NJU Reference Number:

Authorisation to Stop and Search – S.44 under the 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) Name of Force:

2) Type of Authorisation applied for:

Written [ ]

Oral [ ]

3) Authorisation to run until:

Time:

Date:

4) Location where powers to apply (please specify):

Whole Force Area [ ] Map Attached [ ]

Designated Force Area [ ] Map Attached [ ]

5) Reason for exercising S.44 powers: Authorising Officers should only use the power in “specific and exceptional circumstances”

(please see Explanatory Notes for more detail).

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) Police Force Contact and Telephone Number:

8) Ongoing assessment of the terrorist threat:

Authorising Officers should have some awareness of how the ongoing threat relates specifically to this authorisation (please see Explanatory Notes for more details).

9) New Information and/or circumstances over period of authorisation:

Information relating to recent events specific to the force that are relevant to this Authorisation (please see Explanatory Notes for more details).

10) How is the use of S.44 powers an appropriate response to the circumstances and why are powers under S.43 of the Terrorism Act 2000 or other PACE powers are not deemed sufficient.

11) Description of and reasons for geographical extent of time of authorisation:

Authorising Officer should identify the geographical extent of the Authorisation and should outline the reasons why the powers are required in a particular area (please see Explanatory Notes for more details).

12) Details of briefing and training provided to officers using the powers:

The force should demonstrate that all officers involved in exercising Section 44 powers receive appropriate training and briefing in the use of the legislation and understand limitations of these powers (please see Explanatory Notes for more details).

13) Practical Implementation of powers: To include arrangements 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, MANPADs etc (please see Explanatory Notes for more detail).

14) Community Impact Assessment and Consultation:

A Community Impact Assessment (CIA) should be completed by all forces prior to a S.44 Authorisation being confirmed. The Authorising Officer should provide details (please see Explanatory Notes for details).

Explanatory Notes to Authorisation to Stop and Search under S.44 of the Terrorism Act 2000

Point 8	Ongoing assessment of the terrorism threat Threat Assessments from International Terrorism and Dissident Irish Republican Terrorism are provided by JTAC and Security Service. Assessments of the threat to various aspects of the UK infrastructure, such as aviation, transport, military establishments are available and if necessary should be sought. A high state of alert may seem enough in itself to justify an authorisation of powers, it is important to set out in the detail the relation between the threat assessment and the decision to authorise.
Point 9	New Information and/or circumstances over the period of the Authorisation Information relating to recent events that are specific to the forces’ Authorisation nominated for S.44 powers. Under this section an Authorising Officer should identify any current situations where terrorist activity may have increased and there is evidence to suggest this.
Point 11	Description of and Reasons for Geographical Extent of an Authorisation A map identifying the geographical extent the powers will cover over the period of the Authorisation should be clearly defined. If an Authorising Officer is applying for S.44 powers across the whole force area, this should be simply stated on page 1 of the Authorisation Form. The Force should attach a map where necessary for the Minister to see clearly where the powers will apply and its boundries.. Intelligence relating to a particular region/area; vulnerable sites; transport networks and events such as a party conference are examples of when it might be necessary for a force to apply for S.44 powers. Operational requirements such a planned terror arrest, which dictate that the powers are necessary, is another example of when S.44 can be sought. However, powers should only be authorised where they can be justified on the grounds of preventing acts of terrorism and under S.43 of the Terrorism Act 2000 “A constable may stop and search a person whom he reasonably suspects to be a terrorist…..” would be a more appropriate use of legal powers.
Point 12	Details of Briefing and Training provided to Officer using S.44 Powers Authorising Officers should provide a detailed outline of what training has been provided to officers involved in the use of S.44 powers. An officer may not be involved in day-to-day anti-terrorist police work where as other officers involved in the use of exercising S.44 powers may be deployed in specific anti-terrorist operations. This information should be routinely included and updated as when necessary.