Terrorism Act 2000.
Schedule 7.
Kent Police provide the following information on their website about their use of “Schedule 7 of the Terrorism Act 2000”. This is the power that they use to stop, question and detain people at ports. They state that the use of this legislation is regularly and independently reviewed. “The legislation is unique and applies only at a port or border area. Some people may find being stopped by the police inconvenient and embarrassing, but we have a duty to protect our communities from terrorism and your patience and understanding helps us to do this” states their information leaflet. Please remember that much of the following information is written by the police and not by activists.
Kent is the gateway to Europe through the ports of Dover, Folkestone and Ramsgate, the Channel Tunnel and a number of airfields and airports such as Manston and Lydd. Policing these key entry and exit points to the UK takes three main forms:
– combating the threat of terrorism from both inside and outside the UK
– tackling organised immigration crime (for example, people smuggling and child trafficking)
– tackling organised commodity crime (the smuggling of goods, including drugs and firearms)
Terrorism
Since the London bombings on 7 July 2005, the country has been in a heightened state of alert. The continuing threat to the UK is constantly being monitored. Kent Police regularly assesses the security measures we have in place and regularly reviews our policing response.
We have a key role to play in countering the current threats and maintaining national security. We will continue to use powers available under the Terrorism Act 2000 which enable us to stop, question and detain people if necessary.
Code of Practice
The Home Office has published a code of practice for officers carrying out examinations under the Act.
If you are stopped
Read our FAQs for information should you be stopped at a port, airport or when travelling through the Channel Tunnel. You can also download the information to take with you: Information if you’re stopped at Kent’s borders PDF 800kb.
Report any suspicions
We continue to urge the public and businesses to stay vigilant and report anything suspicious or unusual. In an emergency call 999, or contact your local police station by calling our central switchboard on 01622 690690. It is important to contact us – even if you only have a hunch about something. You may hold a crucial piece of information in an ongoing investigation.
– Visit the Home Office security website for more information on security in the UK
FAQs:
Why have you stopped me?
Examining officers have the power under the Terrorism Act 2000 to stop and question people to find out if they appear to have been involved in commissioning, preparing or instigating acts of terrorism. Unlike most other police powers, the power to stop, search and, if necessary, detain people under Schedule 7 does not require prior authority or any suspicion that the person stopped is involved in terrorism.
How long can you keep me?
Most examinations take only a short time, however the law allows for up to nine hours. It can only be longer if you are being detained under other powers available to the examining officer. If this is the case, it will be explained to you. During long periods, your personal needs will be considered, such as refreshments.
Why have you asked for my passport?
So that we can identify you. Other forms of documentation that can positively identify you may also be acceptable. You must also give the examining officer any other documents or information requested.
Can you search me or my luggage or vehicle?
Yes, you and your vehicle can be searched. The examining officer can also search anything you have with you or which belongs to you and is on a ship, aircraft, train or shuttle train. They can also search anything belonging to you which may have been, or is about to go, on a ship, aircraft, train or shuttle train. The examining officer can seize any property they find.
Can you take my fingerprints, DNA and photograph?
Yes, in the circumstances set out under Schedule 8 of the Terrorism Act 2000*
How long can you keep my property?
Property is normally returned to you straight away, or at the conclusion of the examination. Documents and other belongings which are found in relation to the examination or search can be held for seven days. They can be kept for longer if they are needed as evidence in criminal proceedings or if they are needed pending a decision on a deportation order under the Immigration Act.
What if I don’t want to stay here or go along with any of the requests you make of me?
Examining officers have the right to detain you, by force if necessary, using powers contained in Schedule 7 of the Terrorism Act. If you decide not to go along with any of the requests made of you, you could be prosecuted. This may result in a one year prison sentence or a fine or both and is separate from any conviction or sentence if found guilty of a terrorist offence. If you are formally detained under Schedule 7 powers, your rights will be explained to you.
What are my rights?
If you are with us for more than one hour you may contact a solicitor, or we can contact one for you, at your own expense. You may have someone who you know, or who may have an interest in your welfare, informed that you are being questioned and where you are.
Why wasn’t I cautioned/given a notice of search?
Unlike many other police powers, when questioned under Schedule 7, you need not be cautioned. Where searches are made, there is no requirement for a written notice of search to be provided to you.
Where can I complain about my treatment or find out more information?
Kent police welcomes any comments or concerns you may have about your experiences during this process by:
– email: kentborders@kent.pnn.police.uk
– post: Frontier Operations – Public Correspondence, Longport Police Station, Ashford Road, Folkestone, Kent CT18 8AP
Alternatively, you can make a complaint online at www.kjent.police.uk/complaints or get advice from the Independent Police Complaints Commission at www.ipcc.gov.uk. Additional information is available on the Kent Police website and the Home Office website.
