorism will take place; and
reasonably consider that: the authorisation is necessary to prevent such an act; that the area(s) or place(s) speciﬁed in the authorisation are no greater than is necessary to prevent such an act; and the duration of the authorisation is no longer than is necessary to prevent such an act.

4.1.2. An authorisation under section 47A may only be made by an ofﬁcer of at least the rank of assistant chief constable or, in the case of the Metropolitan and City of London Police, a commander. Authorising ofﬁcers must be either substantive or on temporary promotion to the qualifying rank. Ofﬁcers who are acting in the rank may not give authorisations.

4.1.3. The Secretary of State must be notiﬁed of any authorisation and must conﬁrm any authorisation speciﬁed to exceed 48 hours, if it is to remain in force beyond 48 hours. The Secretary of State has the power to restrict the scope of authorisations, substitute an earlier date or time for the specified date of time or time and substitute a more restricted area or place for the specified area or place. The Secretary of State may cancel an authorisation with effect from a time identified by the Secretary of State.

4.1.4. An authorisation may only be given where there is intelligence or circumstances which lead the authorising ofﬁcer to reasonably suspect that an act of terrorism will take place^{[footnote 5]}. The authorising ofﬁcer must also be satisﬁed that the powers are ‘necessary’ to prevent such an act of terrorism. This will involve an assessment that other powers are not sufﬁcient to deal with the situation. Authorising ofﬁcers should always consider whether it is appropriate to authorise the powers in these circumstances, with regard to:

the safety of the public;
the safety of ofﬁcers; and
the necessity of the powers in relation to the threat.

4.1.5. The following may be taken into account when deciding whether to give an authorisation, but should not form the sole basis of such a decision:

a) there is a general high threat from terrorism (including when the national threat level has been raised to critical);

b) a particular site or event is deemed to be “high risk” or vulnerable.

4.1.6. An authorisation may not be given on the basis that:

a) the use of the powers provides public reassurance;

b) the powers are a useful deterrent or intelligence-gathering tool.

4.1.7. An authorisation should not provide for the powers to be used other than where they are considered necessary to prevent the suspected act of terrorism. Authorisations must be as limited as possible and linked to addressing the suspected act of terrorism. In determining the area(s) or place(s) it is necessary to specify in the authorisation, an authorising ofﬁcer may need to consider the possibility that terrorists may change their method or target of attack, or that there are a number of potential targets. It will be necessary to consider what the appropriate operational response to the intelligence is (e.g. whether to conduct stop and search around suspected target sites or areas or routes which could allow the police to intercept a terrorist or vehicle). However, any authorisations must be as limited as possible and based on an assessment of the existing intelligence and circumstances.

4.1.8. An authorisation may be given which encompasses a number of different places or areas within a police force area (whether those are included in response to the same or different threats), provided the specified area(s) or place(s) is no greater than is necessary to prevent a reasonably suspected act of terrorism. The authorisation must set out the necessity for including each of these areas or places and the necessity for the duration of the authorisation in respect of each area or place.

4.1.9. A new authorisation should be given if there is a signiﬁcant change in the nature of the particular threat (or the authorising ofﬁcer’s understanding of it) which formed the basis of an existing authorisation. In such circumstances it will be appropriate to cancel the earlier authorisation.

4.1.10. The authorisation should also include details of how the exercise of the powers is necessary to prevent the act of terrorism. This means an explanation of how the authorisation will counter the threat i.e. why the stopping and searching of individuals and/or vehicles without suspicion is necessary to prevent the suspected act of terrorism. The consideration of necessity will also involve an assessment of why other measures (in particular the stop and search powers in section 43 of the 2000 Act) are not sufﬁcient to address the threat.

4.1.11. If during the currency of an authorisation, the authorising ofﬁcer no longer reasonably suspects that an act of terrorism of the description given in the authorisation will take place or no longer considers that the powers are necessary to prevent such an act, the authorising ofﬁcer must cancel the authorisation immediately and inform the Secretary of State.

4.1.12. If, during the currency of an authorisation, the authorising ofﬁcer believes that the duration or geographical extent of the authorisation is no longer necessary for the prevention of such an act of terrorism, he or she must substitute a shorter period, or more restricted geographical area. In that instance, the ofﬁcer must inform the Secretary of State but the Secretary of State need not conﬁrm such changes.

4.2. Information in Support of an Authorisation

4.2.1. Authorisations should where practicable, be given in writing. Where an authorisation is given orally, it should be conﬁrmed in writing as soon as reasonably practical after it is given. Written authorisations and written conﬁrmation of oral authorisations should include the information set out in this section and be provided on the form in Annex B.

4.2.2. Intelligence Picture: The authorising ofﬁcer should provide a detailed account of the intelligence which has given rise to their reasonable suspicion that an act of terrorism will take place. This should include classiﬁed material where it exists, which should be provided to the Secretary of State, with the authorisation, by a secure means of communication. References to classiﬁed reporting may be used instead of verbatim reports or quotes, but the reporting referenced must have been considered by the

authorising ofﬁcer in making the authorisation and must be available to the Secretary of State when considering whether to conﬁrm an authorisation.

4.2.3. Geographical Extent: Detailed information should be provided to identify the geographical area(s) or place(s) covered by the authorisation. Where possible, maps of the authorised area should be included. The area authorised should be no wider than necessary. Authorisations which cover entire force areas are not justiﬁable under section 47A and Schedule 6B, unless there are exceptional circumstances which support such an authorisation^{[footnote 6]}.

4.2.4. If an authorisation is one which covers a similar geographical area to one which immediately preceded it, information should be provided as to how the intelligence has changed since the previous authorisation was given, or if it has not changed, that it has been reassessed in the process of providing a new authorisation, and that it remains pertinent, and why.

4.2.5 Duration: The maximum period for an authorisation is 14 days. An authorisation should be given for no longer than necessary and should not be made for the maximum period unless it is necessary based on intelligence about the speciﬁed threat. Justiﬁcation should be provided for the length of an authorisation, setting out why the intelligence supports the amount of time authorised. If an authorisation is one which is similar to another immediately preceding it, information should be provided as to why a new authorisation is justiﬁed and why the period of the initial authorisation was not sufﬁcient. Where different areas or places are speciﬁed within one authorisation, different time periods may be speciﬁed in relation to each of these areas or places – indeed the time period necessary for each will need to be considered and justiﬁed.

4.2.6. 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. An authorisation ceasing to have effect in these terms does not affect the lawfulness of any reliance on it before the end of the period concerned.

4.2.7. Brieﬁng Provided: Information should be provided which demonstrates that all ofﬁcers involved in exercising section 47A powers receive appropriate brieﬁng in the use of the powers, including the provisions of this code, and the reason for the use of the powers on each relevant occasion.

4.2.8. Tactical Deployment: The authorising ofﬁcer should provide information about how the powers will be used and why. The extent to which there are objective factors (see paragraph 4.9.3. for examples) that can be used as a basis for the powers tactical deployment will depend on the intelligence available and will, therefore, vary. Where the intelligence is very limited, ofﬁcers may not be able to use behavioral indicators or information contained in the intelligence and may have to conduct stop and searches in a less targeted way. Constables must not, however, stop and search an individual or vehicle where they consider that there is no possibility of the individual being a terrorist or the vehicle being used for terrorism.

4.2.9. Given the powers are generally being used on the basis of objective factors, constables should consider whether powers requiring reasonable suspicion are more appropriate and should only use the powers conferred by a section 47A authorisation, if they are satisﬁed that they cannot meet a threshold of reasonable suspicion sufﬁcient to use other police powers.

4.3. Successive or Replacement Authorisations

4.3.1. The existence, expiry or cancellation of an authorisation does not prevent the giving of a new authorisation. Once an authorisation is coming to an end, a new authorisation may be given. However, authorising ofﬁcers should remember that the powers under sections 44 to 46 of the Terrorism Act 2000, under which authorisations were made by some forces on a virtually indeﬁnite basis, have been repealed. ‘Rolling’ authorisations (i.e. authorisations made on an indefinite basis) are not permitted under the powers in section 47A of, and Schedule 6B to, the Terrorism Act 2000.

