Liberty's Second Reading Briefing on the Counter-Terrorism & Security Bill in the House of Commons

Powers to seize travel documents
3. Clause 1, Schedule 1 makes provision for the seizure and temporary retention of
passports and travel tickets. Under paragraph 2, a police officer at a port in Great Britain or
Northern Ireland would have the power to require a person to hand over travel documents; to
search a person for travel documents; to inspect any travel document handed over or found;
and, to retain travel documents. 1 This power would be exercisable if the officer has
reasonable grounds to suspect that the person is there with the intention of leaving GB/UK
for the purpose of involvement in terrorism-related activity outside the UK, or if the person
has arrived in GB/NI with the intention of leaving the UK soon for that same purpose. 2 A
police officer would also be able to direct a customs or immigration officer to exercise those
powers. 3 The police officer must then either ensure that the documents are returned or seek
authorisation from a senior police officer to retain the documents. 4 Authorisation need not
be in writing and may be granted if there are reasonable grounds for the suspicion that the
individual is leaving or soon will leave the UK for involvement in terrorism-related activity. 5
4. If an authorisation is granted, the police officer would be able to retain the documents
for 14 days while consideration is given to further action. 6 After 72 hours of retention, a
review of whether the authorisation was flawed would take place. The outcome of this review
would be passed to the Chief Constable of the officer who requested the authorisation, who
is entitled to take “whatever action seems appropriate”. 7 At the end of 14 days, the
documents may be further retained on application to a Magistrates Court, where an
extension may be granted to take the total retention period up to thirty days. 8 The judge
must grant an extension if satisfied that those involved in deciding on further action have
been acting diligently and expeditiously. 9 The person concerned may make oral or written
representations to the court and may be legally represented at the hearing, 10 however the
judge may exclude the person or their representative from any part of the hearing and on
application from the senior police officer concerned order that information is withheld from
the individual and their representative. 11
1 Schedule 1, paragraph 2(5)
2 Schedule 1, paragraph 2(1) and 2(2)
3 Schedule 1, paragraph 2(3)
4 Schedule 1, paragraph 4(1)
5 Schedule 1, paragraph 4(7)
6 Schedule 1, paragraph 5(1).
7 Schedule 1, paragraph 6(4)
8 Schedule 1, paragraph 8(1)
9 Schedule 1, paragraph 8(4)
10 Schedule 1, paragraph 9(1)
11 Schedule 1, paragraph 10(2)