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 2022

Updated 30 August 2024

Applies to England, Scotland and Wales

Forthcoming release: Home Office statistics release calendar

Home Office responsible statistician: Jodie Hargreaves

Press enquiries: 0300 123 3535

Public enquiries: [email protected]

Privacy information notice

Main results

There were 166 arrests for terrorism-related activity in the year ending 31 December 2022, 19 fewer than in the year ending 31 December 2021 (a fall of 10%).

At the time of data provision, of the 166 arrests for terrorist-related activity:

• 53 (32%) resulted in a charge, of which 46 were for terrorism-related offences
• 52 (31%) persons were ‘bailed to return’ and released under investigation
• 55 persons (33%) were released without charge
• 6 (4%) faced alternative action, for example, receiving a caution or recalled to prison

1. Introduction

1.1 Time period covered and data sources

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 2022. 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. 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

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 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
• the number of cordons under section 33 of TACT 2000

From the year ending June 2019 publication onwards, data have 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 have 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, and 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 ‘experimental’. Experimental statistics are new official statistics undergoing evaluation. More information about experimental statistics 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 CTPHQ to develop 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, and detail about the legislation and categories referred to in this release.

A flow chart summarising the Arrests and outcomes section of this release can be found in Annex A.

1.2 Future releases

The information published in the quarterly ‘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 enquiries, please contact the team via email using: [email protected].

1.3 National Statistics status

This publication has been assessed by the United Kingdom Statistics Authority and its National Statistics designation was confirmed in May 2016. 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.

2. Arrests and outcomes

Main results

• in the year ending 31 December 2022, there were 166 arrests for terrorist-related activity in Great Britain, 19 fewer than the year ending 31 December 2021 (a fall of 10%)
• at the time of data provision^{[footnote 1]}, 53 arrests resulted in a charge (32%), of which 46 were for terrorism-related offences
• in the year ending 31 December 2022, of the individuals arrested under section 41 of TACT 2000 in Great Britain who were subsequently detained, there were 28 applications for extension of detention granted by a judicial authority under Schedule 8 of TACT 2000 (multiple applications may be made for one individual)
• in the year ending 31 December 2022, of the individuals arrested under section 41 of TACT 2000 in Great Britain who were subsequently detained, there were 33 requests for access to a solicitor, 32 of which were allowed immediately

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.

Prior to the June 2018 publication (covering the period to 31 March 2018), data in this release was restricted to arrests where the offence was considered to be related to terrorism. In response to feedback from stakeholders, Home Office statisticians widened the scope of the data collection to include all arrests with a terrorist element whether the offence was terrorism-related or not. This better reflects policing activity in recent years. Data in this release now contain information on all arrests related to terrorism activity, including a full back series.

Since the December 2019 publication (covering the period to 30 September 2019), postal charge requisitions and summonses have been included as part of the figures on arrests. This decision was taken following engagement with CTPHQ, as the postal charge requisitions and summonses can lead to terrorism-related charges and convictions. See the user guide for more detail.

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 are 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 have not 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 are provided to the Home Office by the CTPHQ Coordination Centre and are 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 December 2022, as well as quarterly trends over the most recent 9 quarters. The data were based on the latest position of each case as at the time of provision to the Home Office (on 18 January 2023).

A flow chart summarising this section is included in Annex A. This follows individuals from the point of arrest through to charge (or other outcome) and prosecution. Data tables A - A.01 to A - A.12c include data on arrests and outcomes. Annual tables, which breakdown the data by rolling years to December, are also provided alongside this release.

2.1 Arrests

In the year ending 31 December 2022, there were 166 arrests for terrorist-related activity in Great Britain, 19 fewer than the year ending 31 December 2021 (a fall of 10%) (Figure 2.1).

Figure 2.1: Arrests for terrorist-related activity, by legislation, years ending 31 December 2002 to 31 December 2022, Great Britain^1,2,3

Source: CTPHQ Coordination Centre (see data table A - 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 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.

Following the easing of restrictions over the 2020 summer months, there were 56 arrests between October to December 2020. During the third national ‘lockdown’ the number of arrests fell, between January to March 2021, down to 39. In the latest 3 quarters (April to June 2022, July to September 2022, and October to December 2022), the number of arrests have decreased (50, 39, 27 respectively).

