Accredited official statistics

Operation of police powers under the Terrorism Act 2000 and subsequent legislation: Arrests, outcomes, and stop and search, Great Britain, quarterly update to June 2021

Published 9 September 2021

Applies to England, Scotland and Wales

Frequency of release: Quarterly

Forthcoming release: Home Office statistics release calendar

Home Office responsible statistician: John Flatley

Press enquiries: pressoffice@homeoffice.gov.uk, Telephone: 020 7035 3535

Public enquiries: CTAI_Statistics@homeoffice.gov.uk

Privacy information notice

Key results

There were 181 arrests for terrorism-related activity in the year ending 30 June 2021, 49 fewer than in the previous 12-month period (a fall of 21%). This was mainly due to a reduction in arrests under non-terrorism legislation.

At the time of data provision, of the 181 arrests for terrorist-related activity:

• 54 (30%) resulted in a charge, of which 46 were for terrorism-related offences
• 80 (44%) persons were released pending further investigation
• 43 people (24%) were released without charge
• 4 (2%) faced alternative action, for example receiving a caution or recalled to prison

1. Introduction

1.1 Time period covered and data sources

This release covers the use of police powers under terrorism and subsequent legislation in Great Britain on a quarterly basis up to the year ending 30 June 2021. It also covers arrests for terrorist-related activity under other legislation such as the Police and Criminal Evidence Act (PACE).

The statistics in this release draw on a range of data sources. The Arrests and outcomes section contains data provided by the CTPHQ Coordination Centre and includes statistics for Great Britain on the:

• number of arrests for terrorist-related activity and outcomes (such as charges and convictions) following such arrests
• number of charges and convictions broken down by legislation used
• gender, age, ethnicity, and nationality of those arrested, charged and convicted

The Court proceedings section uses data from the Crown Prosecution Service Counter Terrorism Division (CPS CTD) and includes statistics for England and Wales on the:

• number of persons proceeded against by CPS CTD for terrorism-related offences
• number of persons that have been prosecuted and convicted broken down by the legislation used
• sentence length of those convicted for terrorism-related offences

The Terrorist prisoners section uses data from HM Prison and Probation Service (HMPPS) and the Scottish Prison Service (SPS) and includes statistics for Great Britain on the:

• number and ideology of persons in custody for Terrorism Act 2000 (TACT)-connected offences
• ethnicity, nationality and religion of those in custody
• number of persons released from custody by sentence length

The Other police powers under TACT 2000 section uses data provided by the Metropolitan Police Service (MPS) and the National Counter Terrorism Policing Headquarters (NCTPHQ), and includes statistics on the:

• number of stops and searches carried out by MPS under s.43 of TACT 2000
• number of stops and searches carried out by police under s.47a of TACT 2000
• number of examinations and subsequent detentions made in Great Britain under Schedule 7 to TACT 2000
• data on goods examinations, strip searches and on refusals of requests to postpone questioning (usually to enable an individual to consult a solicitor) under Schedule 7 to TACT 2000

From the year ending June 2019 publication onwards, data have also been collected and published on the total number of examinations and detentions made in the United Kingdom as a whole under Schedule 7 to TACT 2000, as well as how many examinations related to intra-UK journeys. An intra-UK examination is when a person has been examined under Schedule 7 TACT at a UK port either before or after a journey between one UK port and another UK port. This includes journeys between or within England, Wales, Northern Ireland and Scotland.

Furthermore, data have also been provided on how frequently other powers have been used in Great Britain under Schedule 7, to restrict or qualify a person’s access to a solicitor. Including: required to consult a solicitor by phone, delayed access to a solicitor, and required to consult in sight and hearing of a qualified officer.

Moreover, from the year ending June 2021 publication onwards, data has also been collected and published on the number of persons where one or more biometric identifier was taken during an examination made under Schedule 7 of the Terrorism Act 2000 in the United Kingdom. For the purposes of this statistical publication, a biometric identifier (taken during an examination under Schedule 7) includes photographs, fingerprints and DNA samples.

The user guide provides further details on this release, including the strengths and limitations of the datasets, and the quality assurance processes involved in the production of this release. It also includes a summary of the criminal justice process, a glossary of terms used, and detail about the legislation and categories referred to in this release.

A flow chart summarising the Arrests and outcomes section of this release can be found in Annex A.

1.2 Future releases

The information published in the quarterly ‘Operation of police powers under the Terrorism Act 2000’ statistics is kept under review, taking into account the needs of users, and burdens on suppliers and producers, in line with the Code of Practice for Statistics. If you have any comments, suggestions or enquiries, please contact the team via email using: CTAI_Statistics@homeoffice.gov.uk.

