Accredited official statistics

Operation of police powers under the Terrorism Act 2000 and subsequent legislation: Arrests, outcomes, and stop and search, Great Britain, quarterly update to December 2023

Updated 30 August 2024

Applies to England, Scotland and Wales

About this report

Forthcoming release: Home Office statistics release calendar

Home Office responsible statistician: Rosanna Currenti

Press enquiries: 0300 123 3535

Public enquiries: [email protected]

Privacy information notice

This release covers the use of police powers under terrorism and subsequent legislation in Great Britain on a quarterly basis up to the year ending 31 December 2023. It also covers arrests for terrorist-related activity under other legislation such as the Police and Criminal Evidence Act (PACE).

The statistics in this release use a range of data sources. More information is available in section 1.1.

Main results

There were 219 arrests for terrorism-related activity in the year ending 31 December 2023, 52 more than in the year ending 31 December 2022 (a rise of 31%), and the highest number of terrorism-related arrests in a year since the year ending 31 December 2019. This is the first year since year ending 31 December 2017 where arrests have increased compared to the previous year.

Figure 1: Arrests for terrorist-related activity, by legislation, years ending 31 December 2002 to 31 December 2023, Great Britain^1,2,3

Source: CTPHQ Coordination Centre (see annual data table A.01)

Notes:

1. Figures for the year ending 31 December 2002 include data from 11 September 2001 onwards.
2. ‘Other legislation’ includes arrests under non-terrorism legislation, such as the Police and Criminal Evidence Act (PACE) 1984.
3. Includes arrests that are considered by the CTPHQ Coordination Centre to be terrorism-related, either at the time of arrest or at a subsequent point in the investigation.

At the time of data provision, of the 219 arrests for terrorist-related activity:

• 61 (28%) resulted in a charge, of which 57 were for terrorism-related offences
• 98 (45%) persons were bailed to return and released under investigation
• 46 (21%) persons were released without charge
• 12 (5%) faced alternative action, for example, receiving a caution or recalled to prison
• 2 (1%) have a decision pending

In the year ending 31 December 2023, 65 persons were tried for terrorism-related offences, 7 more than in the year ending 31 December 2022. For more information see section 3, ‘Court proceedings’.

As of 31 December 2023, there were 244 persons in custody for terrorism-connected offences in Great Britain, 18 more than in the year ending 31 December 2022. For more information see section 4, ‘Terrorist prisoners’.

In the year ending 31 December 2023, 204 persons were stopped and searched by the Metropolitan Police Service under section 43 of TACT 2000. This was a decrease of 38% compared to the year ending 31 December 2022 (327). There were 20 arrests resulting from a section 43 stop and search, in the year ending 31 December 2023. For more information see section 5, ‘Other police powers under the Terrorism Act 2000’.

1. Introduction

1.1 Data sources

The ‘Arrests and outcomes’ section contains data provided by the Counter Terrorism Policing Headquarters (CTPHQ) Coordination Centre and includes statistics for Great Britain on the:

• number of arrests for terrorist-related activity and outcomes (such as charges and convictions) following such arrest
• number of charges and convictions broken down by legislation used
• gender, age, ethnicity, and nationality of those arrested, charged and convicted

The ‘Court proceedings’ section uses data from the Crown Prosecution Service Counter Terrorism Division (CPS CTD) and includes statistics for England and Wales on the:

• number of persons proceeded against by CPS CTD for terrorism-related offences
• number of persons that have been prosecuted and convicted broken down by the legislation used
• sentence length of those convicted for terrorism-related offences
• outcomes of appeals against such convictions or sentences

The ‘Terrorist prisoners’ section uses data from His Majesty’s Prison and Probation Service (HMPPS) and the Scottish Prison Service (SPS) and includes statistics for Great Britain on the:

• number and ideology of persons in custody for Terrorism Act 2000 (TACT)-connected offences
• ethnicity, nationality and religion of those in custody
• number of persons released from custody by sentence length

The ‘Other police powers under TACT 2000’ section uses data provided by the Metropolitan Police Service (MPS) and CTPHQ, and includes statistics on the:

• number of stops and searches carried out by MPS under section 43 of TACT 2000
• number of stops and searches carried out by police^{[footnote 1]} under section 47a of TACT 2000
• number of examinations and subsequent detentions made in Great Britain under Schedule 7 to TACT 2000
• data on goods examinations, strip searches and on refusals of requests to postpone questioning (usually to enable an individual to consult a solicitor) under Schedule 7 to TACT 2000
• number of cordons under section 33 of TACT 2000

From the year ending June 2019 publication onwards, data has also been collected and published on the total number of examinations and detentions made in the United Kingdom as a whole under Schedule 7 to TACT 2000, as well as how many examinations related to intra-UK journeys. An intra-UK examination is when a person has been examined under Schedule 7 TACT at a UK port either before or after a journey between one UK port and another UK port. This includes journeys between or within England, Wales, Northern Ireland and Scotland.

Furthermore, data has also been provided on how frequently other powers have been used in Great Britain under Schedule 7 to restrict or qualify a person’s access to a solicitor, including:

• required to consult a solicitor by phone
• delayed access to a solicitor
• required to consult in sight and hearing of a qualified officer

Moreover, from the year ending June 2021 publication onwards, data has also been collected and published on the number of persons where one or more biometric identifier was taken during an examination made under Schedule 7 of the Terrorism Act 2000 in the United Kingdom. For the purposes of this statistical publication, a biometric identifier (taken during an examination under Schedule 7) includes photographs, fingerprints and DNA samples.

From the year ending September 2021 publication onwards, data has been collected and published on the number of persons detained and applications for extension of detention in Great Britain under Schedule 8 of the Terrorism Act 2000. Data has also been collected and published on the number of requests for access to a solicitor by persons detained in Great Britain under Schedule 8 of the Terrorism Act 2000. The user guide provides further details on these new statistics.

These new statistics are classed as official statistics in development. More information about official statistics in development can be found on the UK Statistics Authority website. Home Office statisticians aim to improve the quality of the data in future releases by working with data providers to improve quality assurance procedures.

The user guide provides further details on this release, including the strengths and limitations of the datasets, and the quality assurance processes involved in the production of this release. It also includes a summary of the criminal justice process, a glossary of terms used, the legislation and the categories referred to in this release.