Figure 2.2: Arrests for terrorist-related activity, by legislation, 9 quarters to 31 December 2022, Great Britain^1,2

Source: CTPHQ Coordination Centre (see data table Q - 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.

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 35 detentions under section 41 of TACT 2000 in the year ending 31 December 2022, up from 32 detentions in the year ending 31 December 2021. Of the 35 detentions in the year ending 31 December 2022, 18 led to a charge (56%).

Further details on the length and outcomes of detentions under section 41 of TACT 2000 can be found in data table A - 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. In the year ending 31 December 2022, of the individuals arrested under section 41 of TACT 2000 in Great Britain who were subsequently detained, there were 28^{[footnote 2]} applications for extension of detention granted by a judicial authority under Schedule 8 of TACT 2000.

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 2022, of the individuals arrested under section 41 of TACT 2000 in Great Britain who were subsequently detained, there were 33 requests for access to a solicitor, 32 of which were allowed immediately.

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 data tables A - A.05a-c.

At the time of data provision^{[footnote 3]}, of the 166 arrests for terrorist-related activity in the year ending 31 December 2022:

• 53 (32%) resulted in a charge, of which 46 were for terrorism-related offences
• 52 (31%) persons were ‘bailed to return’ and released under investigation
• 55 persons (33%) were released without charge
• 6 (4%) faced alternative action, for example receiving a caution or recalled to prison

Given the number of cases still to be finalised in the year ending 31 December 2022, the current charge rate shown in the more recent years/quarters is likely to be lower than final figures which will be published in subsequent releases. Until all cases in a given period are finalised, care should be taken when comparing charge rates over time.

Figure 2.3: Charging outcomes following an arrest for terrorist-related activity, 9 quarters to 31 December 2022, Great Britain^1,2

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

Notes:

1. ‘Alternative action’ includes cautions for non-TACT 2000 offences, detentions under the Mental Health Act, recall to prison etc.
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 were previously unable to be recorded separately and were recorded as ‘released without charge’.

Figure 2.4: Charging outcomes following an arrest for terrorist-related activity, year ending December 2002 to December 2022, Great Britain^1,2

Source: CTPHQ Coordination Centre (see data table A - 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 2.5 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 data tables A - A.08a-c.

Figure 2.5: Outcomes following a charge for a terrorism-related offence, year ending 31 December 2022^1,2,3,4, Great Britain

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

Notes:

1. Based on the time of arrest.
2. A more detailed flow chart can be found in Annex A.
3. Data presented are based on the latest position with each case as at the date of data provision from CTPHQ Coordination Centre (18 January 2023).
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 (153, 92%). Thirteen of the 166 arrests where sex was known were females (8%) in the year ending 31 December 2022, compared to 8 (4%) in the year ending 31 December 2021.

Age

Arrests for those aged 30 and above age fell by 24, 9 percentage points lower than the year ending 31 December 2021. As in previous years, those aged 30 and above accounted for most arrests (72, 43%). The largest increase was in the 17 and under age group which increased from 20 to 32, while arrests for those aged 18 to 20 increased by 11.

Among those who were arrested, 19% were aged 17 and under (up from 11% in the year ending 31 December 2021). While this was the highest proportion seen in an annual period, it was largely a result of falls in arrests of those in older age-groups.

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.

From the June 2022 publication onwards, data on those arrested for terrorism-related offences by self-defined ethnicity will be published using the ONS 18+1 self-defined ethnicity codes^{[footnote 4]}.

Arrests for those of White ethnic appearance accounted for 44% of arrests (73 out of 166). Arrests for those of Asian ethnic appearance accounted for 24% of arrests (40 out of 166)^{[footnote 5]}.

Figure 2.6: Proportion of persons arrested for terrorist-related activity by ethnic appearance^1,2, 31 December 2022

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

Notes:

1. As recorded by the police at time of arrest.
2. Excludes those whose ethnicity is not known.

Nationality

Of those arrested in the year ending 31 December 2022, 74% considered themselves to be of British or British dual nationality, down 5 percentage points compared to the year ending 31 December 2021. The proportion increased from 32% in the year ending December 2002 to 79% in the year ending December 2014 and has not fallen below 66% since. 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).