4.3.2. A new authorisation covering the same or substantially the same areas or places as a previous authorisation may be given if the intelligence which informed the initial authorisation has been subject to fresh assessment and the ofﬁcer giving the authorisation is satisﬁed that the test for authorisation is still met on the basis of that assessment. Where a successive authorisation is given, it may be given before the expiry of the existing authorisation, but that existing authorisation should be cancelled.

4.3.3. In the exceptional circumstances where a new authorisation is given in respect of a different threat during the currency of an existing authorisation in that force area, that existing authorisation need not be cancelled if it continues to be necessary.

4.4. Information for Authorising Ofﬁcers

4.4.1. Authorising ofﬁcers should always consider whether giving an authorisation under section 47A is the most appropriate power to use in the circumstances.

4.4.2. An authorisation may be given orally or in writing. If given orally, the authorisation must be conﬁrmed in writing as soon as possible. All authorisations must include the time and date they were given and the time or date of expiry (or, times or dates where more than one area is authorised and where applicable). This must be no later than 14 days from the date on which the authorisation was given. The maximum 14 days may only be authorised where necessary to address the particular threat (see paragraph 4.2.5). An authorisation must specify an end time no later than 23.59hrs on the 14th day after it was given (or if only the date is given, that date must be the 14th day – and the time will be taken as 23:59hrs on that date):

For example, if an authorisation is made at 08.00hrs on 1st November, the speciﬁed end time must be no later than 23.59hrs on 14th November, rather than 07.59hrs on 15th November.

4.4.3. Authorisations have effect during the period beginning at the time when the authorisation is given (whether orally or in writing), and ending with the specified date or at the specified time. The written authorisation, or written conﬁrmation of an oral authorisation, must state the time at which the authorising ofﬁcer gave it. A new authorisation covering a similar area as an existing authorisation may be given before the expiry of the previous one if necessary, to avoid the need to give the subsequent authorisation at the exact time the existing one expires (see paragraphs 4.3.1.– 4.3.3.).

4.4.4. When a section 47A authorisation has been given, the authorising ofﬁcer should ensure that ofﬁcers who will take part in any subsequent stop and search operations are briefed on the fact of the authorisation, its intended use and on the provisions of section 47A and Schedule 6B to the Terrorism Act 2000 and the provisions of this code. Ofﬁcers should also be briefed on the availability of other powers and the circumstances in which these may be more appropriate (see paragraph 4.9.1).

4.4.5. In terms of the requirement to inform the Secretary of State of each authorisation and the requirement for an authorisation to be conﬁrmed by the Secretary of State if it is to last beyond 48 hours, the relevant Secretary of State is the Home Secretary.

4.5. Conﬁrmation within the Home Ofﬁce

4.5.1. Where practicable, an authorising ofﬁcer should inform the Home Ofﬁce that he or she intends to give an authorisation and provide a draft of that authorisation before it is given.

4.5.2. The authorising ofﬁcer must inform the Secretary of State as soon as reasonably practicable once an authorisation under section 47A of the Terrorism Act 2000 has been given. In practice, the police force should aim to have provided the written authorisation to the Home Ofﬁce within two hours of an authorisation being given.

4.5.3. Authorisations remain lawful for up to 48 hours without Secretary of State approval. If the authorisation is not conﬁrmed within a 48 hour period, it ceases to have effect at the end of the 48 hours. If conﬁrmed, the authorisation remains in effect until the expiry time speciﬁed in the authorisation by the authorising ofﬁcer (or an earlier time subsequently substituted by the Secretary of State or a senior ofﬁcer) or until it is cancelled by a senior ofﬁcer or by the Secretary of State.

4.6. Notiﬁcation of Other Police Forces and the Police Authority

4.6.1. Home Ofﬁce and Scottish forces should notify any non-Home Ofﬁce force when an authorisation covers areas for which both forces have a responsibility (i.e. British Transport Police, Ministry of Defence Police or Civil Nuclear Constabulary). Similarly, where an authorisation is given by a senior ofﬁcer in the British Transport Police, the Ministry of Defence Police or the Civil Nuclear Constabulary, the authorising ofﬁcer should notify the Home Ofﬁce or Scottish police force(s) which has responsibility for the police area where the authorisation is given. The authorising ofﬁcer should also notify their relevant police authority^{[footnote 7]}. The authorisation provided to the Home Secretary should include conﬁrmation that both such notiﬁcations (to other police forces and to the relevant police authority) have taken place.

4.7. Short-Term Authorisation – Under Forty-Eight Hours

4.7.1 In the event an authorisation for the use of section 47A powers is given for a period of less than 48 hours the authorising ofﬁcer must inform the Secretary of State of the authorisation as soon as reasonably practicable. Where it is reasonably practicable to do so, the Secretary of State may conﬁrm or cancel the authorisation prior to its expiry.

4.7.2 Where practicable, the authorising ofﬁcer should inform the Secretary of State that he or she intends to make a short-term authorisation in advance of doing so.

4.7.3. The test for a short-term authorisation is the same as an authorisation of longer duration. ‘Rolling’ short-term authorisations are not permitted.

4.8. Internal Waters

4.8.1. For the purposes of the Terrorism Act 2000, the term ‘vehicle’ includes any vessel or hovercraft. And the term ‘driver’ includes the captain or any person in control of the vehicle, or any member of its crew^{[footnote 8]}.

4.8.2. Section 47A authorisations can specify any place or area within a police force area. Police force areas cover inland waters such as lakes, reservoirs and rivers and extend to the low water line at the coast. Police force areas do not cover the sea below the low water line.

4.8.3. Internal waters are deﬁned in detail by the United Nations Convention on the Law of the Sea (UNCLOS); but are typically bays, the estuaries of large rivers and the sea near larger islands. Further information on the extent of internal waters can be obtained by contacting police marine units or the Law of the Sea Division of the United Kingdom Hydrographic Ofﬁce (UKHO), by email at los@ukho.gov.uk or telephone: 01823 484 444. A map indicating the extent of internal waters can be found on their website by following the links to UK Territorial Sea Limits at http://www.ukho.gov.uk.

4.8.4. A section 47A authorisation can cover any internal waters adjacent to the area speciﬁed in the authorisation.

4.8.5. Section 47A powers cannot be authorised in territorial seas that are not internal waters. If ofﬁcers need to stop and search a vessel in UK territorial waters, then other powers should be used.

4.9. Exercising Stop and Search Powers under section 47A

General Use

4.9.1. When exercising section 47A powers, ofﬁcers should have a basis for selecting individuals or vehicles to be stopped and searched. This basis will be set by the tactical brieﬁng on the use of powers described in paragraph 4.2.7. Constables should still consider whether powers requiring reasonable suspicion and/or the section 43C power are more appropriate and should only use the powers conferred by a section 47A authorisation, if they are satisﬁed that they cannot meet the threshold and criteria for the use of other relevant stop and search powers.

4.9.2. Searches conducted under section 47A may be carried out only for the purpose of discovering whether there is anything that may constitute evidence that the vehicle being searched is being used for the purposes of terrorism, or the individual being searched is a terrorist^{[footnote 9]}. The search can therefore only be carried out to look for anything that would link the vehicle or the person to terrorism.

4.9.3. When selecting individuals to be stopped and searched, ofﬁcers should consider the following:

Deciding which power to use – If a section 47A authorisation is in place, the powers conferred by that authorisation may be used as set out in paragraph 4.9.1. above. However, if there is a reasonable suspicion that a person is a terrorist or a vehicle is being used for the purposes of terrorism, then powers requiring reasonable suspicion in section 43 or 43A of the Terrorism Act 2000 should be used as appropriate instead.
Selecting an individual or vehicle using indicators:

a) Geographical extent – What are the geographical limits of the authorisation and what are the parameters within which the brieﬁng allows stops and searches to be conducted?

b) Behaviour – is the person to be stopped and searched acting in a manner that gives cause for concern, or is a vehicle being used in such a manner?

c) Clothing – could the clothing conceal an article of concern, which may constitute evidence that a person is a terrorist?

d) Carried items – could an item being carried conceal an article that could constitute evidence that a person is a terrorist, or a vehicle is being used for the purposes of terrorism?

