PART 6Miscellaneous

I178Counter-terrorism questioning of detained entrants away from place of arrival

1

Schedule 7 to the Terrorism Act 2000 (port and border controls) is amended as follows.

2

In paragraph 1(2) (definitions), in the definition of “ship”, after “hovercraft” insert “and any floating vessel or structure”.

3

In paragraph 2 (power to question person about involvement in terrorism in port or border area or on ship or aircraft), after sub-paragraph (3) insert—

3A

This paragraph also applies to a person if—

a

the person is—

i

being detained under a provision of the Immigration Acts, or

ii

in custody having been arrested under paragraph 17(1) of Schedule 2 to the Immigration Act 1971,

b

the period of 5 days beginning with the day after the day on which the person was apprehended has not yet expired, and

c

the examining officer believes that—

i

the person arrived in the United Kingdom by sea from a place outside the United Kingdom, and

ii

the person was apprehended within 24 hours of the person’s arrival on land.

3B

For the purposes of sub-paragraph (3A)(b) and (c), a person is “apprehended”—

a

in a case within sub-paragraph (3A)(a)(i) where the person is arrested (and not released) before being detained as mentioned in that provision, when the person is arrested;

b

in any other case within sub-paragraph (3A)(a)(i), when the person is first detained as mentioned in that provision;

c

in a case within sub-paragraph (3A)(a)(ii), when the person is arrested as mentioned in that provision.