1.2 Main changes and additions to this release

In line with our published Revisions and Corrections policy, we have amended our aggregation process for this statistical publication on individuals with a self-defined ethnicity code of ‘A9 – Any Other Asian Background’. In previous publications these individuals were included under the ‘Other’ category and are now grouped under the ‘Asian’ category. For the year to September 2023 publication, it affects a total of:

• 58 arrests
• 9 charges
• 5 convictions

Statistics on this category are reported in ‘section 2.6 Ethnic appearance as recorded by the arresting officer’ and can also be found in Table A.11a of the annual data tables.

The main changes and additions to the Bulletin are presented in detail in ‘Annex A’.

1.3 Accredited Official Statistics

This data, formerly known as ‘National Statistics’, is ‘Accredited Official Statistics’. National Statistics is the legal term set out in the Statistics and Registration Service Act 2007 for ‘Accredited Official Statistics’ that have been judged by the Office for Statistics Regulation (OSR), to comply with the Code of Practice for Statistics (“the Code”). This means these statistics meet the standards of trustworthiness, quality and value as set out in “the Code”. Further information about Accredited Official Statistics can be found on the OSR’s website. This means that these statistics meet the highest standards of trustworthiness, impartiality, quality and public value, and are fully compliant with the Code of Practice for Statistics. As part of the assessment process, the Home Office reviewed and improved the user guide that accompanies this release. This now contains more details about the strengths and limitations of the various datasets within the publication, as well as the steps taken to engage with users. Further details on the assessment process can be found on the UK Statistics Authority website.

1.4 Accountability statement

Our statistical practice is regulated by the OSR which sets the standards of trustworthiness, quality and value in the Code of Practice for Statistics that all producers of official statistics should adhere to. You are welcome to contact us directly via [email protected] with any comments about how we meet these standards. Alternatively, you can contact OSR by emailing [email protected] or via the OSR website.

2. Arrests and outcomes

Main results

• in the year ending 31 December 2023, there were 219 arrests for terrorist-related activity in Great Britain, 52 more than the year ending 31 December 2022 (a rise of 31%)
• at the time of data provision^{[footnote 2]}, 61 arrests resulted in a charge (28%), of which 57 were for terrorism-related offences
• of the 18 individuals arrested under section 41 of TACT 2000 in Great Britain, there was one instance where a request for access to a solicitor was delayed

This section presents statistics on the number of persons arrested by the police in Great Britain where there was suspicion of involvement in terrorist-related activity, either at the time of arrest or at a subsequent point in the investigation. In some cases, evidence may emerge after an arrest for a terrorism-related offence that suggests a suspect does not have links to terrorist activity but has committed a non-terrorism-related offence. These cases are included in the data as non-terrorism-related charges and/or convictions.

Outcomes following arrests for terrorist-related activity are also included in the statistics, which show the number of arrests that led to a charge or prosecution as well as other outcomes. Demographic information about those arrested, charged and convicted is also provided in this section. All data in this section is based on the date of arrest. This allows users to see the outcomes of all the arrests in a specific period (such as how many led to a charge and conviction).

As cases progress over time, figures published in this release are likely to be revised. This is particularly relevant for more recent time periods where a larger number of cases will not have been finalised (‘released on bail’ or ‘awaiting prosecution’). The effect on the arrests total will be minimal but the number of charges and convictions currently reported will increase in future releases, especially for cases from the more recent quarters where a greater number have not yet reached the point of charge or conviction.

Data is provided to the Home Office by the CTPHQ Coordination Centre and is taken from a live database. This section includes annual breakdowns of the data from 11 September 2001 (when the data collection began) to the year ending 31 December 2023, as well as quarterly trends over the most recent 9 quarters. The data was based on the latest position of each case as at the time of provision to the Home Office (on 5 February 2024).

A flow chart summarising this section is included in figure 2.1. The flow chart is designed to summarise how individuals who are arrested for terrorism-related activity are dealt with in the criminal justice system. It follows the process from the point of arrest, through to charge (or other outcome) and prosecution. The annual data tables from A.01 to A.13b include data on arrests and outcomes and are provided alongside this release. The data is broken down by rolling years to December.

Figure 2.1: Arrests and outcomes¹ in Great Britain in the year ending 31 December 2023²

Source: CTPHQ Coordination Centre (see annual data tables from A.01 to A.07)

Notes:

1. Based on time of arrest, between 1 January 2023 and 31 December 2023.
2. Data presented is based on the latest position with each case as at the date of data provision from CTPHQ Coordination Centre (5 February 2024).
3. ‘Alternative action’ includes a number of outcomes, such as cautions, detentions under international arrest warrant, transfer to immigration authorities etc. See annual data table A.03 for a complete list.
4. Terrorism-related charges and convictions include some charges and convictions under non-terrorism legislation, where the offence is considered to be terrorism-related.
5. The ‘other’ category includes other cases/outcomes such as cautions, transfers to Immigration Enforcement Agencies, the offender being circulated as wanted, and extraditions.
6. Cases that are ‘awaiting prosecution’ are not yet complete. As time passes, these cases will eventually lead to a prosecution, ‘other’ outcome, or it may be decided that the individual will not be proceeded against.
7. Excludes convictions that were later quashed on appeal.

In the year ending 31 December 2023, there were 219 arrests for terrorist-related activity in Great Britain, 52 more than the year ending 31 December 2022 (a rise of 31%), and the highest number of terrorism-related arrests in a year since the year ending 31 December 2019. Of the 219 arrests:

• 61 were charged, 46 were released without charge, 12 had alternative action, 98 were on bail to return & released under investigation, and 2 have a decision pending
• of the 61 charged, 57 were charged with terrorism-related offences, and 4 were charged with non-terrorism related offences
• of the 57 charged with terrorism-related offences, 14 were prosecuted, 32 are awaiting prosecution, and 11 had other outcomes
• of the 14 charged with terrorism-related offences and prosecuted, all were convicted of terrorism-related offences
• of the 4 charged with non-terrorism related offences, 1 was prosecuted, 1 was not proceeded against, and 2 are awaiting prosecution
• the 1 charged with a non-terrorism related offence and prosecuted was convicted of a non-terrorism related offence

2.1 Arrests by legislation

In the year ending 31 December 2023, there were 219 arrests for terrorist-related activity in Great Britain, 18 of which were under Section 41 of Terrorism Act 2000 (8%). The remaining 201 arrests (92%) were made under other legislation which includes arrests under non-terrorism legislation, such as the Police and Criminal Evidence Act (PACE) 1984.