1.3 National Statistics status

This publication has been assessed by the United Kingdom Statistics Authority and its National Statistics designation was confirmed in May 2016. This means that these statistics meet the highest standards of trustworthiness, impartiality, quality and public value, and are fully compliant with the Code of Practice for Statistics. As part of the assessment process, the Home Office reviewed and improved the user guide that accompanies this release. This now contains more details about the strengths and limitations of the various datasets within the publication, as well as the steps taken to engage with users. Further details on the assessment process can be found on the UK Statistics Authority website.

2. Arrests and outcomes

Key results

• in the year ending 30 June 2021, there were 181 arrests for terrorist-related activity in Great Britain, 49 fewer than the number in the previous 12-month period (a fall of 21%); this was largely due to a reduction in arrests under non-terrorism legislation in the latest year
• at the time of data provision^{[footnote 1]}, 54 arrests resulted in a charge (30%), of which 46 were for terrorism-related offences

This section presents statistics on the number of persons arrested by the police in Great Britain where there was suspicion of involvement in terrorist-related activity, either at the time of arrest or at a subsequent point in the investigation. In some cases, evidence may emerge after an arrest for a terrorism-related offence that suggests a suspect does not have links to terrorist activity but has committed a non-terrorism-related offence. These cases are included in the data as non-terrorism-related charges and or convictions.

Prior to the June 2018 publication (covering the period to 31 March 2018), data in this release was restricted to arrests where the offence was considered to be related to terrorism. In response to feedback from stakeholders, Home Office statisticians widened the scope of the data collection to include all arrests with a terrorist element whether the offence was terrorism-related or not. This better reflects policing activity in recent years. Data in this release now contain information on all arrests related to terrorism activity, including a full back series.

Since the December 2019 publication (covering the period to 30 September 2019), postal charge requisitions and summonses have been included as part of the figures on arrests. This decision was taken following engagement with NCTPHQ, as the postal charge requisitions and summonses can lead to terrorism-related charges and convictions. See the user guide for more detail.

Outcomes following arrests for terrorist-related activity are also included in the statistics, which show the number of arrests that led to a charge or prosecution as well as other outcomes. Demographic information about those arrested, charged and convicted is also provided in this section. All data in this section are based on the date of arrest. This allows users to see the outcomes of all the arrests in a specific period (such as how many led to a charge and conviction).

As cases progress over time, figures published in this release are likely to be revised. This is particularly relevant for more recent time periods where a larger number of cases will have not been finalised (‘released on bail’ or ‘awaiting prosecution’). The effect on the arrests total will be minimal but the number of charges and convictions currently reported will increase in future releases, especially for cases from the more recent quarters where a greater number have not yet reached the point of charge or conviction.

Data are provided to the Home Office by the CTPHQ Coordination Centre and are taken from a live database. This section includes annual breakdowns of the data from the 11 September 2001 (when the data collection began) to year ending June 2021, as well as quarterly trends over the most recent nine quarters. The data were based on the latest position of each case as at the time of provision to the Home Office (on 04 August 2021).

A flow chart summarising this section is included in Annex A include data on arrests and outcomes. Annual tables, which breakdown the data by rolling years to June, are also provided alongside this release.

2.1 Arrests

In the year ending 30 June 2021, there were 181 arrests for terrorist-related activity in Great Britain, 49 fewer than the previous 12-month period (a fall of 21%). This was the lowest number of arrests for terrorist-related activity in the last comparable ten years (Figure 2.1).

Figure 2.1: Arrests for terrorist-related activity, by legislation, years ending 30 June 2002 to 30 June 2021, Great Britain^1,2,3

Source: CTPHQ Coordination Centre (see data table A - A.01)
Notes:

1. Figures for the year ending 30 June 2002 include data from 11 September 2001 onwards.
2. ‘Other legislation’ includes arrests under non-terrorism legislation, such as the Police and Criminal Evidence Act 1984.
3. Includes arrests that are considered by the CTPHQ Coordination Centre to be terrorism-related, either at the time of arrest or at a subsequent point in the investigation.

The number of arrests in the last five quarters, except October to December 2021, were below the average number of arrests in the last nine quarters (53) (Figure 2.2). The reductions were most evident in arrests under non-terrorism legislation and may reflect the general reduction in crime during this period when there were public health restrictions in place to control the spread of the COVID-19 virus. This effect was most marked in April to June 2020 during the national lockdowns in England and Wales with just 31 arrests in this quarter. Following the easing of restrictions over the summer months, the number of arrests increased (for example, up to 54 arrests between October to December 2020). During the third national lockdown the number of arrests fell again, between January to March 2021, down to 39. In the latest quarter, between April and June 2021, the number of arrests increased, to 44.

