Operation of police powers under the Terrorism Act 2000 and subsequent legislation: arrests, outcomes and stops and searches, quarterly update to 30 September 2014, Great Britain
Published 26 March 2015
Applies to England, Scotland and Wales
1. Introduction
This release brings together material relating to powers under terrorism and terrorism-related legislation. It includes data on arrests and subsequent outcomes, including charges and convictions. Data presented here have been provided to the Home Office by the Association of Chief Police Officers (ACPO), Crown Prosecution Service (CPS), National Offender Management Service (NOMS), Scottish Prison Service, and the Metropolitan Police Service (MPS) and cover the period up to 30 September 2014.
Updates to this series are released on a quarterly basis, usually in the months of March, June, September and December. The September release is an expanded ‘annual’ release which presents yearly trends back to 11 September 2001 when the data collection began. The other 3 releases are ‘quarterly’ updates and provide data for the most recent 9 quarters, as well as totals since 11 September 2001.
Further details on this release, including a summary of the criminal justice process, details of the terrorism legislation covered and definitions of different categories of terrorists can be found in the user guide. Data tables also accompany this release.
The statistics presented here capture the latest position of terrorism-related offending and the use of counter-terrorism powers in Great Britain. Data provided by the ACPO Counter Terrorism Coordination Centre (ACTCC) provide details on persons arrested, charged and prosecuted under terrorism, and terrorism-related legislation. These data are based on the date that an individual is arrested and are taken from a live database. As cases progress through the criminal justice system, data for previous quarters may be updated to reflect the most recent situation. This will be reflected in the figures, and data for some quarters may have changed since the previous release in this series. Data provided by the CPS give information on the number of persons proceeded against and convicted in England and Wales. These data are based on the trial completion date. Due to the difference in dates that the data are recorded against, the 2 datasets outlined above are not directly comparable.
Data provided by NOMS and the Scottish Prison Service give details on the number of persons in custody for terrorism-related offences and domestic extremism at a given moment in time. Details on the number of prisoners released from custody are also provided. This release also includes data on the number of stops and searches conducted under section 43 of the Terrorism Act 2000 by the MPS, as well as the number of Schedule 7 examinations carried out in Great Britain (as provided to the Home Office by ACPO).
Data presented in this release are used in a number of ways, for example to monitor the way legislation is used to tackle terrorism, and to track police activity over time, particularly uses of stop and search. The release is used to answer requests for information on terrorism-related offending in Great Britain.
2. Key findings
2.1 Arrests and outcomes
In the year ending 30 September 2014.
There were 234 persons arrested for terrorism-related offences, a fall of 7% compared with the 252 arrests in the year ending 30 September 2013.
Of the 234 persons arrested, the largest proportion by gender, ethnicity, age and nationality were as follows:
- 213 (91%) were male
- 122 (52%) were recorded as being of Asian ethnic appearance
- 109 (47%) were aged 30 and over
- 180 (77%) considered themselves to be either British, or British dual nationality
Ninety-three (40%) terrorism-related arrests resulted in a charge, 13 percentage points lower than the previous year. However, a further 58 persons (25%) were dealt with using alternative action, including 44 who were bailed to return pending further investigation.
Of the 93 persons charged, 77 (83%) were for terrorism-related offences. Fifty-four of these were charged under terrorism legislation and 23 under non-terrorism legislation.
At the time of data provision for this release (2 January 2015), 29 of the 77 persons charged with terrorism-related offences had been proceeded against. Of these, 26 were convicted of an offence.
2.2 Court proceedings
Data provided by the CPS show that of the 30 persons proceeded against in the year ending 30 September 2014, 22 were convicted and 8 were acquitted. This represents a fall compared with the 93% conviction rate the previous year.
Of the 22 persons convicted, 14 pleaded guilty. Twenty were given immediate custodial sentences, 3 of whom received life sentences.
2.3 Terrorist and extremist prisoners
As at 30 September 2014 there were 145 terrorist/extremist prisoners in Great Britain, 83% of whom were UK nationals. Just under a quarter (33) of the prisoners were classified as domestic extremists. The remaining 112 were in custody for terrorism-related offences.
Around a half of all persons in custody for terrorism-related offences as at 30 September 2014 considered themselves to be of Asian ethnicity and a third self-defined their ethnicity as White.
