GovWire

This draft revised code of practice for England, Wales and Scotland covers the exercise of stop and search powers under sections 43, 43A and 43C of the Terrorism Act (TACT) 2000 and the authorisation and exercise of stop and search powers relating to section 47A of, and Schedule 6B to TACT 2000.

It reflects a new stop and search power, new section 43C, that has been inserted into TACT 2000 by the Police, Crime, Sentencing and Courts Act 2022.

This power was taken in response to recommendations made by Jonathan Hall QC, the Independent Reviewer of Terrorism Legislation, following his independent review of the Multi-Agency Public Protection Arrangements (MAPPA) used to supervise terrorist and terrorism-risk offenders on licence.

Mr Hall QCs review was commissioned by the Home Secretary following the terrorist attack at Fishmongers Hall in November 2019. The Fishmongers Hall prevention of future deaths report also recommended that a new power of personal search be created.

Given the existing version of the code was brought into force in 2012, the government has also taken this opportunity to make other minor amendments to the code to ensure it accurately reflects current practice, legislation, terminology and organisational responsibilities.

In accordance with section 47AC(2) of TACT 2000, the Secretary of State has consulted the Lord Advocate and such other persons as she considered appropriate before preparing the alterations to the code of practice.

Pursuant to sections 47AB(1)(a) and 47AC(3) of TACT 2000, the Secretary of State must lay a copy of the draft revised code of practice before Parliament.

This draft revised code was laid before Parliament on 18 July 2022 and will come into force once it has been debated and approved by both Houses of Parliament.