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Commencement Orders

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Commencement Orders bringing legislation that affects this Act into force:

Section 41 and Schedule 7, para. 6.

SCHEDULE 8E+W+S+N.I. Detention

This schedule has no associated Explanatory Notes
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Modifications etc. (not altering text)

C1Schs. 7, 8, 14 extended (with modifications) (coming into force in accordance with art. 1(2) of the extending S.I.) by The Nationality, Immigration and Asylum Act 2002 (Juxtaposed Controls) Order 2003 (S.I. 2003/2818), art. 11(1)(b), Sch. 2

C2Sch. 8 applied (with modifications) (25.7.2006) by Terrorism Act 2006 (c. 11), s. 25(1)(3)(4); S.I. 2006/1936, art. 2

Part IE+W+S+N.I. Treatment of persons detained under section 41 or Schedule 7

Place of detentionE+W+S+N.I.

1(1)The Secretary of State shall designate places at which persons may be detained under Schedule 7 or section 41.E+W+S+N.I.

(2)In this Schedule a reference to a police station includes a reference to any place which the Secretary of State has designated under sub-paragraph (1) as a place where a person may be detained under section 41.

(3)Where a person is detained under Schedule 7, he may be taken in the custody of an examining officer or of a person acting under an examining officer’s authority to and from any place where his attendance is required for the purpose of—

(a)his examination under that Schedule,

(b)establishing his nationality or citizenship, or

(c)making arrangements for his admission to a country or territory outside the United Kingdom.

(4)A constable who arrests a person under section 41 shall take him as soon as is reasonably practicable to the police station which the constable considers the most appropriate.

(5)In this paragraph “examining officer” has the meaning given in Schedule 7.

(6)Where a person is arrested in one Part of the United Kingdom and all or part of his detention takes place in another Part, the provisions of this Schedule which apply to detention in a particular Part of the United Kingdom apply in relation to him while he is detained in that Part.

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Modifications etc. (not altering text)

C3Sch. 8 paras. 1(6), 2, 6-9, 16-19 applied (with modifications) (11.3.2005) by Prevention of Terrorism Act 2005 (c. 2), s. 5(8)

Commencement Information

I1Sch. 8 para. 1 wholly in force at 19.2.2001; Sch. 8 para. 1 not in force at Royal Assent see s. 128; Sch. 8 para. 1(1) in force at 31.10.2000 by S.I. 2000/2944, art. 2(l)(i); Sch. 8 in force at 19.2.2001 in so far as not already in force by S.I. 2001/421, art. 2

IdentificationE+W+S+N.I.

2(1)An authorised person may take any steps which are reasonably necessary for—E+W+S+N.I.

(a)photographing the detained person,

(b)measuring him, or

(c)identifying him.

(2)In sub-paragraph (1) “authorised person” means any of the following—

(a)a constable,

(b)a prison officer,

(c)a person authorised by the Secretary of State, and

(d)in the case of a person detained under Schedule 7, an examining officer (within the meaning of that Schedule).

(3)This paragraph does not confer the power to take—

(a)fingerprints, non-intimate samples or intimate samples (within the meaning given by paragraph 15 below), or

(b)relevant physical data or samples as mentioned in section 18 of the M1Criminal Procedure (Scotland) Act 1995 as applied by paragraph 20 below.

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Modifications etc. (not altering text)

C4Sch. 8 para. 2 extended (N.I.) (8.4.2003) by Police (Northern Ireland) Act 2003 (c. 6), ss. 30, 31, Sch. 2 Pt. 2 para. 21

C5Sch. 8 paras. 1(6), 2, 6-9, 16-19 applied (with modifications) (11.3.2005) by Prevention of Terrorism Act 2005 (c. 2), s. 5(8)

Marginal Citations

Audio and video recording of interviewsE+W+S+N.I.

3(1)The Secretary of State shall—E+W+S+N.I.

(a)issue a code of practice about the audio recording of interviews to which this paragraph applies, and

(b)make an order requiring the audio recording of interviews to which this paragraph applies in accordance with any relevant code of practice under paragraph (a).

(2)The Secretary of State may make an order requiring the video recording of—

(a)interviews to which this paragraph applies;

(b)interviews to which this paragraph applies which take place in a particular Part of the United Kingdom.