Explanation – ofﬁcers should be reminded of the need to explain to people why they or their vehicles are being searched.

4.9.4. 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. Officers should be aware of the potential sensitivities that may be involved in the removal of headgear, including sensitivities for religious reasons. Where on reasonable grounds it is considered necessary to conduct a more thorough search then the principles set out in paragraph 3.2.7 of this code of practice shall also apply.

4.10. Brieﬁng and Tasking

4.10.1. Ofﬁcers should use the information provided in a brieﬁng to inﬂuence their decision to stop and search an individual. Ofﬁcers should also be fully briefed on and aware of the differences between searches under sections 43, 43A, 43C and 47A of the Terrorism Act 2000, and the circumstances in which it is appropriate to use these powers.

4.10.2. The stop and search powers under section 47A of the Terrorism Act 2000 should only be used by officers who have been briefed about their use.

4.10.3. Officers should be reminded that other powers of stop and search may be more appropriate to use; and that where that is the case, those alternative powers must be used.

4.10.4. Ofﬁcers should be reminded of the need to record information and provide anyone who is stopped and searched, or whose vehicle is stopped and searched, with written conﬁrmation that the stop and search took place and details of the power used. Accurate recording of information is essential in order to monitor the use of the powers, safeguard against misuse and provide individuals with information about the powers which have been used.

4.10.5. The brieﬁng should make ofﬁcers aware of relevant current information and intelligence including potential threats to locations. Brieﬁngs should be as comprehensive as possible in order to ensure ofﬁcers understand the nature and justiﬁcation of the operation (which will in turn help ofﬁcers to understand what evidence they are looking for in the course of a search), while recognising that it may not be possible or appropriate to communicate highly sensitive intelligence to all ofﬁcers.

4.10.6. Ofﬁcers should be reminded of the grounds for exercising the powers i.e. only for the purpose of discovering whether there is anything that may constitute evidence that the vehicle being searched is being used for the purposes of terrorism, or the individual being searched is a terrorist. The purpose of the search must therefore be to look for items which connect the vehicle or individual being searched to terrorism, rather than generally for items which could be used (e.g. by another individual in different circumstances) in connection with terrorism.^{[footnote 10]}

4.10.7. Brieﬁngs should also provide ofﬁcers with a form of words that they can use when explaining the use of stop and search powers under section 47A of the Terrorism Act 2000. Ofﬁcers should be reminded at the brieﬁng of the importance of providing the public with as much information as possible about why the stop and search is being undertaken. The following list can help ofﬁcers to explain the use of the powers when dealing with the public:

the power that is being used and the fact that an authorisation is in place;
that the powers conferred by section 47A can be exercised without reasonable suspicion;
what the operation is seeking to do, e.g. to prevent terrorist activity in response to a speciﬁc threat;
why the person or vehicle was selected to be searched; and
what entitlements the person has.

4.10.8. It may also be useful to issue ofﬁcers with an aide-memoire of search powers in relation to terrorism.

4.10.9. In order to demonstrate that the powers are used appropriately and proportionately, the brieﬁng process must be robust and auditable. All ofﬁcers involved in the process should be reminded that they are fully accountable in law for their own actions. For further information on brieﬁng, see the College of Policing’s Authorised Professional Practice on Briefing and Debriefing.

4.10.10. Ofﬁcers should be given clear instructions about where, when and how they should use their powers. If a section 47A authorisation is in place, ofﬁcers should be clearly tasked so that the power is used appropriately and proportionately. For further information see the College of Policing’s Authorised Professional Practice on Intelligence Management.

4.10.11. There may be exceptional circumstances where it is impractical to brief ofﬁcers before they are deployed. Where this occurs, supervisors should provide ofﬁcers with a brieﬁng as soon as possible after deployment.

4.11. Avoiding Discrimination

4.11.1. The Equality Act 2010 makes it unlawful for police ofﬁcers to discriminate against, harass or victimise any person on the grounds of age, disability, gender reassignment, race, religion or belief, sex, sexual orientation, marriage or civil partnership, pregnancy or maternity in the discharge of their powers. When police forces are carrying out their functions they also have a duty to have due regard to the need to eliminate unlawful discrimination, harassment and victimisation, to advance equality of opportunity, and to foster good relations.

4.11.2. Racial or religious proﬁling is the use of racial, ethnic, religious or other stereotypes, rather than individual behaviour or speciﬁc intelligence, as a basis for making operational or investigative decisions about who may be involved in criminal activity.

4.11.3. Ofﬁcers should take care to avoid any form of racial or religious proﬁling when selecting people to search under section 47A powers. Proﬁling in this way may amount to an act of unlawful discrimination, as would selecting individuals for a search on the grounds of any of the other protected characteristics listed in paragraph 4.11.1. Proﬁling people from certain ethnicities or religious backgrounds may also lose the conﬁdence of communities.

4.11.4. Great care should be taken to ensure that the selection of people is not based solely on ethnic background, perceived religion or other protected characteristic. A person’s appearance or ethnic background will sometimes form part of a potential suspect’s description, but a decision to search a person should be made only if such a description is available.

4.11.5. Following the failed attacks on the London Underground on 21 July 2005, for example, the approximate age and visible ethnicity of the suspects were quickly identiﬁed but little else was immediately known about them. In similar circumstances it may be appropriate to focus searches on people matching the descriptions of the suspects.

4.11.6. Terrorists can come from any background; there is no proﬁle for what a terrorist looks like. In recent years, criminal acts motivated by terrorism and aimed against people in the United Kingdom have been carried out or attempted by White, Black and Asian British citizens.

4.12. Health and Safety

4.12.1. When undertaking any search, ofﬁcers should always consider their own safety and the health and safety of others. Ofﬁcers should have an appropriate level of personal safety training and be in possession of personal protective equipment. Ofﬁcers carrying out searches should use approved tactics to keep themselves and the public safe. For further information on personal safety training, see ACPO Guidance on Personal Safety Training.

4.12.2. If, during the course of a stop and search, there is a suspicion that a person is in possession of a hazardous device or substance, an ofﬁcer should immediately request the assistance of ofﬁcers appropriately trained and equipped to deal with the situation. For further information, refer to local force policy and the College of Policing’s Authorised Professional Practice on Armed Policing.

4.13. Photography/Film

4.13.1. It is important that police ofﬁcers are aware, in exercising their counter-terrorism powers, that:

a) members of the public and media do not need a permit to ﬁlm or photograph in public places;

b) it is not an offence for a member of the public or journalist to take photographs/ ﬁlm of a public building; and

c) the police have no power to stop the ﬁlming or photographing of incidents or police personnel.

4.13.2. Police ofﬁcers can under section 47A stop and search someone taking photographs/ ﬁlm within an authorised area just as they can stop and search any other member of the public in the proper exercise of their discretion in accordance with the legislation and provisions of this code (see paragraph 4.9.3.). An authorisation itself does not prohibit the taking of photographs or digital images.

4.13.3. Further guidance on the use of counter-terrorism powers and photography can be found on police websites.

4.13.4. On the rare occasion that an ofﬁcer reasonably suspects that photographs/ﬁlm are being taken as part of hostile terrorist reconnaissance, a search under section 43(1) of the Terrorism Act 2000 or an arrest should be considered. Whilst terrorists may undertake hostile reconnaissance as part of their planning and this could entail the use of a camera or video equipment, it is important that police ofﬁcers do not automatically consider photography/ﬁlming as suspicious behaviour. The size of the camera/video equipment should not be considered as a risk indicator.

