Schedule 7 of the Terrorism Act 2000 provides powers for ‘examining officers’ at ports and airports, to stop, question and/or detain people they believe they are engaged in acts of terrorism, without the need for any reasonable suspicion.
Please note additional laws enforced by the COVID19 pandemic are not covered in this post, but there is a link to a related article below.
Despite this law being approved under the Terrorism Act, there is no record of it ever being used to successfully apprehend terrorists. It is unfortunately often misused to gather intelligence, for which it is not designed. As numbers of vulnerable people have increased due to the COVID19 pandemic it is vital to know your rights if you are stopped by the police.
1.) Stop and Search at the Border
- You may be stopped at any point at the border of the UK, at airports, on an aircraft, ship or any vehicle. You may be detained for up to 6 hours and by reasonable force if you do not comply. They will ask you for ID, and you can be searched and have your devices searched without written permission. You can be asked to supply the passwords to your mobile devices, laptops etc. These devices can be taken for up to 7 days. Refusal to comply can result in a fine or prison sentence. You have the right to a solicitor.
- The police can only question you about yourself, if they believe you personally have a role in the commission, preparation, or instigation of terrorism, not a third party but YOU directly.
- It is always good to have legal support in your mind that you can trust in case of such emergencies.
- If your search leads to you missing your flight / connection you will not receive any compensation for the loss of travel.
- Questions should be related to you only, not third parties (friends or families).
- It is not a chit chat with the police, they don’t have the right to question you about your interests.
What Will Happen in a Street Stop and Search?
A police officer or a police community support officer (PCSO) in uniform can stop you but only police officers can search you. A police officer does not have to be in uniform but they must show you their warrant (ID) card.
There are two types of stop and search by the police:
2.) Stop and Account
- The police can stop and search you at any time ; ask your name, what your doing and where you are going. You do not have to answer any questions and this would not be a reason for your arrest or search. The police cannot enforce a ‘chat’ with you.
3.) Stop and Search
You are allowed to film the police – unless it is mentioned this some how will come under the act of terrorism.
- You and/or your vehicle may be searched if the police believe there are reasonable grounds to do so; this includes if they suspect you of carrying, illegal drugs, a weapon, stolen property or something which could be used to commit a crime. The police cannot stop you on the grounds of your race, gender or pervious criminal record.
- You can be stopped and searched without reasonable grounds if it has been approved by a senior police officer. For this you must be suspected of serious violence, of carrying or having used a weapon, or that you’re in a specific location. Always ask why you are being detained.
- Before you are searched the police must give you the following information about themselves:
- Name and police station
- What they are looking for, E.g. drugs
- Why they want to search you
- Why they are legally allowed to search you
- How you can have a record of the search
- The search record must contain the following information:
- the officer’s details
- date, time and place of the stop and search
- reason for the stop and search
- outcome of the stop and search
- your self-defined ethnicity
- vehicle registration number (if relevant)
- what the officer was looking for and anything they found
- your name or a description if you refuse to give your name
- The police can ask you to remove outwear such as your coat, gloves or jacket. They cannot ask you to forcibly remove any item of religious clothing such as a hijab or turban. If they request this they must take you away from public view and respect your privacy. The police officer requesting this must also be of the same sex as you.
- Being stopped and searched does not mean you are being arrested.
Tips: Stay Calm, Be Polite and ask questions, especially if you feel uncomfortable.
More Information:
Know Your Rights – Islamic Human Rights Commission
Coronavirus – Your Rights -Liberty
