Bail: Terrorism

(asked on 15th March 2022) - View Source

Question to the Home Office:

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


Answered by
Baroness Williams of Trafford Portrait
Baroness Williams of Trafford
Captain of the Honourable Corps of Gentlemen-at-Arms (HM Household) (Chief Whip, House of Lords)
This question was answered on 29th 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.

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