Officers have the power to view digital images contained in mobile telephones or cameras carried by a person searched under S44 of the Terrorism Act 2000, provided that the viewing is to determine whether the images contained in the camera or mobile telephone are of a kind, which could be used in connection with terrorism. Officers also have the power to seize and retain any article found during the search which the officer reasonably suspects is intended to be used in connection with terrorism.
Please keep up at the back. Section 44 was suspended by the government in July 2010 pending a review. The review recommended its repeal. It has, however, also recommended that there be provision for the power to be used in exceptional emergencies, but only where a senior police officer who reasonably suspects an act of terrorism will take place authorises its use in circumstances where the powers are considered necessary (rather than the current requirement that the powers be ‘expedient’) to prevent such an act. It is recommended that an emergency authorisation last for a maximum 14 days, and be tightlylimitedin both time and geographic area. Further, any request for the use of the temporary powers ought to set out why the powers are necessary and on what bases they can be justified. Finally, where an authorisation is in place the search should only be conducted for the purpose of looking for evidence that the person being searched is a terrorist or the vehicle is being used or may be used for terrorist purposes. These changes will be set out in primary legislation expected shortly.