Figure 2.2: Arrests for terrorist-related activity, by legislation, 9 quarters to 30 June 2021, Great Britain^1,2

Source: CTPHQ Coordination Centre (see data table Q - A.01)
Notes:

1. ‘Other legislation’ includes arrests under non-terrorism legislation, such as the Police and Criminal Evidence Act 1984.
2. Includes arrests that are considered by the NCTPOC to be terrorism-related, either at the time of arrest or at a subsequent point in the investigation.

2.2 Pre-charge detention under Section 41 of the Terrorism Act 2000

Once a suspect has been arrested by the police, they may be held for a specified period of time before being charged, giving the police time to investigate and gather evidence related to potential terrorism offences. The current maximum period of detention under s.41 of TACT 2000 is 14 days (which reduced from the previous limit of 28 days on 25 January 2011). This compares with a maximum of four days under standard arrest powers. Further details of the legislation can be found in the user guide.

There were 32 detentions under s.41 of TACT 2000 in the year ending 30 June 2021, a 11% fall compared with the previous year, in which there were 36 detentions. Of the 32 detentions in the latest year, 21 led to a charge (66%).

Further details on the length and outcomes of detentions under s.41 of TACT 2000 can be found in data table A - A.02.

2.3 Charges

In line with the general convention for Home Office criminal justice statistics, when a person is charged or prosecuted for multiple offences at the same time, only the most serious offence is counted – usually the one that carries the highest penalty. This “principal offence rule” means the statistics provide a count of individuals charged rather than the total number of charges. More detailed information on the principal offence rule can be found in the accompanying user guide. Further details of the legislation under which persons have been charged following an arrest for a terrorism-related activity can be found in data tables A - A.05a-c.

At the time of data provision^{[footnote 2]}, of the 181 arrests for terrorist-related activity in the year ending 30 June 2021:

• 54 (30%) resulted in a charge, of which 46 were for terrorism-related offences
• 80 (44%) persons were released pending further investigation
• 43 people (24%) were released without charge
• 4 (2%) faced alternative action, for example receiving a caution or recalled to prison

Given the number of cases still to be finalised in the latest year, the current charge rate shown in the more recent years/quarters is likely to be lower than final figures which will be published in subsequent releases. Until all cases in a given period are finalised, care should be taken when comparing charge rates over time.

Figure 2.3: Charging outcomes following an arrest for terrorist-related activity, 9 quarters to 30 June 2021, Great Britain^1,2

Source: CTPHQ Coordination (see data table A.03)
Notes:

1. ‘Alternative action’ includes cautions for non-TACT 2000 offences, detentions under the Mental Health Act, recall to prison etc.
2. ‘Bailed to return’ includes those released on bail pending further investigation, and those who have absconded from bail. Those who were released under investigation were previously unable to be recorded separately and were recorded as ‘released without charge’.

Figure 2.4: Charging outcomes following an arrest for terrorist-related activity, year ending June 2002 to June 2021, Great Britain^1,2

Source: CTPHQ Coordination Centre (see data table A - A.03)
Notes:

1. ‘Alternative action’ includes cautions for non-TACT offences, detentions under the Mental Health Act, recall to prison, and transfers to immigration authorities.
2. ‘Bailed to return’ includes those released on bail pending further investigations, and those who have absconded from bail. Those who were released under investigation were previously unable to be recorded separately and were recorded as ‘released without charge’.

2.4 Prosecutions

As with charges, statistics on prosecutions are also based on the principal offence rule (see section 2.3). Where an individual is prosecuted for more than one offence at a time, they are classified in terms of a single offence – usually the most serious.

Figure 2.5 shows the outcomes following a charge for a terrorism-related offence.

Further details of the specific legislation under which persons have been convicted following a charge for a terrorism-related offence can be found in data tables A - A.08a-c.

Figure 2.5: Outcomes following a charge for a terrorism-related offence, year ending 30 June 2021^1,2,3,4, Great Britain

Source: CTPHQ Coordination Centre (see data table A - A.06c)
Notes:

1. Based on the time of arrest.
2. A more detailed flow chart can be found in Annex A.
3. Data presented are based on the latest position with each case as at the date of data provision from CTPHQ Coordination Centre (04 August 2021).
4. The chart does not include outcomes following non-terrorism-related charges.
5. Terrorism-related charges and convictions include some charges and convictions under non-terrorism legislation, where the offence is considered to be terrorism-related.
6. Cases that are ‘awaiting prosecution’ are not yet complete. As time passes, these cases will eventually lead to a prosecution, ‘other’ outcome, or it may be decided that the individual will not be proceeded against.
7. Excludes convictions that were later quashed on appeal.
8. Includes other cases/outcomes such as cautions, transfers to UK Border Agencies, the offender being circulated as wanted and extraditions.