Figure 2.2: Arrests for terrorist-related activity, by legislation, years ending 31 December 2002 to 31 December 2023, Great Britain^1,2,3

Source: CTPHQ Coordination Centre (see annual data table A.01)

Notes:

1. Figures for the year ending 31 December 2002 include data from 11 September 2001 onwards.
2. ‘Other legislation’ includes arrests under non-terrorism legislation, such as the Police and Criminal Evidence Act (PACE) 1984.
3. Includes arrests that are considered by the CTPHQ Coordination Centre to be terrorism-related, either at the time of arrest or at a subsequent point in the investigation.

There was a consistent number of arrests between October 2021 to December 2021, January 2022 to March 2022, and April 2022 to June 2022 (51, 50 and 51 respectively). The number of arrests decreased in the quarters July to September 2022 and October to December 2022 (39 and 27 respectively) before a rise in January to March 2023 (55). There were 40 arrests in the quarter April to June 2023, 51 in the quarter July to September 2023, and 73 in the latest quarter, October to December 2023.

Figure 2.3: Arrests for terrorist-related activity, by legislation, 9 quarters to 31 December 2023, Great Britain^1,2

Source: CTPHQ Coordination Centre (see quarterly data table A.01)

Notes:

1. ‘Other legislation’ includes arrests under non-terrorism legislation, such as the Police and Criminal Evidence Act 1984.
2. Includes arrests that are considered by the CTPHQ to be terrorism-related, either at the time of arrest or at a subsequent point in the investigation.
3. Average line represents the mean number (49) of quarterly arrests over the last 9 quarters.

2.2 Pre-charge detention under Section 41 of the Terrorism Act 2000

Once a suspect has been arrested by the police, they may be detained for a specified period of time before being charged, giving the police time to investigate and gather evidence related to potential terrorism offences. The current maximum period of detention under section 41 of TACT 2000 is 14 days (which reduced from the previous limit of 28 days on 25 January 2011). This compares with a maximum of 4 days under standard arrest powers. Further details of the legislation can be found in the user guide.

There were 18 detentions under section 41 of TACT 2000 in the year ending 31 December 2023, down from 36 detentions in the year ending 31 December 2022. Of the 18 detentions in the year ending 31 December 2023, 8 led to a charge (44%).

Further details on the length and outcomes of detentions under section 41 of TACT 2000 can be found in annual data table A.02.

2.3 Other powers under Schedule 8 to TACT 2000

Under Section 41 of TACT 2000, police officers have the power to arrest persons suspected of terrorism-related offences without a warrant. These arrest powers also allow the extended detention of persons beyond the maximum 4 days available under standard arrest powers, to a maximum of 14 days. Multiple applications for warrants of further detention may be made for one individual.

In the year ending 31 December 2023^{[footnote 3]}, of the 18 individuals arrested under section 41 of TACT 2000 in Great Britain, there were 18^{[footnote 4]} warrants of further detention under Schedule 8 of TACT 2000, which may include multiple warrants for the same individual.

Under Section 41 of TACT 2000, a person detained in police custody under the terrorism provisions is entitled to consult a solicitor privately. A police officer of at least the rank of superintendent can authorise a delay in permitting a detained person to consult a solicitor if they believe that exercising this right will result in any of the consequences listed in Schedule 8 of the act. Please see the user guide for further information. In the year ending 31 December 2023, of the 18 individuals arrested under section 41 of TACT 2000 in Great Britain, there was one instance where a request for access to a solicitor was delayed.

2.4 Charges

In line with the general convention for Home Office criminal justice statistics, when a person is charged or prosecuted for multiple offences at the same time, only the most serious offence is counted – usually the one that carries the highest penalty. This “principal offence rule” means the statistics provide a count of individuals charged rather than the total number of charges. More detailed information on the principal offence rule can be found in the accompanying user guide. Further details of the legislation under which persons have been charged following an arrest for a terrorism-related activity can be found in annual data tables A.05a to A.05c.

At the time of data provision^{[footnote 5]}, of the 219 arrests for terrorist-related activity in the year ending 31 December 2023:

• 61 (28%) resulted in a charge, of which 57 were for terrorism-related offences
• 98 (45%) persons were bailed to return and released under investigation
• 46 (21%) persons were released without charge
• 12 (5%) faced alternative action, for example, receiving a caution or recalled to prison
• 2 (1%) have a decision pending

Given the number of cases still to be finalised in the year ending 31 December 2023, the current charge rate shown may change over time. Until all cases in a given period are finalised, care should be taken when comparing charge rates over time.

Figure 2.4: Charging outcomes following an arrest for terrorist-related activity, 9 quarters to 31 December 2023, Great Britain^1,2

Source: CTPHQ Coordination (see annual data table A.03)

Notes:

1. ‘Alternative action’ includes for instance, cautions for non-TACT 2000 offences, detentions under the Mental Health Act, recall to prison.
2. ‘Bailed to Return’ includes those released on bail pending further investigation, and those who have absconded from bail. Those who were released under investigation (RUI) were previously unable to be recorded separately and were recorded as ‘released without charge’.

Charge rates steadily increased between the year to 31 December 2017 (39%, 181 out of 467 arrests) and the year to 31 December 2022 (43%, 71 out of 167 arrests). In the most recent reporting period, year to 31 December 2023, the charge rate is 28% (61 out of 219 arrests). However, as cases progress over time, figures published in this release are likely to be revised. The effect on the arrests total will be minimal but the number of charges and convictions currently reported will likely increase in future releases, especially for cases from the more recent quarters where a greater number have not yet reached the point of charge or conviction.

Figure 2.5: Charging outcomes following an arrest for terrorist-related activity, year ending December 2002 to December 2023, Great Britain^1,2

Source: CTPHQ Coordination Centre (see annual data table A.03)

Notes:

1. ‘Alternative action’ includes cautions for non-TACT offences, detentions under the Mental Health Act, recall to prison, and transfers to immigration authorities.
2. ‘Bailed to Return’ includes those released on bail pending further investigations, and those who have absconded from bail. Those who were released under investigation were previously unable to be recorded separately and were recorded as ‘released without charge’.

