The Home Office has published a policy paper outlining changes in
the draft revised code of practice covering the exercise of stop
and search powers by police officers under the Terrorism Act
2000.
Documents
Draft revised code of practice
(England, Wales and Scotland) for the exercise of stop and search
powers
PDF, 707
KB, 72 pages
Details
This draft revised code of practice for England, Wales and
Scotland covers the exercise of stop and search powers under
sections 43, 43A and 43C of the Terrorism Act
(TACT) 2000 and the
authorisation and exercise of stop and search powers relating to
section 47A of, and Schedule 6B to TACT 2000.
It reflects a new stop and search power, new section 43C, that
has been inserted into TACT 2000 by the Police,
Crime, Sentencing and Courts Act 2022.
This power was 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.
In accordance with section 47AC(2) of TACT 2000, the Secretary of State has
consulted the Lord Advocate and such other persons as she
considered appropriate before preparing the alterations to the
code of practice.
Pursuant to sections 47AB(1)(a) and 47AC(3) of TACT 2000, the Secretary of State
must lay a copy of the draft revised code of practice before
Parliament.
This draft revised code was laid before Parliament on 18 July
2022 and will come into force once it has been debated and
approved by both Houses of Parliament.
Applies to England, Scotland and Wales
