Terrorism Act 2000 Explanatory Notes

Part III: Extension of detention under section 41

Paragraph 29: Warrants of further detention

134.This paragraph provides that a police officer of at least the rank of superintendent may apply for a warrant of further detention in respect of an arrest under section 41. The application will be made to a judicial authority as defined by sub-paragraph (4). A warrant issued by the judicial authority will authorise the detention of a specific person for a specified period of time, with the maximum detention period being seven days from the time of arrest under section 41, or from the time when his examination under Schedule 7 began, whichever is earlier.

Paragraph 30: Time limit

135.This paragraph makes provision for an application to be made either within the 48-hour period specified in section 41(3) or within six hours of the end of that period. Where an application is made within this six-hour period the judicial authority will dismiss the application, if he thinks it could reasonably have been made before the 48-hour period expired.

Paragraph 31: Notice

136.This paragraph provides that an individual to whom an application for further detention applies must be notified that an application has been made, the time at which it is to be heard, and the grounds on which further detention is sought.

Paragraph 34: Information

137.This paragraph further provides that information about the application may be withheld from the individual or anyone representing him in certain circumstances.

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