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Northern Ireland (Emergency Provisions) Act 1996 (repealed)

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Changes over time for: Section 9

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Version Superseded: 26/08/1996

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9(1)The Secretary of State may at any time refer the case of a person detained under a detention order to an Adviser and, if so requested in writing in accordance with sub-paragraph (2) by a person so detained, shall do so within fourteen days beginning with the receipt of the request.

(2)A person detained under a detention order shall not be entitled to make a request for the purposes of sub-paragraph (1)—

(a)before the expiry of the period of one year beginning with the date of the detention order; or

(b)within a period of six months from the date of the last notification under sub-paragraph (5) below.

(3)On any reference under this paragraph, an Adviser shall consider the case and report to the Secretary of State whether or not the person’s continued detention is necessary for the protection of the public.

(4)Paragraphs 6(3) and 7(2) to (4) shall apply for the purposes of a reference under this paragraph as they apply for the purposes of a reference under paragraph 5.

(5)Where a case is referred to an Adviser in consequence of a request made in accordance with this paragraph, the Secretary of State shall, after receiving the report of the Adviser, reconsider the case of the person to whom it relates and, if he decides not to release that person, shall notify him of his decision.

(6)A notification under sub-paragraph (5) shall be by notice in writing and signed by the Secretary of State.

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