Part 10: Management of offenders Chapter 4: Management of terrorist offenders Section 186: Search of premises of offender released on licence for purposes connected with protection from a risk of terrorism
Section 186 inserts new section 43D into the 2000 Act, which enables the police to enter and search the premises of an offender released on licence.
	New section 43D(1) stipulates that the police first obtain a warrant from a court. New section 43D(2) provides the requirements for this, including that the court be satisfied that it is necessary, for purposes connected with protecting members of the public from a risk of terrorism, for the police to enter and search the premises specified in the application. New section 43D(7) and (8) define the offenders in scope. Chapter 6 of Part 12 of the CJA 2003 and Chapter 2 of Part 2 of the Crime (Sentences) Act 1997 and the equivalents in Scotland and Northern Ireland capture any offender serving a custodial sentence imposed in any part of the UK who has been released on licence. This includes offenders convicted of a non-terrorism offence who are nevertheless thought to pose a terrorism risk, for example if they are known to have associated with terrorist offenders in prison and intelligence suggests they may engage in terrorist activity shortly after release. This is not possible under other premises search powers, including paragraph 1 of Schedule 5 to the 2000 Act, which is limited to terrorist investigations, and section 56A of the Counter-Terrorism Act 2008, which is limited to convicted terrorist offenders subject to notification requirements. Cross-agency consideration of the terrorism risk posed is expected before submission of an application for a warrant by the police.
	New section 43D(3) to (6) provide for the access to enter and search premises afforded by the warrant. This includes multiple occupancy premises, which may apply for example in searching an offender’s Approved Premises, and entry on multiple occasions, for example when new intelligence of a terrorism risk comes to light. When deciding whether to apply for and use a warrant the police will consider the necessity and proportionality of doing so in all cases.
	The definition of "premises" at section 121 of the 2000 Act applies here. This is any place and includes vehicles. As per section 116(1), the power to search premises confers the power to search containers.