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The Metropolitan Police abused anti-terror powers when it arrested Editions La Fabrique foreign rights manager Ernest Moret in April, the UK’s independent reviewer of terrorism legislation has found.
Moret had been stopped by officers under Schedule 7 of the Terrorism Act 2000 after he arrived at St Pancras station on 17th April 2023 ahead of the London Book Fair, allegedly due to his involvement in the pension protests that rocked France for months. He was arrested on suspicion of wilfully obstructing a Schedule 7 examination after refusing to disclose his PIN, and was then bailed and released under investigation.
A file on Moret’s refusal to hand over his PIN code was submitted to the Crown Prosecution Service (CPS) in May. The CPS found that the “eventual test has not been met”, ensuring that Moret would not face further action.
In the recent independent report, the reviewer of terrorism legislation, Jonathan Hall KC, found that the rights manager’s arrest was not in line with the rights to freedom of expression and protest. The Metropolitan Police has referred itself to the Independent Office of Police Conduct.
Schedule 7 gives police the right to stop people entering the UK to check whether they are terrorists. This can be done without providing ground for suspicion.
“Even if the power was exercised lawfully against Mr Moret, that would still leave the question of whether it was right to examine Mr Moret in these circumstances,” the report said. “I have reached the clear conclusion that this examination should not have happened, and that additional safeguards are needed to ensure it is not repeated.”
The report went on to explain that the issue “with exercising counter-terrorism powers to investigate whether an individual is a peaceful protestor or a violent protestor is that it is using a sledge-hammer to crack a nut”. The KC added: “I recommend that the code is amended to specify that Schedule 7 should not be used for the purpose of public order policing.”
Cdr Dominic Murphy, who leads the Met’s counter-terrorism command, commented: "Schedule 7 is an important power in protecting the borders of the UK and remains a vital tool in our efforts to counter the terrorist threat and keep the public safe.
"But the public rightly expects that the use of such powers is always carefully considered and, as Jonathan Hall KC states, that there is constant vigilance and attention to safeguards to ensure it is not used in a way that is contrary to individual rights and the wider public interest.
"We will now take time to fully review the report’s finding and its recommendation in relation to further amending the code of practice and we will also look to consult with our operational partners on this."