(3)An order under sub-paragraph (2) shall specify whether the video recording which it requires is to be silent or with sound.

(4)Where an order is made under sub-paragraph (2)—

(a)the Secretary of State shall issue a code of practice about the video recording of interviews to which the order applies, and

(b)the order shall require the interviews to be video recorded in accordance with any relevant code of practice under paragraph (a).

(5)Where the Secretary of State has made an order under sub-paragraph (2) requiring certain interviews to be video recorded with sound—

(a)he need not make an order under sub-paragraph (1)(b) in relation to those interviews, but

(b)he may do so.

(6)This paragraph applies to any interview by a constable of a person detained under Schedule 7 or section 41 if the interview takes place in a police station.

(7)A code of practice under this paragraph—

(a)may make provision in relation to a particular Part of the United Kingdom;

(b)may make different provision for different Parts of the United Kingdom.

4(1)This paragraph applies to a code of practice under paragraph 3.E+W+S+N.I.

(2)Where the Secretary of State proposes to issue a code of practice he shall—

(a)publish a draft,

(b)consider any representations made to him about the draft, and

(c)if he thinks it appropriate, modify the draft in the light of any representations made to him.

(3)The Secretary of State shall lay a draft of the code before Parliament.

(4)When the Secretary of State has laid a draft code before Parliament he may bring it into operation by order.

(5)The Secretary of State may revise a code and issue the revised code; and sub-paragraphs (2) to (4) shall apply to a revised code as they apply to an original code.

(6)The failure by a constable to observe a provision of a code shall not of itself make him liable to criminal or civil proceedings.

(7)A code—

(a)shall be admissible in evidence in criminal and civil proceedings, and

(b)shall be taken into account by a court or tribunal in any case in which it appears to the court or tribunal to be relevant.

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Commencement Information

I2Sch. 8 Pt. I para. 4 partly in force; Sch. 8 Pt. I para. 4 not in force at Royal Assent see s. 128; Sch. 8 Pt. I para. 4(1)-(5) in force at 12.10.2000 by S.I. 2000/2800, art. 2(c)(ii); Sch. 8 in force at 19.2.2001 in so far as not already in force by S.I. 2001/421, art. 2

StatusE+W+S+N.I.

5A detained person shall be deemed to be in legal custody throughout the period of his detention.E+W+S+N.I.

Rights: England, Wales and Northern IrelandE+W+S+N.I.

6(1)Subject to paragraph 8, a person detained under Schedule 7 or section 41 at a police station in England, Wales or Northern Ireland shall be entitled, if he so requests, to have one named person informed as soon as is reasonably practicable that he is being detained there.E+W+S+N.I.

(2)The person named must be—

(a)a friend of the detained person,

(b)a relative, or

(c)a person who is known to the detained person or who is likely to take an interest in his welfare.

(3)Where a detained person is transferred from one police station to another, he shall be entitled to exercise the right under this paragraph in respect of the police station to which he is transferred.

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Modifications etc. (not altering text)

C6Sch. 8 paras. 1(6), 2, 6-9, 16-19 applied (with modifications) (11.3.2005) by Prevention of Terrorism Act 2005 (c. 2), s. 5(8)

7(1)Subject to paragraphs 8 and 9, a person detained under Schedule 7 or section 41 at a police station in England, Wales or Northern Ireland shall be entitled, if he so requests, to consult a solicitor as soon as is reasonably practicable, privately and at any time.E+W+S+N.I.

(2)Where a request is made under sub-paragraph (1), the request and the time at which it was made shall be recorded.

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Modifications etc. (not altering text)

C7Sch. 8 paras. 1(6), 2, 6-9, 16-19 applied (with modifications) (11.3.2005) by Prevention of Terrorism Act 2005 (c. 2), s. 5(8)

8(1)Subject to sub-paragraph (2), an officer of at least the rank of superintendent may authorise a delay—E+W+S+N.I.

(a)in informing the person named by a detained person under paragraph 6;

(b)in permitting a detained person to consult a solicitor under paragraph 7.

(2)But where a person is detained under section 41 he must be permitted to exercise his rights under paragraphs 6 and 7 before the end of the period mentioned in subsection (3) of that section.

