Phone SeizedSituationsCarrying a work phone through a UK port: Schedule 7
Carrying a work phone through a UK port: Schedule 7
What you must do, what you can refuse, and what they can do
Every claim below links to the source it comes from, with the wording quoted so you can check it yourself.
You must
Refusing is a criminal offence.
If you are questioned under paragraph 2 or 3 of Schedule 7, give the examining officer any information in your possession which the officer requests.
Terrorism Act 2000, Sch.7 para 5(a)
“A person who is questioned under paragraph 2 or 3 must— give the examining officer any information in his possession which the officer requests”
Read it at legislation.gov.ukquote checked 2026-09-08
The Schedule 7 Code says the person must provide access to any electronic device to allow for a search to be undertaken, including where access to a device requires the person to unlock a device through application of their thumb or finger, or any other form of access control.
Schedule 7 (Terrorism Act 2000) Code of Practice (Oct 2025), para 61
“The person must provide access to any electronic device to allow for a search to be undertaken, including where access to a device requires the person to unlock a device through application of their thumb or finger, or any other form of access control”
Read it at assets.publishing.service.gov.ukquote checked 2026-09-08
A person commits an offence if he wilfully fails to comply with a duty imposed under or by virtue of Schedule 7, wilfully contravenes a prohibition imposed under or by virtue of Schedule 7, or wilfully obstructs, or seeks to frustrate, a search or examination under or by virtue of Schedule 7.
Terrorism Act 2000, Sch.7 para 18(1)
“A person commits an offence if he— wilfully fails to comply with a duty imposed under or by virtue of this Schedule,— wilfully contravenes a prohibition imposed under or by virtue of this Schedule, or— wilfully obstructs, or seeks to frustrate, a search or examination under or by virtue of this Schedule.”
Read it at legislation.gov.ukquote checked 2026-10-04
A person guilty of an offence under paragraph 18 is liable on summary conviction to imprisonment for a term not exceeding three months, a fine not exceeding level 4 on the standard scale, or both.
Terrorism Act 2000, Sch.7 para 18(2)
“A person guilty of an offence under this paragraph shall be liable on summary conviction to— imprisonment for a term not exceeding three months,— a fine not exceeding level 4 on the standard scale, or— both.”
Read it at legislation.gov.ukquote checked 2026-10-04
What they can do
A power the law gives them over you or your device.
The Schedule 7 Code says information requested by an examining officer under paragraph 5(a) may include passwords to electronic devices; and that an examining officer may not, however, compel a person to disclose or confirm the identity of a source of journalistic information or disclose information subject to legal privilege. The second part is a rule for the examining officer. As quoted, it does not give the person a right to refuse any Schedule 7 duty.
Schedule 7 (Terrorism Act 2000) Code of Practice (Oct 2025), para 55
“Information requested by an examining officer under paragraph 5(a) may include passwords to electronic devices. An examining officer may not, however, compel a person to disclose or confirm the identity of a source of journalistic information or disclose information subject to legal privilege (see paragraph 42 of this Code).”
Read it at assets.publishing.service.gov.ukquote checked 2026-10-04
Paragraph 11A of Schedule 7 applies where the examining officer is a constable. The examining officer may copy anything which is given to the examining officer in accordance with paragraph 5, is searched or found on a search under paragraph 8, or is examined under paragraph 9. The copy may be retained for so long as is necessary for the purpose of determining whether a person falls within section 40(1)(b), while the examining officer believes that it may be needed for use as evidence in criminal proceedings, or while the examining officer believes that it may be needed in connection with a decision by the Secretary of State whether to make a deportation order under the Immigration Act 1971.
Terrorism Act 2000, Sch.7 para 11A(1) to (3)
“This paragraph applies where the examining officer is a constable. — The examining officer may copy anything which— is given to the examining officer in accordance with paragraph 5, — is searched or found on a search under paragraph 8, or — is examined under paragraph 9. — The copy may be retained— for so long as is necessary for the purpose of determining whether a person falls within section 40(1)(b), — while the examining officer believes that it may be needed for use as evidence in criminal proceedings, or — while the examining officer believes that it may be needed in connection with a decision by the Secretary of State whether to make a deportation order under the Immigration Act 1971.”