2.5 Demographics of persons arrested

This section provides more detail on the demographic and other characteristics of persons arrested. It includes data on:

• sex
• age
• ethnic appearance
• nationality

Sex

As in previous years, and similar to other types of crime, the vast majority of those arrested for terrorism-related activity were males. However, 18 of the 180 arrests where sex was known were females (10%). This was a fall of two arrests compared with previous 12-month period.

Age

As in previous years, the ‘30 and over’ age-group accounted for most arrests (52%). There were falls in the number of arrests across all age-groups apart from the ‘Under 18s’, which increased by 12 (from 12 to 24), compared with the previous year. Among those who were arrested, 13% were aged under 18 (up from 5% in the previous year). While this was the highest proportion seen in an annual period, it was largely a result of falls in arrests of those in older age-groups.

Ethnic appearance as recorded by the arresting officer

Figures in this section are based on the ethnic appearance of the arrestee as recorded by the arresting officer.

There were falls in the number of arrests across all ethnic groups, except the White ethnic group, when compared with the previous year. Arrests for those of White ethnic appearance increased by 5% (up from 96 to 101 arrests). There was a 57% decrease in the number of arrests of people of Black ethnic appearance (from 24 arrests to 10) and a 35% decrease in the number of arrests of people of Asian ethnic appearance (from 84 arrests to 55). The number of arrests of people of Other ethnic appearance fell by 44% (from 27 arrests to 15).

The proportion of White people arrested exceeded the proportion of Asian people arrested for the fourth consecutive year. Arrests of persons of White ethnic appearance accounted for 56% of arrests, up 14 percentage points on the previous year. Those of Asian ethnic appearance accounted for 30% of terrorist-related arrests, down seven percentage points. The proportion of those arrested who were of Black ethnic appearance was 6%, down four percentage points compared with the previous year. Those of ‘Other’ ethnic appearance accounted for 8% of arrests, down four percentage points on the previous year.

Figure 2.6: Proportion of persons arrested for terrorist-related activity by ethnic appearance^1,2, year ending 30 June 2020 and 30 June 2021, compared with total proportions since 11 September 2001

Source: CTPHQ Coordination Centre (see data table A - A.11)
Notes:

1. As recorded by the police at time of arrest.
2. Excludes those whose ethnicity is not known.

Nationality

Of those arrested in the latest year, 84% considered themselves to be of British or British dual nationality, up nine percentage points on the previous year and the highest proportion in a calendar year since the data collection began. The proportion increased from 35% in the year ending June 2002 to 79% in the year ending June 2015 and has not fallen below 69% since. Overall, since 11 September 2001 (when the data collection began), 62% of those arrested considered themselves to be of British or British dual nationality (Table 2.1).

Table 2.1: Number of persons arrested for terrorist-related activity, since 11 September 2001, by self-defined nationality^1,2
Numbers & percentages, Great Britain

Self-defined nationality	Total since Sep 11 2001	Proportion of all arrests (%)
Great Britain3	3,025	62
Algeria	194	4
Iraq	175	4
Pakistan	170	3
Afghanistan	93	2
Iran	92	2
Turkey	85	2
Somalia	83	2
India	61	1
Sri Lanka	58	1

Source: CTPHQ Coordination Centre (see data table A.11)
Notes:

1. The nationalities presented here are those declared by persons at the time of arrest and may differ from their country of origin.
2. Only the first 10 countries, by number of persons arrested for terrorist-related activity, are included in the table.
3. Figures for Great Britain include those with ‘British dual’ nationality.

3. Court proceedings

Key results

• in the year ending 30 June 2021, 58 persons were tried for terrorism-related offences, an increase of 10 (21%) from the 48 persons in the previous year
• of the 58 persons tried for terrorism-related offences, 52 were convicted (91%)
• of the 52 persons convicted of terrorism-related offences, 34 (65%) pleaded guilty and 18 (35%) entered a not-guilty plea

This section presents statistics on prosecutions for terrorism-related offences in England and Wales. It provides data on the number of persons prosecuted and convicted, including information on the legislation under which they were prosecuted. It also provides information on the length and type of sentence that each convicted person received. Data in this section are based on the trial completion date and are not directly comparable to the prosecutions data in section 2, Arrests and outcomes, which is based on the date of arrest.

Data are provided to the Home Office by the Crown Prosecution Service Counter Terrorism Division (CPS CTD). The data cover terrorism-related court cases that were completed in the 12 years from the year ending June 2010 up to the year ending June 2021.