2.5 Prosecutions

As with charges, statistics on prosecutions are also based on the principal offence rule, (see section 2.3). Where an individual is prosecuted for more than one offence at a time, they are classified in terms of a single offence – usually the most serious.

Figure 2.6 shows the outcomes following a charge for a terrorism-related offence.

Further details of the specific legislation under which persons have been convicted following a charge for a terrorism-related offence can be found in annual data tables A.08a to A.08c.

Figure 2.6: Outcomes following a charge for a terrorism-related offence, year ending 31 December 2023^1,2,3,4, Great Britain

Source: CTPHQ Coordination Centre (see annual data table A.06c)

Notes:

1. Based on the time of arrest.
2. A more detailed flow chart can be found in section 2, ‘Arrests and outcomes’.
3. Data presented is based on the latest position with each case as at the date of data provision from CTPHQ Coordination Centre (5 February 2024).
4. The chart does not include outcomes following non-terrorism-related charges.
5. Terrorism-related charges and convictions include some charges and convictions under non-terrorism legislation, where the offence is considered to be terrorism-related.
6. Cases that are ‘awaiting prosecution’ are not yet complete. As time passes, these cases will eventually lead to a prosecution, ‘other’ outcome, or it may be decided that the individual will not be proceeded against.
7. Excludes convictions that were later quashed on appeal.
8. Includes other cases/outcomes such as cautions, transfers to UK Border Agencies, the offender being circulated as wanted and extraditions.

2.6 Demographics of persons arrested

This section provides more detail on the demographic and other characteristics of persons arrested. It includes data on:

• sex
• age
• ethnic appearance
• nationality

Sex

As in previous years, and similar to other types of crime, the vast majority of those arrested for terrorism-related activity were males (198, 90%). Twenty one of the 219 arrests where sex was known were females (10%).

Age

As in previous years, those aged ‘30 and above’ accounted for the most arrests (98, 45%). The number of arrests for those aged between ‘18 and 20’ decreased from 28 to 25, accounting for 11% of arrests. This compares to 17% of arrests in the year ending 31 December 2022. This was the only age group to decrease in number of arrests between the 2 years.

Arrests for those aged ‘17 and under’ increased from 32 to 42, the highest number of arrests in this age group since records began (11 September 2001). The proportion of those arrested aged ‘17 and under’ remained the same as the previous year (19%).

Ethnic appearance as recorded by the arresting officer

Figures in this section are based on the ethnic appearance of the person being arrested as recorded by the arresting officer.

Since June 2022, the data on those arrested for terrorism-related offences by ethnic appearance use the ONS 18+1 ethnicity codes^{[footnote 6]}.

Following an internal review of these statistics, Home Office analysts have amended the aggregation process, such that individuals with a self-defined ethnicity code of ‘A9 – Any Other Asian Background’ are now grouped under the ‘Asian’ category. Previously, these individuals were included under the ‘Other’ category. This change in reporting affects data for 3 years, the year to September 2021 to the year to September 2023 in Table A.11a) of the published annual statistical data tables. The data tables have been corrected to reflect this change.

In cases where ethnicity is known, arrests for those of white ethnic appearance accounted for 46% of arrests (97 out of 211). Arrests for those of Asian ethnic appearance accounted for 34% of arrests (71 out of 211)^{[footnote 7]}.

Figure 2.7: Proportion of persons arrested for terrorist-related activity by ethnic appearance^1,2, 31 December 2023

Source: CTPHQ Coordination Centre (see annual data table A.11b)

Notes:

1. As recorded by the police at time of arrest.
2. Excludes those whose ethnicity is not known (for instance, ‘Not stated’).

Nationality

Of those arrested in the year ending 31 December 2023, 71% considered themselves to be of British or British dual nationality, down 3 percentage points compared to the year ending 31 December 2022. The proportion increased from 32% in the year ending December 2002 to 80% in the year ending December 2020 and has not fallen below 64% over the last 13 years. Overall, since 11 September 2001 (when the data collection began), 63% of those arrested considered themselves to be of British or British dual nationality.

Table 2.1: Number of persons arrested for terrorist-related activity, since 11 September 2001, by self-defined nationality^1,2
Numbers and percentages, Great Britain

Self-defined nationality	Total since Sep 11 2001	Proportion of all arrests (%)
Great Britain3	3,423	62.9
Algeria	197	3.6
Iraq	186	3.4
Pakistan	179	3.3
Iran	103	1.9
Afghanistan	95	1.7
Turkey	88	1.6
Somalia	84	1.5
Sri Lanka	69	1.3
India	63	1.2

Source: CTPHQ Coordination Centre (see annual data table A.12a)

Notes:

1. The nationalities presented here are those declared by persons at the time of arrest and may differ from their country of origin.
2. Only the first 10 countries, by number of persons arrested for terrorist-related activity, are included in the table.
3. Figures for Great Britain include those with ‘British dual’ nationality.

3. Court proceedings

Main results

• in the year ending 31 December 2023, 65 persons were tried for terrorism-related offences, 7 more than in the year ending 31 December 2022
• of the 65 persons tried for terrorism-related offences, 61 were convicted (94%)
• of the 61 persons convicted of terrorism-related offences, 34 (56%) pleaded guilty and 27 (44%) entered a not-guilty plea

This section presents statistics on prosecutions for terrorism-related offences in England and Wales. It provides data on the number of persons prosecuted and convicted, including information on the legislation under which they were prosecuted. It also provides information on the length and type of sentence that each convicted person received. Data in this section is based on the trial completion date and is not directly comparable to the prosecutions data in section 2, ‘Arrests and outcomes’, which is based on the date of arrest.

Data is provided to the Home Office by the Crown Prosecution Service Counter Terrorism Division (CPS CTD). The data covers terrorism-related court cases that were completed in the 14 years from the year ending December 2010, up to the year ending December 2023.

3.1 Court proceedings

In the year ending 31 December 2023, 65 persons were tried for terrorism-related offences, 7 more than in the year ending 31 December 2022, and a fall of 21 (24% decrease) from the peak of 86 trials in the year ending 31 December 2017 (annual data table A C.01). Conviction rates have remained consistent during this fall, with 90% (77 out of 86) of trials leading to a conviction in the year ending 31 December 2017, and 94% (61 out of 65) of trials in the year ending 31 December 2023. The peak in court proceedings in the year ending December 2017 followed on from the highest volume of terrorism-related arrests in the year ending December 2017.