Read it at legislation.gov.ukquote checked 2026-10-04
Paragraph 11 of Schedule 7 applies to anything which is given to an examining officer in accordance with paragraph 5(d), is searched or found on a search under paragraph 8, or is examined under paragraph 9; an examining officer may detain the thing for the purpose of examination, for a period not exceeding seven days beginning with the day on which the detention commences; while he believes that it may be needed for use as evidence in criminal proceedings; or while he believes that it may be needed in connection with a decision by the Secretary of State whether to make a deportation order under the Immigration Act 1971.
Terrorism Act 2000, Sch.7 para 11(1) and (2)
“This paragraph applies to anything which— is given to an examining officer in accordance with paragraph 5(d),— is searched or found on a search under paragraph 8, or— is examined under paragraph 9.—An examining officer may detain the thing— for the purpose of examination, for a period not exceeding seven days beginning with the day on which the detention commences,— while he believes that it may be needed for use as evidence in criminal proceedings, or— while he believes that it may be needed in connection with a decision by the Secretary of State whether to make a deportation order under the Immigration Act 1971.”
Read it at legislation.gov.ukquote checked 2026-10-01
Once in force, section 238 of the Crime and Policing Act 2026 will amend paragraph 11 of Schedule 7 to the Terrorism Act 2000 so that, in sub-paragraph (2)(a), “the period of” is substituted for “a period not exceeding”, and will insert provisions under which, where an article is detained by virtue of paragraph (a) of sub-paragraph (2), a senior officer will be able to extend the period mentioned in that paragraph by up to 7 days. A senior officer will be able to exercise that power only if the senior officer has not been directly involved in the exercise of any power under this Part of this Schedule to take the article or to question a person from whom the article was taken. In those provisions “senior officer” will mean, where the examining officer who detained the article is a constable, a constable of a higher rank than the examining officer; where the examining officer is an immigration officer, an immigration officer of a higher grade than the examining officer; and where the examining officer is a customs officer, a customs officer of a higher grade than the examining officer.
Crime and Policing Act 2026, s.238(1) and (2) — Terrorism Act 2000 Sch.7 para 11(2)(a) amended; para 11(3) to (5) (inserted) — NOT YET IN FORCE
“Schedule 7 to the Terrorism Act 2000 (port and border controls) is amended as follows.—In paragraph 11— in sub-paragraph (2)(a), for “a period not exceeding” substitute “the period of” ; — after sub-paragraph (2) insert— Where an article is detained by virtue of paragraph (a) of sub-paragraph (2), a senior officer may extend the period mentioned in that paragraph by up to 7 days. — A senior officer may only exercise the power conferred by sub-paragraph (3) if the senior officer has not been directly involved in the exercise of any power under this Part of this Schedule to take the article or to question a person from whom the article was taken. — In sub-paragraphs (3) and (4) “ senior officer ” means— where the examining officer who detained the article is a constable, a constable of a higher rank than the examining officer, — where the examining officer who detained the article is an immigration officer, an immigration officer of a higher grade than the examining officer, and — where the examining officer who detained the article is a customs officer, a customs officer of a higher grade than the examining officer.”
Read it at legislation.gov.ukquote checked 2026-10-04
Once in force, section 178 of the Crime and Policing Act 2026 will insert into Schedule 7 to the Terrorism Act 2000, after paragraph 11A, a paragraph that will apply where an electronic device is detained under paragraph 11 after having been searched or found on a search under paragraph 8, or examined under paragraph 9. A relevant senior officer will be able to authorise a constable to extract information accessible by means of one or more online accounts which were accessed by means of the device before the search or examination began; the power will be exercisable only to extract information which was accessible by means of the online accounts at the time the search or examination began, and only for so long as the electronic device continues to be detained under paragraph 11.