3.1 Court proceedings

In the year ending 30 June 2021, 58 persons were tried for terrorism-related offences, an increase of 10 (21%) from the 48 persons in the previous year, but a fall of 42 (42%) from the peak of 100 trials in the year ending June 2018 (data table A C.01). This peak in court proceedings in the year ending June 2018 followed on from the highest volume of terrorism-related arrests in the previous year.

During 2020, there was an increase in the overall backlog of court cases, due to COVID-19^{[footnote 3]}. However, the number of persons proceeded against by the Crown Prosecution Service for terrorism-related offences remained fairly consistent during this period, reflecting that these more serious offences have been prioritised.

Of the 58 persons tried for terrorism-related offences, 52 were convicted. Figure 3.1 shows the outcomes for the 58 persons proceeded against.

Figure 3.1: Outcome of terrorism-related trials under TACT and non-TACT legislation, year ending 30 June 2021, England and Wales¹

Source: CPS CTD (see data tables A C.01 - A C.03)
Notes:

1. Based on the principal offence for which the defendant was prosecuted against.
2. TACT offences include offences specifically under terrorism legislation.
3. Non-TACT offences include offences under other legislation.
4. Can include trials ending in a hung jury, or where the prosecution offered no evidence.

3.2 Sentencing

The most common sentence length in the latest year was of less than four years, which accounted for 42% of sentences (22 of 52 convictions). Of these, 15 sentences were between one and four years (29% of total), and seven were less than a year (13% of total). There were also 16 sentence lengths between four and 10 years, accounting for 31% of sentences (16 of 52 convictions).

Those given a life sentence accounted for 10% of all those sentenced in the latest year (five sentences), five percentage points higher than the previous year (two of 44 convictions). There were no sentences of 10 years or more, a decrease of four compared with the previous year. The number of non-custodial sentences increased from four to nine in the latest year.

The number of non-custodial sentences increased from 3 to 7 in the latest year. Although this is a large change from the previous year, this sentence type made up a similar proportion of sentences as in 2019. There was also 1 hospital order in the latest year, the same as the previous year.

Of the 52 persons convicted of terrorism-related offences, 34 (65%) pleaded guilty and 18 (35%) entered a not-guilty plea. This was a higher proportion compared with the previous year, when 26 of the 44 persons convicted (59%) entered a guilty plea.

Figure 3.2: Sentence length for persons convicted for terrorism-related offences, year ending 30 June 2021 compared with the previous year, England and Wales^1,2

Source: CPS CTD (see data table A C.04)
Notes:

1. Based on the trial completion date.
2. The ‘Other’ category includes hospital orders and non-custodial sentence

4. Terrorist prisoners

Key results

• as at 30 June 2021, there were 220 persons in custody for terrorism-connected offences in Great Britain
• of those in custody, the vast majority (70%) were categorised as holding Islamist-extremist views; a further 22% were categorised as holding Extreme Right-Wing ideologies
• a total of 42 prisoners held for terrorism-related or terrorism-connected offences were released from custody in Great Britain in the latest year for which figures are available (year ending 31 March 2021)

Statistics presented in this section give information on the number of persons in custody for terrorism-connected offences in Great Britain. This includes both those that had been convicted and those being held on remand (that is, held in custody until a later date when a trial or sentencing hearing will take place). This section includes breakdowns of their ethnicity, nationality, ideology and religion.

Prior to June 2018, the Home Office published figures on both terrorist prisoners and domestic extremist/separatist prisoners. However, following feedback from data providers at HM Prison and Probation Service (HMPPS), it was decided that prisoners categorised as ‘domestic extremist/separatist’ prisoners would be counted within the ‘TACT/TACT-related’ cohort, where the threshold for this is met, i.e. for offences which the court has determined have a terrorist connection. This was to remove the previous subjectivity around the categorisation of domestic extremist prisoners.

From September 2020 onwards, the Ministry of Justice and Home Office have formally adopted the definition ‘Terrorism-Connected Offender’. This definition replaced the previously used definition ‘Terrorism-Related Offender’ which will no longer be used for the purposes of publishing official statistics for terrorist prisoners. The change in definition between the publication of statistics as at 30 June 2020 and 30 September 2020 caused roughly 10% of prisoners to be removed from the classification at that point. For this reason, figures for September 2020 onwards are not directly comparable with previous years or quarters.

This definition change is in alignment with Part 2 of Schedule 19ZA of the Criminal Justice Act 2003 (as inserted by the Terrorist Offenders (Restriction of Early Release) Act 2020), which concerns those offenders who have not committed terrorist offences (that is, those listed in Part 1 of the Schedule) but who have committed other specified offences which the court has determined have a ‘terrorist connection’. That determination may only be made by the sentencing court in accordance with Part 3 of the Counter-Terrorism Act 2008 and only after consideration of the requirements/matters specified in that Act.

