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Prevention of Terrorism (Temporary Provisions) Act 1989

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This is the original version (as it was originally enacted).

Rights of detained persons

7(1)Where the review officer authorises a person’s continued detention and at that time that person has not yet exercised a right conferred on him by section 56 or 58 of the [1984 c. 60.] Police and Criminal Evidence Act 1984 (right of arrested person to have someone informed and to have access to legal advice) the review officer shall inform him of that right and, if its exercise is being delayed in accordance with the provisions of the section in question, that it is being so delayed.

(2)Where a review of a person’s detention is carried out under paragraph 1 or 3 above at a time when his exercise of a right conferred by either of those sections is being delayed—

(a)the review officer shall consider whether the reason or reasons for which the delay was authorised continue to subsist; and

(b)if he is not himself the officer who authorised the delay and is of the opinion that the reason or reasons have ceased to subsist, he shall inform that officer of his opinion.

(3)In the application of this paragraph to Scotland for the references to sections 56 and 58 of the said Act of 1984 there shall be substituted a reference to section 3A of the [1980 c. 62.] Criminal Justice (Scotland) Act 1980.

(4)In the application of this paragraph to Northern Ireland for the references to sections 56 and 58 of the said Act of 1984 there shall be substituted references to sections 14 and 15 of the [1987 c. 30.] Northern Ireland (Emergency Provisions) Act 1987.

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