BJP's investigates the use of Section 44 across the UK. After filling 46 Freedom of Information Act requests, the results are in, and the picture is bleak. Virtually everywhere, photographers could be stopped under the powers granted by the Terrorism Act. Find out if you can be targeted in your county:
Avon & Somerset Constabulary
Partial answer
‘Avon and Somerset Constabulary have not conducted any S44 stop searches in the 2008/09 financial year.’ However, the police forces declined to confirm whether S44 powers had been requested citing that disclosing ‘how many people were subject to a stop and search under the Terrorism Act since April 2009 could cause undue distress/anxiety within the community.’
2006/2007 – 9 searches
2007/2008 – no records
Bedfordshire Police
Declined to provide requested information
‘S44 authorisations are an important part of the investigative process and to have information released at the wrong juncture may impede the process by alerting a suspect to our interest and thus allowing them greater opportunity to evade,’ the Bedfordshire Police said in justifying its refusal to provide the information requested.
2006/2007 – 6 searches / 1 arrest
2007/2008 – 68 searches / 5 arrests
British Transport Police
Partial answer – Has used S44
‘During the course of the last 12 months, British Transport Police has made use of powers under Section 44 Terrorism Act 2000 as part of the force’s work to protect public and the railway network from terrorist attack,’ says the BTP. ‘During this period, there has always been an authority in force under Section 44 covering all or part of the railway network.’ However, the British Transport Police declined to be more precise, citing national security concerns.
Cambridgeshire Constabulary
Declined to provide requested information
Cambridge’s Chief Constable declined to provide the information requested arguing that BJP could be a terrorist organisation. ‘By careful placing of information requests, planners of future attacks could use intelligence gained to divert attention away from the intended target, or indeed towards a particular area to gain maximum effect.’ It added: ‘If a terrorist is able to control when and where a S44 authority is engaged and the information published; members of the public may be “herded” into another area by this: this may be the site of the intended attack or secondary device.’
2006/2007 – no records
2007/2008 – 10 searches / 5 arrests for terrorism
Cheshire Constabulary
Declined to provide requested information
‘When balancing the public interest test we have to consider whether the information should be released into the public domain. Arguments need to be weighed against each other. The most persuasive reason for disclosure is Public Awareness and Debate, which needs to be compared to the reason to withhold the information at this time, which in this particular case is Public Safety, namely, the potential harm that could be caused by revealing information that may benefit a terrorist.’
2006/2007 – 6 searches
2007/2008 – 67 searches
City of London Police
Answered positively
In a succinct answer, the City of London Police wrote: ‘I can confirm that an authorisation under section 44 of the terrorism act 2000 is in force for the City of London Police area. It is also common knowledge that the City of London and Greater London are under constant S44 authorisation.
2006/2007 – 7056 searches / 65 arrests
2007/2008 – 2691 searches / 43 arrests
Cleveland Police
Did not answer
While Cleveland Police’s Chief Constable failed to answer BJP’s Freedom of Information Act request, there have been several reports of photographers being stopped and searched under S44 of the Terrorism Act 2000.
2006/2007 – 5 searches
2007/2008 – 23 searches
Cumbria Constabulary
Declined to provide requested information
‘The release of information about when and where within Cumbria an authorisation under Section 44 of the Terrorism Act 2000 was granted would enable a national map to be drawn up indicating those geographical areas where an individual engaged in terrorist activity would be less likely to be stopped by the police… This would result in an increased risk to the safety of members of the public and those persons engaged in law enforcement activities.’
2006/2007 – no records
2007/2008 – 91 searches / 4 arrests
Derbyshire Constabulary
Answered Positively
Derbyshire’s Chief Constable confirmed that S44 powers were requested only once in the past five years. The request took place in 2007 ‘for the whole of the county of Derbyshire. S44 powers have not been requested since, meaning that photographers cannot be stopped under these powers in the county.
2006/2007 – 0
2007/2008 – 0
Devon & Cornwall Constabulary
Answered Positively
There has been no request for Section 44 powers in the current year in Devon & Cornwall. ‘The Constabulary’s Special Branch has confirmed that in the 2008/9 financial year (April 2008 – March 2009), no requests for authorisations under that legislation were made. However, in its full answer, the information officer goes on to say that for matters of national security it would not release the information requested, although it already had.
