ABSTRACT

The Prevention of Terrorism (Additional Powers) Act 1996 has inserted a number of additional police powers of stop and search under the Prevention of Terrorism (Temporary Provisions) Act 1989, in addition to those discussed under ss 13A and 13B above. Section 3(1) of the 1996 Act has inserted a new para 4A into the 1989 Act, which enables the police (and others) to search unaccompanied goods in order to determine whether they are or have been involved in the commission, preparation or instigation of terrorist acts. Under these provisions, a police officer, immigration officer or customs and excise officer (classed as an ‘examining officer’ under the Act) may search any goods, such as baggage or stores, for instance, which have arrived in or are about to leave England, Scotland, Wales or Northern Ireland on any ship, aircraft or vehicle, and an examining officer may board any ship, aircraft or vehicle in pursuance of this power. Interestingly, an examining officer may delegate these powers to another person who is not a police, immigration or customs and excise officer, and all such persons may use reasonable force if necessary for such a purpose. These delegated search powers may be vested in ordinary citizens, including persons from the private security industry, although the bodies which appear to have been the main focus of this power include persons employed within organisations such as the Dover Harbour Board Police.24