Data were provided to the Home Office by HMPPS and the Scottish Prison Service (SPS), giving information about the prison population for the 11 years from 30 June 2010 to 30 June 2021, and also at the end of the nine quarters to 30 June 2021. Data on the number of prisoners released cover the nine quarters to 31 March 2021. Prisoner release figures up to 30 June 2021 are not yet available as these will form a subset of the prison releases statistics which will be published by the Ministry of Justice in their Offender management statistics quarterly release in October 2021.

4.1 Persons in Custody

As at 30 June 2021, there were 220 persons in custody for terrorism-connected offences in Great Britain. Of these, 193 had been convicted (88%). The remaining 12% were being held on remand (held in custody until a later date when a trial or sentencing hearing will take place).

Of those in custody, 153 (70%) were categorised as holding Islamist-extremist views. A further 49 (22%) were categorised as holding Extreme right-wing ideologies with the remaining 18 prisoners (8%) holding beliefs related to other ideologies.

4.2 Persons released from custody

A total of 42 terrorist prisoners were released from custody in Great Britain in the latest year for which figures were available (year ending 31 March 2021)^{[footnote 4]}. This figure includes 15 terrorism-related offenders released between April and September 2020 and 27 terrorism-connected offenders between October 2020 and March 2021.

Of these, 29 (69%) were persons released from custody after serving sentences, many of whom will be subject to meeting certain licence conditions.

Of the 42 released from custody, 12 had received sentences of less than four years, and 17 had sentences of four years or more. No one was released following an indeterminate sentence for public protection. 13 people had been convicted but not yet been sentenced.

5. Other police powers under the Terrorism Act 2000

Key results

• in the year ending 30 June 2021, 452 persons were stopped and searched by the Metropolitan Police Service under s.43 of TACT 2000; this was a decrease of 15% compared with the previous year’s total of 534
• in the latest year, there were 47 arrests resulting from a s.43 stop and search, down 8% on the previous year (51)
• in the latest year, 2,525 persons were subject to the use of Schedule 7 to TACT 2000 in Great Britain; this was a fall of 58% compared with the previous year (when there were 6,064 examinations)
• in the year ending 30 June 2021, 38% of examinations made under Schedule 7 of TACT 2000 resulted in at least one biometric identifier being taken from an individual ( 986 persons out of 2,607 examinations)

This section presents statistics on the use of stop and search powers available to the police under the Terrorism Act 2000 (TACT 2000). It includes data on the number of stop and searches, and resultant arrests, carried out under s.43 of TACT 2000 (by the Metropolitan Police Service (MPS) only) and s.47A of TACT 2000 (by all police forces). It also contains data on the use of powers under Schedule 7 to TACT 2000 in Great Britain. This includes the number of examinations, resultant detentions, strip-searches, the number of times postponement of questioning (usually to enable an individual to consult a solicitor) was refused, and the number of sea and air freight examinations. It also contains data on the number of persons where one or more biometric identifier was taken during an examination or a detention made under Schedule 7 of TACT 2000. For the purposes of this statistical publication, a biometric identifier (taken during an examination under Schedule 7) includes photographs, fingerprints and DNA samples.

Data on s.47a stop and search are provided to the Home Office by police forces, and data on s.43 stop and search are currently provided on a quarterly basis for this release by MPS only. Following a change made to the Police Powers and Procedures statistical collection, this data will be available for all police force are from October 2021. This data will cover the year ending March 2021 and will be published annually here on GOV.UK.. Data on Schedule 7 are provided to the Home Office by the National Counter Terrorism Policing Headquarters (NCTPHQ). This section includes annual breakdowns for the last 11 years (when the data collection began) up to the year ending June 2021.

Following the Parsons Green attack, on 15 September 2017, the police used the power of stop and search under s.47a of TACT 2000 (previously s.44) for the first time. This power allows the police to exercise stop and searches when there is reasonable suspicion an act of terrorism will take place, and only when such powers are considered necessary to prevent such an act taking place. This was the first time they had been used in Great Britain since the legislation was formally amended in 2011. Following the attack on Parsons Green, four forces authorised the use of these powers: British Transport Police, City of London Police, North Yorkshire Police and West Yorkshire Police. There was a total of 128 stops (126 of which were conducted by BTP) resulting in four arrests (all BTP). There have since been no stop and searches under s.47a of TACT 2000.

Further details on the use of s.47a can be found in the code of practice for the exercise of stop and search powers.

