Editing Terrorism Act 2000 (section)

===Stop and search without suspicion===

====Section 44====
The most commonly encountered use of the Act was outlined in Section 44 which enables the police and the [[Home Secretary]] to define any area in the country as well as a time period wherein they could stop and search any vehicle or person, and seize "articles of a kind which could be used in connection with terrorism".<ref>{{cite web |url=http://www.opsi.gov.uk/acts/acts2000/00011--f.htm#44 |publisher=[[Government of the United Kingdom]] |access-date=2023-04-26 |archive-date=November 20, 2005 |archive-url=https://web.archive.org/web/20051120012113/http://www.opsi.gov.uk/acts/acts2000/00011--f.htm |title=Terrorism Act 2000 |lang=en-gb}}</ref> Unlike other [[Stop and search|stop and search powers]] that the police can use, Section 44 does not require the police to have "reasonable suspicion" that an offence has been committed, to search an individual.<ref>{{cite news|url=https://www.theguardian.com/commentisfree/libertycentral/2009/dec/09/police-detain-arrest-kettling|title=How can the police detain you?|last=Welch|first=James|date=9 December 2009|work=The Guardian|access-date=12 December 2009 | location=London}}</ref>

In 2009, over 100,000 searches were conducted under the powers, but none of these resulted in people being arrested for terrorism offences. 504 were arrested for other offences.<ref>{{cite news|author=Alan Travis |url=https://www.theguardian.com/uk/2010/oct/28/terrorism-police-stop-search-arrests |title=No terror arrests in 100,000 police counter-terror searches, figures show |work=The Guardian |date=28 October 2010 |access-date=28 October 2010 }}</ref>

In January 2010, the [[European Court of Human Rights]] ruled that stop-and-search powers granted under Section 44 were incompatible with the [[European Convention on Human Rights]]. It held that the rights under [[Article 8 of the European Convention on Human Rights|Article 8]] of two people stopped in 2003 outside the [[ExCeL London|ExCeL convention centre]] in London, which at the time was hosting a military equipment exhibition, had been breached. The Court found the powers were "not sufficiently circumscribed" and lacked "adequate legal safeguards against abuse", contrary to<!--Not "overruling" – ECtHR decisions cannot do that under the UK's constitution--> a 2003 [[High Court of Justice|High Court]] judgment upheld at the [[Court of Appeal of England and Wales|Court of Appeal]] and the [[House of Lords]].<ref name=BBC-Web1>{{cite news
  | title = Stop-and-search powers ruled illegal by European court
  |work=BBC News
  | date = 12 January 2010
  | url = http://news.bbc.co.uk/1/hi/uk/8453878.stm
  | access-date = 12 January 2010}}</ref>

Pending new powers in the [[Protection of Freedoms Bill]] (see [[#Section 47A|Section 47A]]), [[Theresa May]] made a [[Statutory Instrument (UK)#Remedial Orders under the Human Rights Act 1998|remedial order]] under the [[Human Rights Act 1998]] (the [[Terrorism Act 2000 (Remedial) Order 2011]]), which had the effect of repealing sections 44, 45, 46 and most of section 47.<ref name=HOpage>{{cite web|title=Terrorism Act 2000 (Remedial) Order 2011|url=http://www.homeoffice.gov.uk/publications/counter-terrorism/terrorism-act-remedial-order/|website=GOV.UK |publisher=[[Home Office]]|access-date=4 May 2011}}</ref><ref name="TA(R)O 2011"/>

{{quote|Members of the public and the media do not need a permit to film or photograph in public places and police have no power to stop them filming or photographing incidents or police personnel.
|author=London [[Metropolitan Police Service]]
|source=Photography Advice<ref name=met-photo-advice/>}}

====Section 47A====
As discussed above, since 18 March 2011 section 44 has been treated as repealed. It has been replaced with a new section 47A by the Terrorism Act 2000 (Remedial) Order 2011. Under the new provisions, searches can only be carried out as follows:

A senior police officer must make an authorisation in relation to a specified area or place. He can make such an authorisation only if he:<ref name="TA(R)O 2011">{{cite web|url=http://www.legislation.gov.uk/uksi/2011/631/made |title=Terrorism Act 2000 (Remedial) Order 2011 |publisher=Government of the United Kingdom }}</ref>
*reasonably suspects that an act of terrorism will take place, and
*considers that:
**the authorisation is necessary to prevent such an act,
**the specified area or place is no greater than is necessary to prevent such an act, and
**the duration of the authorisation is no longer than is necessary to prevent such an act.

When such an authorisation is in force, any constable in uniform can, in the specified area or place, stop:<ref name="TA(R)O 2011"/>
*a vehicle, and search:
**the vehicle,
**the driver of the vehicle,
**a passenger in the vehicle, and
**anything in or on the vehicle or carried by the driver or a passenger,
*a pedestrian, and search:
**the pedestrian, and
**anything carried by the pedestrian.

But the power to search can only be used for the purpose of discovering whether there is anything which may constitute evidence that:<ref name="TA(R)O 2011"/>
*the vehicle concerned is being used for the purposes of terrorism, or that
*the person concerned is or has been concerned in the commission, preparation or instigation of acts of terrorism.

The power conferred by such an authorisation may be exercised whether or not the constable reasonably suspects that there is such evidence.<ref name="TA(R)O 2011"/> A person or vehicle searched under this power may be detained for as long as is reasonably required. A person who is searched may be required to remove their headgear, footwear, outer coat, jacket or gloves, but nothing else whilst in public. If requested, a form must be given stating that the person/vehicle was stopped.<ref name="TA(R)O 2011"/>

An authorisation can be given by an [[Assistant Chief Constable]] (or if the area is in the [[Metropolitan Police District]] or the [[City of London]], then a [[Borough Commander|Commander]] of the [[Metropolitan Police]]/[[City of London Police]]).<ref name="TA(R)O 2011"/> Authorisations can also be given by the Assistant Chief Constables of:
*the [[British Transport Police]], in relation to railway property,
*the [[Ministry of Defence Police]], in relation to military land, ordnance factories or dockyards, or other places where the Ministry of Defence Police have an agreement to police (some [[gas terminal]]s)
*the [[Civil Nuclear Constabulary]], in relation to nuclear power stations and associated land, and land up to 5 kilometres from such places.

If given verbally, authorisations must be confirmed in writing as soon as reasonably practicable, and in either case must be notified to the [[Home Office]] as soon as reasonably practicable. Authorisations must be confirmed by the Home Office within 48 hours of their being made, or they expire automatically. If confirmed, an authorisation can only last for up to 14 days. An authorisation can be cancelled at any time, or restricted in respect of the time it ends or the area which it covers, but it cannot be expanded. New authorisations can be made regardless of whether previous authorisations exist, or have been cancelled or have expired.<ref name="TA(R)O 2011"/>