Arrest of a suspected terrorist

s.41Terrorism Act 2000

A constable may arrest without warrant anyone they reasonably suspect to be a terrorist, and the person can then be held for up to 48 hours, or up to 14 days with a court warrant.

Arrest of a suspected terrorist · Terrorism Act 2000, s.41Card 19 / 59

When you can use it

The officer is a constable (the power can be used anywhere in the UK, s.41(9))
The constable reasonably suspects the person to be a terrorist
Terrorist (s.40(1))Has committed a listed offence, or is or has been concerned in the commission, preparation or instigation of acts of terrorism
No specific offence needs to be identified, and there is no PACE s.24(5) necessity test

What it allows

Arrest without warrant of a person reasonably suspected to be a terrorist.
Detention without charge for up to 48 hours from arrest (s.41(3)), or from the start of any earlier detention under PACE s.24, Sch.7 or another listed power.
Longer detention only by a warrant of further detention from a designated District Judge (Magistrates’ Courts), to a maximum of 14 days from arrest (Sch.8 paras 29 and 36).
Search of the arrested person for evidence that they are a terrorist, and seizure of it (s.43(2) and (4)).

Key definitions

Terrorist – s.40(1): a person who has committed an offence under ss.11, 12, 15–18, 54 or 56–63, or who is or has been concerned in the commission, preparation or instigation of acts of terrorism.
Terrorism – s.1: the use or threat of serious action to influence a government or intimidate the public, for a political, religious, racial or ideological cause.

Safeguards

Take the person as soon as reasonably practicable to the most appropriate police station (Sch.8 para 1(4)).
PACE Code H, not Code C, governs detention, treatment and questioning (Code H para 1.1).
They may have one person told and may consult a solicitor (paras 6 and 7). A superintendent may delay either on listed grounds, but both must be allowed within the 48 hours (para 8). A superintendent can also require a different solicitor of their choice (para 9).
Reviews – the first as soon as reasonably practicable, then at least every 12 hours, by an officer not involved in the case. Inspector or above in the first 24 hours, superintendent or above after that (paras 21 and 24). Reviews stop once a warrant is issued.
The warrant application is made by a Crown Prosecutor or a superintendent or above, within the 48 hours or no more than 6 hours after (paras 29 and 30).

Good to know

Exam trap: the PACE 24, 36 and 96-hour limits do not apply.
Release at once if the warrant’s grounds stop applying (para 37).
28 days needs a temporary emergency order, made only while Parliament is dissolved or not yet opened (Sch.8 para 38).
s.43(1) is the matching stop and search power.

Legislation: Terrorism Act 2000, s.41 (opens legislation.gov.uk in a new tab)
Who can use it: A constable
Last checked: 3 November 2026, against the current law on legislation.gov.uk

Arrest of a suspected terrorist: questions people ask

When can the police use arrest of a suspected terrorist?

1. The officer is a constable (the power can be used anywhere in the UK, s.41(9)) 2. The constable reasonably suspects the person to be a terrorist 3. Has committed a listed offence, or is or has been concerned in the commission, preparation or instigation of acts of terrorism 4. No specific offence needs to be identified, and there is no PACE s.24(5) necessity test

Who can use arrest of a suspected terrorist?

A constable.

What law gives the power for arrest of a suspected terrorist?

Terrorism Act 2000, s.41.

More powers of arrest

All powers of arrest