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Counter-Terrorism and Security Act 2015

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This is the original version (as it was originally enacted).

Powers of search and seizure etc

This section has no associated Explanatory Notes

2(1)This paragraph applies in the case of a person at a port in Great Britain if a constable has reasonable grounds to suspect that the person—

(a)is there with the intention of leaving Great Britain for the purpose of involvement in terrorism-related activity outside the United Kingdom, or

(b)has arrived in Great Britain with the intention of leaving it soon for that purpose.

(2)This paragraph applies in the case of a person at a port in Northern Ireland, or in the border area, if a constable has reasonable grounds to suspect that the person—

(a)is there with the intention of leaving the United Kingdom for the purpose of involvement in terrorism-related activity outside the United Kingdom, or

(b)has arrived in Northern Ireland with the intention of leaving the United Kingdom soon for that purpose.

(3)The constable may—

(a)exercise any of the powers in sub-paragraph (5) in the case of the person, or

(b)direct a qualified officer to do so.

(4)A qualified officer must (if able to do so) comply with any direction given by a constable under sub-paragraph (3)(b).

(5)The powers are—

(a)to require the person to hand over all travel documents in his or her possession to the constable or (as the case may be) the qualified officer;

(b)to search for travel documents relating to the person and to take possession of any that the constable or officer finds;

(c)to inspect any travel document relating to the person;

(d)to retain any travel document relating to the person that is lawfully in the possession of the constable or officer.

(6)The power in sub-paragraph (5)(b) is a power to search—

(a)the person;

(b)anything that the person has with him or her;

(c)any vehicle in which the officer believes the person to have been travelling or to be about to travel.

(7)A constable or qualified officer—

(a)may stop a person or vehicle for the purpose of exercising a power in sub-paragraph (5)(a) or (b);

(b)may if necessary use reasonable force for the purpose of exercising a power in sub-paragraph (5)(a) or (b);

(c)may authorise a person to carry out on the constable’s or officer’s behalf a search under sub-paragraph (5)(b).

(8)A constable or qualified officer exercising a power in sub-paragraph (5)(a) or (b) must tell the person that—

(a)the person is suspected of intending to leave Great Britain or (as the case may be) the United Kingdom for the purpose of involvement in terrorism-related activity outside the United Kingdom, and

(b)the constable or officer is therefore entitled under this Schedule to exercise the power.

(9)Where a travel document relating to the person is in the possession of an immigration officer or customs official (whether a qualified officer or not), the constable may direct the officer or official—

(a)to pass the document to a constable as soon as practicable, and

(b)in the meantime to retain it.

The officer or official must comply with any such direction.

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