4.13.5. Film and memory cards may be seized as part of the search if the ofﬁcer reasonably suspects they are evidence that the person is a terrorist, or a vehicle is being used for the purposes of terrorism, but ofﬁcers do not have a legal power to delete images or destroy ﬁlm. Cameras and other devices should be left in the state they were found and forwarded to appropriately trained staff for forensic examination. The person being searched should never be asked or allowed to turn the device on or off because of the danger of evidence being lost or damaged.

4.13.6. Seizures of cameras etc. may only be made, following a stop and search, where the ofﬁcer reasonably suspects that they constitute evidence that the person is a terrorist or that the vehicle is being used for the purposes of terrorism as the case may be.

4.14. Seizure of Items

4.14.1. An ofﬁcer may seize and retain anything which he or she discovers in the course of a search and reasonably suspects may constitute evidence that the person concerned is a terrorist within the meaning of section 40(1) of the Terrorism Act 2000 or the vehicle concerned is being used for the purposes of terrorism.

4.14.2. Anything seized may be retained for as long as necessary in all the circumstances. This includes retention for use as evidence at a trial for an offence.

4.14.3. A record should be made of any item seized or retained and made available with a copy of the record of the stop and search (see sections 5.3. and 5.4.). If reasonable suspicion ceases to apply, the item should be returned to the individual from whom it was seized, or the person in charge of the vehicle from which it was seized unless there are other grounds for retaining it (e.g. in respect of the investigation of a separate offence). If there appears to be a dispute over the ownership of the article, it may be retained for as long as necessary to determine the lawful owner.

Question 5

5.     General

Accepted Answer

5.1. Conduct of Stops and Searches

5.1.1. All stops and searches must be carried out with courtesy, consideration and respect for the person concerned. Individuals who understand the reason for being stopped and searched are more likely to have a positive experience of an encounter. This has a signiﬁcant impact on public conﬁdence in the police. Every reasonable effort must be made to minimise the embarrassment that a person being searched may experience. The co-operation of the person to be searched must be sought in every case, even if the person initially objects to the search. A forcible search may be made only if it has been established that the person is unwilling to co-operate or resists. Reasonable force may be used as a last resort if necessary to conduct a search or to detain a person or vehicle for the purposes of a search.

5.1.2. The Children Act 2004, section 11^{[footnote 11]}, also requires chief police officers and other specified persons and bodies to ensure that in the discharge of their functions they have regard to the need to safeguard and promote the welfare of all persons under the age of 18.

5.1.3. The length of time for which a person or vehicle may be detained must be reasonable and kept to a minimum. The search must be carried out at or near the place where the person or vehicle was ﬁrst stopped. A person or vehicle may be detained under the stop and search powers at a place other than where the person or vehicle was ﬁrst stopped, only if that place, be it a police station or elsewhere, is nearby. Such a place should be located within a reasonable travelling distance using whatever mode of travel (on foot or by vehicle) is appropriate.

5.2. Steps to be Taken Prior to a Search

5.2.1. Before any search of a detained person or attended vehicle takes place the ofﬁcer must take reasonable steps to give their identiﬁcation number and name of police station (see paragraph 5.3.1.) to the person to be searched or to the person in charge of the vehicle to be searched and to give that person the following information:

a) that they are being detained for the purposes of a search;

b) the legal search power which is being exercised; and

c) a clear explanation of:

(i) in the case of section 43 and 43A, the object of the search (i.e. to search for evidence that the person is a terrorist or that a vehicle is being used for the purposes of terrorism) and the grounds for suspicion;

(ii) in the case section 47A of the Terrorism Act 2000, the nature of the power, the fact an authorisation has been given and a brief explanation of why individuals are being stopped and searched; or

(iii) in the case of section 43C, the nature of the power, the fact the offender’s licence includes a search condition, and the officer being satisfied that it is necessary to conduct the search for purposes connected with protecting members of the public from a risk of terrorism.

d) that they are entitled to a copy of the record of the search if one is made if they ask within three months from the date of the search^{[footnote 12]} and that:

(i) if they are not arrested and taken to a police station as a result of the search and it is practicable to make the record on the spot, then immediately after the search is completed they will be given (subject to being called to an incident of higher priority (see paragraphs 5.3.1. – 5.3.3.)) if they request, either:

a copy of the record, or
a receipt which explains how they can obtain a copy of the full record or access to an electronic copy of the record.^{[footnote 13]}

(ii) if they are arrested and taken to a police station as a result of the search, that the record will be made at the station as part of their custody record and they will be given, if they request, a copy of their custody record which includes a record of the search as soon as practicable whilst they are at the station.

5.2.2. A person who is not provided with an immediate copy of a stop and search record may request a copy within three months of being stopped and searched. In addition, a person is also entitled, on application, to a written statement that they were stopped by virtue of the powers conferred by section 47A(2) or (3), if requested within 12 months of the stop taking place.

5.2.3. If the person to be searched, or person in charge of a vehicle to be searched, does not appear to understand what is being said, or there is any doubt about the person’s ability to understand English, the ofﬁcer must take reasonable steps to bring information regarding the person’s rights to his or her attention. If the person is deaf or cannot understand English and is accompanied by someone, then the ofﬁcer may try to establish whether that person can interpret or otherwise help the ofﬁcer to give the required information^{[footnote 14]}. This does not preclude an ofﬁcer from conducting a search once he or she has taken reasonable steps to explain the person’s rights. In some situations forces should consider having information leaﬂets produced in languages other than English.

5.3. Recording Requirements

Searches which do not result in an arrest

5.3.1. When an ofﬁcer carries out a search under sections 43(1), 43A, 43C or in the exercise of powers conferred by an authorisation under section 47A and the search does not result in the person searched or person in charge of the vehicle searched, being arrested and taken to a police station, a record must be made of it at the time, electronically or on paper, unless there are circumstances which make this wholly impracticable (see paragraph 5.2.1.d) and section 5.3.3.). If a record is not made at the time of the stop and search, the ofﬁcer must make the record as soon as practicable after the search is completed. There may be situations in which it is not practicable to obtain the information necessary to complete a record, but the ofﬁcer should make every reasonable effort to do so. If it is not possible to complete a record in full, an ofﬁcer must make every reasonable effort to at least record details of the date, time and place where the stop and search took place, the power under which it was carried out and the ofﬁcer’s identiﬁcation number.

5.3.2. If the record is made at the time, the person who has been searched or who is in charge of the vehicle that has been searched must be asked if they want a copy of the record and if they do, they must (subject to paragraph 5.3.3.) be given immediately, either:

(i) a copy of the record, or

(ii) a receipt which explains how they can obtain a copy of the full record or access to an electronic copy of the record.

5.3.3. An ofﬁcer is not required to provide a copy of the full record or a receipt at the time if they are called to an incident of higher priority.

5.3.4. In situations where it is not practicable to provide a written copy of the record or immediate access to an electronic copy of the record or a receipt at the time, the ofﬁcer should give the person details of the police station at which they may request a copy of the record.

Searches which result in an arrest

5.3.5. If a search in the exercise of any power to which this Code applies results in a person being arrested and taken to a police station, the ofﬁcer carrying out the search is responsible for ensuring that a record of the search is made as part of their custody record. The custody ofﬁcer must then ensure that the person is asked if they want a copy of the record and if they do, that they are given a copy as soon as practicable.

5.4. Record of Search

5.4.1. The record of a search must always include the following information:

a) A note of the self deﬁned ethnicity, and, if different, the ethnicity as perceived by the ofﬁcer making the search, of the person searched or of the person in charge of the vehicle searched (as the case may be) (see paragraph 5.4.2.);

b) The date, time and place the person or vehicle was searched;

c) The object of the search;

d) In the case of:

(i) the powers under section 47A of the Terrorism Act 2000, the nature of the power, the fact an authorisation has been given and the reason the person or vehicle was selected for the search;

(ii) the powers under section 43 and 43A, the grounds for suspicion;

(iii) the powers under section 43C, the nature of the power, the fact the offender’s licence includes a search condition, and the officer being satisfied that it is necessary to conduct the search for purposes connected with protecting members of the public from a risk of terrorism.

e) the ofﬁcer’s warrant number or other identiﬁcation number (see paragraph 5.4.4.).

