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PART
V |
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COUNTER-TERRORIST
POWERS |
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Suspected terrorists |
Terrorist:
interpretation. |
40.
- (1) In this Part "terrorist" means a person who-
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(a) has committed
an offence under any of sections 11, 12, 15 to 18, 54 and 56 to
63, or
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(b) is or
has been concerned in the commission, preparation or instigation
of acts of terrorism.
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(2)
The reference in subsection (1)(b) to a person who has been concerned
in the commission, preparation or instigation of acts of terrorism
includes a reference to a person who has been, whether before or
after the passing of this Act, concerned in the commission, preparation
or instigation of acts of terrorism within the meaning given by
section 1.
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Arrest
without warrant. |
41.
- (1) A constable may arrest without a warrant a person whom he
reasonably suspects to be a terrorist.
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(2)
Where a person is arrested under this section the provisions of
Schedule 8 (detention: treatment, review and extension) shall apply.
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(3)
Subject to subsections (4) to (7), a person detained under this
section shall (unless detained under any other power) be released
not later than the end of the period of 48 hours beginning-
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(a) with the
time of his arrest under this section, or
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(b) if he
was being detained under Schedule 7 when he was arrested under
this section, with the time when his examination under that Schedule
began.
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(4)
If on a review of a person's detention under Part II of Schedule
8 the review officer does not authorise continued detention, the
person shall (unless detained in accordance with subsection (5)
or (6) or under any other power) be released.
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(5)
Where a police officer intends to make an application for a warrant
under paragraph 29 of Schedule 8 extending a person's detention,
the person may be detained pending the making of the application.
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(6)
Where an application has been made under paragraph 29 or 36 of Schedule
8 in respect of a person's detention, he may be detained pending
the conclusion of proceedings on the application.
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(7)
Where an application under paragraph 29 or 36 of Schedule 8 is granted
in respect of a person's detention, he may be detained, subject
to paragraph 37 of that Schedule, during the period specified in
the warrant.
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(8)
The refusal of an application in respect of a person's detention
under paragraph 29 or 36 of Schedule 8 shall not prevent his continued
detention in accordance with this section.
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(9)
A person who has the powers of a constable in one Part of the United
Kingdom may exercise the power under subsection (1) in any Part
of the United Kingdom.
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Search
of premises. |
42.
- (1) A justice of the peace may on the application of a constable
issue a warrant in relation to specified premises if he is satisfied
that there are reasonable grounds for suspecting that a person whom
the constable reasonably suspects to be a person falling within
section 40(1)(b) is to be found there.
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(2)
A warrant under this section shall authorise any constable to enter
and search the specified premises for the purpose of arresting the
person referred to in subsection (1) under section 41.
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(3)
In the application of subsection (1) to Scotland-
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(a) "justice
of the peace" includes the sheriff, and
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(b) the justice
of the peace or sheriff can be satisfied as mentioned in that
subsection only by having heard evidence on oath.
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Search
of persons. |
43.
- (1) A constable may stop and search a person whom he reasonably
suspects to be a terrorist to discover whether he has in his possession
anything which may constitute evidence that he is a terrorist.
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(2)
A constable may search a person arrested under section 41 to discover
whether he has in his possession anything which may constitute evidence
that he is a terrorist.
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(3)
A search of a person under this section must be carried out by someone
of the same sex.
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(4)
A constable may seize and retain anything which he discovers in
the course of a search of a person under subsection (1) or (2) and
which he reasonably suspects may constitute evidence that the person
is a terrorist.
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(5)
A person who has the powers of a constable in one Part of the United
Kingdom may exercise a power under this section in any Part of the
United Kingdom.
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Power to stop and search |
Authorisations. |
44.
- (1) An authorisation under this subsection authorises any constable
in uniform to stop a vehicle in an area or at a place specified
in the authorisation and to search-
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(b) the driver
of the vehicle;
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(c) a passenger
in the vehicle;
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(d) anything
in or on the vehicle or carried by the driver or a passenger.
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(2)
An authorisation under this subsection authorises any constable
in uniform to stop a pedestrian in an area or at a place specified
in the authorisation and to search-
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(b) anything
carried by him.
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(3)
An authorisation under subsection (1) or (2) may be given only if
the person giving it considers it expedient for the prevention of
acts of terrorism.