Crime and Policing Act 2026, s.178 — Terrorism Act 2000 Sch.7 para 11B(1)-(3) and (6) (inserted) — NOT YET IN FORCE
“In Schedule 7 to the Terrorism Act 2000 (port and border controls), after paragraph 11A insert— This paragraph applies where an electronic device is detained under paragraph 11 after having been— searched or found on a search under paragraph 8, or— examined under paragraph 9.— A relevant senior officer may authorise a constable to extract information accessible by means of one or more online accounts which were accessed by means of the device before the search or examination began.— The power conferred by virtue of sub-paragraph (2) may be exercised only to extract information which was accessible by means of the online accounts at the time the search or examination began.— The powers conferred by virtue of this paragraph are exercisable only for so long as the electronic device continues to be detained under paragraph 11.”
Read it at legislation.gov.ukquote checked 2026-10-04
Limits on them
A rule that constrains them, or a remedy you can use.
The Schedule 7 Code says an examining officer may not ask a question under paragraph 2 or 3 of Schedule 7 where they have reasonable grounds to believe that the answer to the question would require a person to disclose or confirm the identity of a source of journalistic information or disclose information subject to legal privilege. It is a rule for the examining officer. As quoted, it does not give the person a right to refuse any Schedule 7 duty.
Schedule 7 (Terrorism Act 2000) Code of Practice (Oct 2025), para 44 (last sentence)
“An examining officer may not ask a question under paragraph 2 or 3 of Schedule 7 where they have reasonable grounds to believe that the answer to the question would require a person to disclose or confirm the identity of a source of journalistic information or disclose information subject to legal privilege.”
Read it at assets.publishing.service.gov.ukquote checked 2026-10-04
The Schedule 7 Code says that if, before an examining officer examines or copies an article, or during the process of examining the article or copy, the examining officer has reasonable grounds for believing that the article or copy consists of or includes (or would consist of or include, were the copy to be made) confidential business material within the meaning of section 14(2) of the Police and Criminal Evidence Act 1984, the examining officer must obtain the authorisation of an officer of at least the rank of superintendent who has not been directly involved in the exercise of Schedule 7 powers to the article or copy’s retention, examination and use. The authorising officer may give such an authorisation only if satisfied that arrangements are in place that are sufficient for ensuring that the material is retained securely, and the material will be used only so far as necessary and proportionate in accordance with paragraphs 11(2)(a)-(c) or 11A(3)(a)-(c), as applicable. Where authorisation is not given, confidential business material must be treated as if it were protected material, and a separation and independent review process (or any other process designed to prevent the examining officer or any other officer involved in an examination under Schedule 7 examining the protected material) applied to separate out the confidential business material, if the examining officer considers it necessary and proportionate to examine non-confidential business material within the article or copy. It is a rule for the examining officer. As quoted, it does not give the person a right to refuse any Schedule 7 duty.
Schedule 7 (Terrorism Act 2000) Code of Practice (Oct 2025), para 76
“If, before an examining officer examines or copies an article, or during the process of examining the article or copy, the examining officer has reasonable grounds for believing that the article or copy consists of or includes (or would consist of or include, were the copy to be made) confidential business material within the—meaning of section 14(2) of the Police and Criminal Evidence Act 1984, the examining officer must obtain the authorisation of an officer of at least the rank of superintendent who has not been directly involved in the exercise of Schedule 7 powers to the article or copy’s retention, examination and use. The authorising officer may give such an authorisation only if satisfied that arrangements are in place that are sufficient for ensuring that the material is retained securely, and the material will be used only so far as necessary and proportionate in accordance with paragraphs 11(2)(a)-(c) or 11A(3) (a)-(c), as applicable. Where authorisation is not given, confidential business material must be treated as if it were protected material, and a separation and independent review process (or any other process designed to prevent the examining officer or any other officer involved in an examination under Schedule 7 examining the protected material) applied to separate out the confidential business material, if the examining officer considers it necessary and proportionate to examine non-confidential business material within the article or copy.”