5.4.2. Ofﬁcers should record the self-deﬁned ethnicity of every person stopped according to the categories used in the 2001 census question listed at Annex A. The person should be asked to select one of the ﬁve main categories representing broad ethnic groups and then a more speciﬁc cultural background from within this group. An additional “Not stated” box is available but should not be offered to respondents explicitly. Ofﬁcers should be aware and explain to members of the public, especially where concerns are raised, that this information is required to obtain a true picture of stop and search activity and to help improve ethnic monitoring, eliminate any discriminatory practice, and promote effective use of the powers. If the person gives what appears to the ofﬁcer to be an “incorrect” answer (e.g. a person who appears to be white states that they are black), the ofﬁcer should record the response that has been given and then record their own perception of the person’s ethnic background by using the PNC classiﬁcation system.

5.4.3. For the purposes of completing the search record, there is no requirement to record the name, address and date of birth of the person searched or the person in charge of a vehicle which is searched and the person is under no obligation to provide this information^{[footnote 15]}. An ofﬁcer may remind a person that providing these details will ensure that the police force is able to provide information about the stop and search in future should the person request that information (see paragraphs 5.2.1.d) and 5.2.2.) or if it is otherwise required.

5.4.4. The names of police ofﬁcers are not required to be shown on the search record in the case of operations linked to the investigation of terrorism or otherwise where an ofﬁcer reasonably believes that recording names might endanger the ofﬁcers. In such cases (including in relation to section 47A searches) the record must show the ofﬁcers’ warrant or other identiﬁcation number and duty station.

5.4.5. A record is required for each person and each vehicle searched. However, if a person is in a vehicle and both are searched, and the object and grounds of the search are the same, only one record need be completed. If more than one person in a vehicle is searched, separate records for each search of a person must be made. If only a vehicle is searched, the self-deﬁned ethnic background of the person in charge of the vehicle must be recorded, unless the vehicle is unattended.

5.4.6. The record of the grounds for making a search must, brieﬂy but informatively, explain the reason for suspecting the person concerned, by reference to the person’s behaviour and/ or other circumstances, or, in the case of searches under sections 43C or 47A, the reason why a particular person or vehicle was selected.

5.4.7. After searching an unattended vehicle, or anything in or on it, an ofﬁcer must leave a notice in it (or on it, if things on it have been searched without opening it) recording the fact that it has been searched.

5.4.8. The notice must include the name of the police station to which the ofﬁcer concerned is attached and state where a copy of the record of the search may be obtained and how (if applicable) an electronic copy may be accessed and where any application for compensation should be directed.

5.4.9. The vehicle must, if practicable, be left secure.

5.5. Monitoring and Supervising the Use of Stop and Search Powers

5.5.1. Supervising ofﬁcers must monitor the use of stop and search powers. They should consider in particular whether there is any evidence that they are being exercised on the basis of stereotyped images or inappropriate generalisations. Supervising ofﬁcers should satisfy themselves that the practice of ofﬁcers under their supervision in stopping, searching and recording is fully in accordance with this code. Supervisors must also examine whether the records reveal any trends or patterns which give cause for concern, and if so take appropriate action to address this.

5.5.2. Supervision and monitoring must be supported by the compilation of comprehensive statistical records of stops and searches at force, area and local level. Any apparently disproportionate use of the powers by particular ofﬁcers or groups of ofﬁcers or in relation to speciﬁc sections of the community should be identiﬁed and investigated. Statistical data on the use of the powers should be provided quarterly (in arrears) to the Home Ofﬁce.

5.5.3. In order to promote public conﬁdence in the use of the powers, forces in consultation with police authorities must make arrangements for the records to be scrutinised by representatives of the community, and to explain the use of the powers at a local level. Arrangements for public scrutiny of records should take account of the right to conﬁdentiality of those stopped and searched.

5.6. Use of Powers by PCSOs (England & Wales only)

5.6.1. Under the Police Reform Act 2002, Police Community Support Ofﬁcers (PCSOs) may (where an authorisation is in place) search vehicles and anything carried by individuals under section 47A, provided they have been designated under the 2002 Act by their chief constable, and that they are in the company of a constable who is supervising them. PCSOs may not, however, search people or people’s clothing under the section 47A powers. PCSOs can stop:

any pedestrian, and any vehicle;

and search:

anything carried by a pedestrian, any vehicle, anything carried by a driver or passenger, and anything on or in a vehicle.

5.6.2. Authorising ofﬁcers may consider whether to include PCSOs within a stop and search operation authorised by section 47A. If PCSOs are to use the powers available, they should be properly briefed on the limitations set out in this section, as well as being briefed on the appropriate use of the powers.

Question 6

6.     Community Engagement

Accepted Answer

6.1. Community Engagement

6.1.1. Stop and search is one of the ways in which the police can protect communities from terrorism. Ongoing community engagement is essential in improving relationships with the community and can help to:

a) increase conﬁdence in the Police Service through a greater understanding of why the powers of stop and search are needed and the reasons for their use;

b) improve public reassurance;

c) increase the ﬂow of information and intelligence from the community to the Police Service, which can help to assist with investigations and, ultimately, the prevention of terrorist activity; and

d) minimise any possible negative impact of police activities within communities.

6.1.2. Police forces may, for example, use existing community engagement arrangements. However, where stop and search powers affect sections of the community with whom channels of communication are difﬁcult or non-existent, these should be identiﬁed and put in place. For example, if section 47A authorisations have primarily been made around transport hubs, effort should be made to engage people using those hubs.

6.1.3. When planning a counter-terrorism search operation, police authorities, and the local CONTEST prevent strategic partnership should be involved at the earliest opportunity to provide advice and assistance in identifying mechanisms for engaging communities. For further information on the government’s counter-terrorism strategy, see https://www.gov.uk/government/collections/contest.

6.1.4. If a force has a ‘PREVENT’ lead ofﬁcer they should be engaged with the planning process. Police forces may also consider using the media to inform and reassure the community. Note: Use of the media is not an alternative to community consultation.

6.1.5. Other stakeholders that the Police Service should consider engagement with include:

(i) Community Safety Partnerships (CSPs);

(ii) Local Criminal Justice Boards (LCJBs);

(iii) Local Strategic Partnerships (LSPs); and

(iv) Neighbourhood Panels.

6.2 Retrospective and Ongoing Engagement

6.2.1. The stop and search powers under section 47A of the Terrorism Act 2000 are only for use in circumstances where the authorising ofﬁcer reasonably suspects an act of terrorism will take place and it will not always be possible to carry out community engagement prior to authorisation. In these circumstances, police forces should carry out a retrospective review of the use of the powers, including the stakeholders above.

6.2.2. Police forces should continue to monitor the use of section 47A powers for the duration of an authorisation, both in discussion with community representatives and by explaining how and why the powers are being used to individuals who are stopped and searched.

6.2.3. Ofﬁcers should be ready to explain to individuals why the powers are in place, insofar as this can be communicated without disclosing sensitive intelligence or causing undue alarm. Stop and search operations should form part of wider counter-terrorism policing, and public awareness of the powers should be considered as part of any wider communications strategy associated with an operation.

6.3 The Role of Police Authorities

6.3.1. Police authorities continue to have a role in working with their local force to build community conﬁdence in the appropriate use of stop and search (see paragraph 1.2.8 for what the term ‘police authorities’ refers to for the purposes of this code).

6.3.2. Where section 47A searches under the Terrorism Act 2000 have been carried out in a particular police force area, the relevant police authority may review the use of these powers by that force. For searches carried out within the metropolitan police district, the Mayor’s Ofﬁce for Policing and Crime for the Greater London Authority may review the use of these powers. Such a review may focus on supervision, brieﬁng and analysis of the statistics recorded. This review may also involve members of the community.

