Part Iv: Terrorist Investigations
Section 32: Terrorist investigation
40.This definition applies to the power in sections 33–36 to use cordons, to the powers in Schedule 5 to obtain search warrants, production orders and explanation orders; and to the power in Schedule 6 to make financial information orders. There is also an offence in section 39 of “tipping off” in relation to a terrorist investigation.
Sections 33–36: Cordons
41.These sections make similar provision to that inserted into the PTA, at section 16C and Schedule 6A, by the Prevention of Terrorism (Additional Powers) Act 1996 (c. 7). They give the police the power for a limited period to designate and demarcate a specified area as a cordoned area for the purposes of a terrorist investigation – for instance in the wake of a bomb. They also make it an offence to breach a cordon.
Section 37: Powers
42.See notes on Schedule 5 below.
Section 38: Financial information
43.See notes on Schedule 6 below.
Section 39: Disclosure of information, &c.
44.This section corresponds to section 17(2)–(6) of the PTA and has similar effect. The offences it sets out, including that at subsection (2)(a) which is sometimes called “tipping off”, are essential to the disclosure regime and have a powerful deterrent effect. The defence at section 39(5)(a) is listed in section 118(5) and therefore imposes an evidential burden only on the defendant.