2006/2007 – 2 searches
2007/2008 – 1 search
Dorset Police
Answered Positively
‘Dorset Police has “no information held” regarding Section 44 authorities between April 2008 and April 2009, i.e. there was no such authority in effect within Dorset for this period.’ Dorset Police went on to decline to provide information regarding the period after April 2009 because of exemptions under Section 24(2) – National Security; Section 31(3) – Law Enforcement and Section 38(2) – Health and Safety of the Freedom of Information Act.
2006/2007 – no records
2007/2008 – 94 searches / 6 arrests
Durham Constabulary
Declined to provide requested information
‘If information which is either connected with operational/emergency planning or tactics was released into the public domain, substantial harm would be caused to all individuals involved… The release of the requested information has the potential to damage public and employee safety and compromise la enforcement particularly in the current terrorist climate.’
2006/2007 – 5 searches
2007/2008 – 17 searches / 1 arrest
Dyfed-Powys Police
Did not answer
2006/2007 – 2 searches
2007/2008 – 9 searches / 1 arrest for terrorism
Essex Police
Declined to provide requested information
‘Whilst there is a public interest in the transparency of policing operations and in this case providing assurance that the police service are appropriately and effectively engaging with the threat posed by terrorist attack, there is a very strong public interest in safeguarding both national security and the integrity of police investigations and operations in the highly sensitive area of terrorism prevention.’
2006/2007 – 3081 searches / 21 arrests
2007/2008 – 1726 searches / 7 arrests
Gloucestershire Constabulary
Answered Positively
‘Under the Freedom of Information Act 2000, I can confirm that the Gloucestershire Constabulary holds some relevant information. In the year 08/09, there have been seven section 44 stop searches.’ However, the Chief Constable declined to provide information about stop and searches beyond April 2009 for reasons of national security.
2006/2007 – 30 searches
2007/2008 – 77 searches
Greater Manchester Police
Declined to provide requested information
‘To disclose exactly where the use of S44 under the Terrorism Act has been granted, could cause undue distress/anxiety to an individual and may lead to unrest within the community. It may also add to the risk of those living, working or moving through the areas that have not been covered, as they are seen by the terrorist as safer areas to operate in.’
2006/2007 – no records
2007/2008 – 185 searches / 1 arrest for terrorism
Gwent Police / Heddlu Gwent
Declined to provide requested information
‘As much as there is public interest in knowing that policing activity is appropriate and balanced in matters of National Security this will only be overridden in exceptional circumstances. It is our opinion that for these issues the balancing test for disclosure is not made out.’
2006/2007 – 8 searches
2007/2008 – 10 searches
Hampshire Constabulary
Answered Positively
Section 44 powers were requested on 103 occasions. ‘Prior to April 2009, Hampshire Constabulary has applied to the Home Office on 103 occasions for S44 authorities. From 1 April 2009 to the date of your request, Hampshire Constabulary did not apply for any such authorisations.’ If the 103 demands were consecutives, that would mean Hampshire Constabulary has been requesting the special powers since it went into force in February 2001.
2006/2007 – 7094 searches / 66 arrests
2007/2008 – 3481 searches / 36 arrests
Hertfordshire Constabulary
Declined to provide requested information
‘The protection of public safety is of paramount importance to the Police Service and inappropriate release of information which would limit the effect of these powers as a counter terrorism measure could result in the compromise of public safety.’
2006/2007 – 23 searches
2007/2008 – 47 searches
Humberside Police
Declined to provide requested information
‘To disclose the number of authorisations below force wide level to a Basic Command Unit would enable a national “map” to be drawn up indicating those geographical areas where an individual engaged in terrorist activity would be less likely to be stopped by the police and potentially carry out a terrorist act.’
2006/2007 – no records
2007/2008 – 2 searches
Kent Police
Did not answer
2006/2007 – 59 searches / 6 arrests
2007/2008 – 66 searches / 3 arrests
Lancashire Constabulary
Declined to provide requested information
‘The disclosure of a list of where such searches are likely to take place would alert individuals who are engaged in terrorist activities of the areas they are more likely to be detected. Therefore, this would result in such individuals moving into those areas where they are less likely to be detected.’
