1. 10 Points about Schedule 7 Nasir Hafezi LLB MA Solicitor – Stephen Lickrish and Associates, UK n.hafezi@stephenlickrish.co.uk International Security and Terrorism Expert

2. 10 Point about Schedule 7 General Points Point 1 - Be an Active Citizen  Duty to protect people from harm, promote peace, campaign for justice and work for harmony  Need for responsible vocal, unified leadership To defend and/or promote To criticise and/or complain To compliment and/or recommend  The two C’s – which one will you be after this event? (2)

3. 10 Points about Schedule 7 The Law Point 2 – Sch 7 is a power to counter the terrorist threat Specific laws (criminal offences and police powers) are made to counter the terrorist threat but should only be used in a necessary and proportionate manner The benefits of Schedule 7 are:- a)Means to gather ‘evidence’ or ‘intelligence’ about passengers, their associates, places visited or intending to visit b)Deters terrorists from carrying out terrorists acts c)Disrupts terrorists plots d)To recruit information providers(3)

4. 10 Points about Schedule 7 Point 2 – cont – Sch. 7 is a power to counter the terrorist threat What is ‘terrorism’ and what triggers a ‘terrorist investigation’ -‘Terrorists acts’ as defined by Government and Law -‘Terrorist plots’ – foreign and domestic -‘Violent’ and ‘non violent extremists’ – at home and abroad Terrorist/ Violent Extremists/ Non violent Extremists/ Individuals with an extremist leaning are Investigated - 5 pillars of a terrorist investigation. A. Financial B. Surveillance C. Social media D. Family and friends E. Interview Types of intervention - against terrorist/ violent extremists/ non violent extremists -Prosecution for terrorist offences -Excluded from UK, deported, deprived of citizenship, no platform policy at Ed est, not security cleared, no fly list, watch list -Bills - TEO, Re-ed panel, no platform anywhere, disqualify trustee, trust closed -Post election – banning nv extremist groups, civil injunctions, wider data retention (4)

5. 10 Points about Schedule 7 The Law Point 3 - Sch 7 gives wide powers to border police/immigration Schedule 7 powers is the Immigration and police officers have the power to stop, search, detain and question people or vehicles travelling to and from the UK to determine whether they are terrorists or involved in terrorism. The purpose of Sch 7 is to determine if a person “is or has been concerned in the commission, preparation or instigation of acts of terrorism.” NOT UNDER ARREST. There is no requirement of reasonable suspicion. Anything can be seized, downloaded and retained if useful in criminal proceedings Fingerprints, photographs and DNA Detained up to 6 hours Borders incl – airports, sea ports, Kings Cross train station 3 stages:- Screening (10/15 mins)Examination (1 hour)Detention (5hours) (5)

6. 10 Points about Schedule 7 The Law Point 4 - Specific groups targeted and Schedule 7 a)Humanitarian aid workers b)Students and foreign students c)Faith leaders, speakers and activists d)(Frequent) passengers travelling to particular parts of the world e)Foreign fighters Why are some groups are targeted for Schedule 7 -Risk based approach -Terrorist threats – foreign or home Reasons why Schedule 7 is used against humanitarian aid workers? (6)

7. 10 Points about Schedule 7 Point 4 – cont. - Specific groups targeted and Sch 7 2009-2010 - 87,218 2012-2013 - 56,257 12-13 54% of those stopped were non white Asian people are nearly 12 times Pakistani people were 52 times more likely to be stopped than white people, 135 times more likely to be questioned and examined for more than an hour, and 154 times more likely to be detained. Source – Cage (email) What are the total passenger numbers? How many led to arrests? How many led to terrorist arrests and later to charge?

8. 10 Points about Schedule 7 The Law Point 5 - Be aware of specific civil and criminal powers that can result from a Schedule 7 a)Civil - Cash seizure - detention – forfeiture b)Civil - Charity commission investigation and intervention measures c)Criminal offences i.Not cooperating offences under Sch 7 offences ii.Money laundering offences iii.Specific terrorist offences - s.1, s.2, s.5, s.58 (8)

9. 10 Points about Schedule 7 In Practice Point 5 - Reduce the risk of being stopped under Schedule 7 The key is being open and each person having detailed travel knowledge Terrorists hide their identity, travel arrangements and true purpose of travel Risk of being stopped increases -Travelling with particular people or large groups of men -Travelling to particular locations – conflict zones or unresolved conflict zones -Carrying large amounts of cash - particular equipment useful for terrorism – clothing – electronic items Key documents a)Record keeping - volunteers – cash origin and purpose b)Policies – terrorism – recruitment – collection of money – risk c)Travel doc – flights, hotel - keep copies x 3 – who to give to? d)Personal ID – photo and utility bill (9)

10. 10 Points about Schedule 7 In Practice Point 6 - If stopped under Schedule 7 how not to behave a)The Preacher – ‘Officer, let me tell you about Islam’ b)The Clown – ‘Officer, you are having a laugh’ c)The Atheist – ‘Officer, you don’t need to stop me I am not Muslim’ d)The UN Peace Envoy – ‘Officer, I believe in love’ e)The German – ‘Officer, sorry I don’t speak English ‘ f)Mr Attitude – ‘Officer, are you looking at me, punk’ (10)

11. 10 Points about Schedule 7 In Practice Points 7 - How to behave if stopped under Schedule 7 Know their powers and limits and try to understand their motives Know your rights and what is legally expected from you Ask for a lawyer – inform family Be polite but firm Answer questions which you are required to answer Cooperate which you are required to do under law Remember – write down what happened as soon as practicable incl the questions asked and answers given – the name of the officer and number (11)

12. 10 Points about Schedule 7 In Practice Point 8 – Make the right choices Travelling Choice 1 – Travel or not to travel Choice 2 – To travel alone or with groups and particular people Choice 3 – Take or not to take cash, equipment, electronic devices Detained under Schedule 7 Choice 4 – Ask for a lawyer or not Choice 5 – Give detailed answers or give basic answers to questions Informal Interview not under Schedule 7 Choice 6 – Attend interview or not to attend interview – not Schedule 7 Choice 7 – To answer or not to answer questions Choice 8 – Give detailed answers or give basic answers to questions Choice 9 – Become an information provider or not (12)

13. 10 Points about Schedule 7 In Practice Point 8 – Learn lessons and consider taking appropriate action Individuals - should consider a)Share experiences of Schedule 7 b)Record and/or report experiences/complaints to human rights groups Organisations – should consider a)Build capacity within the organisation to reduce risk of it being susceptible to terrorists via advice – policies – training days – robust leadership b)Develop relationships with authority c)Record and/report experiences/complaints to authority and human rights groups (13)

14. 10 Points about Schedule 7 In Practice Point 9 – Be confident in expressing criticism and making recommendations for changes in the practice of Schedule 7 E.G. Criticisms a)Over use of Schedule 7 – alienates particular groups from police b)Selective use of Schedule 7 – particular groups feel discriminated against c)No compensation for missed flights d)Community watch and intelligence gathering E.G. Recommendations for change a)Intelligence led policing against target individuals involved in plots b)Compensation for missed flights Questions - Who do you report your concerns to? Is there any point? What do you expect from raising concerns or by making recommendations?(14)

15. 10 Points about Schedule 7 Point 10 – What have you learned from this session As individual travellers................................................................................................................................................................................................................................................................... As an organisation arranging travel...................................................................................................................................................................................................................................................................... (15)