Of the 65 persons tried for terrorism-related offences, 61 were convicted. Figure 3.1 shows the outcomes for the 65 persons proceeded against.

Figure 3.1: Outcome of terrorism-related trials under TACT and non-TACT legislation, year ending 31 December 2023, England and Wales^1,2,3,4

Source: CPS CTD (see annual data tables C.01 to C.03)

Notes:

1. Based on the principal offence for which the defendant was prosecuted against.
2. TACT offences include offences specifically under terrorism legislation.
3. Non-TACT offences include offences under other legislation.
4. Can include trials ending in a hung jury, or where the prosecution offered no evidence.

3.2 Sentencing

The most common sentence lengths in the year ending 31 December 2023 were of less than 4 years and between 4 years and under 10 years. Both sentence length bands each accounted for 31% of all sentences (19 of 61 convictions). Comparing to the year ending 31 December 2022, this was the same number of convictions with a sentence length of less than 4 years, and an increase from 12 convictions with a sentence of length between 4 years and under 10 years. Of the 19 convictions with a sentence length of less than 4 years in the year ending 31 December 2023, 15 were between 1 and 4 years (25% of total), and 4 were less than a year (7% of total).

There were 8 sentences of 10 years or more (4 of which were life sentences), an increase from 5 in the year ending 31 December 2022. Those given a life sentence accounted for 7% of all those sentenced in the year ending 31 December 2023 (4 sentences). The number of non-custodial sentences increased by 1 in the year ending 31 December 2023 compared to the previous year (14 to 15).

Of the 61 persons convicted of terrorism-related offences, 34 (56%) pleaded guilty and 27 (44%) entered a not-guilty plea. This was a lower proportion compared with the year ending 31 December 2022, where 29 of the 51 persons convicted (57%) entered a guilty plea.

Figure 3.2: Sentence length for persons convicted for terrorism-related offences, year ending 31 December 2023 compared with the year ending 31 December 2022, England and Wales^1,2

Source: CPS CTD (see annual data table C.04)

Notes:

1. Based on the trial completion date.
2. The ‘Other’ category includes hospital orders and non-custodial sentence.

4. Terrorist prisoners

Main results

• as at 31 December 2023, there were 244 persons in custody for terrorism-connected offences in Great Britain
• of those in custody, the majority (65%) were categorised as holding Islamist-extremist views; a further 26% were categorised as holding Extreme right-wing ideologies and 9% were categorised as holding Other ideologies
• of the latest data available (year ending 30 September 2023) a total of 56 prisoners held for terrorism-connected offences were released from custody in Great Britain

Statistics presented in this section give information on the number of persons in custody for terrorism-connected offences in Great Britain. This includes both those that had been convicted and those being held on remand (that is, held in custody until a later date when a trial or sentencing hearing will take place). This section includes breakdowns of their ethnicity, nationality, ideology and religion.

Prior to June 2018, the Home Office published figures on both terrorist prisoners and domestic extremist/separatist prisoners. However, following feedback from data providers at His Majesty’s Prison and Probation Service (HMPPS) and Scottish Prison Service (SPS), it was decided that prisoners categorised as ‘domestic extremist/separatist’ prisoners would be counted within the ‘TACT/TACT-related’ cohort, where the threshold for this is met, such as for offences which the court has determined have a terrorist connection. This was to remove the previous subjectivity around the categorisation of domestic extremist prisoners.

From September 2020 onwards, the Ministry of Justice and Home Office have formally adopted the definition ‘Terrorism-Connected Offender’. This definition replaced the previously used definition ‘Terrorism-Related Offender’ which will no longer be used for the purposes of publishing official statistics for terrorist prisoners. The change in definition between the publication of statistics as at 30 June 2020 and 30 September 2020 caused roughly 10% of prisoners to be removed from the classification at that point. For this reason, figures for September 2020 onwards are not directly comparable with previous years or quarters.

This definition change is in alignment with Part 2 of Schedule 19ZA of the Criminal Justice Act 2003 (as inserted by the Terrorist Offenders (Restriction of Early Release) Act 2020), which concerns those offenders who have not committed terrorist offences (that is, those listed in Part 1 of the Schedule) but who have committed other specified offences which the court has determined have a ‘terrorist connection’. That determination may only be made by the sentencing court in accordance with Part 3 of the Counter-Terrorism Act 2008 and only after consideration of the requirements/matters specified in that Act.

Data was provided to the Home Office by HMPPS and the SPS, giving information about the prison population for the 10 years from 31 December 2014 to 31 December 2023, and also at the end of the 9 quarters to 31 December 2023. Data on the number of prisoners released covers the 9 quarters to 30 September 2023. Prisoner release figures up to 31 December 2023 are not yet available as these will form a subset of the prison releases statistics which will be published by the Ministry of Justice in their Offender management statistics quarterly release in April 2024.

4.1 Persons in custody

As at 31 December 2023, there were 244 persons in custody for terrorism-connected offences in Great Britain.

Of those in custody, 158 (65%) were categorised as holding Islamist-extremist views, 9 more compared to the year ending 31 December 2022. A further 64 (26%) were categorised as holding Extreme right-wing ideologies, 5 more than the year ending 31 December 2022. The remaining 22 prisoners (9%) were categorised as holding beliefs related to other ideologies, 4 more compared to the year ending 31 December 2022.

Figure 4.1: Number of persons in custody for terrorism-connected offences, by ideology, year ending December 2014 to year ending December 2023, Great Britain^1,2

Source: HMPPS and SPS (see annual data table P.01)

Notes:

1. The ‘Other’ category includes any prisoners holding ideologies including Dissident Irish Extremist, Domestic Extremist, Left Wing Extremist, no specific ideology, and not known.
2. Following changes agreed with the prison service, for figures at 30 September 2020 onwards, we have adopted the definition ‘Terrorism-connected offender’ to replace the previously used definition ‘Terrorism-related offender’ for this time-series.

4.2 Persons released from custody

A total of 56 terrorist prisoners were released from custody in Great Britain in the year ending 30 September 2023 for which figures were available^{[footnote 8]}. This figure includes 21 terrorism-connected offenders released between October 2022 and December 2022. There were more releases between January 2023 to March 2023 compared to April 2023 to June 2023, falling from 13 to 10. There were 12 releases in the latest quarter, July 2023 to September 2023.

