The next 60 seconds: what to ask and check

At a port or border (Schedule 7)

1. Check whether this is a Schedule 7 examination at a port or border.

   What the law says: Terrorism Act 2000, Schedule 7, paragraph 2 applies to a person if he is at a port or in the border area, and the examining officer believes that the person’s presence at the port or in the area is connected with his entering or leaving Great Britain or Northern Ireland or his travelling by air within Great Britain or within Northern Ireland. Paragraph 2(3) says it also applies to a person on a ship or aircraft which has arrived at any place in Great Britain or Northern Ireland (whether from within or outside Great Britain or Northern Ireland). An examining officer may exercise his powers under paragraph 2 whether or not he has grounds for suspecting that a person falls within section 40(1)(b).

   Source: Terrorism Act 2000, Sch.7 para 2(2), (3) and (4) (legislation.gov.uk, checked 2026-10-02)

2. Ask exactly what information the officer is requesting, and note it.

   What the law says: Under Schedule 7 of the Terrorism Act 2000, a person who is questioned under paragraph 2 or 3 must give the examining officer any information in his possession which the officer requests.

   Source: Terrorism Act 2000, Sch.7 para 5(a) (legislation.gov.uk, checked 2026-09-08)

3. Ask whether the officer is requesting a password for the device.

   What the source says: The Schedule 7 Code of Practice says information requested by an examining officer under paragraph 5(a) may include passwords to electronic devices; the same paragraph says 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.

   Source: Schedule 7 (Terrorism Act 2000) Code of Practice (Oct 2025), para 55 (assets.publishing.service.gov.uk, checked 2026-10-04)

4. Ask whether access to the device, such as by thumb or finger, is being requested.

   What the source says: The Schedule 7 Code of Practice also 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.

   Source: Schedule 7 (Terrorism Act 2000) Code of Practice (Oct 2025), para 61 (assets.publishing.service.gov.uk, checked 2026-09-08)

5. Ask whether the officer says a Schedule 7 duty applies to this request.

   What the law says: 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 that Schedule, or wilfully obstructs, or seeks to frustrate, a search or examination under or by virtue of that Schedule.

   Source: Terrorism Act 2000, Sch.7 para 18(1) (legislation.gov.uk, checked 2026-10-04)

If you are arrested, or the phone is seized

6. Check whether you have been arrested at a place other than a police station.

   What the law says: For a person arrested at a place other than a police station, PACE 1984 s.32 says a constable may search the arrested person for anything which might be evidence relating to an offence, but may not do so unless he has reasonable grounds for believing that the person to be searched may have concealed on him anything for which a search is permitted under that paragraph. Section 32(9) says a constable searching a person in the exercise of the power conferred by subsection (2)(a) may seize and retain anything he finds, other than an item subject to legal privilege, if he has reasonable grounds for believing that it is evidence of an offence or has been obtained in consequence of the commission of an offence.

   Source: Police and Criminal Evidence Act 1984, s.32(1), (2)(a)(ii), (5) and (9) (legislation.gov.uk, checked 2026-10-01)

7. Ask for a record of what has been seized.

   What the law says: PACE 1984 s.21(1) says a constable who seizes anything in the exercise of a power conferred by any enactment shall, if so requested by a person showing himself to be the occupier of premises on which it was seized, or to have had custody or control of it immediately before the seizure, provide that person with a record of what he seized.

   Source: Police and Criminal Evidence Act 1984, s.21(1) (legislation.gov.uk, checked 2026-09-08)

If you are asked to hand over a phone voluntarily

8. Ask whether you are being given a written notice under section 39, and read it.

   What the law says: Section 39(1) of the Police, Crime, Sentencing and Courts Act 2022 says a person (‘P’) is treated for the purposes of section 37 or 38 as having voluntarily provided an electronic device to an authorised person, and agreed to the extraction of information from the device by an authorised person, only if the requirements of this section have been met; s.39(3)(d) says an authorised person must have given P notice in writing stating that P may refuse to provide the device or agree to the extraction of information from it.