Read it at assets.publishing.service.gov.ukquote checked 2026-10-04
The Schedule 7 Code says that, in the absence of any power other than Schedule 7 (such as Schedule 5 to the Terrorism Act 2000), material cannot be examined where the officer has reasonable grounds for believing it to be protected material; the officer may, however, examine any nonprotected material, subject to the conditions of the following paragraphs. It defines “protected material” as: “confidential journalistic information” within the meaning of section 264(6) and (7) of the Investigatory Powers Act 2016; material which identifies or confirms a “source of journalistic information” within the meaning of section 263(1) of that Act; “items subject to legal privilege” within the meaning of section 263(1) of that Act; personal records which a person has acquired or created in the course of any trade, business, profession or other occupation or for the purposes of any paid or unpaid office and which he holds in confidence (see the definition of “excluded material” in section 11(1)(a) of the Police and Criminal Evidence Act 1984); and human tissue or tissue fluid which has been taken for the purposes of diagnosis or medical treatment and which a person holds in confidence (see section 11(1)(b) of that Act). The limit on examination is a rule for the examining officer. As quoted, it does not give the person a right to refuse any Schedule 7 duty.
Schedule 7 (Terrorism Act 2000) Code of Practice (Oct 2025), para 70 (second and third sentences) and footnote 18 (definition of "protected material")
“In the absence of any power other than Schedule 7 (such as Schedule 5 to the Terrorism Act 2000), material cannot be examined where the officer has reasonable grounds for believing it to be protected material. The officer may, however, examine any nonprotected material, subject to the conditions of the following paragraphs.—In this Code, “protected material” means: “confidential journalistic information” within the meaning of section 264(6) and (7) of the Investigatory Powers Act 2016; material which identifies or confirms a “source of journalistic information” within the meaning of section 263(1) of that Act; “items subject to legal privilege” within the meaning of section 263(1) of that Act; personal records which a person has acquired or created in the course of any trade, business, profession or other occupation or for the purposes of any paid or unpaid office and which he holds in confidence (see the definition of “excluded material” in section 11(1)(a) of the Police and Criminal Evidence Act 1984); and human tissue or tissue fluid which has been taken for the purposes of diagnosis or medical treatment and which a person holds in confidence (see section 11(1)(b) of that Act).”
Read it at assets.publishing.service.gov.ukquote checked 2026-10-04
The Schedule 7 Code says that, if before an examining officer examines or copies an article the officer has reasonable grounds for believing that the article consists of or includes protected material, the officer must only proceed to examine the article or make the copy if the protected material is capable of being separated from non-protected material; that, if the officer has developed such reasonable grounds during the process of examining the article or copy, the officer must cease examining the article or copy and may only subsequently continue to examine the article or copy if the non-protected material has been separated from the protected material; and that, save as to any other power applying which permits retention, where it is assessed that protected material within an article or copy cannot be separated from non-protected material the article must be returned to the person from whom it was taken, and any copies of the article must be destroyed. It is a rule for the examining officer. As quoted, it does not give the person a right to refuse any Schedule 7 duty.
Schedule 7 (Terrorism Act 2000) Code of Practice (Oct 2025), para 71
“If before an examining officer examines or copies an article, the officer has reasonable grounds for believing that the article consists of or includes protected material, the officer must only proceed to examine the article or make the copy if the protected material is capable of being separated from non-protected material. If the officer has developed such reasonable grounds during the process of examining the article or copy, the officer must cease examining the article or copy and may only subsequently continue to examine the article or copy if the non-protected material has been separated from the protected material. Save as to any other power applying which permits retention, where it is assessed that protected material within an article or copy cannot be separated from non-protected material the article must be returned to the person from whom it was taken, and any copies of the article must be destroyed.”