5.1 Stop and search under Section 43 of the Terrorism Act 2000

Section 43 of TACT 2000 allows a constable to stop and search a person whom he or she reasonably suspects to be involved in terrorist activity. This section includes data from MPS only and excludes ‘vehicle only’ stops and searches.

There was a large reduction in the use of s.43 stops between 2011 (when the data collection began) and 2015, during which time numbers fell 66% (down from 1,280 to 439 stops). There was then a general increase in the next four years, up to a total of 699 stops in 2019. In the year ending 30 June 2021, 452 persons were stopped and searched by MPS under s.43 of TACT 2000, a decrease of 15% when compared with the 534 in the year ending 30 June 2020.

In the latest year, there were 47 arrests resulting from a s.43 stop and search, down four (8%) on the previous year’s total of 51. 10% of stops resulted in arrests, the same as the previous year.

Ethnicity was only stated in 67% of stops in the latest year, the lowest proportion since data collection began in 2011. The number of cases where ethnicity was known was at its highest at 93% in 2012 and has steadily declined since. This information relies on the person stopped being willing to define their ethnicity and the officer recording it accurately.

In cases where the ethnicity was known:

• 40% identified as ‘White’
• 32% identified as ‘Asian or Asian British’
• 14% identified as ‘Black or Black British’
• 11% identified as ‘Chinese or Other’
• 2% identified as ‘Mixed’

Figure 5.1: Stop and searches under s.43 of TACT 2000, MPS

Source: MPS (see data table A S.01)
Notes:

1. Excludes ‘vehicle only’ searches.

Figure 5.2: Arrest rate following stop and searches under s.43 of TACT 2000, MPS

Source: MPS (see data table A S.01)
Notes:

1. Excludes ‘vehicle only’ searches.

Details on the overall use of stop and search in England and Wales can be found in the Home Office Police powers and procedures, England and Wales statistical release. MPS also publishes monthly reports on the use of stop and search within its force area.

5.2 Schedule 7 to TACT 2000

Under Schedule 7 to TACT 2000, an examining office has a number of powers, the uses of which are covered in this section. These include:

• examinations of persons and resultant detentions
• strip-searches
• refusals to postpone questioning (usually to enable an individual to consult a solicitor)
• examinations of goods

Data have also been provided on how frequently other powers have been used in Great Britain under Schedule 7 to restrict or qualify a person’s access to a solicitor. As well as ‘refusal to postpone questioning’, which has been published since 2016, this release now also covers use of powers where a person is:

• required to consult a solicitor by phone
• delayed access to a solicitor
• required to consult in sight and hearing of a qualified officer

Data on the number of examinations made under Schedule 7 of TACT 2000 in the United Kingdom and the number of intra-UK examinations has also been collected. An intra-UK examination is when a person has been examined at a UK port either before or after a journey between one UK port and another UK port. This includes journeys between or within England, Wales, Northern Ireland and Scotland.

Moreover, as of the June 2021 publication of this release, data on the number of persons where one or more biometric identifier was taken during an examination made under Schedule 7 of TACT 2000 in the United Kingdom has also been provided.

Examinations and resultant detentions

An examining officer may stop and question individuals entering and leaving the country through ports, airports, international rail stations and the border area. When necessary they may also detain and search individuals. The aim is to determine whether or not that person is or has been concerned with the commission, preparation or instigation of acts of terrorism.

In the year ending 30 June 2021, a total of 2,525 persons were subject to the use of this power in Great Britain. This was a fall of 58% compared with the previous year (when there were 6,064 examinations), and 96% since the data were first collected in the year ending 30 June 2012 (when 61,049 persons were examined under Schedule 7). Prior to the most recent year there had been average annual falls of 25%.

There was a large reduction in examinations under the Schedule of TACT 2000 over the last year due to the impact of the COVID-19 pandemic on international travel. Passenger numbers at air and sea ports in particular were at unprecedented low levels. There were only 281 examinations in the April to June 2020 quarter, compared with 2,527 in the same quarter the year before. In the latest quarter (April to June 2021) there were 543 examinations. There has also been increased public scrutiny of this power in recent years, which may have driven a more targeted approach in its use. This is reflected in the increased rate of detention (see Figure 5.3).

Ethnicity was stated in 79% of cases, the lowest proportion since data collection began in 2011. Where ethnicity was known:

• 32% identified as ‘Asian or Asian British’
• 29% identified as ‘Chinese or other’
• 22% identified as ‘White’
• 12% identified as ‘Black or Black British’
• 6% identified as ‘Mixed’

Since 2014 the proportion of White people examined has decreased from 44% to 22%. In the same period the proportion of people who identified as ‘Chinese or Other’ increased from 19% to 29%. However, the proportion of White people detained has increased from 10% in 2012 to 18% in 2021. The proportion of people detained who identified as ‘Black or Black British’ decreased from 29% in 2012 to 10% in 2021. The number of detentions following examination decreased from 1,735 in the previous year to 993 in the latest.