2006/2007 – no records
2007/2008 – 510 searches
Leicestershire Constabulary
Answered Positively
‘No information held,’ is the Leicestershire’s Chief Constable concise answer, which could mean that Leicestershire Constabulary has never asked for S44 powers under the Terrorism Act 2000. However, it reported to the Home Office several stop searches using these powers.
2006/2007 – 28 searches / 1 arrest
2007/2008 – 9 searches
Lincolnshire Police
Declined to provide requested information
Contrary to other constabularies would declined to provide the information requested, the Lincolnshire Police did not think a public interest test was needed. ‘The exemption(s) applicable to the information are Section 23 – Information supplied by, or concerning, certain security bodies – this is an absolute class-based exemption and a public interest test is not required.’
2006/2007 – 6 searches
2007/2008 – 4 searches
Merseyside Police
Declined to provide requested information
‘I can confirm that the information that you requested is held by Merseyside Police,’ the answer starts with. However, that information is exempt from the Freedom of Information Act according to Sections 21, 22, 23, 31 and 38.
2006/2007 – no records
2007/2008 – 664 searches / 20 arrests
Metropolitan Police Service
Answered Positively
While the Metropolitan Police declined to provide the information requested, the reason invoked was that the information was already available in public records. In this case, the Metropolitan Police confirmed that S44 powers had been requested every 28 days since the Terrorism Act 2000 was enacted in February 2001. As a consequence, photographers can be stopped and searched under S44 powers at any time in the Greater London area.
2006/2007 – 27,516 searches / 327 arrests
2007/2008 – 108,012 searches / 65 arrests for terrorism / 1011 arrests
Norfolk Constabulary
Declined to provide requested information
‘I can confirm that Norfolk Constabulary do hold information about the granting of authorisations under Section 44 of the Terrorism Act 2000,’ however, public safety justifies non-disclosure of the information, said Norfolk Constabulary.
2006/2007 – 4 searches / 1 arrest
2007/2008 – 6 searches
Northamptonshire Police
Partial Answer – Has used S44
The Northamptonshire Police also confirmed that it held the information requested. ‘In respect of the number of authorities granted, Northamptonshire Police had one such authority granted prior to April 2009, this was in the financial year 2007/2008,’ presumably following the failed attacks on London and Glasgow. It declined to provide information for the period since 01 April 2009.
2006/2007 – 196 searches
2007/2008 – no records
Northumbria Police
Declined to provide requested information
‘Information and intelligence gathered by third parties, for example other government bodies, may be compromised by the release of this information. Other intelligence organisations may be gathering intelligence at the time that this information is released and have their operation revealed or its effectiveness reduced.’
2006/2007 – 6 searches
2007/2008 – 24 searches / 1 arrest
North Wales Police
Declined to provide requested information
‘Disclosure of the information may enable individuals or terrorists organisations to identify “safe” places in which to operate and plan attacks. The effectiveness of current and future strategies to combat terrorist activity may be compromised.’
2006/2007 – 34 searches / 3 arrests
2007/2008 – 158 searches
North Yorkshire Police
Declined to provide requested information
‘I can confirm the information is held… I am not obliged to supply the information you have requested.’ It continued: ‘Whilst there is a public interest in the transparency of policing operations and providing assurance that the plice service is appropriately and effectively engaging with the threat posed by terrorist attack, there is a very strong public interest in safeguarding both national security and the integrity of police operations in the highly sensitive area of terrorism prevention.’
2006/2007 – 224 searches
2007/2008 – 216 searches / 1 arrest
Notthinghamshire Police
Did not answer
2006/2007 – 4 searches
2007/2008 – no records
Police Service of Northern Ireland
Declined to provide requested information
‘Police Service of Northern Ireland’s ability to protect the physical and mental health and safety of its workforce and the community would be affected if this information were to be released,’ the information officer wrote.
Scottish Police
Declined to provide requested information
‘I consider the information sought to be exempt from disclosure as its release would impact on the safeguarding of national security… It would not be in the public interest to release information which could lead to the health and safety of an individual and national security being put at risk.’
South Wales Police
Declined to provide requested information
‘Section 44 authorisations are a crucial aspect of the investigation process and the release of information pertaining to Section 44 authorisations may impede law enforcement by alerting a suspect to our interest and in turn providing an advantage and opportunity to evade.’