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(4)
An authorisation may be given-
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(a) where
the specified area or place is the whole or part of a police area
outside Northern Ireland other than one mentioned in paragraph
(b) or (c), by a police officer for the area who is of at least
the rank of assistant chief constable;
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(b) where
the specified area or place is the whole or part of the metropolitan
police district, by a police officer for the district who is of
at least the rank of commander of the metropolitan police;
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(c) where
the specified area or place is the whole or part of the City of
London, by a police officer for the City who is of at least the
rank of commander in the City of London police force;
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(d) where
the specified area or place is the whole or part of Northern Ireland,
by a member of the Royal Ulster Constabulary who is of at least
the rank of assistant chief constable.
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(5)
If an authorisation is given orally, the person giving it shall
confirm it in writing as soon as is reasonably practicable.
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Exercise
of power. |
45.
- (1) The power conferred by an authorisation under section 44(1)
or (2)-
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(a) may be
exercised only for the purpose of searching for articles of a
kind which could be used in connection with terrorism, and
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(b) may be
exercised whether or not the constable has grounds for suspecting
the presence of articles of that kind.
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(2)
A constable may seize and retain an article which he discovers in
the course of a search by virtue of section 44(1) or (2) and which
he reasonably suspects is intended to be used in connection with
terrorism.
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(3)
A constable exercising the power conferred by an authorisation may
not require a person to remove any clothing in public except for
headgear, footwear, an outer coat, a jacket or gloves.
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(4)
Where a constable proposes to search a person or vehicle by virtue
of section 44(1) or (2) he may detain the person or vehicle for
such time as is reasonably required to permit the search to be carried
out at or near the place where the person or vehicle is stopped.
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(5)
Where-
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(a) a vehicle
or pedestrian is stopped by virtue of section 44(1) or (2), and
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(b) the driver
of the vehicle or the pedestrian applies for a written statement
that the vehicle was stopped, or that he was stopped, by virtue
of section 44(1) or (2),
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the
written statement shall be provided.
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(6)
An application under subsection (5) must be made within the period
of 12 months beginning with the date on which the vehicle or pedestrian
was stopped.
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Duration
of authorisation. |
46.
- (1) An authorisation under section 44 has effect, subject to subsections
(2) to (7), during the period-
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(a) beginning
at the time when the authorisation is given, and
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(b) ending
with a date or at a time specified in the authorisation.
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(2)
The date or time specified under subsection (1)(b) must not occur
after the end of the period of 28 days beginning with the day on
which the authorisation is given.
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(3)
The person who gives an authorisation shall inform the Secretary
of State as soon as is reasonably practicable.
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(4)
If an authorisation is not confirmed by the Secretary of State before
the end of the period of 48 hours beginning with the time when it
is given-
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(a) it shall
cease to have effect at the end of that period, but
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(b) its ceasing
to have effect shall not affect the lawfulness of anything done
in reliance on it before the end of that period.
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(5)
Where the Secretary of State confirms an authorisation he may substitute
an earlier date or time for the date or time specified under subsection
(1)(b).
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(6)
The Secretary of State may cancel an authorisation with effect from
a specified time.
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(7)
An authorisation may be renewed in writing by the person who gave
it or by a person who could have given it; and subsections (1) to
(6) shall apply as if a new authorisation were given on each occasion
on which the authorisation is renewed.
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Offences. |
47.
- (1) A person commits an offence if he-
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(a) fails
to stop a vehicle when required to do so by a constable in the
exercise of the power conferred by an authorisation under section
44(1);
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(b) fails
to stop when required to do so by a constable in the exercise
of the power conferred by an authorisation under section 44(2);
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(c) wilfully
obstructs a constable in the exercise of the power conferred by
an authorisation under section 44(1) or (2).
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(2)
A person guilty of an offence under this section shall be liable
on summary conviction to-
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(a) imprisonment
for a term not exceeding six months,
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(b) a fine
not exceeding level 5 on the standard scale, or
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Parking |
Authorisations. |
48.
- (1) An authorisation under this section authorises any constable
in uniform to prohibit or restrict the parking of vehicles on a
road specified in the authorisation.
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(2)
An authorisation may be given only if the person giving it considers
it expedient for the prevention of acts of terrorism.
