Official Statistics

Operation of police powers under the Terrorism Act 2000 and subsequent legislation: arrests, outcomes and stops and searches, quarterly update to 31 December 2013, Great Britain

Published 5 June 2014

This release brings together statistical material relating to powers under terrorism legislation, including arrests and their outcomes, and stops and searches. Data presented here were submitted to the Home Office by the Association of Chief Police Officers, Crown Prosecution Service, National Offender Management Service, Scottish Prison Service and police forces in Great Britain, and cover the period up to 31 December 2013.

Further information about terrorism legislation, categories and terminology used in this release is available in the user guide. Data tables also accompany this release.

1. Summary points

1.1 Arrests and outcomes

In the year ending 31 December 2013:

There were 222 persons arrested for terrorism-related offences, down from 258 in the previous year.

Fifty-one per cent of terrorism arrests resulted in a charge, an increase of 7 percentage points on the previous year.

Of the charges brought during the year, 48% were terrorism-related.

At the time of data provision for this release (25 April 2014), 23 of the 55 persons charged with terrorism-related offences had been proceeded against. Of these, 22 persons were convicted of an offence.

1.2 Court proceedings

Data provided by the Crown Prosecution Service show that 37 of the 44 defendants proceeded against during the year for terrorism-related offences were convicted.

Thirty-five of the 37 defendants convicted were sentenced to immediate prison custody, 2 of whom received life sentences.

1.3 Terrorist and extremist prisoners

As at 31 December 2013 there were 147 terrorist/extremist prisoners in Great Britain, 82% of whom were UK nationals. A third of the prisoners were classified as domestic extremists/separatists.

Fifty-two prisoners were released during the year ending 31 December 2013.

1.4 Stops and searches

No searches were made by the police in Great Britain under section 47A of Terrorism Act 2000 (TACT) in the year ending 31 December 2013. To date, no searches have been made in Great Britain under this power.

A total of 46,184 persons were stopped at ports in Great Britain under Schedule 7 to TACT, a fall of 23% on the previous year. In total, 549 persons were detained after a Schedule 7 examination in the year ending 31 December 2013.

The Metropolitan Police Service stopped and searched 491 persons under section 43 (s43) of TACT. This represents a 20% fall on the previous year’s total of 614. The arrest rate for s43 searches was 7%, up 1 percentage point on the previous year.

2. Arrests and outcomes

2.1 Introduction

Statistics are presented here on the number of persons arrested by police in Great Britain, where there is suspicion of involvement with terrorism. Outcomes of these arrests are also included up to the stage of prosecution, release, or other outcome. The information presented here was provided by the Association of Chief Police Officers’ Counter Terrorism Coordination Centre (ACTCC), based on the latest position with each case at the date of data provision (25 April 2014) and covers the period up to 31 December 2013.

2.2 Arrests

The relatively small numbers of persons arrested for terrorism-related offences each year mean that proportionally large fluctuations in arrests can result from particular police operations, or individual cases involving multiple suspects.

There were 222 persons arrested for terrorism-related offences in the year ending 31 December 2013, a fall of 14% on the previous year. Since 11 September 2001, when the current data collection was set up by ACTCC, there have been 2,586 terrorism arrests in total.

Terrorism-related arrests can be made under the Police and Criminal Evidence Act 1984 (PACE), Scottish Common Law, or under section 41 (s41) of the Terrorism Act 2000 (TACT) if arresting officers require additional powers of detention or need to arrest a person suspected of terrorism-related activity without a warrant. The decision on whether to arrest a person suspected of terrorism-related activity under s41 of TACT or PACE is an operational decision for the police.

In recent years, the proportion of all terrorism-related arrests made under s41 of TACT has fallen. This trend continues in the year ending 31 December 2013, where the proportion was 18% compared to 19% in the previous year. Since September 2001 the proportion of arrests under s41 of TACT was 65%.

Over the last 2 years there was an average of 11 arrests per quarter under s41 of TACT, compared with 49 arrests per quarter under PACE.

Persons arrested for terrorism-related offences

Source: Home Office, Data table A.01.