The Law.
Interpretation
1 (1)In this Schedule “examining officer” means any of the following—
(a)a constable,
(b)an immigration officer, and
(c)a customs officer who is designated for the purpose of this Schedule by the Secretary of State and the Commissioners of Customs and Excise.
(2)In this Schedule—“the border area” has the meaning given by paragraph 4,
“captain” means master of a ship or commander of an aircraft,
“port” includes an airport and a hoverport,
“ship” includes a hovercraft, and
“vehicle” includes a train.
(3)A place shall be treated as a port for the purposes of this Schedule in relation to a person if an examining officer believes that the person—
(a)has gone there for the purpose of embarking on a ship or aircraft, or
(b)has arrived there on disembarking from a ship or aircraft.
Power to stop, question and detain
2 (1)An examining officer may question a person to whom this paragraph applies for the purpose of determining whether he appears to be a person falling within section 40(1)(b).*
*[40(1) “terrorist” means a person who—(b)” is or has been concerned in the commission, preparation or instigation of acts of terrorism”]
(2)This paragraph applies to a person if—
(a)he is at a port or in the border area, and
(b)the examining officer believes that the person’s presence at the port or in the area is connected with his entering or leaving Great Britain or Northern Ireland or his travelling by air within Great Britain or within Northern Ireland.
(3)This paragraph also applies to a person on a ship or aircraft which has arrived at any place in Great Britain or Northern Ireland (whether from within or outside Great Britain or Northern Ireland).
(4)An examining officer may exercise his powers under this paragraph whether or not he has grounds for suspecting that a person falls within section 40(1)(b).
3 An examining officer may question a person who is in the border area for the purpose of determining whether his presence in the area is connected with his entering or leaving Northern Ireland.
4 (1)A place in Northern Ireland is within the border area for the purposes of paragraphs 2 and 3 if it is no more than one mile from the border between Northern Ireland and the Republic of Ireland.
(2)If a train goes from the Republic of Ireland to Northern Ireland, the first place in Northern Ireland at which it stops for the purpose of allowing passengers to leave is within the border area for the purposes of paragraphs 2 and 3.
5 A person who is questioned under paragraph 2 or 3 must—
(a)give the examining officer any information in his possession which the officer requests;
(b)give the examining officer on request either a valid passport which includes a photograph or another document which establishes his identity;
(c)declare whether he has with him documents of a kind specified by the examining officer;
(d)give the examining officer on request any document which he has with him and which is of a kind specified by the officer.
6 (1)For the purposes of exercising a power under paragraph 2 or 3 an examining officer may—
(a)stop a person or vehicle;(b)detain a person.
(2)For the purpose of detaining a person under this paragraph, an examining officer may authorise the person’s removal from a ship, aircraft or vehicle.
(3)Where a person is detained under this paragraph the provisions of Part I of Schedule 8 (treatment) shall apply.
(4)A person detained under this paragraph shall (unless detained under any other power) be released not later than the end of the period of nine hours beginning with the time when his examination begins.
Searches
7 For the purpose of satisfying himself whether there are any persons whom he may wish to question under paragraph 2 an examining officer may—
(a)search a ship or aircraft;
(b)search anything on a ship or aircraft;
(c)search anything which he reasonably believes has been, or is about to be, on a ship or aircraft.
8 (1)An examining officer who questions a person under paragraph 2 may, for the purpose of determining whether he falls within section 40(1)(b)—
(a)search the person;
(b)search anything which he has with him, or which belongs to him, and which is on a ship or aircraft;
(c)search anything which he has with him, or which belongs to him, and which the examining officer reasonably believes has been, or is about to be, on a ship or aircraft;
(d)search a ship or aircraft for anything falling within paragraph (b)
(e)search a vehicle which is on a ship or aircraft;
(f)search a vehicle which the examining officer reasonably believes has been, or is about to be, on a ship or aircraft.
(2)Where an examining officer questions a person in the border area under paragraph 2 he may (in addition to the matters specified in sub-paragraph (1)), for the purpose of determining whether the person falls within section 40(1)(b)—
(a)search a vehicle;
(b)search anything in or on a vehicle;
(c)search anything which he reasonably believes has been, or is about to be, in or on a vehicle.
(3)A search of a person under this paragraph must be carried out by someone of the same sex.