Of the 56 terrorist prisoners released from custody, 51 (91%) were persons released from custody after serving sentences, many of whom will be subject to meeting certain licence conditions.

Of the 56 released from custody, 21 had received sentences of less than 4 years, and 29 had sentences of 4 years or more. No one was released following an indeterminate sentence for public protection. One person was released who was serving a life sentence, whilst 5 persons had been convicted but not yet been sentenced.

5. Other police powers under the Terrorism Act 2000

Main results

In the year ending 31 December 2023:

• 204 persons were stopped and searched by the Metropolitan Police Service under section 43 of TACT 2000; this was a decrease of 38% compared with a total of 327 in the year ending 31 December 2022, and the lowest number since data collection began
• there were 20 arrests resulting from a section 43 stop and search in the latest year, 17 fewer than the year ending 31 December 2022
• 2,588 persons were subject to the use of Schedule 7 to TACT 2000 in Great Britain; this was an increase of 7% compared with the year ending 31 December 2022 (where there were 2,415 examinations)
• 57% of examinations made under Schedule 7 of TACT 2000 in the United Kingdom resulted in at least one biometric identifier being taken from an individual (1,562 persons out of 2,737 examinations)

This section presents statistics on the use of stop and search powers available to the police under the Terrorism Act 2000 (TACT 2000). It includes data on the number of stop and searches, and resultant arrests, carried out under section 43 of TACT 2000 (by the Metropolitan Police Service (MPS) only) and section 47A of TACT 2000 (by all police forces). It also contains data on the use of powers under Schedule 7 to TACT 2000 in Great Britain. This includes the number of examinations, resultant detentions, strip-searches, the number of times postponement of questioning (usually to enable an individual to consult a solicitor) was refused, and the number of sea and air freight examinations. It also contains data on the number of persons where one or more biometric identifier was taken during an examination or a detention made under Schedule 7 of TACT 2000. For the purposes of this statistical publication, a biometric identifier (taken during an examination under Schedule 7) includes photographs, fingerprints and DNA samples.

Data on section 47a stop and search is provided to the Home Office by police forces, and data on section 43 stop and search is currently provided on a quarterly basis for this release by MPS only. Following a change made to the Police powers and procedures statistical collection, this data is also available for all police force areas and it is published annually. Data on Schedule 7 is provided to the Home Office by the Counter Terrorism Policing Headquarters (CTPHQ). This section includes annual breakdowns for the last 12 years up to the year ending December 2023.

For data on section 43 stop and search numbers, users should also note that there may be some variation in the figures reported for the same financial year and quarter between this statistical release and those in the Police powers and procedures England and Wales statistics due to the differences in the date of extraction of the reports and any updates made to records following each publication. For this release, this means that the statistics presented on the number of stops and searches carried out by MPS under section 43 of TACT 2000 will supersede previous reported figures.

The statistics on the number of persons arrested as a result of stops and searches carried out by the MPS between 1 October 2023 and 31 December 2023 in this release were provided to the Home Office by the MPS on 23 January 2024, and those reported within the Police powers and procedures England and Wales statistics between 1 April 2022 and 31 March 2023 were provided to the Home Office by the MPS on 5 June 2023. The latest statistical release on the Police powers and procedures England and Wales statistics for the year ending 31 March 2023 was published on 26 September 2023 and can be accessed on GOV.UK.

Following the Parsons Green attack, on 15 September 2017, the police used the power of stop and search under section 47a of TACT 2000 (previously section 44) for the first time. This power allows the police to exercise stop and searches when there is reasonable suspicion an act of terrorism will take place, and only when such powers are considered necessary to prevent such an act taking place. This was the first time they had been used in Great Britain since the legislation was formally amended in 2011. Following the attack on Parsons Green, 4 forces authorised the use of these powers: British Transport Police, City of London Police, North Yorkshire Police and West Yorkshire Police. There was a total of 128 stops (126 of which were conducted by BTP) resulting in 4 arrests (all BTP). There have since been no stop and searches under section 47a of TACT 2000.

Further details on the use of section 47a can be found in the code of practice for the exercise of stop and search powers.

5.1 Stop and search under Section 43 of the Terrorism Act 2000

Section 43 of TACT 2000 allows a constable to stop and search a person whom he/she reasonably suspects to be involved in terrorist activity. This section includes data from MPS only and excludes ‘vehicle only’ stops and searches.

In the year ending 31 December 2023, 204 persons were stopped and searched by MPS under section 43 of TACT 2000, the lowest number since data collection began and a decrease of 38% when compared with the 327 in the year ending 31 December 2022. There was a large reduction in the use of section 43 stops between the year ending 31 December 2011 (when the data collection began) and the year ending 31 December 2014, during which time numbers fell 63% (down from 1,052 to 394 stops). There was then a steady increase over the next 3 years, up to a total of 776 stops in the year ending 31 December 2017.

Since June 2022, the data on stops and searches of persons made by the Metropolitan Police under section 43 of the Terrorism Act 2000 by self-defined ethnicity are published using the ONS 16+1 self-defined ethnicity codes^{[footnote 9]}.

In the year ending 31 December 2023, there were 20 arrests resulting from a section 43 stop and search (down by 17), and a 46% decrease from a total of 37 in the year ending 31 December 2022. 10% of stops resulted in arrests, 2 percentage points lower than the year ending 31 December 2022.

Ethnicity was stated in only 61% of stops (125 of 204) in the year ending 31 December 2023, 8 percentage points lower than the year ending 31 December 2022. The number of cases where ethnicity was known was at its highest at 93% in the year ending December 2013 and has declined since. This information relies on the person stopped being willing to define their ethnicity and the officer recording it accurately.

In cases where the ethnicity^{[footnote 10]} was known:

• 37% identified as ‘Asian or Asian British’
• 34% identified as ‘White’
• 17% identified as ‘Chinese or Other’
• 8% identified as ‘Black or Black British’
• 4% identified as ‘Mixed’

Figure 5.1: Stop and searches under section 43 of TACT 2000, MPS

Source: MPS (see annual data table S.01)

Notes:

1. Excludes ‘vehicle only’ searches.

Figure 5.2: Arrest rate following stop and searches under section 43 of TACT 2000, MPS

Source: MPS (see annual data table S.01)

Notes:

1. Excludes ‘vehicle only’ searches.

Details on the overall use of stop and search in England and Wales can be found in the Home Office ‘Police powers and procedures, England and Wales’ statistical release. MPS also publishes monthly reports on the use of stop and search within its force area.