Of those in custody for terrorism-related offences, 96% declared themselves as Muslim. Of those in custody for domestic extremism, the most common religious category was ‘no religion’, with 42% falling into this category.
Sixty-eight prisoners were released during the year ending 30 September 2014, 28% higher than the number released in the year ending 30 September 2013. The majority (56%) of these prisoners had served a custodial sentence of more than 12 months.
2.4 Stops and searches
To date, no searches have been made in Great Britain under section 47A of the Terrorism Act 2000. This is in part due to changes in legislation which mean the power must now be used in a much more targeted and proportionate manner.
The MPS stopped and searched 360 persons under section 43 of the Terrorism Act 2000 (s43 TACT) in the year ending 30 September 2014. This represents a 21% fall on the previous year’s total of 457. The arrest rate for s43 TACT searches was 7%, the same proportion as the previous year.
The most common self-defined ethnicity of persons stopped and searched under s43 TACT was White (41% of searches), followed by Asian or Asian British (24%).
A total of 37,064 persons were stopped at ports in Great Britain under Schedule 7 to TACT, a fall of a quarter on the previous year. In the year ending 30 September 2014, 684 persons were detained following a Schedule 7 examination, an increase of 10% compared with the previous year.
3. Arrests and outcomes
3.1 Introduction
Statistics presented here represent the number of persons arrested by police in Great Britain where there is suspicion of involvement with terrorist activity, either at the time of arrest, or at a subsequent moment in the investigation. Outcomes following these arrests are also included in the statistics and show the number of arrests that lead to subsequent charges, prosecutions and convictions. Data here are provided to the Home Office by ACTCC based on the latest positions as at 2 January 2015, covering data up to 30 September 2014. All data presented in this section are based on the date of arrest.
3.2 Arrests
All arrests reported on in this release are considered to be terrorism related either at the time of arrest or during a subsequent investigation. In some cases, evidence may emerge that suggests a suspect does not have links to terrorism, but has committed an offence. These cases are included in the arrest data.
As there are a relatively small number of persons arrested for terrorism-related offences each year, the data are subject to proportionally large fluctuations. Changes in police and public activity and attitudes can have an impact on the number of persons arrested for terrorism-related offences. For example, terrorism-related events (such as the London attacks on 7 July 2005) can impact upon public reporting of suspicious activity, and in turn, arrest patterns. Furthermore, police operational decisions in response to specific threats or events (such as the London 2012 Olympics) can have an impact. Individual cases involving multiple suspects can also impact the figures.
There were 234 persons arrested for terrorism-related offences in the year to 30 September 2014, a fall of 7% on the previous year. Since 11 September 2001, when the current data collection was set up by ACTCC, there have been 2,770 terrorism arrests.
Terrorism-related arrests can be made under the Police and Criminal Evidence Act 1984 (PACE), Scottish Common Law, or under section 41 of the Terrorism Act 2000 (s41 TACT), if arresting officers require additional powers of detention or need to arrest a person suspected of terrorism-related activity without a warrant. The decision of what power to use when arresting an individual is an operational one for the police.
In the year ending 30 September 2014, 21% of terrorism-related arrests were under s41 TACT. In recent years, police have favoured other legislation when making terrorism-related arrests. Over the last 2 years there has been an average of 10 s41 TACT arrests per quarter, compared with 50 terrorism-related arrests under other legislation. These recent trends can be seen in contrast to the overall picture since 11 September 2001, where 62% of terrorism-related arrests have been made under s41 TACT.
Figure 3.1 Arrests for terrorism-related offences, by type of legislation
Source: Home Office, Data table A.01.
3.3 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. This gives the police time to investigate and accumulate evidence pertaining to potential terrorism offences. The current maximum period of detention under s41 TACT is 14 days (after being reduced from 28 days on 25 January 2011). Further details can be found in the user guide.
In the year ending 30 September 2014, 47 of the 49 persons detained under s41 TACT were dealt with within 7 days, with 8 of these being detained for less than a day. Of those detained, 25 were charged and 24 were released. Of the 24 persons who were subsequently released, 15 were released within 2 days, with the remaining 9 being released within 7 days.