[for more about this schedule, see http://www.legislation.gov.uk/ukpga/2000/11/schedule/7]
Offences
18 (1)A person commits an offence if he—
(a)wilfully fails to comply with a duty imposed under or by virtue of this Schedule,
(b)wilfully contravenes a prohibition imposed under or by virtue of this Schedule, or
(c)wilfully obstructs, or seeks to frustrate, a search or examination under or by virtue of this Schedule.
(2)A person guilty of an offence under this paragraph shall be liable on summary conviction to imprisonment for a term not exceeding three months or a fine not exceeding level 4 on the standard scale, or both.
Extra.
9.1 Management Responsibilities page 44
Managers need to ensure that all powers used under Schedule 7 are applied only to determine whether a person is, or have been, involved in the commission, preparation and instigation of act of terrorism. These powers should not be used for any other purpose.
Briefings to examining officers must not direct, or imply, that a Schedule 7 Examination should be conducted for any reason unconnected to terrorism. Managers should ensure that officers are fully briefed and aware of other powers of stop and search that may be available in some circumstances.
Schedule 7 Terrorism Act Powers are unique in that they require no prior authority or reasonable suspicion. They should, therefore, only be used by officers who have been provided with clear information and instruction regarding their use. Examining officers and managers should remember that all interactions with the public at ports must be carried out to a high standard. This is essential for maintaining public confidence.
Terrorism Act 2000.
Schedule 7.
Kent Police provide the following information on their website about their use of “Schedule 7 of the Terrorism Act 2000”. This is the power that they use to stop, question and detain people at ports. They state that the use of this legislation is regularly and independently reviewed. “The legislation is unique and applies only at a port or border area. Some people may find being stopped by the police inconvenient and embarrassing, but we have a duty to protect our communities from terrorism and your patience and understanding helps us to do this” states their information leaflet. Please remember that much of the following information is written by the police and not by activists.
Kent is the gateway to Europe through the ports of Dover, Folkestone and Ramsgate, the Channel Tunnel and a number of airfields and airports such as Manston and Lydd. Policing these key entry and exit points to the UK takes three main forms:
– combating the threat of terrorism from both inside and outside the UK
– tackling organised immigration crime (for example, people smuggling and child trafficking)
– tackling organised commodity crime (the smuggling of goods, including drugs and firearms)
Terrorism
Since the London bombings on 7 July 2005, the country has been in a heightened state of alert. The continuing threat to the UK is constantly being monitored. Kent Police regularly assesses the security measures we have in place and regularly reviews our policing response.
We have a key role to play in countering the current threats and maintaining national security. We will continue to use powers available under the Terrorism Act 2000 which enable us to stop, question and detain people if necessary.
Code of Practice
The Home Office has published a code of practice for officers carrying out examinations under the Act.
If you are stopped
Read our FAQs for information should you be stopped at a port, airport or when travelling through the Channel Tunnel. You can also download the information to take with you: Information if you’re stopped at Kent’s borders PDF 800kb.
Report any suspicions
We continue to urge the public and businesses to stay vigilant and report anything suspicious or unusual. In an emergency call 999, or contact your local police station by calling our central switchboard on 01622 690690. It is important to contact us – even if you only have a hunch about something. You may hold a crucial piece of information in an ongoing investigation.
– Visit the Home Office security website for more information on security in the UK
FAQs:
Why have you stopped me?
Examining officers have the power under the Terrorism Act 2000 to stop and question people to find out if they appear to have been involved in commissioning, preparing or instigating acts of terrorism. Unlike most other police powers, the power to stop, search and, if necessary, detain people under Schedule 7 does not require prior authority or any suspicion that the person stopped is involved in terrorism.
How long can you keep me?
Most examinations take only a short time, however the law allows for up to nine hours. It can only be longer if you are being detained under other powers available to the examining officer. If this is the case, it will be explained to you. During long periods, your personal needs will be considered, such as refreshments.
Why have you asked for my passport?
So that we can identify you. Other forms of documentation that can positively identify you may also be acceptable. You must also give the examining officer any other documents or information requested.
Can you search me or my luggage or vehicle?
Yes, you and your vehicle can be searched. The examining officer can also search anything you have with you or which belongs to you and is on a ship, aircraft, train or shuttle train. They can also search anything belonging to you which may have been, or is about to go, on a ship, aircraft, train or shuttle train. The examining officer can seize any property they find.
Can you take my fingerprints, DNA and photograph?
Yes, in the circumstances set out under Schedule 8 of the Terrorism Act 2000*
How long can you keep my property?
Property is normally returned to you straight away, or at the conclusion of the examination. Documents and other belongings which are found in relation to the examination or search can be held for seven days. They can be kept for longer if they are needed as evidence in criminal proceedings or if they are needed pending a decision on a deportation order under the Immigration Act.