2.3 Pre-charge detention under section 41 of the Terrorism Act 2000

Pre-charge detention assists the police in the investigation and accumulation of evidence pertaining to potential terrorism offences. Currently the maximum time a terrorism suspect can be held for by police is 14 days (reduced from 28 days in January 2011). Further information on pre-charge detention powers is given in the user guide.

Most detainees continue to spend a short time in police custody prior to charge, release or other outcome. In the year ending 31 December 2013, all 40 detainees were dealt with within 8 days (out of 14 days detention available under terrorism legislation), with 33% detained for less than a day.

2.4 Charges and charging rates

Of the 222 persons arrested for terrorism-related offences in the year ending 31 December 2013, 114 (51%) were charged, 68 (31%) were released without charge and 40 (18%) had alternative action taken against them (mainly bailed to return pending further investigation). This compares to 38% charged, 52% released without charge and 9% with alternative action taken since 11 September 2001.

Persons charged following terrorism-related arrests, by type of charge

Source: Home Office, Data table A.04.

Often, terrorism-related arrests can result in charges for non terrorism-related offences as the police investigate cases and new information comes to light.

Of the 114 charges brought in the year ending 31 December 2013, 55 (48%) were terrorism-related, comprising 31 under terrorism legislation, a further 8 specifically under Schedule 7 to TACT for failure to comply with border controls and 16 under other legislation. The remaining 59 charges (52%) were for other non terrorism-related offences.

For the 994 charges since 11 September 2001 the breakdown of charges was: 373 (38%) under terrorism legislation; 74 (7%) under Schedule 7 to TACT; 157 (16%) for terrorism-related offences under other legislation and the remaining 390 (39%) for other non terrorism-related offences.

2.5 Charges by offence

In line with the normal procedures for criminal justice statistics, each suspect has been classified in terms of a single principal offence. This means that where an individual has been charged with a number of offences they are recorded only against the most serious one.

For the 447 persons charged under terrorism legislation since 11 September 2001 the main principal charges related to:

• possession of an article for terrorist purposes (17% of such charges)
• failing to comply with duty at a port or border controls (17%)
• preparation for terrorist acts (16%)
• collection of information useful for an act of terrorism (11%)
• fundraising (9%)
• membership of a proscribed organisation (7%)

For the 157 persons charged under non-terrorism legislation where the offence was considered terrorism-related, the most prevalent principal charges were:

• conspiracy to commit murder (22%)
• offences under the Explosive Substances Act 1883 (15%)
• offences under the Fraud Act 2006 (6%)
• soliciting to commit murder (5%)

In addition to the above charges, a total of 390 persons have been charged with offences identified by ACTCC to be not terrorism-related. The most frequent principal charges were for:

• Forgery and Counterfeiting Act 1981 (10%)
• Theft Acts 1968 and 1978 (8%)
• Fraud Act 2006 (8%)
• Misuse of Drugs Act 1971 (7%)
• Public Order Act 1986 (6%)
• Firearms Act 1968 (6%)

2.6 Court proceedings and outcomes of charges

This section considers the outcomes for persons charged, based on year of arrest. Due to the complex nature of terrorism investigations, trials may take place several years after an arrest or charge takes place. Trials in the year ending 31 December 2013 can, therefore, relate to arrests made in earlier years. It should be borne in mind that quoted numbers/proportions of persons charged and convicted will change as prosecutions are completed.

At the time of data provision for this release (25 April 2014), 23 of the 55 persons arrested and charged with terrorism-related offences in the year ending 31 December 2013 were proceeded against. Of these, 22 people were convicted; 7 for offences under terrorism legislation and 15 for non-terrorism legislation offences.

Since 11 September 2001, 391 of the 604 persons charged with terrorism-related offences have been convicted (65%); 213 of offences under terrorism legislation and 178 for non-terrorism legislation offences.