Question 7

Annex A - Self-defined ethnic classification categories

Accepted Answer

White		W
A.	White - British	W1
B.	White - Irish	W2
C.	Any other White background	W9

Mixed		WM
D.	White and Black Caribbean	M1
E.	White and Black African	M2
F.	White and Asian	M3
G.	Any other Mixed Background	M9

Mixed		WM
H.	Asian - Indian	A1
I.	Asian - Pakistani	A2
J.	Asian - Bangladeshi	A3
K.	Any other Asian background	A9

Black / Black - British		B
L.	Black - Caribbean	B1
M.	Black African	B2
N.	Any other Black background	B9

Mixed		WM
O.	Chinese	01
P.	Any other	09

NS

Question 8

Annex B - Authorisation forms

Accepted Answer

CTP NOC Reference Number:

Authorisation to Stop and Search – Section 47A of the Terrorism Act 2000

[To be conﬁrmed by the Secretary of State within 48 hours of time of authorisation]

Forces should retain a completed copy of this form for their own records

Note 1: Where practicable, draft authorisations should be made available to the Home Ofﬁce before they are made by the authorising ofﬁcer. Where it is not practicable to do so, authorisations should be forwarded immediately after they are made.

Note 2: When conﬁrming an authorisation, the Secretary of State may:

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

b) substitute a more restricted area or place for the speciﬁed area or place (including removing any speciﬁed area or place where more than one has been speciﬁed)^{[footnote 16]}.

The Secretary of State may cancel an authorisation with effect from a time identiﬁed by the Secretary of State^{[footnote 17]}.

1) Name of Force and Authorising Ofﬁcer:

Force:

Authorising Ofﬁcer:

Name: Rank

2) Police Force Contact and Telephone Number:

3) Authorisation given under:

(Please see Explanatory Notes for details).

Section 47A(2) (vehicles) (please tick) [ ]

Section 47A(3) (pedestrians) (please tick) [ ]

4) Meeting the test:

An authorisation under section 47A may only be given where the authorising ofﬁcer reasonably suspects that an act of terrorism will take place, and considers the authorisation is necessary to prevent such an act, and that the speciﬁed area(s) or place(s) are no greater and the duration of the authorisation is no longer than necessary to prevent such an act.

The authorising ofﬁcer should also conﬁrm that they are satisﬁed that the authorisation complies with the legislative test and the provisions of the Code of Practice and should provide a summary below to that effect (please see Explanatory Notes for more detail).

5) Suspected act of terrorism:

Provide a detailed account of the intelligence which has given rise to reasonable suspicion that an act of terrorism will take place (expanding on the summary in Section 4). This should include classiﬁed material where it exists, which should be provided to the Secretary of State, and which may be annexed to this form (please see Explanatory Notes for more details).

6) Successive authorisations:

If an authorisation is one that covers a similar geographical area or place to one immediately preceding it, this must be noted here. And information must be provided as to how the intelligence has changed, or if it has not changed, as to how it has been reassessed and remains pertinent (please see Explanatory Notes for more details).

7) Necessity for use of section 47A powers:

Explain how the use of section 47A powers is considered an appropriate and necessary response to the circumstances and why other measures, in particular stop and search powers under s.43 of the Terrorism Act 2000, are not considered sufﬁcient (please see Explanatory Notes for more details).

8) Description of Area(s) or Place(s) where powers to be available:

The area(s) or place(s) speciﬁed in which the powers are authorised must be “no greater than is necessary” and should be identiﬁed and described in comprehensive detail. A map must be provided with sufﬁcient detail to allow identiﬁcation of the area(s) or place(s) covered by the authorisation. An authorisation which covers an entire force area should not be made unless there are exceptional reasons for doing so and it can be shown to be necessary.^{[footnote 18]}

Explain why the powers are considered necessary in that area(s) or place(s) (please see Explanatory Notes for more details).

Confirmation that map(s) of area(s) or place(s) within force area are attached (please tick) [ ]

Description of area(s) or place(s)

Description of why powers are considered necessary in area(s) or place(s)

9) Duration of Authorisation:

The duration of an authorisation should be “no longer than is necessary” and not for the maximum 14 days unless this is necessary.

For the purposes of calculating a 14 day period, the day on which an authorisation is given is deemed to constitute a full day, regardless of the time at which the authorisation is given. For example, an authorisation given at 08.00hrs on 1 November must end no later than 23.59hrs on 14 November. It cannot run until 07.59hrs on 15 November.

If the authorisation is for more than one area or place, then each area must be identiﬁed and an end date / time speciﬁed (please see Explanatory Notes for details).

Start date:

Start time:

End date or time:

Number of days:

End date or time (for second area if applicable):

Number of days:

End date or time (for third area if applicable):

Number of days

10) Necessity for the duration of the authorisation:

Explain why the use of section 47A powers is considered necessary for the area(s) or place(s) for the duration of the authorisation (please see Explanatory Notes for more details).

11) Practical Implementation of powers:

Set out information about how the powers will be used and why, including:

Whether and how ofﬁcers will be briefed about the use of s.47A before its use. All ofﬁcers involved in exercising s.47A powers should receive appropriate brieﬁng on the use of the powers (as set out in the Code of Practice) (please see Explanatory Notes for more details).
The extent to which stops and searches will be carried out on the basis of objective indicators supported by intelligence (e.g. behavioural indicators, appearance, items being carried etc). In certain circumstances there may be very limited objective indicators upon which to guide the use of the power (for example the intelligence does not indicate the age, sex, appearance of the suspect). The tactical use of the powers must, however, only be used within the parameters set down in the authorisation.

12) Community engagement:

Provide an account of the steps that have been, or will be, taken to engage those communities that have been or will be affected by the authorisation. Where it has not been possible or appropriate to carry out community engagement prior to authorisation, a retrospective review of the use of the powers should be carried out (please see Explanatory Notes for details).

13) Other Police forces (1):

On giving an authorisation, the authorising ofﬁcer for any Home Ofﬁce or Scottish police force should notify any non-Home Ofﬁce force whose force area overlaps with the area(s) or place(s) speciﬁed by the authorisation (i.e. British Transport Police, Ministry of Defence Police, or Civil Nuclear Constabulary).

Force covered (including contact name):

Date of notification:

14) Other Police forces (2):

On giving an authorisation, the authorising ofﬁcer for the British Transport Police, Ministry of Defence Police or Civil Nuclear Constabulary should notify the Home Ofﬁce or Scottish police force(s) which has responsibility for the police area in which the area(s) or place(s) speciﬁed in the authorisation are located.

Force covered (including contact name):

Date of notification:

15) Police Authority notiﬁcation:

On giving an authorisation, the authorising ofﬁcer should notify the relevant police authority for their force (please see Explanatory Notes for details).

Date police authority notified:

PA contact:

16) Authorising Ofﬁcer:

An authorising ofﬁcer must hold, on a substantive or temporary basis, at least the rank of assistant chief constable or, in the case of the Metropolitan and City of London Police, a commander. Ofﬁcers acting in these ranks may not authorise the use of section 47A powers (please see Explanatory Notes).

Authorisation given under section 47A(2) (please tick) [ ]

Authorisation given under section 47A(3) (please tick) [ ]

Time Signed. . . . . . . . . . . .

Date Signed. . . . . . . . . . . .

Signature. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Print Name and Rank . . . . . . . . . . . . . . . . . . . . . .

17) Oral authorisation:

If the authorisation was given orally ﬁrst, please indicate below at what time it was given (and see section 16 above which provides the time and date of subsequent written conﬁrmation) (please see Explanatory Notes).

Date of oral confirmation:

Time of oral confirmation:

Authorising Officer (Name and Rank):

18) (If applicable) Senior Ofﬁcer Cancellation / Amendment:

If at any stage during an authorisation the authorising ofﬁcer ceases to be satisﬁed that the test for making the authorisation is met, they must cancel the authorisation immediately and inform the Secretary of State.

