Schedule 7
Schedule 7 of the Terrorism Act 2000 provides police officers with unique powers to examine people who pass through the United Kingdom’s borders. It allows them to stop, question and when necessary, search and detain individuals and goods travelling through the UK’s borders to determine whether they may be involved or concerned in the commission, preparation or instigation of acts of terrorism.
The examination of an individual under Schedule 7 is not conditional upon having grounds to suspect that person of being engaged in terrorism, but the decision must not be arbitrary. There are a range of safeguards and measures in place to ensure appropriate use of the powers.
A vital tool for policing, Schedule 7 powers can be instrumental in securing evidence to support the conviction of terrorists, gathering intelligence to detect terrorist threats and deterring terrorist or hostile activity in the UK.
The use of Schedule 7 powers regularly feature in some of Counter Terrorism Policing’s most complex and high-risk investigations and prosecutions.
Only police officers who have secured national accreditation are able to use Schedule 7 powers, this accreditation is reviewed every two years by the relevant Chief Constable or Chief Officer.
There is also a Code of Practice which governs how police officers can use Schedule 7.
Under Schedule 7, a police officer with the mandated accreditation does not need prior authority or suspicion to stop, question, search, or if necessary, detain someone. However, they may only stop and question a person for the purpose of allowing a determination of whether that person appears to be someone who is or who has been concerned in the commission, preparation or instigation of acts of terrorism.
Under Schedule 7, an individual has a legal duty to answer questions or provide any information requested for the purposes of the examination.
Whilst selecting someone to stop does not require grounds of suspicion, the powers must not be used arbitrarily. They must be informed by the threat from terrorism to the United Kingdom and its interests posed by the various terrorist groups, networks and individuals active in and outside the United Kingdom. Selection and decision-making criteria is outlined in the Code of Practice.
Stopping someone under Schedule 7 based on race, ethnic background or any other protected characteristic is unlawful, except to the extent that they are used in association with considerations that relate to the threat from terrorism.
The legal powers are scrutinised by the Independent Reviewer of Terrorism Legislation and, the Biometrics Commissioner.
Schedule 7 is a powerful tool when used in the interests of national security, however we know that some people oppose the use of these powers and, at times, their deployment is controversial.
Officers with the power to stop people at our borders under Schedule 7 are trained to discharge their duties proportionately and responsibly.
Read more about the use of Schedule 7, including quarterly statistics.
Frequently Asked Questions
Are there any recent cases where the use of Schedule 7 has led to a conviction?
In August 2023, a 21-year-old man was jailed for three years after a Schedule 7 stop at Gatwick Airport revealed he had breached licence conditions imposed on him after a conviction for terrorism offences.
In June 2023, a 24-year-old man received a six year prison sentence as a result of an investigation by the Met’s Counter Terrorism Command, which found that he was sharing Daesh propaganda and terrorist material via social media apps. Ismail Kissa, from east London, was stopped at Stansted Airport the previous March.
How do police decide who to stop?
The decision to select an individual for examination must be informed by the threat from terrorism to the United Kingdom and its interests posed by terrorist groups and networks that are active both inside and outside the UK.
Factors that could be considered include:
- Known and suspected sources of terrorism
- Persons, organisations or groups whose current or past involvement in acts or threats of terrorism is known or suspected, and supporters or sponsors of such activity who are known or suspected
- Any information on the origins and/or location of terrorist groups
- Possible current, emerging and future terrorist activity
- The means of travel (and documentation) that a group or persons involved in terrorist activity could use
- Patterns of travel through specific ports or in the wider vicinity that may be linked to terrorist activity; or appear unusual for the intended destination
- Observation of a person’s behaviour;
- Referrals made to examining officers by other security, transport or enforcement bodies
How long can a person be held under Schedule 7?
Most examinations take only a short time. However, if your examination takes longer than an hour, you will be formally detained under Schedule 7 and will be required to remain for up to six hours.
Being detained under Schedule 7 does not mean you have been arrested or cautioned. This will be made clear to you by your examining officer.
The decision to detain you will be subject to review by a senior officer one hour after you have been detained and every two hours after that.
During examination any personal or welfare needs will be taken into consideration. If your ongoing travel arrangements are inconvenienced, where appropriate, officers will try to assist you with seeking advice on alternative arrangements.
Where can people find out what their rights are?
The full list of a person’s rights while under Schedule 7 examination can be found in the Schedule 7 Code of Practice. At the start of every examination, the person will be given a public information leaflet that explains what the powers are, what the person’s rights and entitlements are, and their duties under the law. If the person is formally detained within the first hour, they will also be provided with a ‘Notice of Detention’ that reiterates their rights and legal obligations.
Can police take a person’s fingerprints, DNA and photo when they stop someone under Schedule 7?
Yes. Fingerprints, photographs and non-intimate DNA samples can be taken from a person who has been formally detained for examination under Schedule 7, using powers contained in Schedule 8 to the Terrorism Act 2000.
Do police have the right to search a person and their property under Schedule 7?
Yes. If a person is being examined under Schedule 7, officers have the power to search them, as well as their belongings, for the purposes of the examination. This includes searching a vehicle the person is travelling in, but only if the vehicle itself is being taken through the port.
Do the police have the right to detain a person’s property under Schedule 7?
Yes. While property is normally returned to the person at the end of their examination, officers have the power to further detain anything they have examined, searched or found during the Schedule 7 examination. Property can be retained for a maximum of seven days if the purpose is its examination, or for longer if the officer believes it may be needed as evidence in criminal proceedings, or to assist in making a deportation order under the Immigration Act 1971.
Can the police demand passwords for electronic devices?
Yes. If a person is being examined, they can be required to provide any information requested, including passwords and PINs to any electronic devices. They will commit an offence if they wilfully fail to comply with this requirement.
If someone has questions or concerns about the use of Schedule 7, who should they contact?
Anyone who wants to raise a question, concern or complaint about the use of Schedule 7 can contact the local police force where the Schedule 7 examination took place (details are on the information leaflet that is given to people stopped under Schedule 7) or, in the case of a complaint, the Independent Office of Police Conduct on 0300 020 0096.