   Source: Police, Crime, Sentencing and Courts Act 2022, s.39(1) and (3) (legislation.gov.uk, checked 2026-10-02)

If you are given a section 49 notice

9. Check whether you have been given a section 49 notice, and read it.

   What the law says: RIPA s.53(1) says a person to whom a section 49 notice has been given is guilty of an offence if he knowingly fails, in accordance with the notice, to make the disclosure required by virtue of the giving of the notice.

   Source: Regulation of Investigatory Powers Act 2000, s.53(1) (legislation.gov.uk, checked 2026-09-08)

At a port or border (Schedule 7)

1. Check whether this is a Schedule 7 examination at a port or border.

   What the law says: Terrorism Act 2000, Schedule 7, paragraph 2 applies to a person if he is at a port or in the border area, and the examining officer believes that the person’s presence at the port or in the area is connected with his entering or leaving Great Britain or Northern Ireland or his travelling by air within Great Britain or within Northern Ireland. Paragraph 2(3) says it also applies to a person on a ship or aircraft which has arrived at any place in Great Britain or Northern Ireland (whether from within or outside Great Britain or Northern Ireland). An examining officer may exercise his powers under paragraph 2 whether or not he has grounds for suspecting that a person falls within section 40(1)(b).

   Source: Terrorism Act 2000, Sch.7 para 2(2), (3) and (4) (legislation.gov.uk, checked 2026-10-02)

2. Ask exactly what information the officer is requesting, and note it.

   What the law says: Under Schedule 7 of the Terrorism Act 2000, a person who is questioned under paragraph 2 or 3 must give the examining officer any information in his possession which the officer requests.

   Source: Terrorism Act 2000, Sch.7 para 5(a) (legislation.gov.uk, checked 2026-09-08)

3. Ask whether the officer is requesting a password for the device.

   What the source says: The Schedule 7 Code of Practice says information requested by an examining officer under paragraph 5(a) may include passwords to electronic devices; the same paragraph says 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.

   Source: Schedule 7 (Terrorism Act 2000) Code of Practice (Oct 2025), para 55 (assets.publishing.service.gov.uk, checked 2026-10-04)

4. Ask whether access to the device, such as by thumb or finger, is being requested.

   What the source says: The Schedule 7 Code of Practice also 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.

   Source: Schedule 7 (Terrorism Act 2000) Code of Practice (Oct 2025), para 61 (assets.publishing.service.gov.uk, checked 2026-09-08)

5. Ask whether the officer says a Schedule 7 duty applies to this request.

   What the law says: 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 that Schedule, or wilfully obstructs, or seeks to frustrate, a search or examination under or by virtue of that Schedule.

   Source: Terrorism Act 2000, Sch.7 para 18(1) (legislation.gov.uk, checked 2026-10-04)

If you are in police custody or have been arrested

6. Check whether you are in police custody and whether you have been officially accused.

   What the law says: Under s.34(1) and (4) of the Criminal Justice (Scotland) Act 2016, where a person is in police custody in relation to an offence and has not been officially accused of committing the offence or an offence arising from the same circumstances as the offence, the person is under no obligation to answer any question, other than to give the person’s name, address, date of birth, place of birth (in such detail as a constable considers necessary or expedient for the purpose of establishing the person’s identity) and nationality.

   Source: Criminal Justice (Scotland) Act 2016, s.34(1) and (4) (legislation.gov.uk, checked 2026-10-01)

7. Check whether you have been arrested and charged.

   What the law says: Section 47(1) of the Criminal Justice (Scotland) Act 2016 says that nothing in Part 1 affects any rule of law by virtue of which a constable may exercise a power of the type described in subsection (2) — a power exercised in relation to a person by reason of the person’s having been arrested and charged with an offence by a constable — and s.47(3) says powers of that type include the power to seize any item in the person’s possession.

