Terrorism Bill - continued        House of Lords

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  PART V
  COUNTER-TERRORIST POWERS
 
Suspected terrorists
Terrorist: interpretation.     40. - (1) In this Part "terrorist" means a person who-
 
 
    (a) has committed an offence under any of sections 11, 12, 15 to 18, 54 and 56 to 63, 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.     41. - (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 8 (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 7 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 8 the review officer does not authorise continued detention, the person shall (unless detained in accordance with subsection (5) or (6) or under any other power) be released.
 
      (5) Where a police officer intends to make an application for a warrant under paragraph 29 of Schedule 8 extending a person's detention, the person may be detained pending the making of the application.
 
      (6) Where an application has been made under paragraph 29 or 36 of Schedule 8 in respect of a person's detention, he may be detained pending the conclusion of proceedings on the application.
 
      (7) Where an application under paragraph 29 or 36 of Schedule 8 is granted in respect of a person's detention, he may be detained, subject to paragraph 37 of that Schedule, during the period specified in the warrant.
 
      (8) The refusal of an application in respect of a person's detention under paragraph 29 or 36 of Schedule 8 shall not prevent his continued detention in accordance with this section.
 
      (9) A person who has the powers of a constable in one Part of the United Kingdom may exercise the power under subsection (1) in any Part of the United Kingdom.
 
Search of premises.     42. - (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 40(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 41.
 
      (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.     43. - (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 41 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.
 
      (4) A constable may seize and retain anything which he discovers in the course of a search of a person under subsection (1) or (2) and which he reasonably suspects may constitute evidence that the person is a terrorist.
 
      (5) A person who has the powers of a constable in one Part of the United Kingdom may exercise a power under this section in any Part of the United Kingdom.
 
 
Power to stop and search
Authorisations.     44. - (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 or on 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 in the City of London police force;
 
    (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.
 
Exercise of power.     45. - (1) The power conferred by an authorisation under section 44(1) or (2)-
 
 
    (a) may be exercised only for the purpose of searching for articles of a kind which could be used in connection with terrorism, and
 
    (b) may be exercised whether or not the constable has grounds for suspecting the presence of articles of that kind.
      (2) A constable may seize and retain an article which he discovers in the course of a search by virtue of section 44(1) or (2) and which he reasonably suspects is intended to be used in connection with terrorism.
 
      (3) A constable exercising the power conferred by an authorisation may not require a person to remove any clothing in public except for headgear, footwear, an outer coat, a jacket or gloves.
 
      (4) Where a constable proposes to search a person or vehicle by virtue of section 44(1) or (2) he may detain the person or vehicle for such time as is reasonably required to permit the search to be carried out at or near the place where the person or vehicle is stopped.
 
      (5) Where-
 
 
    (a) a vehicle or pedestrian is stopped by virtue of section 44(1) or (2), and
 
    (b) the driver of the vehicle or the pedestrian applies for a written statement that the vehicle was stopped, or that he was stopped, by virtue of section 44(1) or (2),
       the written statement shall be provided.
 
      (6) An application under subsection (5) must be made within the period of 12 months beginning with the date on which the vehicle or pedestrian was stopped.
 
 
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Prepared 7 June 2000