TERRORISM (POLICE POWERS) ACT 2002 - SECT 25E Power to arrest terrorism suspects for investigative detention

TERRORISM (POLICE POWERS) ACT 2002 - SECT 25E

25E Power to arrest terrorism suspects for investigative detention

(1) A police officer may, without a warrant, arrest a terrorism suspect for the purpose of investigative detention under this Part if--

(a) the terrorist act concerned occurred in the last 28 days, or

(b) the police officer has reasonable grounds to suspect that the terrorist act concerned could occur at some time in the next 14 days,

and the police officer is satisfied that the investigative detention will substantially assist in responding to or preventing the terrorist act.

(2) A police officer may also arrest a terrorism suspect for the purpose of investigative detention under this Part if directed to do so by another police officer. That other police officer is not to give such a direction unless that other police officer may lawfully arrest the person without a warrant under this section.

(3) A terrorism suspect is subject to investigative detention under this Part only if--

(a) the police officer informs the terrorism suspect at the time of arrest that the terrorism suspect is being arrested for the purpose of investigative detention under this Part, and

(b) the arrest has not been discontinued.

(4) A police officer may discontinue an arrest under this section at any time.

(5) An arrest under this section must be discontinued--

(a) on the expiry of the maximum period of investigative detention under this Part, or

(b) as soon as practicable after the police officer in charge of the investigation of the terrorism suspect ceases to be satisfied that the person is a terrorism suspect or ceases to be satisfied that continuing the investigative detention will substantially assist in responding to or preventing a terrorist act, or

(c) if, following a review by a senior police officer under subsection (6), the senior police officer is satisfied that there are no reasonable grounds to suspect that the person is a terrorism suspect or is satisfied that there are no reasonable grounds to suspect that continuing the investigative detention will substantially assist in responding to or preventing a terrorist act.

(6) A senior police officer is to review whether an investigative detention under this Part should be continued--

(a) as soon as practicable after the terrorism suspect is arrested, and

(b) every 12 hours after the arrest of the terrorism suspect.

The senior police officer who conducts the review cannot be a police officer who is in charge of, or involved in the conduct of, the investigation.

(7) A terrorism suspect cannot be arrested under this section on more than 1 occasion in connection with the same terrorist act.

(8) However, subsection (7) does not prevent a further arrest under this section in reliance on information obtained after the end of the earlier period of investigative detention. In that case, the maximum period of investigative detention cannot exceed 24 hours unless authorised by a detention warrant.