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(3)
An authorisation may be given-
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(a) where
the road specified is outside Northern Ireland and is wholly or
partly within a police area other than one mentioned in paragraphs
(b) or (c), by a police officer for the area who is of at least
the rank of assistant chief constable;
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(b) where
the road specified is wholly or partly in the metropolitan police
district, by a police officer for the district who is of at least
the rank of commander of the metropolitan police;
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(c) where
the road specified is wholly or partly in the City of London,
by a police officer for the City who is of at least the rank of
commander in the City of London police force;
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(d) where
the road specified is in Northern Ireland, by a member of the
Royal Ulster Constabulary who is of at least the rank of assistant
chief constable.
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(4)
If an authorisation is given orally, the person giving it shall
confirm it in writing as soon as is reasonably practicable.
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Exercise
of power. |
49.
- (1) The power conferred by an authorisation under section 48 shall
be exercised by placing a traffic sign on the road concerned.
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(2)
A constable exercising the power conferred by an authorisation under
section 48 may suspend a parking place.
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(3)
Where a parking place is suspended under subsection (2), the suspension
shall be treated as a restriction imposed by virtue of section 48-
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(a) for the
purposes of section 99 of the Road Traffic Regulation Act 1984
(removal of vehicles illegally parked, &c.) and of any regulations
in force under that section, and
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(b) for the
purposes of Articles 47 and 48 of the Road Traffic Regulation
(Northern Ireland) Order 1997 (in relation to Northern Ireland).
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Duration
of authorisation. |
50.
- (1) An authorisation under section 48 has effect, subject to subsections
(2) and (3), during the period specified in the authorisation.
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(2)
The period specified shall not exceed 28 days.
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(3)
An authorisation may be renewed in writing by the person who gave
it or by a person who could have given it; and subsections (1) and
(2) shall apply as if a new authorisation were given on each occasion
on which the authorisation is renewed.
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Offences. |
51.
- (1) A person commits an offence if he parks a vehicle in contravention
of a prohibition or restriction imposed by virtue of section 48.
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(2)
A person commits an offence if-
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(a) he is
the driver or other person in charge of a vehicle which has been
permitted to remain at rest in contravention of any prohibition
or restriction imposed by virtue of section 48, and
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(b) he fails
to move the vehicle when ordered to do so by a constable in uniform.
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(3)
It is a defence for a person charged with an offence under this
section to prove that he had a reasonable excuse for the act or
omission in question.
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(4)
Possession of a current disabled person's badge shall not itself
constitute a reasonable excuse for the purposes of subsection (3).
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(5)
A person guilty of an offence under subsection (1) shall be liable
on summary conviction to a fine not exceeding level 4 on the standard
scale.
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(6)
A person guilty of an offence under subsection (2) shall be liable
on summary conviction to-
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(a) imprisonment
for a term not exceeding three months,
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(b) a fine
not exceeding level 4 on the standard scale, or
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Interpretation. |
52.
In sections 48 to 51-
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"disabled person's
badge" means a badge issued, or having effect as if issued, under
any regulations for the time being in force under section 21 of
the Chronically Sick and Disabled Persons Act 1970 (in relation
to England and Wales and Scotland) or section 14 of the Chronically
Sick and Disabled Persons (Northern Ireland) Act 1978 (in relation
to Northern Ireland);
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"driver" means,
in relation to a vehicle which has been left on any road, the
person who was driving it when it was left there;
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"parking" means
leaving a vehicle or permitting it to remain at rest;
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"traffic sign"
has the meaning given in section 142(1) of the Road Traffic Regulation
Act 1984 (in relation to England and Wales and Scotland) and in
Article 28 of the Road Traffic Regulation (Northern Ireland) Order
1997 (in relation to Northern Ireland);
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"vehicle" has
the same meaning as in section 99(5) of the Road Traffic Regulation
Act 1984 (in relation to England and Wales and Scotland) and Article
47(4) of the Road Traffic Regulation (Northern Ireland) Order
1997 (in relation to Northern Ireland).
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Port and border controls |
Port
and border controls. |
53.
- (1) Schedule 7 (port and border controls) shall have effect.
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(2)
The Secretary of State may by order repeal paragraph 16 of Schedule
7.
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(3)
The powers conferred by Schedule 7 shall be exercisable notwithstanding
the rights conferred by section 1 of the Immigration Act 1971 (general
principles regulating entry into and staying in the United Kingdom).
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