Section 44 Terrorism Act 2000 - tactical use review

Report: 10
Date: 7 May 2009
By: AC John Yates on behalf of the Commissioner

Summary

This report highlights the history and rationale for the tactical review and develops several findings in the form of a suggested model, with recommendations drawn from the process of research, engagement and analysis of the tactical use of Section 44 Terrorism Act 2000 in the MPS. This particular stop and search power is routinely used in everyday policing. There is a wider acknowledgement that these findings may have a beneficial effect on national guidance. This report looks at the refinement of tactics and not the legislation or authority process.

A. Recommendation

That

1. the MPA note the review and its findings; and
2. a future joint MPS and MPA consultative seminar takes place.

B. Supporting information

History, ‘why are we refining the tactic?’

Threat

1. The UK faces a severe and continuing threat from international terrorism, and there is no indication that it is likely to diminish soon. The threat we face is of a different nature and magnitude to any we have encountered before; we need to stay one step ahead.

2. We need to reduce the risk to the UK and its interests overseas from international terrorism so that people can go about their daily lives freely and with confidence. That is the aim of the government’s strategy for countering international terrorism, known as CONTEST.

3. Following the events of June 2007 that saw a terrorist based attempt to cause mass casualties in the Haymarket, London and the partially successful attack at Glasgow airport, the MPS took the strategic decision to increase the use of section 44 to deter offenders and prevent further attacks. Since October 2007 the MPS has conducted 154,293 Section 44 Stop and searches/accounts (figures supplied by PIB Oct 2007- Sept 2008). This is a significant increase over previous years. Whilst the threat level remains at severe, the MPS felt that it was now appropriate to review our use of this power.

Aim and scope

4. The aim of this work was to ensure the MPS retained its ability to protect Londoners, but also addressed concerns raised by Lord Carlile, the independent reviewer of counter terrorism legislation, The MPA, CTTLD and monitoring network and London Communities over the volume of stops undertaken under the legislation against the number of arrests made or intelligence received as a result.

5. The review’s remit included the scoping and drafting of a new model for the continuing deployment and refinement of Section 44.

6. Commander Denholm (SO) and Commander O’Brien (TP) led the review via an oversight group meeting by-monthly, with a working group carrying out research and development.

7. This has been a joint Business Group Review between Territorial Policing (TP), Central Operations (CO) and Specialist Operations (SO). There has been a wider level of stakeholder engagement from the start of the review and the project team has developed ‘new ground’ in the level of consultation with community groups.

Legislation and authority

8. Section 44 (1) & (2) of the Terrorism Act 2000 allows officers in uniform to stop and search persons and vehicles. There is no requirement to have any reasonable grounds to conduct the search. This power reverses a fundamental principle in that no suspicion of wrongdoing is required. Appendix 1.

9. Section 43 powers under the Act require reasonable suspicion. Appendix 2.

10. The MPS has in place an area-wide authority for Section 44, signed by ACSO and reviewed every 28 days or close to, on a schedule aligned with our Guardian Partner forces in London (City of London Police, British Transport Police and Ministry of Defence Police).

11. It is important to note that this is not an ongoing power or blanket authority, each renewal is distinct, and may be different dependent on threat and intelligence.
Engagement and Consultation.

12. Following the MPA’s London Debate, there has been wide consultation including Muslim Safety Forum, Diversity Directorate, Liberty, British Transport Police, City of London Police, Community Forum Chair, MPA S&S monitoring network, Specialist Operations, Territorial Policing (front line officers and staff) and other subject matter experts.

13. The consultation confirmed suggestions that the power is seen as controversial and has the potential to have a negative impact, particularly on minority communities.

Emerging model

14. The emerging findings from the review support a three-layered approach to the tactical deployment of TACT powers: Appendix 3.

• Level one - There are various sites across London that are of such an iconic nature and/or key strategic importance that the officers deployed in the immediate area require the use of S.44 powers.
• Level two - The deployment of the power through a specific tasking or directive will allow for its use on a ‘prevent and deter’ basis. Such a directive will, in appropriate circumstances be provided through Management Board or tasked via the Security Review Committee (SRC). It is expected that this will be used sparingly unless there is a significant change in threat.
• Level three - Where any officer sees behaviour, circumstances or has further grounds to raise their suspicion that a person may be engaging in a terrorist related offence they have full discretion to deal with that issue, by way of action designated under Section 43.

Implementation

15. Trial and testing. As part of the review it is intended to pilot the revised approach on four boroughs, Southwark, Brent, Newham and Tower Hamlets. The trial period will commence May 2009; with full roll out planned for summer 2009.

16. Evaluation. A research plan has been developed to support the review and implementation. This is designed to examine several aspects including community impact, satisfaction and confidence.

17. Communications strategy. A communication strategy will be developed with DPA covering both internal and external stakeholders. Several media will be used, including the intranet via ‘corporate news’, notices and presentations and briefings to command teams and staff. It is intended that the oversight group will remain in place to support the implementation of the plan.

C. Legal implications

1. The Directorate of Legal Services (DLS) has been fully consulted around the current legislation and guidance. In addition, the review team has had full access to the writing group of the National Police Improvement Agency (NPIA).

2. Chief Constable Craig Mackey from Cumbria Police is the ACPO lead for stop and search, has had full sight of the above model and review terms of reference. CC Mackey has stated that the work done by this review may be considered for inclusion in his next version of national guidance.

D. Race and equality impact

It is recognised that there has been community concerns about its use in the past. The refinement of the use of this power could therefore have a positive impact. As part of the ongoing review all aspects of community impact will be monitored and evaluated.

E. Financial implications

In respect of the evaluation framework, a full costs bid has been developed and is currently subject to a bid to the MPS CT Grant Board.

F. Background papers

None

G. Contact details

Report author: Michael McDonagh, MA CMgr FCMI FInstLM, Detective Chief Superintendent, MPS.

For information contact:

MPA general: 020 7202 0202
Media enquiries: 020 7202 0217/18

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