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Blackstone's Counter-Terrorism Handbook

Blackstone's Counter-Terrorism Handbook

Christiane Rabenstein, Marnie Ratcliffe, and Clive Walker
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date: 04 October 2023

Chapter 9 p. 237Arrest and Detentionlocked

Chapter 9 p. 237Arrest and Detentionlocked

  • Christiane Rabenstein
  •  and Marnie Ratcliffe


This chapter examines specific provisions for the arrest and detention of terrorist suspects, which exist to ensure the particular risks associated with those persons can be dealt with appropriately. It highlights Section 41 of and Schedule 8 to the Terrorism Act 2000 (TACT) which contains provisions for the arrest and detention of suspected terrorists. It also cites the Police and Criminal Evidence (PACE) Act 1984 Code of Practice H that covers the detention, treatment, and questioning by police officers of persons arrested under section 41 of TACT. The chapter explains that Section 41 of TACT creates a power to arrest those suspected to be terrorists, eliminating the need to satisfy the usual necessity test, although a police officer must have reasonable suspicion that the person is a terrorist. It emphasizes that a constable may arrest without a warrant a person whom he reasonably suspects to be a terrorist.

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