Watchdog concludes that it is not always appropriate to ask detailed religious questions of detainees

This article is more than 1 year old

This article is more than 1 year old

Police were “reasonable and proportionate” in arresting 12 innocent people after the Westminster terrorist attack, but should review when it’s right to interrogate suspects about their religious views, an official report has said.

The 12 people were arrested after Khalid Masood first mowed down pedestrians on Westminster Bridge, killing four people, before running into the grounds of parliament before he stabbed PC Keith Palmer to death.

The report into the police investigation by Max Hill QC, the independent reviewer of terrorism legislation, concludes that detectives from Scotland Yard’s counter terrorism command got it right and mounted an “impressive” operation.

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Police officers, under Operation Classific, hunted for any accomplices to the 22 March 2017 attack, which was the first mass casualty terrorist atrocity to strike Britain in over a decade.

Those arrested were mainly British Muslim, though did include Hungarian and Saudi nationals as well as Masood’s wife.

All were released without charge having come under suspicion for reasons ranging from repeated phone or electronic contact with Masood, connection with an address Masood had lived at in Birmingham and placing money in his bank account for professional reasons.

Hill said questioning people about their religion will cause “understandable concern”, but police believed the attack may have been incited by the violent extremist ideology of Islamic State.



Masood sent a document via WhatsApp and an Apple iMessage justifying violence to a number of people while behind the wheel of the vehicle he used to stage the attack. The document contained passages from the Qu’ran and was called “Retaliation”.

Hill said: “Operation Classific did not lead to the arrest and detention of any person based on ethnicity or religion.

“When challenged by me as to why questions about religious belief and adherence were asked during post-arrest interviews, Operation Classific officers pointed to the religious extremist nature of Masood’s views and intention, evidenced in his final communications before crossing Westminster Bridge on 22 March. The police reasonably believed there was a ‘pro-Islamic State’ element to the attack that day.”

The independent reviewer, a barrister by profession, said police should carry out a review: “It does not follow that it would be appropriate to ask detailed religious questions in every case where a Muslim has been arrested on suspicion of [terrorism].

“I therefore recommend, in the interest of clarity, that the police take this opportunity to review training on the circumstances and extent to which such questions will be necessary in future interviews. I accept, however, that questioning detainees about religion or any other matter occurs with careful thought and planning.”

Hill praised the police operation: “It is against that background that Operation Classific amounted to what in my view was an impressive, flexible, fast-moving investigation which appeared to face significant challenges, but which reached fruition over several days, where a longer exercise might have been understandable or expected.”

The security minister, Ben Wallace, said: “Our comprehensive terrorism legislation gives the police the powers they need to investigate terrorist atrocities and we were all witness to their swift and effective work following the Westminster attack.

“We are pleased that Max Hill QC has concluded that the investigation was impressive, flexible and fast-moving.”

Hill said none of the 12 arrested co-operated with his review.</s>A report in the Westminster Bridge terror attack has told police they should review how suspects are questioned about their religion.

Max Hill QC, the independent reviewer of terrorism legislation, made the recommendation in a review of the investigation launched following the Westminster attack in March last year, called Operation Classific.



Twelve people were arrested in the wake of the murderous rampage by Khalid Masood, who was shot dead after killing five people, but they were all released with no further action.



Those arrested included Masood's relatives, friends and people who lived at Birmingham addresses that he had used.



Mr Hill's report found that none of the suspects were arrested on the grounds of their ethnicity or religion, but that some were quizzed about their faith due to Masood's extremist views and support of Islamic State.



He said: "I regard this as providing a justification for the religious context of some of the questions posed in interviews during Operation Classific.



"However, every interview is case specific and it does not follow that it would be appropriate to ask very detailed religious questions in every case where a Muslim has been arrested on suspicion of terrorism-related activity.



"I therefore recommend, in the interest of clarity, that the police take this opportunity to review training on the circumstances and extent to which such questions will be necessary in future interviews.



"I accept, however, that questioning detainees about religion or any other matter occurs with careful thought and planning."



Mr Hill's 44-page assessment also called for "greater thought and clarity" on whether and when it is necessary to transport detainees sometimes hundreds of miles from where they are arrested. Three of the individuals were arrested in Birmingham but questioned in London.



In another finding, the senior barrister recommended that ministers consider giving police the option to release suspects arrested under the Terrorism Act on bail before charge.



Mr Hill concluded that a consequence of the circumstances and pace of the post-attack investigation turned out to be the arrest and detention of 12 people "whom it transpired were not culpable and who were consequently all released without charge and, in police language, NFA'd (no further action)".



The reviewer added: "Having analysed the hour-by-hour events as they unfolded, I conclude that it would be wrong to criticise Op Classific for the number of arrest and detention authorisations.



"Doing the best that I can to recreate the investigation 'in the moment', based upon all of the investigation materials made available to me, it seems to me that each such decision was reasonable and proportionate at the time."



Security Minister Ben Wallace said: "Our comprehensive terrorism legislation gives the police the powers they need to investigate terrorist atrocities and we were all witness to their swift and effective work following the Westminster attack.



"We are pleased that Max Hill QC has concluded that the investigation was impressive, flexible and fast-moving."
A report by Max Hill QC, an independent reviewer of terrorism legislation, reviewing the police response to the March 2017 Westminster attack, concludes that the arrests of 12 people cleared of involvement were appropriate, as was the questioning of them on their religious beliefs.