3.4 Charges and charging rates
Once an individual has been arrested, and the police are unable to detain the suspect for any further length of time (after 14 days for s41 TACT arrests, and up to 4 days under standard arrest powers), the police must decide whether to charge the suspect, release the suspect without charge, or whether to take alternative action, such as releasing an individual on bail, or issuing a caution.
Of the 234 persons arrested for terrorism-related offences in the year ending 30 September 2014, 93 (40%) were charged, 83 (35%) were released without charge and the remaining quarter (58) had alternative action taken against them (44 of whom were bailed to return pending further investigation). Charge rates for the most recent year remain similar to charge rates for all terrorism-related arrests since 11 September 2001 (39%). However, as investigations are finalised, particularly those relating to individuals who have been bailed pending further investigation, the 40% charge rate seen for the year to 30 September 2014 could increase. Caution should be taken when comparing charging rates over time, as these are subject to change when unfinished investigations are eventually completed.
Figure 3.2 Persons charged following terrorism-related arrests, by type of charge
Source: Home Office, Data table A.04.
If it is decided that a suspect is to be charged following a terrorism-related arrest, the police may charge an individual under either terrorism legislation, or non-terrorism legislation depending on the nature of the offence. There are also some cases where an individual is arrested for terrorism-related activity, but after further investigation, no evidence is found to support the link with terrorism. In such cases, the individual may be charged for non-terrorism-related offences under non-terrorism legislation. The proportion of persons charged for non-terrorism-related offences, following an arrest for a terrorism-related offence decreased from 53% of those arrested in the year to 30 September 2013 to 17% of those arrested in the year to 30 September 2014.
Of the 93 charges brought in the year ending 30 September 2014, 77 (83%) were terrorism related. Fifty of these charges were under terrorism legislation, 4 were specifically under Schedule 7 TACT, which relate to failures to comply with border controls, and 23 were under non-terrorism legislation. In the remaining 16 cases (17%), an individual initially arrested for terrorism-related offences was later charged for a non-terrorism-related offence.
The breakdown of the 1,073 charges since 11 September 2001 consists of 411 (38%) charges under terrorism-related legislation, 77 (7%) under Schedule 7 to TACT, 190 (18%) charges under non-terrorism legislation where the offence was considered to be terrorism related, and 395 (37%) charges under non-terrorism legislation where the offences were not considered to be terrorism related.
3.5 Charges by offence
In line with the normal procedures for criminal justice statistics, each suspect has been classified in terms of a single principal offence. This means that when an individual is charged with a number of offences, they are recorded only against the most serious one, usually the one that carries the highest penalty. This means that the figures count the number of individuals charged, rather than the number of individual offences committed.
For the 488 persons charged under terrorism legislation since 11 September 2001 the main principal charges related to:
- preparation for terrorist acts (18%)
- possession of an article for terrorist purposes (16%)
- failing to comply with duty at a port or border controls (16%)
- collection of information useful for an act of terrorism (11%)
- fundraising (10%)
For the 190 persons charged under non-terrorism legislation where the offence was considered terrorism related, the most prevalent principal charges were:
- conspiracy to commit murder (18%)
- offences under the Explosive Substances Act 1883 (13%)
- offences under the Fraud Act 2006 (7%)
- offences under the Proceeds of Crime Act 2002 (6%)
In addition to the above charges, a total of 395 persons have been charged with offences identified by ACTCC to be non-terrorism related, despite the original arrest being for a terrorism-related offence. The most frequent principal charges were for:
- Forgery and Counterfeiting Act 1981 (10%)
- Theft Acts 1968 and 1978 (9%)
- Fraud Act 2006 (7%)
- Misuse of Drugs Act 1971 (7%)
- Public Order Act 1986 (6%)
- Firearms Act 1968 (6%)
3.6 Court proceedings and outcomes of charges
Once an individual has been charged they are likely to face prosecution. If an individual has been charged with a terrorism-related offence, they may still be convicted of a non-terrorism-related offence, for example in cases where there is insufficient evidence to link an offence to terrorism but another non-terrorism-related offence has been committed.
The statistics presented here are based on arrest dates. If an individual is prosecuted in a particular quarter, the prosecution will show against the quarter in which the individual was initially arrested. Due to the complex nature of terrorism investigations, trials may take place several years after an arrest or charge occurs. As time goes on, more trials will reach conclusions, so figures for previous quarters may be updated. For this reason, caution must be taken when comparing prosecution rates over time. More recent years/quarters are likely to have lower prosecution rates as more cases are awaiting completion.