Outcome¹ for persons charged^{2, 3} with terrorism-related offences

Number of persons				Great Britain
	Total year ending
Charge and outcome	30 Dec 2012	30 Dec 2013	Change4	Total since 11 Sep 2001
Charged	54	55	1	604
of which:
Not proceeded against	1	-	-1	71
Awaiting prosecution	5	30	25	35
Other outcome	-	2	2	3
Prosecuted	48	23	-25	495
Convicted5	44	22	-22	391
Terrorism acts offences	24	5	-19	185
Schedule 7 TACT	5	2	-3	28
Non-terrorism acts legislation: terrorism-related	6	11	5	141
Non-terrorism acts legislation: non terrorism-related	9	4	-5	37
Found not guilty	4	1	-3	104

1. Since 11 September 2001. Data presented here are based on the latest position with each case as at the date of data provision from ACTCC (25 April 2014).
2. Includes all charges under terrorism legislation and under other legislation where considered by ACTCC to be terrorism-related.
3. Refers to the substantive charge at indictment recorded by the Crown Prosecution Service.
4. Difference in numbers between the totals for the 12 months ending 31 December 2012 and 31 December 2013.
5. Excludes cases when a conviction was later quashed on appeal.

Source: Home Office, Data table A.06c.

2.7 Persons convicted by offence

The most frequent principal offences for persons convicted since 11 September 2001 under terrorism legislation were:

• preparation for terrorist acts (25% of persons convicted)
• collection of information useful for an act of terrorism (15%)
• failing to comply with duty at a port or border controls (13%)

The main principal convictions under non-terrorism legislation which were considered terrorism-related were:

• offences under the Explosive Substances Act 1883 (18%)
• conspiracy to commit murder (11%)
• offences under the Forgery and Counterfeiting Act 1981 (11%)
• Firearms Act 1968 offences (9%)

Details of terrorism arrests that subsequently resulted in a non terrorism-related charge or conviction can be found in Data tables A.07 and A.08c.

2.8 Gender, age and ethnic appearance of persons arrested, charged and convicted

Of the 2,586 persons arrested for terrorism-related offences since 11 September 2001, 93% were male. This is similarly reflected in terrorism-related charges and convictions, with males making up 94% of the totals for each. Full breakdowns can be found in Data table A.09.

Since 11 September 2001, the age group with the highest proportion of persons arrested, charged, and convicted for a terrorism-related offence was the 30 and over age group, comprising 47% of persons arrested, 44% of persons charged and 43% of persons convicted. Full breakdowns can be found in Data table A.10.

More than a third (37%) of all persons arrested since 11 September 2001 were recorded by police as being of Asian ethnic appearance. Proportions for other recorded ethnicities at arrest were: 30% White, 20% Other and 12% Black. Similar proportions were seen at charge and conviction. Full breakdowns can be found in Data table A.11.

2.9 Nationality of persons arrested, charged and convicted

Just over half of the 2,586 persons arrested for terrorism-related offences since 11 September 2001 self-declared their nationality as British or of British dual nationality (1,319, or 51%). Of the remaining persons arrested, and excluding those who declared a dual nationality, the most frequently self-declared nationalities were: Algeria (156 persons), Pakistan (134), Iraq (115), Afghanistan (75), Iran (63), India (58), Turkey (49) and Somalia (47).

Full breakdowns for all nationalities self-declared at arrest can be found in Data table A.12a. Data on charges and convictions for terrorism-related offences broken down by their self-declared nationality at the time of arrest are in Data tables A.12b and A.12c.

2.10 Categorisation of persons arrested and charged

Data on the categorisation of those arrested and charged are published in this release. The categories are based on involvement with any type of terrorism and separately identify those associated with domestic, international and Northern Ireland Related Terrorism (NIRT). The data also include persons found not to be associated with any type of terrorism at the time of arrest or charge (which could include airport travellers charged for failing to comply with an examination under Schedule 7 to TACT, then found to have no terrorist links after investigation).

Of those arrested since 11 September 2001, 79% were classified as international with 10% classified as domestic and 7% classified as associated with NIRT. Full breakdowns of classifications of those arrested, charged and convicted can be found in Data table A.13.

2.11 Data tables

Data on persons arrested for terrorism-related offences, and the resulting charges and other outcomes, can be found in Data tables A.01 to A.13.

2.12 Data quality and interpreting the figures

The data presented are based on the position as at 25 April 2014, when case information was provided to the Home Office by ACTCC. As cases progress over time, outcomes can change and therefore figures for quarters previously published may be updated in this release. ACTCC regularly review their cases to ensure that records are up-to-date, which can result in records being added, removed or reclassified.

The user guide provides further details relating to definitions, legislation and procedures, and data quality.

