Journalism: Detainees

Question

There is rigorous and independent oversight of Schedule 7 to the Terrorism Act 2000, and strong and specific safeguards are in place to protect journalists.

Schedule 7 is subject to significant independent oversight by the Independent Reviewer of Terrorism Legislation (IRTL), Jonathan Hall KC. The IRTL provides independent oversight, scrutiny, and transparency in the use of counter-terrorism legislation, including Schedule 7, by operational partners.

Any person, irrespective of their profession, can be subject to an examination under Schedule 7 if the statutory conditions set out in the primary legislation are met. The code of practice governing the use of Schedule 7 powers by counter-terrorism police is clear that the decision to select a person for examination must not be arbitrary. An individual subject to the power cannot be detained for more than six hours.

Schedule 7 also includes additional safeguards to protect journalists who have been selected for a Schedule 7 examination. For example, to ensure Article 10 ECHR compliance, the code of practice provides that protected material, including confidential journalistic material, cannot be examined by counter-terrorism police officers.