Of the 77 persons charged for terrorism-related offences in the year to 30 September 2014, 29 had been proceeded against. Of these, 26 were convicted (15 under terrorism legislation and 11 under non-terrorism legislation). A further 42 persons charged for terrorism-related offences are awaiting prosecution, and 6 were not proceeded against.
Since 11 September 2001, 678 persons have been charged with terrorism-related offences. Of these, 539 have been prosecuted. Of those prosecuted, 394 have been convicted of terrorism-related offences, and 38 for non-terrorism-related offences. Overall 64% (432) of those charged were found guilty following prosecution (although this is likely to increase as more cases reach conclusion). A further 16% were found not guilty at court. The remaining 21% were either not proceeded against, given another outcome or are awaiting prosecution.
Table 3.1 Outcomes1 of charges2, 3 for terrorism-related offences under terrorism and non-terrorism legislation
Source: Home Office, Data table A.06c.
Table Notes
‘-‘ = Nil
1. Data presented here are based on the latest position of each case as at the date of data provision from ACTCC (2 January 2015).
2. Includes all charges under terrorism and non-terrorism legislation following arrests considered by ACTCC to be terrorism related.
3. Refers to the substantive charge at indictment recorded by the Crown Prosecution Service.
4. Excludes cases when a conviction was later quashed on appeal.
3.7 Convictions by offence
The most frequent principal offences for persons convicted since 11 September 2001 under terrorism legislation were:
- preparation for terrorist acts (25% of persons convicted)
- collection of information useful for an act of terrorism (16%)
- failing to comply with duty at a port or border controls (13%)
The most common principal convictions under non-terrorism legislation for offences which were considered terrorism related were:
- offences under the Explosive Substances Act 1883 (18%)
- conspiracy to commit murder (10%)
- offences under the Forgery and Counterfeiting Act 1981 (9%)
- Firearms Act 1968 offences (8%)
- Fraud Act (8%)
Details of terrorism-related arrests that subsequently resulted in a non-terrorism-related charge or conviction can be found in Tables A.07 and A.08c.
3.8 Gender, age and ethnic appearance of persons arrested, charged and convicted
Of the 2,770 persons arrested for terrorism-related offences since 11 September 2001, 93% were male. This breakdown is consistent throughout the criminal justice system where 93% of those charged for terrorism-related offences and 94% of those prosecuted following a charge for terrorism-related offences are male. Full breakdowns can be found in Table A.09.
Since 11 September 2001, the age group with the highest proportion of persons arrested, charged and convicted for a terrorism-related offence was the 30 and over age group, comprising 47% of persons arrested, 44% of persons charged for terrorism-related offences and 41% of persons convicted for a terrorism-related offence. Full breakdowns can be found in Table A.10.
Excluding cases where the ethnicity of the person was unknown, more than a third (38%) of all persons arrested since 11 September 2001 were recorded by police as being of Asian ethnic appearance. Proportions of other recorded ethnicities at arrest were 30% White, 20% other and 12% Black. Similar proportions were seen at point of charge and conviction. Full breakdowns can be found in Table A.11.
Of the 234 persons arrested in the year ending 30 September 2014, the highest numbers by sex, ethnicity and age were: 213 (91%) males, 122 (52%) of Asian ethnic appearance, and 109 (47%) aged 30 and over.
Figure 3.3 Age group and ethnic appearance of those arrested for terrorism-related offences since 11 September 20011,2
Source: Home Office, Data tables A.10 and A.11.
Chart Notes
- Excludes cases where the ethnic appearance or age group of the person arrested was unknown.
- Totals may not equal 100% due to rounding.
3.9 Nationality of persons arrested, charged and convicted
Just over half of the 2,770 persons arrested for terrorism-related offences since 11 September 2001 self-declared their nationality as British or British dual nationality (1,462, or 53%). Of the remaining persons arrested, the most frequent self-declared nationalities were: Algerian (156 persons), Pakistani (138), Iraqi (118), Afghanistani (76), Iranian (64), Indian (59), Somalian (52) and Turkish (50).