Read it at assets.publishing.service.gov.ukquote checked 2026-10-04
The Schedule 7 Code says an examining officer may only retain an article, or make and retain a copy of an article, which the officer has reasonable grounds for believing it consists of or includes protected material if the officer considers it necessary and proportionate to do so in accordance with paragraphs 11(2)(a)-(c) or 11A(3)(a)-(c) and a sifting and independent review process, or any other process designed to prevent the examining officer or any other officer involved in an examination under Schedule 7 examining the protected material, is possible. It is a rule for the examining officer. As quoted, it does not give the person a right to refuse any Schedule 7 duty.
Schedule 7 (Terrorism Act 2000) Code of Practice (Oct 2025), para 75
“An examining officer may only retain an article, or make and retain a copy of an article, which the officer has reasonable grounds for believing it consists of or includes protected material if the officer considers it necessary and proportionate to do so in accordance with paragraphs 11(2)(a)-(c) or 11A(3)(a)-(c) and a sifting and independent review process, or any other process designed to prevent the examining officer or any other officer involved in an examination under Schedule 7 examining the protected material, is possible.”
Read it at assets.publishing.service.gov.ukquote checked 2026-10-04
The Schedule 7 Code says the examining officer should consider whether it is reasonably practicable for the protected material to be separated at the time and place of the Schedule 7 examination (which, it says, can be done either using the sifting and independent review process described below, or in any other manner designed to prevent the examining officer or any other officer involved in an examination under Schedule 7 from accessing the protected material), and that, if this is not reasonably practicable at the time and place of the Schedule 7 examination, the officer may retain the article or copy in accordance with paragraph 11 or 11A, as applicable, and during the retention period the sifting and independent review process in relation to an article or copy must be carried out. It says the process requires steps to be taken, one of which (the only step quoted here) is that, in cases where the material on the article or copy is electronic, voluminous and capable of being searched electronically, the person from whom the article has been taken (or from whose article a copy has been taken), or that person’s legal representative, must be given the opportunity to provide search terms to be applied to identify potential protected material; the ultimate decision as to which search terms are applied shall be for the relevant police force; those search terms must be applied by a member of the police digital forensic unit, who is independent of the Schedule 7 examination; the result of the search terms applied must be confined in a separate folder to which the examining officer and any other officer involved in the Schedule 7 examination do not have access; and any data which is not covered by the search terms can be provided to the examining officer for their review. These are rules for the examining officer and the police. As quoted, they do not give the person a right to refuse any Schedule 7 duty.
Schedule 7 (Terrorism Act 2000) Code of Practice (Oct 2025), para 72 (separation at the time and place of the examination, sifting and independent review process: retention trigger and step (d))
“The examining officer should consider whether it is reasonably practicable for the protected material to be separated at the time and place of the Schedule 7 examination. This can be done either using the sifting and independent review process described below, or in any other manner designed to prevent the examining officer or any other officer involved in an examination under Schedule 7 from accessing the protected material. If this is not reasonably practicable at the time and place of the Schedule 7 examination, the officer may retain the article or copy in accordance with paragraph 11 or 11A, as applicable, and during the retention period the sifting and independent review process in relation to an article or copy must be carried out. The sifting and independent review process requires the following steps to be taken:—In cases where the material on the article or copy is electronic, voluminous and capable of being searched electronically, the person from whom the article has been taken (or from whose article a copy has been taken), or that person’s legal representative, must be given the opportunity to provide search terms to be applied to identify potential protected material. The ultimate decision as to which search terms are applied shall be for the relevant police—force. Those search terms must be applied by a member of the police digital forensic unit, who is independent of the Schedule 7 examination. The result of the search terms applied must be confined in a separate folder To which the examining officer and any other officer involved in the Schedule 7 examination do not have access. Any data which is not covered by the search terms can be provided to the examining officer for their review;”
Read it at assets.publishing.service.gov.ukquote checked 2026-10-04
What the sources say
What a document, a report, an agency publication or a provision says, quoted as it is worded.