(3)Subject to sub-paragraph (5), an officer may give an authorisation under sub-paragraph (1) only if he has reasonable grounds for believing—

(a)in the case of an authorisation under sub-paragraph (1)(a), that informing the named person of the detained person’s detention will have any of the consequences specified in sub-paragraph (4), or

(b)in the case of an authorisation under sub-paragraph (1)(b), that the exercise of the right under paragraph 7 at the time when the detained person desires to exercise it will have any of the consequences specified in sub-paragraph (4).

(4)Those consequences are—

(a)interference with or harm to evidence of a [F1serious offence] ,

(b)interference with or physical injury to any person,

(c)the alerting of persons who are suspected of having committed a [F1serious offence] but who have not been arrested for it,

(d)the hindering of the recovery of property obtained as a result of a [F1serious offence] or in respect of which a forfeiture order could be made under section 23 [F2or 23A],

(e)interference with the gathering of information about the commission, preparation or instigation of acts of terrorism,

(f)the alerting of a person and thereby making it more difficult to prevent an act of terrorism, and

(g)the alerting of a person and thereby making it more difficult to secure a person’s apprehension, prosecution or conviction in connection with the commission, preparation or instigation of an act of terrorism.

[F3(5)An officer may also give an authorisation under sub-paragraph (1) if he has reasonable grounds for believing that—

(a)the detained person has benefited from his criminal conduct, and

(b)the recovery of the value of the property constituting the benefit will be hindered by—

(i)informing the named person of the detained person’s detention (in the case of an authorisation under sub-paragraph (1)(a)), or

(ii)the exercise of the right under paragraph 7 (in the case of an authorisation under sub-paragraph (1)(b)).

(5A)For the purposes of sub-paragraph (5) the question whether a person has benefited from his criminal conduct is to be decided in accordance with Part 2 of the Proceeds of Crime Act 2002.]

(6)If an authorisation under sub-paragraph (1) is given orally, the person giving it shall confirm it in writing as soon as is reasonably practicable.

(7)Where an authorisation under sub-paragraph (1) is given—

(a)the detained person shall be told the reason for the delay as soon as is reasonably practicable, and

(b)the reason shall be recorded as soon as is reasonably practicable.

(8)Where the reason for authorising delay ceases to subsist there may be no further delay in permitting the exercise of the right in the absence of a further authorisation under sub-paragraph (1).

(9)[F4In this paragraph, references to a “serious offence” are F5... to an indictable offence, F5... ; but also include—]

(a)an offence under any of the provisions mentioned in section 40(1)(a) of this Act, and

(b)an attempt or conspiracy to commit an offence under any of the provisions mentioned in section 40(1)(a).

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Amendments (Textual)

F1Words in Sch. 8 para. 8(4) substituted (1.1.2006 subject to art. 2(2) of the commencing S.I.) by Serious Organised Crime and Police Act 2005 (c. 15), s. 111, Sch. 7 para. 48(1)(a); S.I. 2005/3495, art. 2(1)(m)

F2Words in Sch. 8 para. 8(4)(d) inserted (18.6.2009) by Counter-Terrorism Act 2008 (c. 28), ss. 39, 100(5), Sch. 3 para. 6 (with s. 101(2)); S.I. 2009/1256, art. 2(c)

F3Sch. 8 para. 8(5)(5A) substituted for Sch. 8 para. 8(5) (24.3.2003 subject to certain provisions in the commencing instruments) by 2002 c. 29, s. 456, Sch. 11 para. 39(2); S.I. 2003/333, art. 2, Sch. (as amended by S.I. 2003/531); S.S.I. 2003/210, art. 2, Sch.

F4Words in Sch. 8 para. 8(9) substituted (1.1.2006 subject to art. 2(2) of the commencing S.I.) by Serious Organised Crime and Police Act 2005 (c. 15), s. 111, Sch. 7 para. 48(1)(b); S.I. 2005/3495, art. 2(1)(m)

Modifications etc. (not altering text)

C8Sch. 8 paras. 1(6), 2, 6-9, 16-19 applied (with modifications) (11.3.2005) by Prevention of Terrorism Act 2005 (c. 2), s. 5(8)

9(1)A direction under this paragraph may provide that a detained person who wishes to exercise the right under paragraph 7 may consult a solicitor only in the sight and hearing of a qualified officer.E+W+S+N.I.

