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The Police and Criminal Evidence (Northern Ireland) Order 1989

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This is the original version (as it was originally made).

Extension of warrants of further detention

45.—(1) On a complaint made in writing by a constable and substantiated on oath, a magistrates' court may extend a warrant of further detention issued under Article 44 if it is satisfied that there are reasonable grounds for believing that the further detention of the person to whom the complaint relates is justified.

(2) Subject to paragraph (3), the period for which a warrant of further detention may be extended shall be such period as the court thinks fit, having regard to the evidence before it.

(3) The period shall not—

(a)be longer than 36 hours; or

(b)end later than 96 hours after the relevant time.

(4) Where a warrant of further detention has been extended under paragraph (1), or further extended under this paragraph, for a period ending before 96 hours after the relevant time, on a complaint such as is mentioned in that paragraph a magistrates' court may further extend the warrant if it is satisfied as there mentioned; and paragraphs (2) and (3) apply to such further extensions as they apply to extensions under paragraph (1).

(5) A warrant of further detention shall, if extended or further extended under this Article, be endorsed with a note of the period of the extension.

(6) Paragraphs (2), (3), (13) and (19) of Article 44 shall apply to a complaint made under this Article as they apply to a complaint made under that Article.

(7) Where a complaint under this Article is dismissed, the person to whom the complaint relates shall forthwith be charged or, subject to paragraph (8), released, either on bail or without bail.

(8) A person need not be released under paragraph (7) before the expiry of any period for which a warrant of further detention issued in relation to him has been extended or further extended on an earlier complaint made under this Article.

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