Part 10: Management of offenders Chapter 4: Management of terrorist offenders Section 185: Power to search terrorist offenders released on licence
Section 185 inserts new section 43C into the 2000 Act, which enables the police to make a personal search of a terrorist offender on licence.
	New section 43C(1) specifies that the stop and search may be conducted for purposes connected with protecting the public from a risk of terrorism and new section 43C(2), (8), and (9) provide that the offender must be required to submit to the search by their licence conditions (in the case of England and Wales, see the Criminal Justice (Sentencing) (Licence Conditions) Order 2015). In practice, it is expected that the relevant licence condition will only be applied to a limited cohort of terrorist offenders who pose a high risk of serious harm. It provides a deterrent for offenders on licence to take weapons with them when travelling and exposes offender managers to less danger during meetings with high risk offenders. This is not possible under the normal stop and search powers in section 43 of the 2000 Act or, in exceptional circumstances, section 47A, which are not designed for compliance or assurance purposes.
	New section 43C(3) allows a search to be conducted in locations where the police have lawful access but the public may not. This will include probation premises.
	New section 43C(7) allows anything carried by the offender to be searched. This allows for the identification of weapons, as well as phones -which may be possessed contrary to licence conditions – that could be used to contact terrorist networks and thus pose a terrorism risk. Under section 2(9) of PACE, it is not permitted to require the removal of any clothing in public apart from an outer coat, jacket, or gloves.
	New section 43C(4) to (6) allow a vehicle to be searched and follow section 43(4A), (4B), and (4C) of the 2000 Act. Section 116(2) of the 2000 Act provides for a vehicle to be stopped and section 114(2) provides for the reasonable use of force. This addresses the possibility of vehicle attacks and prevents offenders in scope from avoiding being searched by travelling in a vehicle.
	New section 43C(10) enables a constable in one part of the UK to exercise the power of search in any part of the UK. The cross-agency co-operation informing exercise of the power will generally occur within rather than across jurisdictions.