5.2 Schedule 7 to TACT 2000

Under Schedule 7 to TACT 2000, an examining officer has a number of powers, the uses of which are covered in this section. These include:

• examinations of persons and resultant detentions
• strip-searches
• refusals to postpone questioning (usually to enable an individual to consult a solicitor)
• examinations of goods

Data has also been provided on how frequently other powers have been used in Great Britain under Schedule 7 to restrict or qualify a person’s access to a solicitor. As well as ‘refusal to postpone questioning’, which has been published since 2016, this release now also covers use of powers where a person is:

• required to consult a solicitor by phone
• delayed access to a solicitor
• required to consult in sight and hearing of a qualified officer

Data on the number of examinations made under Schedule 7 of TACT 2000 in the United Kingdom and the number of intra-UK examinations has also been collected. An intra-UK examination is when a person has been examined at a UK port either before or after a journey between one UK port and another UK port. This includes journeys between or within England, Wales, Northern Ireland and Scotland.

Moreover, as of the June 2021 publication of this release, data on the number of persons where one or more biometric identifier was taken during an examination made under Schedule 7 of TACT 2000 in the United Kingdom has also been provided.

Examinations and resultant detentions

An examining officer may stop and question individuals entering and leaving the country through ports, airports, international rail stations and the border area. When necessary they may also detain and search individuals. The aim is to determine whether or not that person is or has been concerned with the commission, preparation or instigation of acts of terrorism.

In the year ending 31 December 2023, a total of 2,588 persons were subject to the use of this power in Great Britain. This was an increase of 7% compared with the year ending 31 December 2022 (where there were 2,415 examinations), and a 96% decrease since the data was first collected in the year ending 30 December 2012 (when 60,127 persons were examined under Schedule 7). From 1 January 2012 to 31 December 2023, there has been an average 22% decrease in examinations each year.

There was a large reduction in examinations under Schedule 7 of TACT 2000 between 2019 and 2021 due to the impact of the COVID-19 pandemic on international travel. Passenger numbers at air and sea ports in particular were at unprecedented low levels. There has also been increased public scrutiny of this power in recent years, which may have driven a more targeted approach in its use. This is reflected in the increased rate of detention, with 62% of examinations in Great Britain between 1 October 2023 and 31 December 2023 resulting in a detention (see figure 5.3).

Since June 2022, data on examinations and resultant detentions made under Schedule 7 of the Terrorism Act 2000 by self-defined ethnicity are published using the self-defined ethnicity codes based upon the ONS 16+1 self-defined ethnicity codes with the addition of the ‘O2-Arab’ category^{[footnote 11]}.

Ethnicity was stated in 95% of cases. In cases where the ethnicity^{[footnote 12]} was known:

• 34% identified as ‘Chinese or Other’
• 33% identified as ‘Asian or Asian British’
• 21% identified as ‘White’
• 7% identified as ’Black or Black British’
• 5% identified as ’Mixed’

Figure 5.3: Number of Schedule 7 to TACT 2000 examinations¹ and resultant detentions, 9 quarters to 31 December 2023, Great Britain

Source: CTPHQ (see quarterly data table S.04a)

Notes:

1. Excludes examinations of unaccompanied freight.

In the year ending 31 December 2023, 2,737 examinations were made under Schedule 7 of TACT 2000 in the United Kingdom, a 6% increase compared to the year ending 31 December 2022 when 2,592 examinations were made. Of the 2,737 examinations made in the year ending 31 December 2023, 396 (14%) were Intra-UK examinations, compared to 430 of 2,592 (17%) in the year ending 31 December 2022.

In the year ending 31 December 2023, 57% of examinations made under Schedule 7 of TACT 2000 resulted in at least one biometric identifier being taken from an individual (1,562 persons out of 2,737 examinations).

5.3 Other powers under Schedule 7 to TACT 2000

The following section includes information on several additional powers under Schedule 7 to TACT 2000. This includes:

• strip-searches
• postponement of questioning refusals
• examinations of goods (sea and air freight)

Data on these powers has been collected by the Home Office since April 2015.

In the year ending 31 December 2023:

• 4 strip-searches were carried out under the power
• a total of 959 air freight examinations were carried out (an increase of 120% compared with the year ending 31 December 2022); the volume of air freight examinations is getting closer to that of pre-COVID-19 levels
• 84 sea freight examinations (a decrease of 48% compared with the year ending 31 December 2022) were conducted in Great Britain which remains below pre-COVID-19 levels
• there were no occasions where postponement of questioning (usually to enable an individual to consult a solicitor) was refused

Furthermore, data has been provided on how frequently powers have been used to restrict or qualify a person’s access to a solicitor by: requiring the person to consult a solicitor by phone, delaying access to a solicitor, and requiring the person to consult in sight and hearing of a qualified officer. This data has been collected since April 2019.

In the year ending 31 December 2023, there was 1 instance where an individual was delayed access to a solicitor^{[footnote 13]}.

Details on each power can be found in the user guide.

5.4 Cordons under section 33 of the Terrorism Act 2000

Section 33 of TACT 2000 gives police officers of at least the rank of superintendent the power to authorise the use of a cordon in an area where it is considered expedient to do so for the purposes of a terrorist investigation. A police officer may order persons and drivers to leave cordoned areas and prohibit pedestrian or vehicle access. Cordons are typically set up to investigate a suspected package or to deal with the consequences of a terrorism-related incident. Further information on this power can be found in the user guide.

Prior to the year to December 2020, cordons data was collected on a ‘Year to March.’ basis. Following a recommendation from the Independent Reviewer of Terrorism Legislation, cordons data is now being collected on a calendar year basis. To give the 2020 figures a direct comparison, we have also republished 2019 figures on a calendar year basis.

In the year ending 31 December 2023, there were 3 cordons set up in Great Britain, down from 4 in the year ending 31 December 2022. Both of these periods are significantly below the peak number of cordons in a 12-month period (51 cordons in the year ending March 2018).