A senior ofﬁcer may also amend an authorisation by reducing the geographical extent of the authorisation or the duration^{[footnote 19]} or by changing the practical implementation of the

powers. Where an authorisation is so amended, the Secretary of State must be informed (via the CTP NOC).

Cancellation / Amendment

Signature. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Print Name/Rank . . . . . . . . . . . . . . . . . . . . . . . . .

Time Signed. . . . . . . . . . . .

Date Signed. . . . . . . . . . . .

Details of cancellation / amendment

Notification to CTP NOC

Date . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Time . . . . . . . . . . . . . . . . . . . . . . . .

Police force contact . . . . . . . . . . . . . . . . . . . . . . .

CTP NOC contact . . . . . . . . . . . . . . .

19) Ministerial Conﬁrmation / Amendment / Cancellation:

An authorising ofﬁcer must not assume Ministerial conﬁrmation of an authorisation speciﬁed to last longer than 48 hours has been obtained until formally notiﬁed by the Counter Terrorism Policing National Operations Centre (CTP NOC). Details of Ministerial conﬁrmation/cancellation/ amendment should be recorded by the Home Office below, and passed to the CTP NOC.

The Secretary of State may cancel an authorisation from a time identiﬁed. The Secretary of State may also, when conﬁrming an authorisation, substitute an earlier end date or time or a more restricted area for the authorisation (including the removal of any speciﬁed area(s) or place(s)).^{[footnote 20]}

Date of confirmation:

Time of confirmation

Written (Confirmation) (please tick) [ ]

Oral (Confirmation) (please tick) [ ]

Date of cancellation:

Time of cancellation:

Written (Cancellation) (please tick) [ ]

Oral (Cancellation) (please tick) [ ]

Substituted end date:

Substituted end time:

Substituted area / place (see below):

Details of amendment on confirmation/cancellation:

Name of Minister:

Date & Time CTP NOC notified by the Home Office:

Date: Time:

Date & Time force notified by CTP NOC:

Date: Time:

Forces should retain a completed copy of this form for their own records

Summary of use of s.47A Powers during any previous authorisation – [FORCE AREA]

(Please see Explanatory Notes for details)

Dates (from – to):

Action	Pedestrians	Vehicles			Ethnicity ^{[footnote 21]}
		Vehicles (unattended)	Vehicles & Drivers	Passengers	White	Black	Asian	Chinese/ other
Stops / searches
Terrorism Act Arrests ^{[footnote 22]}
Other Arrests
Charges
Property Recovered

Comments: where possible to include analysis of the extent of use of the powers during any previous authorisation.

Explanatory Notes to Authorisation of Stop and Search under s.47A of the Terrorism Act 2000

Authorisation given under

An authorisation may be given under Section 47A (2) and/or 47A(3), i.e. in respect of vehicles and/or pedestrians. An authorisation under subsection (2) authorises any constable in uniform to stop a vehicle in the speciﬁed area or place 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.

An authorisation under subsection (3) 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.

Meeting the test

The test for giving an authorisation under section 47A is that the person giving it: must reasonably suspect that an act of terrorism will take place and consider that the powers are necessary to prevent such an act and that the area(s) or place(s) speciﬁed in the authorisation are no greater than is necessary and the duration of the authorization is no longer than is necessary to prevent such an act. Authorising Ofﬁcers need to satisfy themselves that this test has been fully met and that the authorisation is in accordance with the provisions of the Code of Practice. This section of the form should record the fact that the Authorising Ofﬁcer is satisﬁed of this. Supporting information in relation to meeting the test should be provided in subsequent sections of the form.

Suspected act of terrorism

Any classiﬁed material must be sent to the Secretary of State, with the authorisation, by a secure means of communication. References to classiﬁed reporting may be used instead of verbatim reports or quotes, but the reporting referenced must have been considered by the Authorising Ofﬁcer in making the authorisation, and must be available to the Secretary of State when considering whether to conﬁrm an authorisation.

Threat Assessments on International Terrorism and Dissident Irish Republican Terrorism are provided by JTAC and Security Service. Assessments of the threat to various aspects of the UK infrastructure, such as aviation, transport, military establishments are also available from JTAC, and forces can request JTAC produce an assessment for speciﬁc areas or events. Such assessments should be included in this section (or annexed to this form) where appropriate (the police force must obtain permission, in the normal way, for the onward dissemination of classiﬁed material that has been provided by a third party).

However, threat assessments alone are not sufﬁcient – information must be provided as to why the Authorising Ofﬁcer reasonably suspects an act of terrorism will take place. Authorising Ofﬁcers should not assume that the Secretary of State has already had sight of the intelligence that they refer to in their assessments and must ensure that the assessments are up to date.

Successive authorisations

Once an authorisation has expired, a new authorisation may be given. However, previous powers under sections 44 to 46 of the Terrorism Act 2000, under which authorisations were made by some forces on a virtually indeﬁnite basis, have been repealed. ‘Rolling’ authorisations are not permitted under the powers in section 47A of, and Schedule 6B to, the Terrorism Act 2000.

A new authorisation covering the same or substantially the same areas or places as a previous authorisation may be given if the intelligence which informed the initial authorisation has been subject to fresh assessment and the ofﬁcer giving the authorisation is satisﬁed that the test for authorisation is still met on the basis of that assessment. Where a successive authorization is given, it may be given before the expiry of the existing authorisation, but that existing authorisation should be cancelled.

In the exceptional circumstances where a new authorisation is given in respect of a different threat and covering different areas of the force area, any existing authorisation need not be cancelled if it continues to be necessary.

Necessity for use of section 47A powers

The authorisation should include details of how the exercise of the powers is necessary to prevent the suspected act of terrorism. This means an explanation of how the authorisation will counter the threat i.e. why the stopping and searching of individuals and/or vehicles without suspicion is necessary to prevent the suspected act of terrorism.

Given that the section 47A powers are exceptional, Authorising Ofﬁcers should be satisﬁed that other measures and powers are insufﬁcient to deal with the situation. In particular, they should consider whether the powers under section 43 of the Terrorism Act 2000 are sufﬁcient for the purposes of stopping and searching individuals for the purposes of preventing terrorism.

Description of Area(s) or Place(s) where powers to be available

One authorisation may be given which covers a number of different places or areas within a police force area (whether those are included in response to the same or different threats). The authorisation must set out the necessity for including each of these areas and the necessity for the length of time for which the authorisation lasts in respect of each area or place

Although the Code of Practice indicates only that a map should be provided, the Secretary of State will insist that one is, and with sufﬁcient supporting description (and justiﬁcation).

Authorisations which cover entire force areas are not justiﬁable under section 47A and Schedule 6B, unless there are exceptional circumstances which support such an authorisation.

An authorisation should not provide for the powers to be used other than where they are considered necessary. This means authorisations must be as limited as possible and linked to addressing the suspected act of terrorism. In determining the area(s) or place(s) it is necessary to include in the authorisation it may be necessary to include consideration of the possibility that terrorists may change their method or target of attack, and it will be necessary to consider what the appropriate operational response to the intelligence is (e.g. which areas would be necessary to authorise in order to intercept a terrorist or vehicle). However, any authorisations must be as limited as possible and based on an assessment of the existing intelligence.

Duration of authorisation

The maximum period for an authorisation is 14 days, and authorisations should not be made for the maximum period unless it is necessary to do so based on the intelligence about the particular threat. Authorisations should be for no longer than necessary. Justiﬁcation should be provided for the length of an authorisation, setting out why the intelligence supports amount of time authorised. If an authorisation is one which is similar to another immediately preceding it, information should be provided as to why a new authorisation is justiﬁed and why the period of the initial authorisation was not sufﬁcient. Where different areas or places are speciﬁed within one authorisation, different time periods may be speciﬁed in relation to each of these areas or places – indeed the time period necessary for each will need to be considered and justiﬁed.

