ANNEX A

 

                                                           NJU Reference No:…….…….

 

Authorisation to Stop and Search – S.44 Terrorism Act 2000

[ To be confirmed by the Secretary of State within 48 hours of time of authorisation]

 

S.44 (1) Terrorism Act 2000                                    [   ]

S.44 (2) Terrorism Act 2000                                    [   ]

S.44 (1) & (2) Terrorism Act 2000              [   ]

 

1.      Force:

 

 

 

2.         Type of authorisation:       Oral    [   ]       Written    [   ]

 

3.      Authorisation to run until:

                                                                                          See Notes for Completion

 

 

4.      Location where powers to apply:

 

Whole Force area                                        [   ]

           Or

Designated area                                          [   ]            (Please specify – see Notes for Completion)

 

Division(s) …………………………………………………………………………………………….

 

Area(s)…………………………………………………………………………………………………

 

5.      Reason for exercising S.44 powers:

 

                                                                                       See Page 2-4 and Notes for Completion

 

 

 

 

 

6.  Authorising Officer: Authorising Officers must hold substantive or temporary ACPO rank. Officers acting in ACPO ranks may not authorise the use of S.44 powers

 

Signature:   …………………………

Print Name/Rank:  ……..…………………………………………

 

Time  Signed:-

Date Signed:-

 

 

7.      Contact Name and Telephone Number:

 

8.      Secretary of State Confirmation:

 

Date:___________________________                  Time:_________________________                      

Explanation of and Justification for geographic extent of authorisation:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Ongoing assessment of terrorist threat:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Justification for authorisation for use of power in area concerned:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Practical use of powers – to include arrangements for training and  briefing officers using the power, review procedures where applicable, and the type of operations that the power will support e.g. ANPR, armed patrols, road checks, security of vulnerable sites etc:

 

 

 

 

 

 

 

 

Summary of Use of S.44 Powers during the most recent period of authorisation.

 

Dates:

 

Action

 

 

 

Pedestrians

Vehicles

Ethnicity

Vehicles

Drivers

Passengers

White

Black

Asian

Chinese/ other

 

Stops

 

 

 

 

 

 

 

 

 

 

 

Searches

 

 

 

 

 

 

 

 

 

 

 

Terrorism Act Arrests

 

 

 

 

 

 

 

 

 

 

 

Terrorism Act

Arrests

 

 

 

 

 

 

 

 

 

 

Other Arrests

 

 

 

 

 

 

 

 

 

 

Charges

 

 

 

 

 

 

 

 

 

Property

Recovered

 

 

 

 

 

 

 

 

 

 

Notes for Completion

 

These Notes are intended to be read in conjunction with Home Office Circular (xx) on s.44 TACT 2000 Authorisations

 

1.        For the purposes of the first 48 hours only – S.44 authorisations start from the time and date at which they are signed by the Authorising Officer (S.46(1)a TACT). The maximum period of 28 day runs from 0001 on the day of the authorisation NOT from the time at which it is signed (S.46(2) TACT). Where it is intended that the authorisation will run for the maximum period the authorisation will expire at 23.59 on the 28th day.

 

2.    ‘Reasons for exercising S.44 power’ should set out the specific purpose of the authorisation, e.g. security at a party conference, sensitive sites such as nuclear or biological facilities, state visits etc. The grounds for the authorisation should then be set out under the headings in pages 2 onwards. This seeks to standardise the presentation of the applications without placing any limitations on existing or future reasons for the use of the power.

 

3.     Where it is anticipated that a S.44 authorisation will run for less than 48 hours the application must still be forwarded to the National Joint Unit (NJU) as soon as possible after signature for the information of the Home Office. (See Home Office guidance notes on S.44)

 

4.    There may be occasions where it would be helpful to those reviewing the extent of the authorisation for relevant maps etc to be attached clearly showing the area in question. Where it is necessary for the defined area to be explained in detail then it is acceptable for that information to be added as an appendix to the Authorisation.

 

5.     It must be remembered that the S.44 authorisation is a discloseable document and, as such, care must be taken not to include direct reference to matters that could compromise the broader counter-terrorist activities carried out by Special Branches or allied Agencies. To that end there should be no reference to operation names or to classified briefing material unless absolutely necessary – in which case the authorisation should be protectively marked and handled in strict accordance with Government Security Marking Guidelines. It should be noted that a plethora of operation names and references might delay the Home Office confirmation process while they seek clarification of their nature. For instance, it is sufficient to refer to the existing National Threat Level at the time of the application without the need to elaborate on the basis upon which it was reached or the supporting documentation

 

6.    The National Joint Unit is the single point of contact for of S.44 authorisations with responsibility for passing them to the Home Office for Ministerial endorsement. The NJU is also available to provide advice and guidance on S.44 and associated TACT enquiries. The NJU is a 24 hour facility and may be contacted on 020 7230 4084 or via the MPSB Reserve on 020 7230 2175.   

It is essential that the NJU is notified by telephone of a S.44 TACT Authorisation before it is forwarded by Cluster or Fax, as appropriate.