The Schedule 7 Code says an examining officer may retain anything (including electronic devices) which is given to the officer in accordance with paragraph 5(d) of Schedule 7, which is searched or found during a search under paragraph 8, or which is examined under paragraph 9, and may retain the thing under paragraph 11(2) for the purpose of examining the detained thing, for a period not exceeding 7 days beginning with the day on which the retention commences; while the examining officer believes that it may be needed for use as evidence in criminal proceedings; or while the officer believes that it may be needed in connection with a decision of the Secretary of State whether to make a deportation order under the Immigration Act 1971. It says the powers to retain property must be exercised in a manner which is proportionate to the legitimate aim; that the thing may be retained for as long as the examining officer believes it is needed for these purposes (although not beyond 7 days if the thing is retained only under paragraph 11(2)(a)); and that if the examining officer retains anything beyond the conclusion of the examination of that person, he or she must inform the person of the power under which their property is being retained, and should ask the person how they would prefer to be contacted regarding the status or return of their property.
Schedule 7 (Terrorism Act 2000) Code of Practice (Oct 2025), paras 66 and 67
“An examining officer may retain anything (including electronic devices) which is given to the officer in accordance with paragraph 5(d) of Schedule 7; which is searched or found during a search under paragraph 8; or which is examined under paragraph 9. The officer may retain the thing under paragraph 11(2): a. For the purpose of examining the detained thing, for a period not exceeding 7 days beginning with the day on which the retention commences, b. While the examining officer believes that it may be needed for use as evidence in criminal proceedings, or c. While the officer believes that it may be needed in connection with a decision of the Secretary of State whether to make a deportation order under the Immigration Act 1971.—The powers to retain property must be exercised in a manner which is proportionate to the legitimate aim. The thing may be retained for as long as the examining officer believes it is needed for these purposes (although not beyond 7 days if the thing is retained only under paragraph 11(2)(a))—If the examining officer retains anything beyond the conclusion of the examination of that person, he/she must inform the person of the power under which their property is being retained. In such circumstances, the examining officer should ask the person how they would prefer to be contacted regarding the status or return of their property.”
Read it at assets.publishing.service.gov.ukquote checked 2026-10-04
Paragraph 67 of the Schedule 7 Code says the thing may be retained for as long as the examining officer believes it is needed for these purposes (although not beyond 7 days if the thing is retained only under paragraph 11(2)(a)). A footnote to that paragraph says it is important to note that where an examining officer has retained a thing under 11(2)(b) or (c), examination of the thing is permitted in order to fulfil the purpose of the retention.
Schedule 7 (Terrorism Act 2000) Code of Practice (Oct 2025), para 67 and footnote 17
“The thing may be retained for as long as the examining officer believes it is needed for these purposes (although not beyond 7 days if the thing is retained only under paragraph 11(2)(a))—It is important to note that where an examining officer has retained a thing under 11(2)(b) or (c), examination of the thing is permitted in order to fulfil the purpose of the retention.”
Read it at assets.publishing.service.gov.ukquote checked 2026-10-04
Section 130(1) of the Terrorism Act 2000 says that, subject to subsections (2) to (6) of that section, the Act extends to the whole of the United Kingdom.
Terrorism Act 2000, s.130(1) (extent)
“Subject to subsections (2) to (6), this Act extends to the whole of the United Kingdom.”
Read it at legislation.gov.ukquote checked 2026-10-02
The Code’s words are “any electronic device”
Paragraph 5(a) of Schedule 7 to the Terrorism Act 2000 says a person who is questioned under paragraph 2 or 3 must give the examining officer any information in his possession which the officer requests. The Schedule 7 Code of Practice says the person must provide access to any electronic device to allow for a search to be undertaken, including where access to a device requires the person to unlock a device through application of their thumb or finger, or any other form of access control (Code para 61), and that information requested under paragraph 5(a) may include passwords to electronic devices, and that an examining officer may not, however, compel a person to disclose or confirm the identity of a source of journalistic information or disclose information subject to legal privilege (Code para 55).
