If you are contacted, searched or arrested by Counter Terrorism Policing or Special Branch, obtain specialist legal advice immediately. These investigations can involve serious allegations, unusual powers, extensive digital evidence and long periods of uncertainty. Ghafar Khan provides confidential criminal defence advice at the police station and throughout England and Wales.
What is a counter-terrorism or Special Branch investigation?
Counter Terrorism Policing and Special Branch units may investigate suspected terrorism offences, extremist activity, terrorist financing, serious national-security concerns or conduct connected with a terrorist investigation. Being questioned, stopped or investigated does not mean that an offence has been proved.
Can I have a solicitor during a terrorism investigation?
Yes. Under the relevant provisions of the Terrorism Act 2000 and PACE Code H, a detainee generally has the right to consult a solicitor privately and to have legal advice during interview. In limited circumstances, access to a particular solicitor or notification rights can be delayed by an authorised officer. Ask for legal advice and do not make important decisions about an interview without understanding the allegation and the evidence relied upon.
Schedule 7, searches and digital evidence
Some people are examined at ports, airports or international rail stations under Schedule 7 of the Terrorism Act 2000. Investigations may also involve searches, seizure of phones, messages, social-media material, call data, financial records and alleged online communications. A careful defence examines the legal power used, the scope of the search, continuity of exhibits, attribution and disclosure.
What happens during a counter-terrorism interview?
An interview may take place after arrest, by invitation or following examination at a port or border. The investigator should explain the suspected involvement and the reason for questioning. Your solicitor can advise on the caution, review disclosed material where available, identify issues requiring clarification and help ensure that the interview is conducted fairly. Do not guess, speculate or sign a statement without advice.
Search warrants, phones and financial records
Counter-terrorism investigations can involve premises searches, digital-device examination, bank records, travel history and communications data. Defence work may include checking whether the correct authority was obtained, whether the search stayed within its lawful scope, and whether seized material has been preserved and disclosed properly. Digital material must also be attributed reliably before it can safely be relied upon.
How long can detention last?
Detention rules differ according to the power used and the circumstances. Terrorism cases can involve longer permitted periods than ordinary criminal investigations, but reviews, authorisations and safeguards still apply. A solicitor should monitor the legal basis for detention, requests for further time and any decision to charge, release or impose restrictions.
Questions clients often ask
- What should I do if Special Branch asks me to attend an interview?
- Can police seize my phone during a counter-terrorism investigation?
- Can I get a free duty solicitor for a terrorism interview?
- How long can I be detained on suspicion of terrorism?
- Can a counter-terrorism investigation be challenged if procedure was not followed?
Contact Ghafar Khan
Contact Ghafar Khan, Criminal Defence Solicitor and High Court Advocate, for urgent and confidential advice. Call 24/7 on 07500 556587 or email notguilty@ghafarkhan.com. #CALLGFA.
Official information: PACE Code H, Terrorism Act 2000 and GOV.UK police-station legal advice.
This page provides general information only and is not legal advice about an individual case. Allegations are unproven unless and until established in court.