The proportion of persons arrested for terrorism-related offences who considered themselves to be of British or British dual nationality has shown a gradual increase. In the year ending 30 September 2013, 65% of all those arrested for terrorism-related offences considered themselves to be of British or British dual nationality. This increased to 77% in the year ending 30 September 2014.
Full breakdowns for all nationalities at arrest can be found in Table A.12a. Data on nationalities of those charged and convicted for terrorism-related offences by self-declared nationality at time of arrest can be found in Tables A.12b and A.12c.
3.10 Categorisation of persons arrested, charged and convicted
Statistics on the categorisation of those arrested, charged and convicted are available in this release. Categorisations are based on whether an individual is found to have involvement with any type of terrorism, either at the time of arrest or following subsequent investigations. The categories identify those associated with domestic, international, and Northern-Ireland-related terrorism. The data also includes persons found not to be associated with any type of terrorism at the time of arrest or charge (which could include airport travellers charged for failing to comply with an examination under Schedule 7 to TACT), then found to have no terrorist links after investigation. For more information on the categorisation of terrorism-related suspects see the user guide.
Of those arrested since 11 September 2001, 79% were classified as international and 10% were classified as domestic. Seven per cent were classified as Northern-Ireland-related terrorists (NIRT), and the remaining 4% could not be linked to any of the above categories. Full breakdowns of classification of those arrested, charged and convicted can be found in Table A.13.
3.11 Data tables
Statistics on persons arrested for terrorism-related offences, and the resulting charges and outcomes can be found in Tables A.01 to A.13. These include data on types of arrests, charges and prosecutions, the legislation and powers police have used to deal with terror suspects, and demographic breakdowns of individuals arrested, charged and prosecuted.
3.12 Data quality and interpreting the figures
Statistics presented in this section are provided to the Home Office by ACTCC and are correct at the time of data provision (2 January 2015). As cases progress over time, outcomes can change and figures for previous quarters may be updated in this release. ACTCC regularly review their cases to ensure records are up to date. This can result in records being added, removed or amended.
Ethnicities of persons arrested presented in this section are based on ethnic appearances recorded by the police at the time of arrest. In some cases, this may differ from the actual ethnicities of persons arrested. Self-declared nationalities of persons arrested may also differ from their actual nationalities; if for example, the arrestee gives a false nationality at the time of arrest.
Categorisation of those arrested for terrorism-related offences are based on assessment from ACTCC and may not be mutually exclusive. Additionally, categorisations may change as cases progress and new evidence comes to light. From the year ending March 2011 onwards, the use of the ‘not classified’ category was reviewed to ensure that stricter categories of involvement were adhered to. As a result, figures from that year onwards include a greater number of ‘not classified’ persons, and are therefore not directly comparable to previous year’s figures.
The user guide provides further details relating to definitions, legislation and procedures, and data quality.
4. Court proceedings
4.1 Introduction
This section provides statistics on prosecutions by the Crown Prosecution Service Counter Terrorism Division (CPS CTD). It includes proceedings that were completed in the year ending 30 September 2014 in England and Wales and is based on trial completion date. The statistics relate to the number of defendants prosecuted, on a principal offence basis. That is, if an individual is prosecuted for more than one offence, they will be recorded against the most serious offence only, based on which offence has the highest penalty.
Due to the complex nature of terrorism investigations, court proceedings may take place several years after an arrest. Proceedings completed in the year ending 30 September 2014 can relate to arrests made in earlier years.
4.2 Court proceedings
In the year ending 30 September 2014 a total of 30 trials were completed by the CPS CTD for terrorism-related offences. Of these, 22 defendants were convicted and 8 were acquitted. These 30 proceedings can be broken down into 13 cases where persons were proceeded against for TACT offences (11 of which were convicted) and 17 cases where persons were proceeded against for non-TACT offences (11 of which were convicted). In the year ending 30 September 2013, 33 out of 36 trials related to TACT offences resulted in a conviction and 6 out of 6 trials relating to non-TACT offences resulted in a conviction. Conviction rates for the year ending 30 September 2013 are higher than for the year ending 30 September 2014 for proceedings relating to both TACT and non-TACT offences.
Table 4.1 Conviction rates for those proceeded against by the CPS for terrorism-related offences, by type of legislation1,2
Percentages | England and Wales | |
---|---|---|
Legislation | Year ending 30 Sep 2013 | Year ending 30 Sep 2014 |
TACT offences | 92 | 85 |
Non-TACT offences | 100 | 65 |
All offences | 93 | 73 |
Source: Data tables C.02 and C.03.
