New stop and search power proposed to tackle terrorism
The Home Office has published a new paper outlining plans to give police officers extra stop and search powers to help protect the public from the threat of terrorism.
The draft revised code of practice for England, Wales and Scotland covers the exercise of stop and search powers under the Terrorism Act (TACT) 2000.
It contains a new stop and search power that enables a police officer to search a terrorist offender who has been released on licence and not recalled, and whose licence includes a search condition, at any place the officer has legal access to.
To utilise the proposed power, the officer must be satisfied that it is necessary to do so for the purposes of protecting the public from the risk of terrorism.
The Home Office says the change reflects a new stop and search power that has been inserted into TACT 2000 by the Police, Crime, Sentencing and Courts Act 2022.
The move has been taken in response to recommendations made by Jonathan Hall QC, the Independent Reviewer of Terrorism Legislation, following his independent review of the Multi-Agency Public Protection Arrangements (MAPPA) used to supervise terrorist and terrorism-risk offenders on licence.
Mr Hall QC’s review was commissioned by the Home Secretary following the terrorist attack at Fishmongers’ Hall in November 2019. The ‘Fishmongers’ Hall prevention of future deaths’ report also recommended that a new power of personal search be created.
“Given the existing version of the code was brought into force in 2012, the Government has also taken this opportunity to make other minor amendments to the code to ensure it accurately reflects current practice, legislation, terminology and organisational responsibilities,” said the Home Office.
It added that “proportionate use of the powers” would contribute towards the “primary purpose of counter-terrorism work – ensuring the safety of the public”.
Leicester, Leicestershire and Rutland police and crime commissioner Rupert Matthews said he welcomed this “important move”, which gives police officers “greater clarity and powers to do their jobs more effectively and potentially save lives”.
He added: “We must leave no stone unturned to keep the public safe from the threat and risk of terrorism. I hope these proposed changes receive the backing of the Government swiftly so they can be utilised by officers as soon as possible.”
The draft revised code for the exercise of stop and search powers was laid before Parliament this week and will come into force once it has been debated and approved by both Houses of Parliament.