Paragraph 18(1) says a person commits an offence if he wilfully fails to comply with a duty imposed under or by virtue of the Schedule, wilfully contravenes a prohibition imposed under or by virtue of the Schedule, or wilfully obstructs, or seeks to frustrate, a search or examination under or by virtue of the Schedule, and paragraph 18(2) says a person guilty of an offence under that paragraph is liable on summary conviction to imprisonment for a term not exceeding three months, a fine not exceeding level 4 on the standard scale, or both. The limit in Code para 55 and each limit that follows are limits on the examining officer and, where the quoted words say so, on another officer or the police; as quoted, none gives the person a right to refuse any Schedule 7 duty. The full Schedule 7 stop is on the Schedule 7 page and, for the rest of it, rightsandlimits.com’s Schedule 7 page. A RIPA section 49 notice is covered on the RIPA notice page.
Section 130(1) of the Terrorism Act 2000 says that, subject to subsections (2) to (6), the Act extends to the whole of the United Kingdom. For Scotland, see Seizure and cyber kiosks in Scotland.
Confidential business material
The Code says that if, before an examining officer examines or copies an article, or during the process of examining the article or copy, the examining officer has reasonable grounds for believing that the article or copy consists of or includes (or would consist of or include, were the copy to be made) confidential business material within the meaning of section 14(2) of the Police and Criminal Evidence Act 1984, the examining officer must obtain the authorisation of an officer of at least the rank of superintendent who has not been directly involved in the exercise of Schedule 7 powers to the article or copy’s retention, examination and use (Code para 76). It says the authorising officer may give such an authorisation only if satisfied that arrangements are in place that are sufficient for ensuring that the material is retained securely, and the material will be used only so far as necessary and proportionate in accordance with paragraphs 11(2)(a)-(c) or 11A(3)(a)-(c), as applicable. It also says that where authorisation is not given, confidential business material must be treated as if it were protected material, and a separation and independent review process (or any other process designed to prevent the examining officer or any other officer involved in an examination under Schedule 7 examining the protected material) applied to separate out the confidential business material, if the examining officer considers it necessary and proportionate to examine non-confidential business material within the article or copy.
That is a rule for the examining officer. As quoted, it does not give the person a right to refuse any Schedule 7 duty. This page does not quote section 14(2) of PACE; for an employer-owned phone more generally, see the employer-owned phone page.
Legally privileged, journalistic and other protected material
The Code says an examining officer may not ask a question under paragraph 2 or 3 of Schedule 7 where they have reasonable grounds to believe that the answer to the question would require a person to disclose or confirm the identity of a source of journalistic information or disclose information subject to legal privilege (Code para 44). The Code says that, in the absence of any power other than Schedule 7 (such as Schedule 5 to the Terrorism Act 2000), material cannot be examined where the officer has reasonable grounds for believing it to be protected material; the officer may, however, examine any nonprotected material, subject to the conditions of the following paragraphs (Code para 70, which also defines “protected material”).
