Police powers in terrorist investigations

The powers available to the Police and other investigating agencies in cases where terrorist offences are suspected have, for several decades, been subject to close scrutiny and in many cases controversy.

Broadly, since the legislation of the mid-1970’s in the light of Irish paramilitary activity, the police have enjoyed much wider and more intrusive powers of investigation in terrorist cases, particularly in the area of detention of suspects for questioning.

Since the Terrorism Act 2000, and especially since September 11^th the legislative trend has been towards extending these powers still. As a result, police officers investigating terrorist offences can draw on a wider range of powers than previously. In many cases these powers hugely exceed those that apply in other criminal investigations. There has been widespread concern that the advance of police powers in this area has significantly altered the balance between the need to investigate serious crime, and the civil liberties of individuals.

This page provides an overview of the most important of the police investigative powers in terrorist cases. Some relate specifically to investigations proper, while some arise in the context of public order and pre-emption eg stop and search.

Anybody who is arrested and detained by the police in relation to a terrorist investigation will be reminded of the right to legal advice by consulting a solicitor. It is invariably essential to obtain legal advice, preferably from a specialist in terrorist cases.