Terrorism Bill

Terrorism Bill - continued	House of Commons

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	PART V
	COUNTER-TERRORIST POWERS
	Suspected terrorists
Terrorist: interpretation.	38. - (1) In this Part "terrorist" means a person who-
	(a) has committed an offence under any of sections 10, 11, 14 to 17, 52 and 54 to 56, or
	(b) is or has been concerned in the commission, preparation or instigation of acts of terrorism.
	(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.
Arrest without warrant.	39. - (1) A constable may arrest without a warrant a person whom he reasonably suspects to be a terrorist.
	(2) Where a person is arrested under this section the provisions of Schedule 7 (detention: treatment, review and extension) shall apply.
	(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-
	(a) with the time of his arrest under this section, or
	(b) if he was being detained under Schedule 6 when he was arrested under this section, with the time when his examination under that Schedule began.
	(4) If on a review of a person's detention under Part II of Schedule 7 the review officer does not authorise continued detention, the person shall (unless detained under any other power) be released.
	(5) Where a police officer intends to apply for a warrant under Part III of that Schedule extending a person's detention, the person may be detained pending the making of the application.
	(6) Where an application is being made or has been made under Part III of that Schedule for a warrant extending a person's detention, he may be detained pending the conclusion of proceedings on the application.
	(7) Where a warrant is issued under Part III of that Schedule in respect of a person's detention, he may be detained during the period specified in the warrant.
Search of premises.	40. - (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 38(1)(b) is to be found there.
	(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 39.
	(3) In the application of subsection (1) to Scotland-
	(a) "justice of the peace" includes the sheriff, and
	(b) the justice of the peace or sheriff can be satisfied as mentioned in that subsection only by having heard evidence on oath.
Search of persons.	41. - (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.
	(2) A constable may search a person arrested under section 39 to discover whether he has in his possession anything which may constitute evidence that he is a terrorist.
	(3) A search of a person under this section must be carried out by someone of the same sex.
	Power to stop and search
Authorisations.	42. - (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-
	(a) the vehicle;
	(b) the driver of the vehicle;
	(c) a passenger in the vehicle;
	(d) anything in the vehicle or carried by the driver or a passenger.
	(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-
	(a) the pedestrian;
	(b) anything carried by him.
	(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.
	(4) An authorisation may be given-
	(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;
	(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;
	(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 of the City of London police;
	(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.
	(5) If an authorisation is given orally, the person giving it shall confirm it in writing as soon as is reasonably practicable.

Prepared 2 December 1999