For the purposes of calculating a 14-day period, the day on which an authorisation is given is deemed to constitute a full day, regardless of the time at which the authorisation is given. For example, an authorisation given at 08.00hrs on 1 November must end no later than 23.59hrs on 14 November. It cannot run until 07.59hrs on 15 November. Authorising ofﬁcers must assure themselves that the authorisation does not run for more than the statutory 14-day limit. In the case of a new authorisation, an authorisation can be given before the expiry of the previous one if necessary (in which case the preceding authorisation should also be cancelled).

In the event an authorisation for the use of section 47A powers is given for a period of less than forty-eight hours the authorising ofﬁcer must inform the Secretary of State of the authorisation as soon as reasonably practicable. Where it is reasonably practicable to do so, the Secretary of State may consider the authorisation prior to its expiry and may conﬁrm or cancel it.

The test for a short-term authorisation is the same as an authorisation of longer duration. ‘Rolling’ short-term authorisations are not permitted.

Practical Implementation of Powers

The Authorising Ofﬁcer should provide information about how the powers will be used and why. This may include the use of vehicle checkpoints, stops and searches of individuals entering or leaving particular sites such as rail stations, sports stadiums etc (depending on the nature of the threat and the area(s) or place(s) speciﬁed).

If there are subsequently signiﬁcant changes to how the power is to be used, then this should be notiﬁed to the Secretary of State (using section 18 of this form).

Community engagement

Authorising Ofﬁcers should demonstrate that communities have been or will be engaged as fully as possible for the duration of an authorisation. When using the power, police forces may use existing community engagement arrangements. However, where stop and search powers affect sections of the community with whom channels of communication are difﬁcult or non-existent, these should be identiﬁed and put in place.

When planning a counter-terrorism stop and search operation, police authorities and the local CONTEST prevent strategic partnership should be involved at the earliest opportunity to provide advice and assistance in identifying mechanisms for engaging with communities. If a force has a ‘PREVENT’ lead ofﬁcer they should be engaged with the planning process. Police forces should continue to monitor the use of section 47A powers for the duration of an authorisation, both in discussion with community representatives and by explaining how and why the powers are being used to individuals who are stopped and searched.

The stop and search powers under section 47A of the Terrorism Act 2000 are only for use in circumstances where the authorising ofﬁcer reasonably suspects an act of terrorism will take place and it will not always be possible to carry out community engagement prior to giving an authorisation. In these circumstances, police forces should carry out a retrospective review of the use of the powers including the stakeholders set out in the Code of Practice, in that review.

Police Authority engagement

Authorising Ofﬁcers should notify and engage their police authority as soon as possible after an authorisation has been given. Police authorities have an essential role in working with their local force to build community conﬁdence in the appropriate use of stop and search, and can provide practical advice and guidance to help raise awareness of stop and search.

Authorising Ofﬁcer and oral authorisation

An authorisation under section 47A may only be made by an ofﬁcer of at least the rank of assistant chief constable or, in the case of the Metropolitan and City of London Police, a commander. Authorising Ofﬁcers must be either substantive or on temporary promotion to the qualifying rank. Ofﬁcers who are acting in the rank may not give authorisations. The authorisation runs from the time it is given in writing. If an authorisation is given in writing – it is given in this form. If it is given orally, it is to be conﬁrmed by completion of this form. If the authorisation is given orally, it will run from the time of the oral conﬁrmation – but the authorisation must be conﬁrmed in writing as soon as reasonably practicable, i.e. by signature in Section 16, timed and dated.

Ministerial Conﬁrmation / Cancellation / Amendment

Authorising Ofﬁcers need to be aware that the Secretary of State may decide to cancel or amend the authorisation, which will be recorded in this section. Authorising ofﬁcers should receive a telephone call from the Counter Terrorism Policing National Operations Centre (CTP NOC) followed by fax conﬁrmation of Ministerial conﬁrmation / cancellation / amendment of the Authority. Until written conﬁrmation or otherwise is received, authorising ofﬁcers must not assume that Ministerial conﬁrmation has been given. Forces should consider conﬁrming with the CTP NOC after a period of time (e.g. 36 hours) if conﬁrmation has not been received.

Summary of use of section 47A powers during any previous authorisation.

In order to aid the monitoring and supervision of the use of s.47A powers, comprehensive statistical records of stops and searches should be compiled. The details required in this section should be provided when a force gives an authorisation – in respect of the period (or most recent period) for which any previous authorisation given by that force. Forces are also required to provide quarterly data on their use of stop and search powers, which are subsequently published by the Home Ofﬁce and the Ministry of Justice.

PACE does not apply in Scotland. ↩
This does not affect the position in Scotland where there can be voluntary compliance with a search in terms of Scottish common law. ↩
Where the index offence is a terrorism offence included in Part 1 or 2 of Schedule 19ZA to the Criminal Justice Act 2003 (terrorism offences punishable with imprisonment for life or for more than two years) or, in the case of Scotland, included in Part 1 or 2 of Schedule 1A to the Prisoners and Criminal Proceedings (Scotland) Act 1993 ↩
Where the offence was determined to have a terrorist connection in accordance with the definition in s.247A(7A) of the Criminal Justice Act 2003 or, in the case of Scotland, in accordance with the definition in s.1AB(5A) of the Prisoners and Criminal Proceedings (Scotland) Act 1993 ↩
Counter Terrorism Policing will assess the national intelligence picture through investigations and in response to incidents. This will be shared with police forces and CT Policing Regions through Incident Advisory Messages, Protect and Prepare Strategies or other suitable means and will articulate specific risks and guidance on tactical options. ↩
Force wide authorisations may be justiﬁable in respect of City of London Police Authority, purely because of the size of the force area. However, the geographical area should still be no greater than necessary. ↩
Authorising ofﬁcers within the Metropolitan Police Service should notify the Mayor’s Ofﬁce for Policing and Crime for the Greater London Authority. ↩
The term ‘vehicle’ also includes an aircraft and a train, and the term ‘driver’ includes a pilot or any person in control of the aircraft or any member of the crew and any member of the train’s crew. ↩
A “terrorist” in the context of these powers means a person within the meaning of section 40(1)(b) of the Terrorism Act 2000 (i.e. a person who is or has been concerned in the commission, preparation or instigation of acts of terrorism). ↩
Section 45 of the Terrorism Act 2000 (which is no longer applicable) speciﬁed that the purpose of the search under the repealed powers was to search for articles of a kind which could be used in connection with terrorism. Ofﬁcers should note the different purpose of the search under section 47A. ↩
In Scotland the relevant legislation is the Age of Criminal Responsibility (Scotland) Act 2019. ↩
Not applicable in Scotland. ↩
A receipt may take the form of a simple business card which includes sufﬁcient information to locate the record should the person ask for copy, for example, the date and place of the search or a reference number. ↩
The officer may consider a language line service more appropriate. ↩
This does not apply in Scotland for a search carried out with reasonable grounds for suspicion where section 13 of the Criminal Procedure (Scotland) Act 1995 applies. ↩
Paragraphs 7(4) and 13 of Schedule 6B to the Terrorism Act 2000. ↩
Paragraph 8 of Schedule 6B to the Terrorism Act 2000. ↩
Force wide authorisations may be justiﬁable in respect of City of London Police Authority, purely because of the size of the force area. However, the geographical area should still be no greater than necessary. ↩
See paragraph 9 of Schedule 6B to the Terrorism Act 2000 which allows a senior ofﬁcer to cancel an authorisation or substitute an early end date or time or a more restricted area or place. Such amendment does not require conﬁrmation by the Secretary of State. ↩
See paragraphs 7(4), 8 and 13 of Schedule 6B to the Terrorism Act 2000. ↩
Ethnicity should be recorded in all cases for pedestrians, drivers and passengers. ↩
All Terrorism Act arrests should be reported at the earliest opportunity to the CT Policing National Operations Centre (CTP NOC). ↩

Cookies on GOV.UK

Applies to England, Scotland and Wales

1. Introduction