   Source: Criminal Justice (Scotland) Act 2016, s.47(1), (2) and (3)(b) (legislation.gov.uk, checked 2026-10-01)

If you are asked to hand over a phone voluntarily

8. Ask whether you are being given a written notice under section 39, and read it.

   What the law says: Section 39(1) of the Police, Crime, Sentencing and Courts Act 2022 says a person (‘P’) is treated for the purposes of section 37 or 38 as having voluntarily provided an electronic device to an authorised person, and agreed to the extraction of information from the device by an authorised person, only if the requirements of this section have been met; s.39(3)(d) says an authorised person must have given P notice in writing stating that P may refuse to provide the device or agree to the extraction of information from it.

   Source: Police, Crime, Sentencing and Courts Act 2022, s.39(1) and (3) (legislation.gov.uk, checked 2026-10-02)

If you are given a section 49 notice

9. Check whether you have been given a section 49 notice, and read it.

   What the law says: RIPA s.53(1) says a person to whom a section 49 notice has been given is guilty of an offence if he knowingly fails, in accordance with the notice, to make the disclosure required by virtue of the giving of the notice.

   Source: Regulation of Investigatory Powers Act 2000, s.53(1) (legislation.gov.uk, checked 2026-09-08)

1. Ask which power the officer is using to examine the phone.

   What the law says: Customs Act 1901 s.186(1) says any officer may, subject to subsections (2) and (3), examine any goods subject to customs control, and that the expense of the examination, including the cost of removal to the place of examination, shall be borne by the owner.

   Source: Customs Act 1901 (Cth), s.186(1) — general power to examine goods (Compilation No. 193, 19 Sep 2026) (legislation.gov.au, checked 2026-10-02)

2. Ask whether the officer is requesting a password or other assistance with the device.

   What the source says: The ABF told a Senate committee that there is no legal compulsion for a traveller to provide a password/passcode or provide assistance to an electronic device at the border.

   Source: Senate Standing Committee on Legal and Constitutional Affairs, Additional Budget Estimates, ABF written answer AE22-050 (document headed 14 Feb 2022) — no legal compulsion (aph.gov.au, checked 2026-09-08)

3. Ask what the officer says will happen to the device if a request is not met.

   What the source says: The ABF told the same committee that if an individual refuses to comply with a request or provide a password for an examination of their electronic device, and an ABF officer considers there to be a risk to the border, the ABF officer is authorised to seize that device for further examination prior to being returned.

   Source: Senate Standing Committee on Legal and Constitutional Affairs, Additional Budget Estimates, ABF written answer AE22-050 (document headed 14 Feb 2022) — consequence of refusal (aph.gov.au, checked 2026-09-08)

4. Ask how long the device will be kept, and note the answer.

   What the source says: The ABF told the same committee that current ABF policy is to retain electronic devices held for examination for no longer than 14 days, unless it is reasonable that the examination will take longer or content is located on the device that renders the device subject to seizure.

   Source: Senate Standing Committee on Legal and Constitutional Affairs, Additional Budget Estimates, ABF written answer AE22-050 (document headed 14 Feb 2022) — retention policy (aph.gov.au, checked 2026-09-08)

5. Check whether you have been given an order under section 3LA, and read it.

   What the law says: Section 3LA(1) of the Crimes Act 1914 (Cth) says a constable may apply to a magistrate for an order requiring a specified person to provide any information or assistance that is reasonable and necessary to allow a constable to access data held in, or accessible from, a computer or data storage device that is on warrant premises; or is found in the course of an ordinary search of a person, or a frisk search of a person, authorised by a warrant under section 3E; or has been moved under subsection 3K(2) and is at a place for examination or processing; or has been seized under this Division.

   Source: Crimes Act 1914 (Cth), s.3LA(1) — order power (Compilation No. 167, 27 Aug 2026) (legislation.gov.au, checked 2026-10-01)

6. Read which requirements the order sets out.

   What the law says: Section 3LA(5) of the Crimes Act 1914 (Cth) says a person commits an offence if the person is subject to an order under the section, is capable of complying with a requirement in the order, omits to do an act, and the omission contravenes the requirement; the penalty is imprisonment for 5 years or 300 penalty units, or both.

