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Bail: Terrorism

Question for Home Office

UIN HL6970, tabled on 15 March 2022

To ask Her Majesty's Government what is their position on the granting of pre-charge bail to terror suspects.

Answered on

29 March 2022

Individuals suspected of terrorism-related offences can be arrested under the Police and Criminal Evidence Act 1984 (PACE) or the Terrorism Act 2000 (TACT). Those arrested under TACT cannot be released on police bail, while those arrested under PACE must be bailed once the grounds for detention no longer apply.

In the year to December 2021, of the 186 people arrested in Great Britain for terrorism-related activity, 32 people (17%) were arrested under section 41 TACT 2000 while 154 people (83%) were arrested under other legislation including PACE 1984.

The Government considers that the current legislative framework provides an important flexibility, allowing the police to make an operational judgement on the circumstances of each case, and allowing them to decide whether or not to arrest under PACE or TACT.

Answered by

Home Office