Post Reply 
 
Thread Rating:
  • 0 Votes - 0 Average
  • 1
  • 2
  • 3
  • 4
  • 5
Excerpts from the UK Terrorism Act 2000 - re: Dentention of David Miranda
Author Message
darkhorse Offline
Administrator
*******

Posts: 788
Joined: Mar 2013
Post: #1
Excerpts from the UK Terrorism Act 2000 - re: Dentention of David Miranda
Excerpts from the Terrorism Act 2000 pertinent to the detention of David Miranda, partner of Glenn Greenwald, at Heathrow Airport
Source: legislation.gov.uk
(Main pertinent areas are high-lighted in blue)


SCHEDULE 7
Port and Border Controls


Interpretation

1(1) In this Schedule “examining officer” means any of the following—
a)a constable,

b) an immigration officer, and

c) a customs officer who is designated for the purpose of this Schedule by the Secretary of State and the Commissioners of Customs and Excise.

(2)In this Schedule—

“the border area” has the meaning given by paragraph 4,
“captain” means master of a ship or commander of an aircraft,
“port” includes an airport and a hoverport,
“ship” includes a hovercraft, and
“vehicle” includes a train.

(3) A place shall be treated as a port for the purposes of this Schedule in relation to a person if an examining officer believes that the person—

a) has gone there for the purpose of embarking on a ship or aircraft, or

b) has arrived there on disembarking from a ship or aircraft.

Power to stop, question and detain

2(1)An examining officer may question a person to whom this paragraph applies for the purpose of determining whether he appears to be a person falling within section 40(1)(b).[See** below]

(2) This paragraph applies to a person if—

a) he is at a port or in the border area, and

b) the examining officer believes that the person’s presence at the port or in the area is connected with his entering or leaving Great Britain or Northern Ireland [F1or his travelling by air within Great Britain or within Northern Ireland].

(3) This paragraph also applies to a person on a ship or aircraft which has arrived [F2at any place in Great Britain or Northern Ireland (whether from within or outside Great Britain or Northern Ireland).]

(4) An examining officer may exercise his powers under this paragraph whether or not he has grounds for suspecting that a person falls within section 40(1)(b).

3. An examining officer may question a person who is in the border area for the purpose of determining whether his presence in the area is connected with his entering or leaving Northern Ireland.

4(1) A place in Northern Ireland is within the border area for the purposes of paragraphs 2 and 3 if it is no more than one mile from the border between Northern Ireland and the Republic of Ireland.

(2) If a train goes from the Republic of Ireland to Northern Ireland, the first place in Northern Ireland at which it stops for the purpose of allowing passengers to leave is within the border area for the purposes of paragraphs 2 and 3.

5A person who is questioned under paragraph 2 or 3 must—
a) give the examining officer any information in his possession which the officer requests;

b) give the examining officer on request either a valid passport which includes a photograph or another document which establishes his identity;

c) declare whether he has with him documents of a kind specified by the examining officer;

d) give the examining officer on request any document which he has with him and which is of a kind specified by the officer.

6(1) For the purposes of exercising a power under paragraph 2 or 3 an examining officer may—
a) stop a person or vehicle;

b) detain a person.

(2) For the purpose of detaining a person under this paragraph, an examining officer may authorise the person’s removal from a ship, aircraft or vehicle.

(3) Where a person is detained under this paragraph the provisions of Part I of Schedule 8 (treatment) shall apply.

(4) A person detained under this paragraph shall (unless detained under any other power) be released not later than the end of the period of nine hours beginning with the time when his examination begins.

Searches

7 For the purpose of satisfying himself whether there are any persons whom he may wish to question under paragraph 2 an examining officer may—
a) search a ship or aircraft;

b) search anything on a ship or aircraft;

c) search anything which he reasonably believes has been, or is about to be, on a ship or aircraft.

8(1) An examining officer who questions a person under paragraph 2 may, for the purpose of determining whether he falls within section 40(1)(b)—
a) search the person;

b) search anything which he has with him, or which belongs to him, and which is on a ship or aircraft;

c) search anything which he has with him, or which belongs to him, and which the examining officer reasonably believes has been, or is about to be, on a ship or aircraft;

d) search a ship or aircraft for anything falling within paragraph (b)

[F3e) search a vehicle which is on a ship or aircraft;

f) search a vehicle which the examining officer reasonably believes has been, or is about to be, on a ship or aircraft.]

F3(2) Where an examining officer questions a person in the border area under paragraph 2 he may (in addition to the matters specified in sub-paragraph (1)), for the purpose of determining whether the person falls within section 40(1)(b)—

a) search a vehicle;

b) search anything in or on a vehicle;

c) search anything which he reasonably believes has been, or is about to be, in or on a vehicle.

(3) A search of a person under this paragraph must be carried out by someone of the same sex.

9(1) An examining officer may examine goods to which this paragraph applies for the purpose of determining whether they have been used in the commission, preparation or instigation of acts of terrorism.
[F4(2)This paragraph applies to—

a) goods which have arrived in or are about to leave Great Britain or Northern Ireland on a ship or vehicle, and

b) goods which have arrived at or are about to leave any place in Great Britain or Northern Ireland on an aircraft (whether the place they have come from or are going to is within or outside Great Britain or Northern Ireland).]

(3) In this paragraph “goods” includes—

a) property of any description, and

b) containers.

(4) An examining officer may board a ship or aircraft or enter a vehicle for the purpose of determining whether to exercise his power under this paragraph.

10(1) An examining officer may authorise a person to carry out on his behalf a search or examination under any of paragraphs 7 to 9.

(2) A person authorised under this paragraph shall be treated as an examining officer for the purposes of—

a) paragraphs 9(4) and 11 of this Schedule, and

b) paragraphs 2 and 3 of Schedule 14.

Detention of property

11(1) This paragraph applies to anything which—
a) is given to an examining officer in accordance with paragraph 5(d),

b) is searched or found on a search under paragraph 8, or

c) is examined under paragraph 9.

[Note: pertinent re: property taken from David Miranda]

(2) An examining officer may detain the thing—

a) for the purpose of examination, for a period not exceeding seven days beginning with the day on which the detention commences,

b) while he believes that it may be needed for use as evidence in criminal proceedings, or

c) while he believes that it may be needed in connection with a decision by the Secretary of State whether to make a deportation order under the M1Immigration Act 1971.


**Section 40 Terrorist: interpretation.

(1) In this Part “terrorist” means a person who—

(a) has committed an offence under any of sections 11, 12, 15 to 18, 54 and 56 to 63, or


(Note: these sections refer generally to the supporting, financing and taking part in 'prescribed organisations' and terrorist organisations, including the provision of weapons training and money-laundering)

(b)is or has been concerned in the commission, preparation or instigation of acts of terrorism.


-----------------------------------------------------
08-19-2013 02:24 PM
Visit this user's website Find all posts by this user Quote this message in a reply


Forum Jump:


User(s) browsing this thread: 1 Guest(s)

Contact Us | WikiLeaks Supporters Forum | Return to Top | Return to Content | Light (Archive) Mode | RSS Syndication