Table Notes
- Trials that end in an acquittal can include cases ending in a hung jury, or where the prosecution can offer no evidence.
- Data in this table are presented on a principal offence basis. When a person is tried for multiple offences in the same trial, only the most serious offence with the largest sentence is included in the data.
A full breakdown of court proceedings broken down by offence and outcome can be seen in the data tables C.02 to C.03.
4.3 Sentencing
Of the 11 persons convicted under terrorism legislation in the year ending 30 September 2014, 10 received custodial sentences, 8 of whom were sentenced to between 1 and 4 years. One person was given a non-custodial sentence. Of the 11 persons convicted under non-terrorism legislation, 10 received custodial sentences (including 3 life sentences). One person was given a hospital order. Of the 22 persons convicted in the year ending 30 September 2014, 14 had pleaded guilty.
4.4 Data tables
Data on court proceedings dealt with by the CPS CTD can be found in Tables C.01 to C.04.
4.5 Data quality and interpreting the figures
In line with the normal procedures for criminal justice statistics, and in order to present data on the number of persons dealt with by CPS CTD (rather than the number of individual offences), data in this section are presented on a principal offence basis. This means that if an individual is proceeded against for multiple offences at the same time, the most serious offence is the one counted in these data. If an individual is subsequently proceeded against on another occasion for a different offence, the additional case will also be included in the dataset.
Due to the complex nature of terrorism investigations, court proceedings may take place several years after an arrest or charge takes place. Trials completed in a particular time period may relate to arrests that have taken place at an earlier period. For example, a person sentenced in the year ending 30 September 2014 may have been arrested in the year ending 30 September 2013. Statistics presented here are based on the trial completion data and are not directly comparable to the court proceedings data in section 3 (arrests and outcomes). Data in section 3 are based on the time of arrest.
5. Terrorist and extremist prisoners
5.1 Introduction
Statistics presented here are provided by the National Offender Management Service (NOMS) and the Scottish Prison Service. They provide details of the number of persons in custody for terrorism and domestic extremism. This includes a breakdown of the number of persons in custody for terrorism-related offences, and the number of individuals who belong to domestic groups, which include groups such as animal rights, and far-right groups. See the user guide for more details. Data on the nationality and religion of those in custody are also included, as well as data on prisoners released from custody.
5.2 Persons in custody
As at 30 September 2014, there were 145 persons in custody in Great Britain for terrorism-related offences and domestic extremism. This comprised of individuals either remanded in custody pending a trial or hearing, convicted of a terrorism-related offence, or awaiting extradition or deportation. Thirty-three of these were domestic extremists and 112 were in custody for terrorism-related offences.
Excluding those whose ethnicity was not recorded, of those in custody for terrorism-related offences and domestic extremism, as at 30 September 2014, 50% considered themselves to be Asian or Asian British, and 34% considered themselves to be White. Eleven per cent considered themselves to be Black or Black British and 4% were of mixed ethnicity. The remaining 1% classified themselves as Chinese or Other. The breakdown is different when comparing domestic extremists with those convicted for terrorism-related offences. Ninety-four per cent of those in custody for domestic extremism were White. In contrast, of those convicted for terrorism-related offences, only 16% self-defined as White. Overall, the majority of those convicted under terrorism, or terrorism-related legislation were Asian or Asian British (64%).
Figure 5.1 Persons in custody for terrorism-related offences and domestic extremism, by self-defined ethnicity1, as at 30 September 2014
Source: Home Office, Data table P.02.
Chart Notes
- Excludes cases where ethnicity was unrecorded.
The nationalities of the 145 persons in custody in Great Britain for terrorism-related and domestic extremism offences as at 30 September 2014 were spread over 17 countries, with the majority being UK nationals (121). Others defined themselves as being African (9), Asian (8), or non-UK European (6). The nationality of the remaining one prisoner was not recorded. Further breakdowns of nationality can be seen in Table P.03.
