Examined under Schedule 7 of the Terrorism Act 2000: What are my rights?

Disclaimer: This article is for general information. It is not intended to be used as legal advice. See the ‘Next steps and support‘ section below for further details about how to get support during and after a stop.

What is Schedule 7 of the Terrorism Act 2000?

The Terrorism Act 2000 (‘the Act’) provides the main legal framework for counter-terrorism powers in the UK.

Under Schedule 7 of the Act, police, immigration and customs officers (‘examining officers’) are given powers to stop, question, detain and search individuals who pass through the United Kingdom’s borders and ports for the purpose of determining whether they appear to be someone who is or who has been concerned in the commission, preparation or instigation of acts of “terrorism”.

Examining officers do not need prior suspicion of a person being involved in terrorism to exercise these powers.

Being stopped and questioned under Schedule 7 does not mean that you are suspected of or being investigated for a crime.

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What powers do officers have under Schedule 7?

Schedule 7 grants examining officers the power to exercise a wide range of powers. For instance:

• Paragraph 6 allows the detention of a person for up to six hours, starting from the point of questioning.
• Paragraphs 8 allows examining officers to search a person and their property, including electronic devices such as mobile phones.  An examining officer can require a person to unlock their device to access information e.g., social media messages.
• In conjunction with Schedule 8, officers can even take and retain samples of DNA and fingerprints, and add them to the same database as convicted terrorists. See below where there is information on how to ask for your data to be erased.
• Paragraph 11 allows the detention of property seized during an examination for up to seven days or as long the officer believes it is necessary for use in criminal or deportation proceedings.
• Paragraph 11(a) allows officers to make and retain copies of data on electronic items such as mobile phones, laptops and tablet computers.
• Under paragraph 3 of Schedule 14 of the Act, an examining officer may use ‘reasonable force’ (i.e. necessary and proportionate) for the purpose of exercising a search power under Schedule 7.

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Do I have to answer questions under Schedule 7?

You must answer any Schedule 7 based questions by examining officers. You must also provide the examining officer with your passport or another form of identity, when asked.

You may be committing a criminal offence if you refuse to comply with any requests for information by the examining officer, or wilfully obstruct a search or examination.

Anything that is said when questioned under Schedule 7 cannot be used in evidence in criminal proceedings, unless you are being prosecuted for giving false evidence during Schedule 7 questioning.

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Why should we be concerned about Schedule 7?

Since its introduction, Liberty has expressed concerns about Schedule 7 being a violation of due process and an invasion of privacy. As with any suspicionless power, Schedule 7 results in a disproportionate impact on marginalised communities, in particular, those of Asian ethnicity.  Since 2021, around 70 per cent of the thousands of people stopped at UK ports under anti-terrorism legislation, including Schedule 7, were from black, Asian and minority ethnic backgrounds.

Racial and religious profiling has played a significant role in this. In the European Court of Human Rights case of Sabure Malik v the United Kingdom, the Equality and Human Rights Commission made submissions that “Stops at airports under Schedule 7 … are having some of the most significant negative impacts across Muslim communities … for some Muslims, these stops have become a routine part of their travel experience.”

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Your rights under Schedule 7

Your rights when being examined can be found in the Home Office’s Code of Practice on Schedule 7.

• Notification: You must be informed that the examination is being carried out under Schedule 7 of the Terrorism Act 2000.
• Legal advice: You are not entitled consult a solicitor before questioning, but you can (and should) still request one which may be granted at the officer’s discretion. You should have contact details for a criminal defence solicitor with expertise in terrorism law.
• Informing others: If reasonably practicable, the examining officer should allow you to notify someone about your examination and whereabouts.
• Social media access: Officers may search your electronic devices and request passwords but they cannot use login details to access your social media from another device.
• Searches: Examining officers may carry out strip searches (a search removal of more than outer clothing) in certain circumstances.
• Noting information: You can (and should) keep your own note about the examination, including officer names, date, time, location, questions asked and information provided. You can also request a Schedule 7 Public Information Leaflet (which is available in multiple languages).
• Recording: You should ask for any interview to be audio-recorded.
• Delays to your travel: If you miss your travel because you have been stopped under Schedule 7, examining officers should support you in finding alternative travel arrangements – make sure to request this from them.
• Language support: If you don’t understand English, efforts must be made to communicate effectively, possibly with an interpreter.
• Travelling with vulnerable people: If there is no other responsible adult present, officers must ensure the well-being of any vulnerable individuals accompanying you, e.g. children.
• Welfare considerations: You should have access to refreshments, breaks, and healthcare if needed. Arrangements for religious observance should be made when possible.
• Trans individuals: Trans individuals should be shown sensitivity by examining officers.
• Commonwealth and foreign nationals: You can request your High Commission, Embassy, or Consulate be notified of your location and the reason for your detention.
• Records: Records of examinations must be maintained. This includes your name, officer IDs, ethnicity (if provided), and examination duration. Records must be kept for statistical or reference purposes for as long as judicial challenge or a complaint about the use of the powers can be made. Under data protection laws, you can make a subject access request to request the data held about you, and request the erasure of your records if you have not been charged with an offence, which can include copies of your electronic and biometric data.
  • If you were examined by an immigration officer, you should send your request to the Home Office via their online form.
  • If you were examined by a police officer, you should also send your subject access request to the local police force.

Other legal obligations:

Examining officers are required to act compatibly with your rights contained in the European Convention on Human Rights, which is protected under the Human Rights Act 1998. This includes:

• Article 3: Your right to freedom from torture and inhuman or degrading treatment
• Article 5: Your right to liberty and security
• Article 8: Your right to respect for your private and family life, home and correspondence
• Article 10: Your right to freedom of expression
• Article 14 : Your right not to be discriminated against in connection with your human rights

The Equality Act 2010 also prohibits officers from unlawfully discriminating against you based on any of the following ‘protected characteristics’:

• age
• disability
• gender reassignment
• race (including colour, nationality, ethnic or national origins)
• religion or belief
• sex and sexual orientation
• marriage and civil partnership
• pregnancy and maternity

Despite Schedule 7 not requiring the examining officer to have prior suspicion, this does not mean that decisions about detaining and examining someone under Schedule 7 should be made arbitrarily.

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Next steps and support

Making a complaint

You can make a formal complaint about any element of your examination and detention under Schedule 7 to:

The Independent Office of Police Conduct 

If the examination was carried out by a police officer, you can contact the Independent Office of Police Conduct  to file a complaint or contact the local police force where the Schedule 7 examination took place to raise any concerns.

• Contact number: 0300 020 0096
• Online webform: www.policeconduct.gov.uk/complaints/submit-a-complaint
• Email: enquiries@policeconduct.gov.uk

The Home Office

Where the examining officer is an immigration or customs officer:

• Address: Complaints Allocations Hub, Central point of receipt, 7th Floor, Lunar House, 40 Wellesley Road, Croydon CR9 2BY
• Email: complaints@homeoffice.gov.uk

Getting support

Legal advice

If you have been detained, questioned or arrested under Schedule 7, you should ask to contact a criminal defence solicitor who specialises in terrorism law as soon as possible. Visit our ‘I need a lawyer’ page to find out how you can do this.

If you feel like Schedule 7 powers were used unlawfully against you, for example you were discriminated against or your human rights were breached, you should speak to a human rights and civil liberties solicitor.

Other support

Maslaha’s Coming Home project provides free and confidential counselling services by Muslim therapists for Muslims who have been affected by policing, security, border policing.

• Website and Support Service form: www.maslaha.org/Project/coming-home-project
• Email: cominghome@maslaha.org

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