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	3,267	62.5
Algeria	195	3.7
Iraq	183	3.5
Pakistan	173	3.3
Iran	99	1.9
Afghanistan	94	1.8
Turkey	86	1.6
Somalia	84	1.6
Sri Lanka	68	1.3
India	63	1.2

Source: CTPHQ Coordination Centre (see 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 2022, 58 persons were tried for terrorism-related offences, 4 more than in the year ending 31 December 2021
• of the 58 persons tried for terrorism-related offences, 51 were convicted (88%)
• of the 51 persons convicted of terrorism-related offences, 29 (57%) pleaded guilty and 22 (43%) 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 are based on the trial completion date and are not directly comparable to the prosecutions data in section 2, Arrests and outcomes, which is based on the date of arrest.

Data are provided to the Home Office by the Crown Prosecution Service Counter Terrorism Division (CPS CTD). The data cover terrorism-related court cases that were completed in the 13 years from the year ending December 2010, up to the year ending December 2022.

3.1 Court proceedings

In the year ending 31 December 2022, 58 persons were tried for terrorism-related offences, 4 more than in the year ending 31 December 2021, but a fall of 28 (33%) from the peak of 86 trials in the year ending December 2017 (data table A C.01). This peak in court proceedings in the year ending December 2018 followed on from the highest volume of terrorism-related arrests in that year.

Of the 58 persons tried for terrorism-related offences, 51 were convicted. Figure 3.1 shows the outcomes for the 58 persons proceeded against.

Figure 3.1: Outcome of terrorism-related trials under TACT and non-TACT legislation, year ending 31 December 2022, England and Wales^1,2,3,4

Source: CPS CTD (see data tables A C.01 - A 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 length in the year ending 31 December 2022 was of less than 4 years, which accounted for 37% of sentences (19 of 51 convictions). Of these, 14 sentences were between one and four years (27% of total), and 5 were less than a year (10% of total). There were also 12 sentence lengths between 4 and 10 years, accounting for 24% of sentences.

There were 5 sentences of 10 years or more (2 of which were life sentences), an increase from 2 in the year ending 31 December 2021. Those given a life sentence accounted for 4% of all those sentenced in the year ending 31 December 2022 (2 sentences). The number of non-custodial sentences increased from 11 to 14 in the year ending 31 December 2022.

Of the 51 persons convicted of terrorism-related offences, 29 (57%) pleaded guilty and 22 (43%) entered a not-guilty plea. This was a lower proportion compared with the year ending 31 December 2021, where 37 of the 50 persons convicted (74%) entered a guilty plea.

Figure 3.2: Sentence length for persons convicted for terrorism-related offences, year ending 31 December 2022 compared with the year ending 31 December 2021, England and Wales^1,2

Source: CPS CTD (see data table A 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 2022, there were 226 persons in custody for terrorism-connected offences in Great Britain
• of those in custody, the vast majority (66%) were categorised as holding Islamist-extremist views; a further 26% were categorised as holding extreme right-wing ideologies and 8% were categorised as holding other ideologies
• a total of 27 prisoners held for terrorism-related or terrorism-connected offences were released from custody in Great Britain in the year ending 31 December 2022 for which figures are available (year ending 30 September 2022)

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 (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), 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 were provided to the Home Office by HMPPS and the Scottish Prison Service (SPS), giving information about the prison population for the 10 years from 31 December 2013 to 31 December 2022, and also at the end of the 9 quarters to 31 December 2022. Data on the number of prisoners released cover the 9 quarters to 30 September 2022. Prisoner release figures up to 31 December 2022 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 2023.

4.1 Persons in Custody

As at 31 December 2022, there were 226 persons in custody for terrorism-connected offences in Great Britain.

