At Westminster Magistrates' Court, Mr Stephen Lennon was acquitted of a charge under Schedule 7 of the Terrorism Act 2000 ('the TA'). Lennon is also known as "Tommy Robinson."
It was alleged that, on 28 July 2024 at the Channel Tunnel he failed to comply with a duty imposed under or by virtue of Schedule 7 of the TA in that he failed to provide the PIN access code to his mobile telephone.
Full details of the case are set out in the remarks of District Judge (Magistrates’ Courts) Goozée - see Judiciary R v Stephen Lennon.
The judge set out the relevant law at paragraphs 7 to 22 of his remarks.
Schedule 7
Paragraph 2 of Schedule 7 permits an "examining officer" to question a person to whom this paragraph applies for the purpose of determining whether he appears to be a person falling within section 40(1)(b).
Section 40(1)(b) states - 'is or has been concerned in the commission, preparation or instigation of acts of terrorism.'
Code of Practice
The government has recognised that Schedule 7 provides counter-terrorism Police with an exceptional power and a Code of Practice sets out the processes and safeguards governing the exercise of the power.
Here is a link to the Code of Practice in force at the time of Lennon's arrest.
Earlier this year, the government conducted a consultation with a view to amending the Code - (see HERE). The consultation was brief - from 17 March and 27 April. The government responded on 23 June 2025 - (HERE).
The latest Code of Practice - published October 2025 - is HERE.
Use of Schedule 7
The Code of Practice points to "selection criteria" - i.e. who to choose for examination under Schedule 7.
The Code notes that 'although the selection of a person for examination is not conditional upon the examining officer having grounds to suspect that person of being engaged in terrorism, the decision to select a person for examination must not be arbitrary.' [My emphasis].
'An examining officer’s decision to select a person for examination must be informed by the threat from terrorism to the United Kingdom and its interests posed by the various terrorist groups, networks and individuals active in and outside the United Kingdom.'
'It is not appropriate for race, ethnic background, religion and/or other “protected characteristics” (whether separately or together) to be used as criteria for selection except to the extent that they are used in association with considerations that relate to the threat from terrorism.'
'Considerations that relate to the threat from terrorism include factors such as, but not exclusively:
a. Known and suspected sources of terrorism;
b. Persons, organisations or groups whose current or past involvement in acts or threats of terrorism is known or suspected, and supporters or sponsors of such activity who are known or suspected;
c. Any information on the origins and/or location of terrorist groups;
d. Possible current, emerging and future terrorist activity;
e. The means of travel (and documentation) that a group or persons involved in terrorist activity could use;
f. Patterns of travel through specific ports or in the wider vicinity that may be linked to terrorist activity; or appear unusual for the intended destination;
g. Observation of a person’s behaviour; and/or
h. Referrals made to examining officers by other security, transport or enforcement bodies.
Lennon's case
The District Judge concluded by saying -
Links
Independent Reviewer of Terrorism legislation
Beghal [2025] UKSC 49
David Miranda [2016] EWCA Civ 6
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