Today the Government are launching a consultation on our revised codes of practice to schedule 7 to the Terrorism Act 2000 (TACT) and schedule 3 to the Counter-Terrorism and Border Security Act 2019 (CTBSA). These powers are key components of the UK’s national security infrastructure, providing examining officers—accredited constables and immigration and customs officers—with the power to stop, question and, when necessary, search and detain individuals who pass through the UK’s borders, for the purpose of determining, under schedule 7, whether that person is, or has been, involved in the commission, preparation or instigation of acts of terrorism and, under schedule 3, to determine if they are engaged in hostile activity. These powers are non-suspicion—officers may stop and question a person whether or not there are grounds for suspecting that the person is or has been concerned in terrorism or hostile state activity.
The codes of practice set out the processes and safeguards governing the exercise of schedule 7 and schedule 3 powers by examining officers. They provide detail on how the power should be used, including examples where relevant, and are intended to ensure the highest standards of professionalism and compliance with these important powers.
The Government are proposing several changes to the codes of practice to clarify use of the powers, clarify the rights and protections of individuals subject to the powers, and impose additional modest safeguards. These include responses to recommendations made by the independent reviewer of terrorism legislation.
The consultation will run for six weeks, until 27 April 2025. The Government will publish their response thereafter, and will then amend the codes through secondary legislation at the next available opportunity. A copy of the consultation will be placed in the Libraries of both Houses and made available on
www.gov.uk.[HCWS526]