10 Searches under Schedule 5 to the Terrorism Prevention and Investigation Measures Act 2011 and Schedule 11 to the National Security Act 2023.
10.1 This Code applies to the powers of constables under Schedule 5 to the Terrorism Prevention and Investigation Measures Act 2011 and Schedule 11 to the National Security Act 2023 relating to TPIM and State Threats Prevention and Investigation Measures (STPIM) notices, to enter and search premises, subject to the modifications in the following paragraphs.
10.2 In paragraph 2.3(d), the reference to the investigation into an alleged or suspected offence include the enforcement of TPIM and STPIM measures which may be imposed on an individual by a TPIM or STPIM notice in accordance with the Terrorism Prevention and Investigation Measures Act 2011 or the National Security Act 2023.
10.3 References to the purpose and object of the entry and search of premises, the nature of articles sought and what may be seized and retained include (as appropriate):
(a) in relation to the power to search without a search warrant in paragraph 5 (for purposes of serving a TPIM or STPIM notice), finding the individual on whom the notice is to be served.
(b) in relation to the power to search without a search warrant in paragraph 6 (at time of serving TPIM or STPIM notice), ascertaining whether there is anything in the premises, that contravenes measures specified in the notice. (See Note 10A.)
(c) in relation to the power to search without a search warrant under paragraph 7 (suspected absconding), ascertaining whether a person has absconded or if there is anything on the premises which will assist in the pursuit or arrest of an individual in respect of whom a TPIM or STPIM notice is force who is reasonably suspected of having absconded.
(d) in relation to the power to search under a search warrant issued under paragraph 8 (for compliance purposes), determining whether an individual in respect of whom a TPIM or STPIM notice is in force is complying with measures specified in the notice. (See Note 10A.)
Note for guidance
10A Searches of individuals under paragraphs 6(2)(a) (at time of serving a notice) and 8(2)(a) (for compliance purposes) of Schedule 5 to the Terrorism Prevention and Investigation Measures Act 2011 or Schedule 11 to the National Security Act 2023, must be conducted and recorded in accordance with Code A. See Code A paragraph 2.18A for details.