SUSPICION-LESS MINDS: ANTI-TERRORISM POWERS AT PORTS AND BORDERS

Extract

THE Supreme Court's decision in Beghal v DPP [2015] UKSC 49; [2015] 3 W.L.R. 344 is a prime example of the balance that must be struck between the rights of the individual and the need to prevent terrorism. In this case, the majority placed their emphasis on the latter. Strong criticisms were made, however, of the relevant legislation. Schedule 7 to the Terrorism Act 2000 empowers “examining officers” (constables, immigration officers and customs officers) to stop, question, search, and detain persons at ports or borders. The powers apply whether or not the examining officer has grounds to suspect that person of being a terrorist (para. 2(4)). It is an offence to fail wilfully to comply with an examining officer's request (para. 18).