Of those in custody, 149 (66%) were categorised as holding Islamist-extremist views, 5 fewer compared to the year ending 31 December 2021. A further 59 (26%) were categorised as holding extreme right-wing ideologies, up from 23% and a 3 percentage point increase compared to the year ending 31 December 2021. The remaining 18 prisoners (8%) were categorised as holding beliefs related to other ideologies, 2 percentage points less compared to the year ending 31 December 2021.

Figure 4.1: Number of persons in custody for terrorism-related offences, by ideology, year ending December 2013 to year ending December 2022, Great Britain^1,2

Source: CPS CTD (see data tables A P.01)

Notes:

1. The ‘other’ category includes any prisoners not classified as holding a specific ideology.
2. Following changes agreed with the prison service, for figures at 31 December 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 27 terrorist prisoners were released from custody in Great Britain in the year ending 31 December 2022 for which figures were available (year ending 30 September 2022)^{[footnote 6]}. This figure includes 12 terrorism-connected offenders released between October 2021 and March 2022 and 15 terrorism-connected offenders between April 2022 and September 2022.

Of these, 23 (85%) were persons released from custody after serving sentences, many of whom will be subject to meeting certain licence conditions.

Of the 27 released from custody, 6 had received sentences of less than 4 years, and 17 had sentences of 4 years or more. No one was released following an indeterminate sentence for public protection. Four people 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 2022:

• 327 persons were stopped and searched by the Metropolitan Police Service under section 43 of TACT 2000; this was a decrease of 15% compared with a total of 383 in the year ending 31 December 2021
• there were 37 arrests resulting from a section 43 stop and search, 10 more than the year ending 31 December 2021
• 2,415 persons were subject to the use of Schedule 7 to TACT 2000 in Great Britain; this was a decrease of 3% compared with the year ending 31 December 2021 (where there were 2,495 examinations)
• 50% 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 (1,301 persons out of 2,592 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 are provided to the Home Office by police forces, and data on section 43 stop and search are 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 now available for all police force areas and will be published annually. Data on Schedule 7 are provided to the Home Office by the Counter Terrorism Policing Headquarters (CTPHQ). This section includes annual breakdowns for the last 11 years up to the year ending December 2022.

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 they reasonably suspect to be involved in terrorist activity. This section includes data from MPS only and excludes ‘vehicle only’ stops and searches.

There was a large reduction in the use of section 43 stops between 2011 (when the data collection began) and 2014, during which time numbers fell 63% (down from 1,052 to 394 stops). There was then a general increase in the next 5 years, up to a total of 663 stops in 2019. In the year ending 31 December 2022, 327 persons were stopped and searched by MPS under section 43 of TACT 2000, the lowest number since data collection began and a decrease of 15% when compared with the 383 in the year ending 31 December 2021.

From the June 2022 publication onwards, data on stops and searches of persons made by the Metropolitan Police under section 43 of the Terrorism Act 2000 by self-defined ethnicity will be published using the ONS 16+1 self-defined ethnicity codes^{[footnote 7]}.

In the year ending 31 December 2022, there were 37 arrests resulting from a section 43 stop and search, up 10 and a 37% increase from a total of 27 in the year ending 31 December 2021. 11% of stops resulted in arrests, 4 percentage points more compared to the year ending 31 December 2021.

Ethnicity was only stated in 69% of stops in the year ending 31 December 2022, 4 percentage points higher compared to the year ending 31 December 2021. The number of cases where ethnicity was known was at its highest at 93% in the year ending December 2013 and has steadily 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 8]} was known:

• 30% identified as ‘White’
• 36% identified as ‘Asian or Asian British’
• 18% identified as ‘Black or Black British’
• 14% identified as ‘Chinese or Other’
• 3% identified as ‘Mixed’

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

Source: MPS (see data table A 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 data table A 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 have 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 2022, a total of 2,415 persons were subject to the use of this power in Great Britain. This was a decrease of 3% compared with the year ending 31 December 2021 (where there were 2,495 examinations), and a 96% decrease since the data were first collected in the year ending 31 December 2012 (when 60,127 persons were examined under Schedule 7). Prior to the most recent year there had been average annual falls of 28%.

There was a large reduction in examinations under Schedule 7 of TACT 2000 between 2020 and 2021 due to the impact of the coronavirus (COVID-19) pandemic on international travel. Passenger numbers at air and sea ports in particular were at unprecedented low levels. This is still impacting numbers of examinations now. 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 (see Figure 5.3).