What if I don’t want to stay here or go along with any of the requests you make of me?
Examining officers have the right to detain you, by force if necessary, using powers contained in Schedule 7 of the Terrorism Act. If you decide not to go along with any of the requests made of you, you could be prosecuted. This may result in a one year prison sentence or a fine or both and is separate from any conviction or sentence if found guilty of a terrorist offence. If you are formally detained under Schedule 7 powers, your rights will be explained to you.
What are my rights?
If you are with us for more than one hour you may contact a solicitor, or we can contact one for you, at your own expense. You may have someone who you know, or who may have an interest in your welfare, informed that you are being questioned and where you are.
Why wasn’t I cautioned/given a notice of search?
Unlike many other police powers, when questioned under Schedule 7, you need not be cautioned. Where searches are made, there is no requirement for a written notice of search to be provided to you.
Where can I complain about my treatment or find out more information?
Kent police welcomes any comments or concerns you may have about your experiences during this process by:
– email: kentborders@kent.pnn.police.uk
– post: Frontier Operations – Public Correspondence, Longport Police Station, Ashford Road, Folkestone, Kent CT18 8AP
Alternatively, you can make a complaint online at www.kjent.police.uk/complaints or get advice from the Independent Police Complaints Commission at www.ipcc.gov.uk. Additional information is available on the Kent Police website and the Home Office website.
A few notes from us at Freebeagles.
The officers stopping you do not have to give you their names, but should give you their “force identification number” if you request it.
If you ask for a solicitor or legal advice from someone, your examination will not be delayed while someone arrives – and if you refuse to answer questions, even while waiting for a solicitor, this will be seen as refusing to go along with requests made by an officer and you could be arrested. The law also seemingly has no ‘defence’ against it once an officer has decided to use it. It may be useful to at least read and perhaps have a copy with you of the ACPO guidelines regarding Sch7.
http://www.guardian.co.uk/commentisfree/libertycentral/2011/may/26/terrorism-act-schedule-7
ACPO guidelines – http://www.npia.police.uk/en/docs/Schedule_7_of_the_Terrorism_Act_2000.pdf
It is uncertain whether you could attempt to take a case to the High Court if you believe you were unfairly targeted specifically or you believe that an officer acted inappropriately towards you. It seems that it would be hard to make a successful claim against the police unless in an extreme situation – with several people involved or an extreme breach of the Police Code of Practice, etc. There have been numerous incidents where known animal rights activists have been stopped at borders under Sch7, including the author of this article, who was told that it was just a “random” and “routine” stop. In 2012, following the Anarchist Gathering in St. Imier, Switzerland, an amateur journalist and another anarchist were stopped upon returning to the UK. This was reported by Statewatch.
http://www.statewatch.org/news/2012/aug/08uk-arrest-of-anarchists.html
During the conference* held by FITwatch and NETPOL in April 2011 in London where activists and members of various organisations were invited to speak and share their experiences, a member of a university Islamic Society spoke of incidents where the parents of people involved in political activism had been stopped and questioned, with the police stating that they wanted to know what the activists were doing in order to protect them. Obviously parents can be vulnerable to scare stories from the police about grooming and violent acts and many had given information to the police believing that they were protecting their children. In a few cases, it was reported that people who “looked like” they might be from Middle Eastern countries were asked if they knew the whereabouts of Osama Bin Laden.
*http://www.blowe.org.uk/2011/04/this-sunday-standing-up-to-surveillance.html
At the time of writing (December 2012) the author has no knowledge of any animal rights (or other) activist who has been taken to court for refusing to answer questions put to them by the police. If you have any experience of being stopped under Sch7, please contact us as we would be interested in hearing your experiences.
The Law.
Interpretation
1 (1)In this Schedule “examining officer” means any of the following—
(a)a constable,
(b)an immigration officer, and
(c)a customs officer who is designated for the purpose of this Schedule by the Secretary of State and the Commissioners of Customs and Excise.
(2)In this Schedule—“the border area” has the meaning given by paragraph 4,
“captain” means master of a ship or commander of an aircraft,
“port” includes an airport and a hoverport,
“ship” includes a hovercraft, and
“vehicle” includes a train.
(3)A place shall be treated as a port for the purposes of this Schedule in relation to a person if an examining officer believes that the person—
(a)has gone there for the purpose of embarking on a ship or aircraft, or
(b)has arrived there on disembarking from a ship or aircraft.