There is some contrast between the religion of those in custody for terrorism-related offences and those in custody for domestic extremism. Of those in custody for terrorism-related offences, 108 of the 112 considered themselves to be Muslim. Those in custody for domestic extremism were more spread across the different religious categories. Fourteen out of the 33 persons in custody for domestic extremism had ‘no religion’. Seven said they were ‘Other Christian’ and 6 said they were ‘Anglican’. Full religion breakdowns can be seen in Table P.04.
5.3 Persons released from custody
A total of 68 terrorist/extremist prisoners were released on completion of a custodial sentence in the year ending 30 September 2014. This number is 28% higher than the year ending 30 September 2013. Of those released in the year ending 30 September 2014, 12 had served custodial sentences of more than 4 years, and 33 had served sentences of less than 4 years. The remaining 23 prisoners were released from custody having been held on remand or as non-criminal prisoners. Full breakdowns of prisoners released from custody by length of sentence can be found in Table P.05.
5.4 Data tables
Data on persons in prison custody can be found in Tables P.01 to P.05.
5.5 Data quality and interpreting the figures
Data presented in this section include persons held on remand as well as those held after conviction or sentencing. Categories for types of prisoners are based on assessment at the time of entering custody. Full definitions of these categories can be found in the user guide.
Self-declared religion is given by prisoners on entry to prison. Some prisoners may subsequently change religion. These changes will not be accounted for in the figures. As with all self-declared characteristics, self-declared religion, self-declared ethnicity and self-declared nationality assume that the prisoner has given the correct details. This may not always be the case.
Due to the relatively small numbers of persons in custody for terrorism-related offences, caution is needed when examining the ethnic breakdown of those in custody. Small changes in the number of persons belong to each ethnic group can lead to large percentage changes.
6. Stops and searches
6.1 Introduction
This section presents statistics on the use of stop and search powers available to police under the Terrorism Act 2000 (TACT). Data on the number of section 43 stops and searches and resultant arrests have been provided to the Home Office by the MPS. Data on Schedule 7 examinations have been provided to the Home Office by ACPO. Information on the legislative background to these powers can be found in the user guide.
6.2 Stops and searches under the Terrorism Act 2000
Section 44 of the Terrorism Act 2000 (s44 TACT) provided police officers with the power to stop and search persons and vehicles for articles which could be used in connection with terrorism. Police forces were able to authorise the use of s44 stops and searches within a particular area during an agreed period without the need for reasonable suspicion. Where powers were required for longer than 48 hours, the Home Secretary was required to authorise such actions. The majority of those police forces that regularly authorised the use of s44 ceased using the power following the Home Secretary’s statement on 8 July 2010. On 18 March 2011, all s44 powers were formally replaced with section 47A of the Terrorism Act 2000 (s47A) stop and search powers, which have a significantly higher threshold for authorisation than s44 searches (see the user guide for more details). There has, as yet, been no use of stop and search powers under s47A in Great Britain.
Section 43 of the Terrorism Act 2000 (s43 TACT) allows a constable to stop and search a person whom he reasonably suspects to be involved in terrorist activity. As many forces are unable to separate s43 TACT stops and searches from other stops and searches, this section includes data from the MPS only.
In the year ending 30 September 2014, 360 persons were stopped and searched under s43 TACT by the MPS. This represents a 21% fall on the previous year total of 457. The arrest rate for s43 stops and searches was 7% in the year ending 30 September 2014, the same as the previous year.
Figure 6.1 Stops and searches and resultant arrests of persons under section 43 (s43) of the Terrorism Act 20001, Metropolitan Police Service
Source: Home Office, Data table S.01.
Chart Notes
- Excludes ‘vehicle only’ searches.
Excluding those whose ethnicity was not defined, of those stopped and searched under s43 TACT, the proportion who defined themselves as White rose from 38% of searches in the year ending 30 September 2013 to 46% in the following year. The proportion who defined themselves as Asian or Asian British fell by 8 percentage points over the same period, from 34% to 26%. For those who defined themselves as Black or Black British at the time of search, the proportion fell from 16% to 14%, and the proportion who defined themselves as Chinese or Other rose from 9% to 11%. Those who defined themselves as of mixed ethnicity fell from 4% to 2%.
