The powers library07 of 59 Stop and search

Terrorism stop and search (reasonable suspicion)

ss.43–43ATerrorism Act 2000

Lets a constable stop and search a person reasonably suspected of being a terrorist, or a vehicle reasonably suspected of being used for terrorism, for evidence of that.

Terrorism stop and search (reasonable suspicion) · Terrorism Act 2000, ss.43–43ACard 07 / 59

When you can use it

s.43(1)The constable reasonably suspects the person is a terrorist
Purpose – to find anything in their possession that may be evidence they are a terrorist
s.43(2)A person arrested under s.41 may be searched for the same purpose, with no further suspicion needed
s.43(4A)–(4B)If a vehicle is stopped to stop that person, the vehicle and anything in or on it may be searched for the same evidence
s.43A(1)The constable reasonably suspects a vehicle is being used for the purposes of terrorism
s.43A(2)Purpose – to find anything that may be evidence the vehicle is being used for terrorism
Suspicion must have an objective basis in facts, information or intelligence, not appearance or stereotypes
To stop a vehicle, the constable must be in uniform (PACE s.2(9)(b))

What it allows

s.43 – stop and search the suspect. If a vehicle is stopped for this, search it and its contents too, but not its passengers (s.43(4C)).
s.43A – stop and search the vehicle, driver, passengers and anything in, on or carried by them, including unattended vehicles.
Seize and retain anything found that the constable reasonably suspects may be evidence that the person is a terrorist (s.43(4), (4B)) or that the vehicle is being used for terrorism (s.43A(3)).
In public, only an outer coat, jacket or gloves can be removed (PACE s.2(9)(a)). Headgear and footwear cannot, unlike under s.47A (code para 3.2.7).

Key definitions

Terrorist – s.40: a person who has committed one of the listed offences (such as s.11 membership, s.12 support or ss.15–18 terrorist property), 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 (such as serious violence or damage) designed to influence the government (or an international governmental organisation) or intimidate the public, for a political, religious, racial or ideological cause.
Driver – s.43A(5): includes the captain, pilot or crew of an aircraft, vessel or hovercraft, and train crew.

Safeguards

Follow the Home Office Terrorism Act stop and search code (2022, issued under s.47AB), not PACE Code A.
Before searching, give your number, station, the power, the object and grounds, and say they can ask for a copy of the record within 3 months (code para 5.2.1).
Make a record at the time unless wholly impracticable (para 5.3.1). Leave a notice in an unattended vehicle you have searched (para 5.4.7).
Detain only as long as needed, at or near the stop. A more thorough search must be out of public view, by a same-sex officer. No intimate searches (code paras 3.2.8, 3.3.5).

Good to know

Failing to stop a vehicle when required under s.43 (via s.116(2)) is a summary offence: 6 months and/or a level 5 fine (s.116(3)–(4)).
If you suspect a person in a vehicle but not the vehicle’s use, use s.43, not s.43A (code para 3.3.2).
No suspicion? That needs a s.47A authorisation, or s.43C for a terrorist offender whose licence has a search condition.
The same-sex requirement in s.43(3) was repealed in 2012, but use a same-sex officer where readily available.

Legislation: Terrorism Act 2000, ss.43–43A (opens legislation.gov.uk in a new tab)
Who can use it: A constable (in uniform to stop a vehicle)
Last checked: 3 November 2026, against the current law on legislation.gov.uk

Terrorism stop and search (reasonable suspicion): questions people ask

When can the police use terrorism stop and search (reasonable suspicion)?

1. The constable reasonably suspects the person is a terrorist 2. Purpose – to find anything in their possession that may be evidence they are a terrorist 3. A person arrested under s.41 may be searched for the same purpose, with no further suspicion needed 4. If a vehicle is stopped to stop that person, the vehicle and anything in or on it may be searched for the same evidence 5. The constable reasonably suspects a vehicle is being used for the purposes of terrorism 6. Purpose – to find anything that may be evidence the vehicle is being used for terrorism 7. Suspicion must have an objective basis in facts, information or intelligence, not appearance or stereotypes 8. To stop a vehicle, the constable must be in uniform (PACE s.2(9)(b))

Who can use terrorism stop and search (reasonable suspicion)?

A constable (in uniform to stop a vehicle)

What law gives the power for terrorism stop and search (reasonable suspicion)?

Terrorism Act 2000, ss.43–43A.

More stop and search powers

All stop and search powers