2006/2007 – 2371 searches / 12 arrests
2007/2008 – 3183 searches / 11 arrests
South Yorkshire Police
Partial Answer – Has used S44
While the South Yorkshire Chief Constable declined to list the areas where S44 is enforced on grounds of national security, he has confirmed that he asked for such authority in the past. Furthermore, South Yorkshire Police confirm that stop searches were made in 2006, 2007, 2008 and 2009, leading us to believe that S44 powers are permanently being requested in the county.
2006/2007 – 1 search
2007/2008 – 61 searches / 1 arrest for terrorism
Staffordshire Police
Declined to provide requested information
‘Release of this information would have an undesirable effect on national security due to the potential threat to safety or the well being of the nation due to risks from geographical mapping of terrorism related security procedures.’
2006/2007 – no records
2007/2008 – no records
Suffolk Constabulary
Declined to provide requested information
‘If disclosed, there could be the likelihood that the future law enforcement role of the Constabulary would be compromised and the safety of individuals and the public put at risk, should we provide details that specifically show the resource of the unit.’
2006/2007 – 2 searches / 2 arrests
2007/2008 – 2 searches
Surrey Police
Declined to provide requested information
‘The police service will never disclose information which would directly assist actual or potential offenders to commit criminal acts, thus materially damaging the legitimate needs of law enforcement and placing the public at extra risk. As recent court cases clearly evidence, terrorists engage in detailed planning as part of their activities. As part of this planning they, for example, trawl websites for useful data. Disclosure of when and where Section 44 authorisations were in place in a particular force, in this case Surrey, would clearly enable a national ‘map’ to be drawn up indicating those geographical areas where an individual would be more or less likely to be stopped by police using these powers. This is particularly the case in areas other than London where it is already publicly acknowledged that such authority currently applies across the capital and where geographical analysis is therefore less relevant.’
2006/2007 – 1552 searches / 27 arrests
2007/2008 – 2559 searches / 40 arrests
Sussex Police
Partial Answer – Has used S44
Citing national security concerns, Sussex Police declined to disclose whether Section 44 was requested in the county. However, in a previous Freedom of Information Act request (Reference FOI 700/08), the same constabulary published a list of the number of stop searches done using Section 44 powers. In total, over the past six years, Sussex Police has stopped and searched 3581 persons and 895 cars. It is reasonable to assume that Section 44 powers are available to Sussex Police officers.
2006/2007 – no records
2007/2008 – no records
Thames Valley Police
Declined to provide requested information
‘Any information identifying the focus of anti-terror policing activity could be used to the advantage of terrorists or criminal organisations. Information that undermines the operational integrity of these activities will adversely affect public safety and have a negative impact on both National Security and law enforcement.’
2006/2007 – 260 searches / 13 arrests
2007/2008 – 244 searches / 8 arrests
Warwickshire Police
Answered Positively
Warwickshire Police were one of the only police forces to be completely opened about its use of Section 44 powers. In 2006, 2008 and 2009, Warwickshire Police never asked for these stop searches powers. In 2007, a single authorisation was requested ‘in July, covering the entire force area immediately following the attacks in London and Glasgow.’
2006/2007 – 19 searches
2007/2008 – 2 searches
West Mercia Constabulary
Declined to provide requested information
‘In the current climate within the UK, no information which may aid a terrorist should be provided. Hindsight is a wonderful gift that we are not in possession of at this time. To what extent this information will actually aid a terrorist is unknown but discretion is our most effective tool.’
2006/2007 – 9 searches
2007/2008 – 5 searches
West Midlands Police
Declined to provide requested information
‘We can confirm that some relevant information is held by West Midlands Police. However, I am afraid that I am not required by statute to release the information requested.’
2006/2007 – no records
2007/2008 – 347 searches
West Yorkshire Police
Declined to provide requested information
‘West Yorkshire Police is committed to accountability and transparency in its decision making. On this occasion, disclosure of the information would in effect assist those involved in criminal activity and entail a compromise of the Police services’ ability to maintain law and order and public safety that is of paramount importance.’
2006/2007 – 437 searches / 18 arrests
2007/2008 – 16 searches
Wiltshire Constabulary
Declined to provide requested information
‘S44 authorisations are an important part of the investigative process and to have information released at the wrong juncture may impede the process by alerting a suspect to our interest and thus allowing them greater opportunity to evade.’
2006/2007 – 2 searches
2007/2008 – no records
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