The number of detentions following examination decreased by 57% from 2,084 in the previous year to 903 in the latest. Prior to this year the number of detentions following examination had increased for three years in a row, despite the decreasing number of examinations over that period. The Anti-Social Behaviour, Crime and Policing Act 2014, which came into effect in October 2014, amended the powers under Schedule 7 to TACT 2000 to ensure that a mandatory detention takes place where an examination lasts for longer than 1 hour.

Figure 5.3: Number of Schedule 7 to TACT 2000 examinations¹ and resultant detentions, 9 quarters to 30 June 2021, Great Britain

Source: NCTPHQ (see data table Q - S.04)
Notes:

1. Excludes examinations of unaccompanied freight.

In the year ending 30 June 2021, 2,607 examinations were made under Schedule 7 of TACT 2000 in the United Kingdom, 59% lower compared with the previous year where 6,372 examinations were made. Of the 2,607 examinations made in the year ending 30 June 2021, 578 (22%) were Intra-UK examinations.

In the year ending 30 June 2021, 38% of examinations made under Schedule 7 of TACT 2000 resulted in at least one biometric identifier being taken from an individual (986 persons out of 2,607 examinations).

5.3 Other powers under Schedule 7 to TACT 2000

The following section includes information on several additional powers under Schedule 7 to TACT 2000. This includes:

• strip-searches
• postponement of questioning refusals
• examinations of goods (sea and air freight)

Data on these powers have been collected by the Home Office since April 2015.

In the year ending 30 June 2021:

• five strip-searches were carried out under the power
• a total of 815 air freight examinations (an increase of 36% compared with the previous year) and 1,633 sea freight examinations (a decrease of 41% compared with the previous year) were conducted in Great Britain
• there were no occasions where postponement of questioning (usually to enable an individual to consult a solicitor) was refused

Furthermore, data have been provided on how frequently powers have been used to restrict or qualify a person’s access to a solicitor by: requiring the person to consult a solicitor by phone, delaying access to a solicitor, and requiring the person to consult in sight and hearing of a qualified officer. These data have been collected since April 2019.

In the year ending 30 June 2021, there were two instances where an individual was delayed access to a solicitor; this was the only time powers to restrict or qualify a person’s access to a solicitor were used.

Details on each power can be found in the user guide.

6. Further information

Accompanying user guide and tables

The user guide provides further details on this release, including the strengths and limitations of the datasets, and the quality assurance processes involved in the production of this release. It also includes a summary of the criminal justice process, a glossary of terms used, and detail about the legislation and categories mentioned in this release.

A flow chart summarising the Arrests and outcomes section of this release can be found in Annex A.

Future Releases

The information published in the quarterly ‘Operation of police powers under the Terrorism Act 2000’ statistics is kept under review, taking into account the needs of users, and burdens on suppliers and producers, in line with the Code of Practice for Statistics. If you have any comments, suggestions or enquiries, please contact the team via email using: CTAI_Statistics@homeoffice.gov.uk.

Other related publications

The annual ‘Police powers and procedures’ publication provides information on use of various powers by police in England and Wales including: arrests for notifiable offences, stop and searches under section 1 PACE and associated legislation, Best Use of Stop and Search (BUSS) statistics, motoring offences, and detentions under the Mental Health Act 1983.

The annual ‘Individuals referred to and supported through the Prevent programme’ publication contains Experimental Statistics on the number of individuals recorded as having been referred to and supported through the Prevent programme due to concerns they were vulnerable to a risk of radicalisation.

Northern Ireland Security Statistics are published by the Northern Ireland Office at Northern Ireland Terrorism Legislation - Annual Statistics 2017/18.

Feedback and enquiries

We welcome feedback on the quarterly statistics release. If you have any feedback or enquiries about this publication, please contact CTAI_Statistics@homeoffice.gov.uk.

1. Data on arrests are based on the latest position with each case as at the date of data provision from CTPHQ Coordination Centre (04 August 2021). ↩

2. Data on arrests are based on the latest position with each case as at the date of data provision from CTPHQ Coordination Centre (04 August 2021). ↩

3. CPS response to COVID-19: 16 March to 8 May 2020 – HM Crown Prosecution Service Inspectorate – June 2020. ↩

4. Figures as at 30 June 2021 are not yet available from HMPPS as these will be published by MoJ in October 2021. ↩