Power to stop, question and detain
2 (1)An examining officer may question a person to whom this paragraph applies for the purpose of determining whether he appears to be a person falling within section 40(1)(b).*
*[40(1) “terrorist” means a person who—(b)” is or has been concerned in the commission, preparation or instigation of acts of terrorism”]
(2)This paragraph applies to a person if—
(a)he is at a port or in the border area, and
(b)the examining officer believes that the person’s presence at the port or in the area is connected with his entering or leaving Great Britain or Northern Ireland or his travelling by air within Great Britain or within Northern Ireland.
(3)This paragraph also applies to a person on a ship or aircraft which has arrived at any place in Great Britain or Northern Ireland (whether from within or outside Great Britain or Northern Ireland).
(4)An examining officer may exercise his powers under this paragraph whether or not he has grounds for suspecting that a person falls within section 40(1)(b).
3 An examining officer may question a person who is in the border area for the purpose of determining whether his presence in the area is connected with his entering or leaving Northern Ireland.
4 (1)A place in Northern Ireland is within the border area for the purposes of paragraphs 2 and 3 if it is no more than one mile from the border between Northern Ireland and the Republic of Ireland.
(2)If a train goes from the Republic of Ireland to Northern Ireland, the first place in Northern Ireland at which it stops for the purpose of allowing passengers to leave is within the border area for the purposes of paragraphs 2 and 3.
5 A person who is questioned under paragraph 2 or 3 must—
(a)give the examining officer any information in his possession which the officer requests;
(b)give the examining officer on request either a valid passport which includes a photograph or another document which establishes his identity;
(c)declare whether he has with him documents of a kind specified by the examining officer;
(d)give the examining officer on request any document which he has with him and which is of a kind specified by the officer.
6 (1)For the purposes of exercising a power under paragraph 2 or 3 an examining officer may—
(a)stop a person or vehicle;(b)detain a person.
(2)For the purpose of detaining a person under this paragraph, an examining officer may authorise the person’s removal from a ship, aircraft or vehicle.
(3)Where a person is detained under this paragraph the provisions of Part I of Schedule 8 (treatment) shall apply.
(4)A person detained under this paragraph shall (unless detained under any other power) be released not later than the end of the period of nine hours beginning with the time when his examination begins.
Searches
7 For the purpose of satisfying himself whether there are any persons whom he may wish to question under paragraph 2 an examining officer may—
(a)search a ship or aircraft;
(b)search anything on a ship or aircraft;
(c)search anything which he reasonably believes has been, or is about to be, on a ship or aircraft.
8 (1)An examining officer who questions a person under paragraph 2 may, for the purpose of determining whether he falls within section 40(1)(b)—
(a)search the person;
(b)search anything which he has with him, or which belongs to him, and which is on a ship or aircraft;
(c)search anything which he has with him, or which belongs to him, and which the examining officer reasonably believes has been, or is about to be, on a ship or aircraft;
(d)search a ship or aircraft for anything falling within paragraph (b)
(e)search a vehicle which is on a ship or aircraft;
(f)search a vehicle which the examining officer reasonably believes has been, or is about to be, on a ship or aircraft.
(2)Where an examining officer questions a person in the border area under paragraph 2 he may (in addition to the matters specified in sub-paragraph (1)), for the purpose of determining whether the person falls within section 40(1)(b)—
(a)search a vehicle;
(b)search anything in or on a vehicle;
(c)search anything which he reasonably believes has been, or is about to be, in or on a vehicle.
(3)A search of a person under this paragraph must be carried out by someone of the same sex.
[for more about this schedule, see http://www.legislation.gov.uk/ukpga/2000/11/schedule/7]
Offences
18 (1)A person commits an offence if he—
(a)wilfully fails to comply with a duty imposed under or by virtue of this Schedule,
(b)wilfully contravenes a prohibition imposed under or by virtue of this Schedule, or
(c)wilfully obstructs, or seeks to frustrate, a search or examination under or by virtue of this Schedule.
(2)A person guilty of an offence under this paragraph shall be liable on summary conviction to imprisonment for a term not exceeding three months or a fine not exceeding level 4 on the standard scale, or both.
Extra.
9.1 Management Responsibilities page 44
Managers need to ensure that all powers used under Schedule 7 are applied only to determine whether a person is, or have been, involved in the commission, preparation and instigation of act of terrorism. These powers should not be used for any other purpose. Briefings to examining officers must not direct, or imply, that a Schedule 7 Examination should be conducted for any reason unconnected to terrorism. Managers should ensure that officers are fully briefed and aware of other powers of stop and search that may be available in some circumstances.
Schedule 7 Terrorism Act Powers are unique in that they require no prior authority or reasonable suspicion. They should, therefore, only be used by officers who have been provided with clear information and instruction regarding their use. Examining officers and managers should remember that all interactions with the public at ports must be carried out to a high standard. This is essential for maintaining public confidence.