Codes of practice for officers using examination powers at ports

Schedule 3 to the Counter-Terrorism and Border Security Act 2019 provides for new powers to stop, question, search and detain a person at a UK port or the Northern Ireland border area to determine whether they are, or have been, engaged in hostile activity. These provisions will serve to address a current gap in our ability to tackle the threat posed by hostile state actors and mirror in many respects the existing powers to stop and question persons at UK ports for counter-terrorism purposes.

The Counter-Terrorism and Border Security Act 2019 also amends schedule 7 to the Terrorism Act 2000, including to give effect to 2 recommendations of the former Independent Reviewer of Terrorism Legislation, Lord Anderson: providing for the suspension of the examination clock whilst someone receives medical treatment; and including a bar on the use of oral answers given in examination in subsequent criminal proceedings.

Both the Terrorism Act 2000 and the 2019 Act require the codes of practice to be put out for consultation. As part of this consultation, the government welcomes comments on the new ‘Schedule 3 Code of Practice’ and the revised draft ‘Schedule 7 Code of Practice.’

Any representations made about these documents will be considered by the government before a final version of the draft codes is laid before Parliament for approval.

Responses to the consultation should be sent to: schedule3and7codes@homeoffice.gov.uk