Part 10: Management of offenders Chapter 4: Management of terrorist offenders Section 184: Terrorist offenders released on licence: arrest without warrant pending recall decision
Subsection (1) inserts new section 43B into the Terrorism Act 2000 (the "2000 Act"), which enables the police to arrest a terrorist offender who has been released on licence, and is suspected to have breached their licence conditions, where there is a terrorism risk and it is considered necessary to detain the offender until a recall decision is made by the probation service.
	New section 43B(1) limits the use of the power to quite specific circumstances in practice. If an offender commits a terrorism offence, they can be arrested under section 41 of the 2000 Act. If they breach their licence conditions but can be recalled before a terrorism risk develops, urgent arrest will not be necessary. This power could be used, for example, when a terrorist offender refuses to go with the police to their Approved Premises after release from prison, where arrest would not be possible under existing legislation. Section 114(2) of the 2000 Act allows the reasonable use of force in making such an arrest.
	The power of arrest applies only to offenders on licence convicted of terrorism or terrorism-connected offences (see new section 43B(4) and (5)). This safeguards against its misuse by limiting the cohort in scope and addresses the threat posed by particularly high-risk individuals. Section 247A of the 2003 Act and the equivalents for Scotland and Northern Ireland define offences under counter-terrorism legislation and offences with a terrorism connection, including service offences.
	New section 43B(2), read with the definition of "relevant period" in new section 43B(6), limits the detention period (to six hours in England and Wales and 12 hours in Scotland or Northern Ireland) following arrest to prevent infringement of the offender’s rights while allowing a necessary period for a decision on recall to be processed. It is expected that the police and probation will co-operate to facilitate this process, including by the police only making arrests when probation intend to recall. New section 43B(3) further protects the offender’s rights by applying the relevant detention conditions in Schedule 8 to the 2000 Act, as modified by subsection (2) of the Section, as for other terrorism-related arrests, in proportion to the relatively short length of the detention.
	New section 43B(7) enables a constable in one part of the UK to exercise the power of arrest in any part of the UK. The cross-agency co-operation informing exercise of the power will generally occur within rather than across jurisdictions.