Examining officers and review officers under section 7 to the Terrorism Act 2000 : code of practice

This code of practice is issued under paragraph 6 of Schedule 14 to the Terrorism Act 2000.

It applies to: (i) the exercise by examining officers of their functions under Schedule 7 to the Act; (ii) the exercise by review officers of their functions under Schedule 8 to the Act in relation to detentions under Schedule 7; (iii) the training and procedure for designation (where appropriate) of examining officers; and (iv) the training of review officers.

Schedule 7 permits examining officers covered by the Code to stop, question and detain persons for the purpose of determining whether they are a person who is or has been concerned in the commission, preparation or instigation of acts of terrorism.

Schedule 8 permits examining officers to take detained persons to places of detention for examination under Schedule 7 and to take steps that are reasonably necessary to identify a detained person.

Schedule 8 to the Act provides safeguards on the exercise of Schedule 7 powers including the provision of access to legal advice at public expense and the periodic review of detention by a review officer senior to the examining officer. An examining officer is a police constable, or an immigration officer or customs officer having been accredited as having successfully completed training in the use of the Schedule 7 powers.

A reviewing officer is an officer, at least one rank higher to the examining officer, who has not been directly involved in questioning the detained person.