6.3 Examinations under Schedule 7 to the Terrorism Act 2000
Schedule 7 to the Terrorism Act 2000 allows an examining officer to stop and question individuals travelling through ports, airports, international rail stations or the border area. When necessary they may also detain and search individuals. The aim is to determine whether that person appears to be someone who is or has been concerned in the commission, preparation or instigation of acts of terrorism. In the year ending 30 September 2014, a total of 37,064 examinations were conducted under this power in Great Britain, a fall of 25% on the previous year. Of these examinations, 35,166 (95%) were held for under an hour and the remaining persons were held for over an hour. The proportion held for under an hour was one percentage point lower than the previous year.
Figure 6.2 Number of Schedule 7 examinations carried out, by length of examination
Source: Home Office, Data table S.04.
Of those examined in the year ending 30 September 2014, a relatively high proportion of persons did not self-define their ethnicity at the time of search (8%); therefore proportions by ethnicity presented here exclude these persons. Of those that did self-define their ethnicity, 42% were White, 24% were Asian or Asian British, 20% were Chinese or Other, 9% were Black or Black British and 6% were of mixed ethnicity.
While proportions who self-defined as White fell in the year ending 30 September 2014 (by 2 percentage points compared with the year ending 30 September 2013), rises were seen for those who self-defined as Mixed, Asian or Asian British, and Chinese or Other (all up by one percentage point). The proportion of those who self-defined as Black or Black British remained the same.
In total, 684 persons were detained following a Schedule 7 examination in the year ending 30 September 2014, up 10% from 623 in the previous year. This increase follows the introduction of the Anti-social Behaviour, Crime and Policing Act 2014 in August 2014, which amended the powers under Schedule 7 to the Terrorism Act 2000 to ensure that a mandatory detention takes place where an examination lasts for more than an hour.
Excluding persons who did not self-define their ethnicity, the largest proportion of those detained self-defined their ethnicity as Asian or Asian British (37%) followed by Chinese or Other (29%) and then Black or Black British (18%). Proportions of those detained who were White and of mixed ethnicity were lower, at 9% and 6% respectively. Ethnic breakdowns of those detained during a Schedule 7 stop and search have remained similar in the year ending 30 September 2014 compared with the year ending 30 September 2013.
The total number of Schedule 7 examinations can be seen in the context of 115.3 million arrivals in the UK in the year ending 30 September 2014. Assuming a similar number of departures through UK ports, this gives a rate of just under 2 persons searched out of every 10,000 persons passing through UK ports.
6.4 Data quality and interpreting the figures
Ethnicities of search recipients reported under section 43, 47A and Schedule 7 are self-defined, and therefore may differ from the actual ethnicities of persons searched in a small number of cases. For example, the persons stopped and searched may give a false ethnicity at the time of the search.
The use of stop and search practices are regularly reviewed by the Home Office, HM Inspectorate of Constabulary, and other policing-related bodies, to ensure the practices are used fairly and proportionally. Such reviews can impact the way in which police officers enforce stop and search powers, which will in turn have an impact on the figures in this section.
Due to the relatively small number of persons stopped and searched by the MPS under section 43 of the Terrorism Act 2000, caution is needed when examining the ethnic breakdown of those arrested as a result of such stops and searches. Small changes in the number of persons belonging to each ethnic group can lead to large percentage changes.
7. Revisions analysis
This section gives some general information about data revisions between releases. Where major changes are made, they are outlined below. There have been no such changes in this release.
7.1 Arrests and outcomes
As data for the section are drawn from a live database, most of the differences between releases are a result of case progression over time. For example, in historic years/quarters the number of persons bailed to return pending further investigation, and those awaiting trial, show small decreases between releases as more investigations and trials are complete. This in turn leads to small increases in the number of persons charged or released without charge, as well as convicted or given other outcomes.
On occasion changes in classifications of offences can cause more significant changes; however, no such changes occurred for this release.
7.2 Court proceedings
Figures presented in this section are based on completed cases. Therefore revisions are not expected between releases, unless a conviction is quashed as a result of appeal. No sentences have been quashed in recent years and therefore no recent submissions have been made between releases.
7.3 Terrorist and extremist prisoners
Prisoner population figures presented in this release are based on population at specific dates which are not expected to change retrospectively. There have been no recent revisions to this section between releases.
7.4 Stops and searches
Stop and search data are drawn from administrative systems held by the police. Therefore on occasions revisions may be made where search outcomes are concluded late for example. No recent revisions have been made to this section between releases.