From the June 2022 publication onwards, data on examinations and resultant detentions made under Schedule 7 of the Terrorism Act 2000 by self-defined ethnicity will be published using the ONS 16+1 self-defined ethnicity codes^{[footnote 9]}.

Ethnicity was stated in 90% of cases. In cases where the ethnicity^{[footnote 10]} was known:

• 34% identified as ‘Asian or Asian British’
• 33% identified as ‘Chinese or Other’
• 20% identified as ‘White’
• 8% 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 2022, Great Britain

Source: CTPHQ (see data table Q - S.04)

Notes:

1. Excludes examinations of unaccompanied freight.

In the year ending 31 December 2022, 2,592 examinations were made under Schedule 7 of TACT 2000 in the United Kingdom, 1% lower than the year ending 31 December 2021 when 2,631 examinations were made. Of the 2,592 examinations made in the year ending 31 December 2022, 430 (17%) were Intra-UK examinations, compared to 572 of 2,631 (22%) in the year ending 31 December 2021.

In the year ending 31 December 2022, 50% of examinations made under Schedule 7 of TACT 2000 resulted in at least one biometric identifier being taken from an individual (1,301 persons out of 2,592 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 have been collected by the Home Office since April 2015.

In the year ending 31 December 2022:

• five strip-searches were carried out under the power
• a total of 435 air freight examinations (a fall of 39% compared with the year ending 31 December 2021); the volume of air freight examinations still remains significantly below that of pre-COVID-19 levels
• 160 sea freight examinations (a decrease of 74% compared with the year ending 31 December 2021) were conducted in Great Britain
• there were no occasions where postponement of questioning (usually to enable an individual to consult a solicitor) was refused.

Furthermore, data have 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. These data have been collected since April 2019.

In the year ending 31 December 2022, there were 4 instances where an individual was delayed access to a solicitor.

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 were collected on a ‘Year to March…’ basis. Following a recommendation from the Independent Reviewer of Terrorism Legislation, cordons data are 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 December 2022, there were 4 cordons set up in Great Britain, down from 10 in the year ending December 2021. 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 4 cordons set up in 2022, 2 were set up by the Metropolitan Police Force, 5 fewer than the year ending 31 December 2021. One was set up by Greater Manchester Police, and one by Kent Police - the first Cordon set up from this Police force since records began (Year ending 31 March 2010).

Further details on police cordons can be found in 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.

A flow chart summarising the Arrests and outcomes section of this release can be found in Annex A.

Future Releases

The information published in the quarterly ‘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 enquiries, please contact the team via email using: [email protected].

Other related publications

The annual ‘Police powers and procedures’ publication 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, Best Use of Stop and Search (BUSS) statistics, motoring offences, and detentions under the Mental Health Act 1983.

The annual ‘Individuals referred to and supported through the Prevent programme’ publication contains Experimental Statistics 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 Statistics 2020/21.

Feedback and enquiries

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

1. Data on arrests are based on the latest position with each case as at the date of data provision from CTPHQ Coordination Centre (18 January 2023). ↩

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

3. Data on arrests are based on the latest position with each case as at the date of data provision from CTPHQ Coordination Centre (18 January 2023). ↩

4. As of July 2021, Police Force Areas (PFA’s) are collecting data on ethnicity using the 18+1 ethnicity codes 18+1 ethnicity codes. ↩

5. Self-defined ethnicity data in the arrest section is based upon the 18 distinct ethnic categories (plus a ‘Not stated’ category), and are 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. ↩

6. Figures as at 31 December 2022 are not yet available from HMPPS as these will be published by MoJ in April 2023. ↩

7. List of ethnic groups. ↩

8. Self-defined ethnicity data are based upon the 16 distinct ethnic categories (plus a ‘Not stated’ category) used during the 2001 census, and are 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. ↩

9. List of ethnic groups. ↩

10. Self-defined ethnicity data are based upon the distinct ethnic categories (plus a ‘Not stated’ category) used during the 2001 census, and are 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. ↩