3. Court proceedings

3.1 Introduction

Statistics are presented here on prosecutions by the Crown Prosecution Service Counter Terrorism Division (CPS CTD) that were completed in the year ending 31 December 2013. They relate to the number of defendants prosecuted, and are on the principal, or most serious, offence basis. In instances of cases involving more than one defendant, final outcomes have only been included when proceedings for each defendant have concluded.

Due to the complex nature of terrorism investigations, court proceedings may take place several years after an arrest or charge takes place. Proceedings completed in the year ending 31 December 2013 can relate to arrests made in earlier years.

3.2 Court proceedings

In the year ending 31 December 2013, court proceedings for 35 persons were completed by the CPS CTD for offences under terrorism legislation, with 31 resulting in conviction. Proceedings were for a variety of offences, although notably there were 24 persons proceeded against for preparation for terrorism acts (23 of whom were convicted). Additionally in the year ending 31 December 2013, 9 persons were proceeded against for terrorism-related offences under non-terrorism legislation. This total included 3 proceedings for false imprisonment (all resulting in acquittals), also 1 for murder, 2 under the Criminal Law Act 1977, 2 under the Firearms Act and 1 under the Explosive Substances Act 1883 (all resulting in convictions).

A full breakdown of court proceedings and outcomes broken down by offence, including data for the previous year, can be seen in the data tables.

3.3 Sentencing

Thirty of the 31 defendants convicted under terrorism legislation in the year ending 31 December 2013 received custodial sentences (including 1 life sentence). The other defendant was sentenced to a fine. Five of the 6 defendants convicted under non-terrorism legislation received custodial sentences, again including 1 life sentence. The remaining person in this category was sentenced to a hospital order.

Of all 37 persons convicted in the year ending 31 December 2013, 32 had pleaded guilty.

3.4 Data tables

Data on court proceedings dealt with by CPS CTD can be found in Data tables C.01 to C.04.

3.5 Data quality and interpreting the figures

In line with the normal procedures for criminal justice statistics, and in order to present an accurate count of the number of persons dealt with by CPS CTD, data in part 3 (court proceedings) are presented on a principal offence basis. This means that, when a person is proceeded against for multiple offences at the same time, the most serious offence is the one counted in these data. If a person is subsequently proceeded against on another occasion for a different offence, the additional case will also be included in the dataset.

Due to the complex nature of terrorism investigations, court proceedings may take place several years after an arrest or charge takes place. Trials completed in 2013 can relate to arrests made in 2012 or earlier. Since the approach used in part 2 (arrests and outcomes) is based on time of arrest and the approach used here is based on time of trial outcome, data drawn from both may not be directly comparable.

4. Terrorist and extremist prisoners

4.1 Introduction

Data presented here are provided by the National Offender Management Service and Scottish Prison Service, and show the number of persons who were in prison custody for terrorism-related offences and the number of domestic extremist prisoners in Great Britain as at 31 December 2013. Data on prisoners released in the year ending 31 December 2013 are also included.

4.2 Key facts

There were 147 terrorist/extremist prisoners in Great Britain on 31 December 2013, either on remand or following conviction. This compares to 120 prisoners in custody on 30 September 2013; the main reason for the increase was the admission of a number of domestic extremist prisoners, all involved in the same case, admitted into custody during the October to December 2013 quarter following conviction.

As at 31 December 2013 there were 100 prisoners in custody for terrorism-related offences. Of these 64 were in custody for offences under terrorism legislation, 33 for terrorism-related offences not under terrorism legislation and a further 3 were being held awaiting deportation. Forty-seven prisoners were classified as domestic extremists/separatists, 30 of whom were in custody following conviction.

Of the 147 prisoners in Great Britain remanded or convicted for terrorism-related offences, 58 defined themselves as White and 57 defined themselves as of Asian ethnic origin at the time of reception into custody. Additionally, 16 prisoners defined themselves as Black.

Terrorist/extremist prison population as at 31 December 2013

Source: Home Office, Data table P.01.

The nationalities of the 147 terrorist/extremist prisoners in Great Britain were spread over 17 countries, with the majority recorded as being UK nationals (121). Others defined themselves as being non-UK European (8), African (7), Asian (7) or from the Middle East (2). The nationality of the remaining 2 prisoners was unrecorded.

