Any Police Officer in their capacity as an examining officer may question any person they believe to be entering or leaving Great Britain or Northern Ireland (whether from within or outside Great Britain or Northern Ireland) by ship, aircraft or international train, for the purpose of determining whether that person is or has been concerned in the commission, preparation or instigation of acts of terrorism.
Production of documentation
Any person who is questioned under this power must;
- a. Give the examining officer any information in their possession
- which the officer requests;
- b. Give the examining officer on request either a valid passport, which includes a photograph, or other document, which establishes their identity;
- c. Declare whether they have with them documents of a kind specified by the examining officer
- d. Give the examining officer on request any document which they have with them and which is of a kind specified by the officer.
An examining officer who questions a person may:
- a. Search the person
- b. Search anything which the person has with them, or which belongs to them, and which is on a ship or aircraft.
- c. Search anything which the person has with them, or which belongs to them and which the examining officer reasonably believes has been, or is about to be, on a ship or aircraft;
- d. Search a ship or aircraft, for anything falling within paragraph (b);
- e. Search a vehicle, which is on a ship or aircraft;
- f. Search a vehicle that the examining officer reasonably believes has been or is about to be, on a ship or aircraft.
Detention of Property
An examining officer may detain anything found for the purpose of examination, for a period not exceeding seven days beginning with the day on which the detention commences, or while they believe that it may be needed for use as evidence in criminal proceeding, or while they believe that it may be needed in connection with a decision by the Secretary of State whether to make a deportation order under the Immigration Act 1971.
For the purpose of the examination an examining officer may:
- a. Stop a person or vehicle;
- b. Detain a person.
A person detained under this power shall (unless detained under any other power) be released not later than the end of the period of six hours beginning with the time when their examination began.
A person commits an offence if they:
- a. Wilfully fail to comply with a duty imposed under or by virtue of this schedule;
- b. Wilfully contravene a prohibition imposed under or by virtue of this schedule;
- c. Wilfully obstruct; seek to frustrate, a search examination under or by virtue of this schedule.
N.B: This notice represents a summary of the legislation.