Of the 3 cordons set up in 2022, 2 were set up by the Metropolitan Police Force, the same as the year ending 31 December 2022. One was set up by Nottinghamshire Police - the first Cordon set up from this Police force since the year ending 31 March 2011.

Further details on police cordons can be found in annual data table - S.06.

6. Further information

Accompanying user guide and tables

The user guide provides further details on this release, including the strengths and limitations of the datasets, and the quality assurance processes involved in the production of this release. It also includes a summary of the criminal justice process, a glossary of terms used, and detail about the legislation and categories mentioned in this release.

Annex A: Main changes and additions to the bulletin

There have been changes to the aggregation process this publication. Individuals with a self-defined ethnicity code of ‘A9 – Any Other Asian Background’ are now grouped under the ‘Asian’ category. Previously, these individuals were included under the ‘Other’ category. Table A summarises the aggregated ethnicity codes by ethnic group used in Table A.11a in the annual data tables.

Table A: Aggregation of ethnicity codes

Base Category	Aggregated Category
W1 British	White
W2 Irish	White
W3 Gypsy or Irish Traveller	White
W9 Any Other White Background	White
M1 White and Black Caribbean	Other
M2 White and Black African	Other
M3 White and Asian	Other
M9 Any Other Mixed	Other
A1 Indian	Asian
A2 Pakistani	Asian
A3 Bangladeshi	Asian
A4 Chinese	Asian
A9 Any Other Asian Background	Asian
B1 Caribbean	Black
B2 African	Black
B9 Any other Black Background	Black
O2 Arab	Other
O9 Any Other	Other
NS Not Stated	Unknown

Notes:

1. This aggregation is applied to Table A.11a in the annual data tables.

Future releases

The information published in the ‘Operation of police powers under the Terrorism Act 2000’ statistics is kept under review, taking into account the needs of users, and burdens on suppliers and producers, in line with the Code of Practice for Statistics. If you have any comments, suggestions or non-data enquiries, please contact the team via email using: [email protected]. For freedom of information requests please contact: [email protected].

Other related publications

The annual ‘Police powers and procedures’ publication (which has now split into 2 releases) provides information on use of various powers by police in England and Wales including: arrests for notifiable offences, stop and searches under section 1 PACE and associated legislation and searches under section 60 of the Criminal Justice and Public Order Act 1994, police custody, pre-charge bail, breath tests, motoring offences, and detentions under the Mental Health Act 1983.

The annual ‘Individuals referred to and supported through the Prevent programme’ publication contains official statistics in development on the number of individuals recorded as having been referred to and supported through the Prevent programme due to concerns they were vulnerable to a risk of radicalisation.

Northern Ireland Security statistics are published by the Northern Ireland Office at Northern Ireland Terrorism Legislation - Annual Security Statistics 2022.

Feedback and enquiries

We welcome feedback on the statistics release. If you have any feedback or enquiries about this publication, please contact [email protected].

1. Data on stops and searches under section 47a of TACT 2000 is provided by the British Transport Police and Police Scotland. ↩

2. Data on arrests is based on the latest position with each case as at the date of data provision from CTPHQ Coordination Centre (5 February 2024). ↩

3. Due to a change in data recording processes by the data providers, this data is now presented differently compared to previous releases of this publication (see quarterly data tables A.13a to A.13b). Due to updates to the live system where the Schedule 8 data is stored, CTPHQ have noted that there may be slight changes/updates to the numbers provided in previous quarters published tables. ↩

4. Multiple applications may be made for one individual. ↩

5. Data on arrests is based on the latest position with each case as at the date of data provision from CTPHQ Coordination Centre (5 February 2024). ↩

6. As of July 2021, Police Force Areas (PFAs) are collecting data on ethnicity using the 18+1 ethnicity codes 18+1 ethnicity codes. ↩

7. Self-defined ethnicity data in the arrest section is based upon the 18 distinct ethnic categories (plus a ‘Not stated’ category), and is grouped into 5 main categories: Term: White Description: British, Irish, Gypsy or Irish Traveller, Any Other White Background; Term: Mixed Description: White and Black Caribbean, White and Black African, White and Asian, Any Other Mixed; Term: Asian Description: Indian, Pakistani, Bangladeshi, Chinese, Any Other Asian Background; Term: Black Description: Caribbean, African, Any Other Black Background; Term: Other Description: Arab, Any Other. Where ethnicity is known refers to all distinct ethnic categories, with the exception of the ‘Not stated’ category. The ‘Not stated’ category is excluded from the calculation of any figures in this section. ↩

8. Figures as at 31 December 2023 are not yet available from HMPPS as these will be published by MoJ in April 2023. ↩

9. List of ethnic groups, based on the 2001 Census groupings. ↩

10. Self-defined ethnicity data is based upon the 16 distinct ethnic categories (plus a ‘Not stated’ category) used during the 2001 census, and is grouped into 5 main categories: Term: White Description: British, Irish, Other; Term: Mixed Description: White and Black Caribbean, White and Black African, White and Asian, Other Mixed; Term: Asian (or Asian British) Description: Indian, Pakistani, Bangladeshi, Other Asian; Term: Black (or Black British) Description: Caribbean, African, Other Black; Term: Chinese or Other Description: Chinese, Other. Where ethnicity is known refers to all distinct ethnic categories, with the exception of the ‘Not stated’ category. The ‘Not stated’ category is excluded from the calculation of any figures in this section. ↩

11. List of ethnic groups, based on the 2001 Census groupings. ↩

12. Self-defined ethnicity data is based upon the distinct ethnic categories (plus a ‘Not stated’ category) used during the 2001 census, and is grouped into 5 main categories: Term: White Description: British, Irish, Other; Term: Mixed Description: White and Black Caribbean, White and Black African, White and Asian, Other Mixed; Term: Asian (or Asian British) Description: Indian, Pakistani, Bangladeshi, Other Asian; Term: Black (or Black British) Description: Caribbean, African, Other Black; Term: Chinese or Other Description: Chinese, Arab, Other. Where ethnicity is known refers to all distinct ethnic categories, with the exception of the ‘Not stated’ category. The ‘Not stated’ category is excluded from the calculation of any figures in this section. ↩

13. Owing to a review by CTPHQ, figures for the number of individuals with delayed access to a solicitor from specific previous quarters have been amended. These revisions date back to April 2022 and are reflected in these data tables. ↩