In terms of self-declared religions, 93 of the 100 terrorism legislation or terrorism-related prisoners defined themselves as Muslim. For the 47 domestic extremists/separatists the picture was more mixed, with 21 declaring no religion and 13 declaring themselves as Church of England.

A total of 36 terrorist/extremist prisoners were released on completion of a custodial sentence in the year ending 31 December 2013. Of these, 1 had been serving a life sentence, 15 had served sentences of 4 years or more and 20 were released after serving sentences of less than 4 years. An additional 16 prisoners were released from custody having been held on remand or as non-criminal prisoners.

4.3 Data tables

Data on persons in prison custody can be found in Data tables P.01 to P.05.

4.4 Data quality and interpreting the figures

Data presented in section 4 include persons held on remand as well as those held after conviction or sentencing. Categories for types of prisoners are based on assessment at the time of entering custody. Full definitions of these categories can be found in the user guide.

5. Stops and searches

5.1 Introduction

Statistics are presented here on the use of certain stop and search powers available to police under the Terrorism Act 2000 (TACT). Information on the legislative background to these powers and the others covered in this section can be found in the user guide.

5.2 Stops and searches under the Terrorism Act 2000

On 18 March 2011, section 47A (s47A) stop and search powers formally replaced stop and search powers under section 44 of TACT. There has, as yet, been no use of stop and search powers under s47A in Great Britain.

Information collected from the Metropolitan Police Service shows that, in the year ending 31 December 2013, 491 persons were stopped and searched under section 43 (s43) of TACT. This represents a 20% fall on the previous year’s total of 614. The arrest rate for s43 searches was 7% in the year ending 31 December 2013, up 1 percentage point on the previous year.

Stops and searches of persons by the Metropolitan Police Service under section 43 of the Terrorism Act 2000, and resultant arrests

Source: Home Office, Data table S.01.

Of those stopped and searched under s43 of TACT, the proportion who defined themselves as White fell from 39% in the year ending 31 December 2012 to 34% in the year ending 31 December 2013; the proportion who defined themselves as Asian rose 1 percentage point over the same period, from 31% to 32%. For those who defined themselves as Black at the time of search, the proportion also rose from 12% to 14%, and the proportion who defined themselves as Chinese or Other rose from 7% to 9%. Lastly, for those defined as Mixed, the proportion was 3% in both years.

5.3 Examinations under Schedule 7 to the Terrorism Act 2000

A total of 46,184 persons were stopped at ports in the year ending 31 December 2013 in Great Britain under this power, a fall of 23% on the previous year. Of these, 44,330 (96%) were held for under an hour with the remaining persons held for over an hour. These proportions were the same as the previous year.

Of those examined in the year ending 31 December 2013, a relatively high proportion of persons did not self-define their ethnicity at the time of search (8%); therefore proportions by ethnicity presented here exclude these persons. Of those that did self-define their ethnicity, 45% were White, 23% were Asian, 18% were Chinese or Other, 9% were Black and 5% were of Mixed ethnicity. While proportions who self-defined as White or Mixed both rose in the year ending 31 December 2013 (by 3 percentage points and 2 percentage points respectively), falls were seen for those who self-defined as Asian (down 3 percentage points), Black and Chinese or Other (both down 1 percentage point).

In total, 549 persons were detained during a Schedule 7 examination in the year ending 31 December 2013, down 11% from 614 in the previous year. Excluding persons who did not self-define their ethnicity, the largest proportion of those detained self-defined their ethnicity as Asian (36%) followed by Chinese or Other (29%) and then Black (17%). Proportions of those detained who were White and Mixed were lower, at 12% and 7% respectively. The most notable changes in proportions in the years ending 31 December 2012 and 31 December 2013 were those detainees self-defining as Black (down 11 percentage points) and Chinese or Other (up 8 percentage points).

The total number of Schedule 7 examinations can be seen in the context of 111.1 million arrivals in the UK in the year ending 31 December 2013. Assuming a similar number of departures through UK ports, this gives a proportion of approximately 0.02% (or 2 persons searched out of every 10,000 persons passing through UK ports in the year ending 31 December 2013).