   Source: Crimes Act 1914 (Cth), s.3LA(5) — penalty tier one (Compilation No. 167, 27 Aug 2026) (legislation.gov.au, checked 2026-09-08)

7. Ask what warrant the order relates to.

   What the law says: Section 3LA(6) of the Crimes Act 1914 (Cth) says a person commits an offence if the person is subject to an order under the section, is capable of complying with a requirement in the order, omits to do an act, and the omission contravenes the requirement, and the offence to which the relevant warrant relates is a serious offence or a serious terrorism offence; the penalty is imprisonment for 10 years or 600 penalty units, or both.

   Source: Crimes Act 1914 (Cth), s.3LA(6) — offence elements and penalty tier two (Compilation No. 167, 27 Aug 2026) (legislation.gov.au, checked 2026-10-02)

At the border (CBP)

1. Check whether you are being inspected by CBP at the border.

   What the source says: CBP’s directive states that travelers are obligated to present electronic devices and the information contained therein in a condition that allows inspection of the device and its contents.

   Source: CBP Directive No. 3340-049B §5.3.1 (eff. 1 Jan 2026) (cbp.gov, checked 2026-09-08)

2. Ask what the officer says passcodes or other means of access will be used for.

   What the source says: CBP’s directive states that passcodes or other means of access obtained during a border inspection will only be utilized to facilitate the inspection of devices and information subject to border search, and may not be utilized to access information that is only stored remotely.

   Source: CBP Directive No. 3340-049B §5.3.2 (eff. 1 Jan 2026) (cbp.gov, checked 2026-09-08)

3. Ask whether the device is being detained, and note what the officer says.

   What the source says: CBP’s directive states that if an officer is unable to complete an inspection of an electronic device because it is protected by a passcode or encryption, the officer may, in accordance with section 5.4, detain the device pending a determination as to its admissibility, exclusion, or other disposition.

   Source: CBP Directive No. 3340-049B §5.3.3 (eff. 1 Jan 2026) (cbp.gov, checked 2026-09-08)

Away from the border (police)

4. Ask whether the officer has a warrant for the phone.

   What the court said: In Riley v. California the Court said its answer to the question of what police must do before searching a cell phone seized incident to an arrest is accordingly simple: get a warrant.

   Source: Riley v. California, 573 U.S. 373 (2014) (law.cornell.edu, checked 2026-09-08)

5. Ask whether you are being ordered to open the phone, and note the words used.

   What the court said: In United States v. Brown, the D.C. Circuit held that, in compelling Schwartz to unlock his cellphone, law enforcement violated the Fifth Amendment; the record reveals that an FBI agent ordered Schwartz to open the cellphone, and Schwartz complied by placing his thumb on the cellphone.

   Source: United States v. Brown, No. 23-3074 (D.C. Cir. Jan. 17, 2025) (media.cadc.uscourts.gov, checked 2026-10-01)

6. Note whether you are asked to place your own thumb on the phone.

   What the court said: The unlock the D.C. Circuit described in Brown was one where an FBI agent ordered Schwartz to open the cellphone, and Schwartz complied by placing his thumb on it.

   Source: United States v. Brown, No. 23-3074 (D.C. Cir. Jan. 17, 2025) (media.cadc.uscourts.gov, checked 2026-10-01)

7. Note whether an officer, rather than you, is physically using your thumb.

   What the court said: In United States v. Payne, the Ninth Circuit held that the compelled use of Payne’s thumb to unlock his phone (which he had already identified for the officers) was not a testimonial act and that the Fifth Amendment does not apply — and said its opinion should not be read to extend to all instances where a biometric is used to unlock an electronic device.

   Source: United States v. Payne, 99 F.4th 495 (9th Cir. 2024) (cdn.ca9.uscourts.gov, checked 2026-10-01)