The Code says that, if before an examining officer examines or copies an article the officer has reasonable grounds for believing that the article consists of or includes protected material, the officer must only proceed to examine the article or make the copy if the protected material is capable of being separated from non-protected material; that, if the officer has developed such reasonable grounds during the process of examining the article or copy, the officer must cease examining the article or copy and may only subsequently continue to examine the article or copy if the non-protected material has been separated from the protected material; and that, save as to any other power applying which permits retention, where it is assessed that protected material within an article or copy cannot be separated from non-protected material the article must be returned to the person from whom it was taken, and any copies of the article must be destroyed (Code para 71). The Code says an examining officer may only retain an article, or make and retain a copy of an article, which the officer has reasonable grounds for believing consists of or includes protected material if the officer considers it necessary and proportionate to do so in accordance with paragraphs 11(2)(a)-(c) or 11A(3)(a)-(c) and a sifting and independent review process, or any other process designed to prevent the examining officer or any other officer involved in an examination under Schedule 7 examining the protected material, is possible (Code para 75). The Code says the examining officer should consider whether it is reasonably practicable for the protected material to be separated at the time and place of the Schedule 7 examination, and that, if this is not reasonably practicable at the time and place of the Schedule 7 examination, the officer may retain the article or copy in accordance with paragraph 11 or 11A, as applicable, and during the retention period the sifting and independent review process in relation to an article or copy must be carried out. It says that, in cases where the material on the article or copy is electronic, voluminous and capable of being searched electronically, the person from whom the article has been taken (or from whose article a copy has been taken), or that person’s legal representative, must be given the opportunity to provide search terms to be applied to identify potential protected material, and that the ultimate decision as to which search terms are applied shall be for the relevant police force (Code para 72, one of the steps of the sifting and independent review process).
Those paragraphs set limits on the examining officer and, for the search-terms process, the police, and Code para 70 also contains a definition; as quoted, none gives the person a right to refuse any Schedule 7 duty. For journalistic source material, see the journalist source-material page.
Copies and how long the phone can be held
Paragraph 11(2) of Schedule 7 gives an examining officer grounds to detain a thing to which paragraph 11 applies: for the purpose of examination, for a period not exceeding seven days beginning with the day on which the detention commences; while he believes that it may be needed for use as evidence in criminal proceedings; or while he believes that it may be needed in connection with a decision by the Secretary of State whether to make a deportation order under the Immigration Act 1971 (paragraph 11). The seven days attach to the examination ground; they are not stated for the other grounds. Where the examining officer is a constable, paragraph 11A allows copies: the officer may copy anything which is given to the examining officer in accordance with paragraph 5, is searched or found on a search under paragraph 8, or is examined under paragraph 9, and the copy may be retained for so long as is necessary for the purpose of determining whether a person falls within section 40(1)(b), while the examining officer believes that it may be needed for use as evidence in criminal proceedings, or while the examining officer believes that it may be needed in connection with a decision by the Secretary of State whether to make a deportation order under the Immigration Act 1971.
The Code says the thing may be retained for as long as the examining officer believes it is needed for these purposes, “although not beyond 7 days if the thing is retained only under paragraph 11(2)(a)”, and that if the officer retains anything beyond the conclusion of the examination, he or she must inform the person of the power under which their property is being retained (Code paras 66 and 67). A footnote to paragraph 67 of the Code says it is important to note that where an examining officer has retained a thing under 11(2)(b) or (c), examination of the thing is permitted in order to fulfil the purpose of the retention (Code, footnote 17). For how long a phone can be kept in each country, see how long it is kept; for preparing before a border, see Before a border and the border preparation tool.
Changes not yet in force
Once in force, section 238 of the Crime and Policing Act 2026 will amend paragraph 11 of Schedule 7 so that, in sub-paragraph (2)(a), “the period of” replaces “a period not exceeding”, and a senior officer will be able to extend that period by up to 7 days where an article is detained by virtue of that paragraph. Once in force, section 178 will insert into Schedule 7 a paragraph under which, where an electronic device is detained under paragraph 11 after having been searched or found on a search under paragraph 8, or examined under paragraph 9, a relevant senior officer will be able to authorise a constable to extract information accessible by means of one or more online accounts which were accessed by means of the device before the search or examination began. Once in force, section 238(3) will insert, in paragraph 11A after sub-paragraph (3), a provision under which an examining officer will be able to authorise another person to exercise the power conferred by sub-paragraph (2) on their behalf. legislation.gov.uk marked sections 238 and 178 as prospective when checked on 2026-10-04. Section 178 is also covered on the account-extraction page.
Other borders
For how other countries treat a phone at the border, see the border comparison, Australia: Border Force and USA: CBP.
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