Schedule 7 Code of Practice
Download the full outcome
Detail of outcome
The above document summarises the responses received and explains the government’s response, including:
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making the reduction in the maximum detention time more prominent by referencing it in the Notice of Detention under Schedule 7 to the Terrorism Act 2000.
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providing further details on the type of circumstance which could delay the statutory right of an individual to have a person informed of their detention.
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recommending that the Association of Chief Police Officers (ACPO) consider the logistical issues regarding availability of suitable accommodation and confidential access to solicitors.
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revising wording to specify that non-UK Nationals can consult a solicitor privately at any time if he or she so requests.
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further clarifying exactly what duties and rights the review officer must consider under Schedule 8, and the degree to which any rights requested must be satisfied.
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clarifying the review that the review officer must carry out, in terms of duties and rights.
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providing examples on the use of Schedule 7 by unaccredited constables in an emergency.
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retaining the power to take biometrics as part of Schedule 7 examinations.
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specifying that examining officers and review officers should take care not to copy material that is, or may be, subject to legal professional privilege.
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clarifying that officers may approach any person and ask screening questions but that the individual is under no compulsion to answer questions or otherwise engage with the police in this process.
Original consultation
Consultation description
Schedule 7 to the Terrorism Act 2000 (‘Schedule 7’) allows an examining officer to stop and question and, when necessary, detain and search, individuals travelling through ports, airports, international rail stations or the border area to determine whether that person appears to be someone who is or has been concerned in the commission, preparation or instigation of acts of terrorism.
The statutory code of practice provides guidance to examining officers on the application and interpretation of Schedule 7. The Home Office has had to revise the code to ensure they reflect the changes introduced in the Anti-social Behaviour, Crime and Policing Act 2014. These changes will maintain the protection of the UK border as well as continuing to respect individuals’ human rights.
The Home Office welcomes your views on how adequately the changes in the ASBCP Act are reflected within the revised draft code of practice.
You can only respond via the online survey. You should read the accompanying background information before completing the online survey.
Documents
Last updated 31 July 2014 + show all updates
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Code of practice for examining officers
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Response document published.
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First published.