(2)A direction under this paragraph may be given—

(a)where the person is detained at a police station in England or Wales, by an officer of at least the rank of Commander or Assistant Chief Constable, or

(b)where the person is detained at a police station in Northern Ireland, by an officer of at least the rank of Assistant Chief Constable.

[F6(3)A direction under this paragraph may be given only if the officer giving it has reasonable grounds for believing—

(a)that, unless the direction is given, the exercise of the right by the detained person will have any of the consequences specified in paragraph 8(4), or

(b)that the detained person has benefited from his criminal conduct and that, unless the direction is given, the exercise of the right by the detained person will hinder the recovery of the value of the property constituting the benefit.]

(4)In this paragraph “a qualified officer” means a police officer who—

(a)is of at least the rank of inspector,

(b)is of the uniformed branch of the force of which the officer giving the direction is a member, and

(c)in the opinion of the officer giving the direction, has no connection with the detained person’s case.

(5)A direction under this paragraph shall cease to have effect once the reason for giving it ceases to subsist.

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Amendments (Textual)

F6Sch. 8 para. 9(3) substituted (16.2.2009) by Counter-Terrorism Act 2008 (c. 28), ss. 82(1), 100(5) (with s. 101(2)); S.I. 2009/58, art. 2(g)

Modifications etc. (not altering text)

C9Sch. 8 paras. 1(6), 2, 6-9, 16-19 applied (with modifications) (11.3.2005) by Prevention of Terrorism Act 2005 (c. 2), s. 5(8)

10(1) This paragraph applies where a person is detained in England, Wales or Northern Ireland under Schedule 7 or section 41.E+W+S+N.I.

(2)Fingerprints may be taken from the detained person only if they are taken by a constable—

(a)with the appropriate consent given in writing, or

(b)without that consent under sub-paragraph (4).

(3)A non-intimate sample may be taken from the detained person only if it is taken by a constable—

(a)with the appropriate consent given in writing, or

(b)without that consent under sub-paragraph (4).

(4)Fingerprints or a non-intimate sample may be taken from the detained person without the appropriate consent only if—

(a)he is detained at a police station and a police officer of at least the rank of superintendent authorises the fingerprints or sample to be taken, or

(b)he has been convicted of a recordable offence and, where a non-intimate sample is to be taken, he was convicted of the offence on or after 10th April 1995 (or 29th July 1996 where the non-intimate sample is to be taken in Northern Ireland).

(5)An intimate sample may be taken from the detained person only if—

(a)he is detained at a police station,

(b)the appropriate consent is given in writing,

(c)a police officer of at least the rank of superintendent authorises the sample to be taken, and

(d)subject to paragraph 13(2) and (3), the sample is taken by a constable.

(6)[F7Subject to sub-paragraph (6A)] an officer may give an authorisation under sub-paragraph (4)(a) or (5)(c) only if—

(a)in the case of a person detained under section 41, the officer reasonably suspects that the person has been involved in an offence under any of the provisions mentioned in section 40(1)(a), and the officer reasonably believes that the fingerprints or sample will tend to confirm or disprove his involvement, or

(b)in any case, the officer is satisfied that the taking of the fingerprints or sample from the person is necessary in order to assist in determining whether he falls within section 40(1)(b).

[F8(6A)An officer may also give an authorisation under sub-paragraph (4)(a) for the taking of fingerprints if—

(a)he is satisfied that the fingerprints of the detained person will facilitate the ascertainment of that person’s identity; and

(b)that person has refused to identify himself or the officer has reasonable grounds for suspecting that that person is not who he claims to be.

(6B)In this paragraph references to ascertaining a person’s identity include references to showing that he is not a particular person.]

(7)If an authorisation under sub-paragraph (4)(a) or (5)(c) is given orally, the person giving it shall confirm it in writing as soon as is reasonably practicable.

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Amendments (Textual)

F7Words in Sch. 8 para. 10(6) inserted (14.12.2001) by 2001 c. 24, s. 89(2)

F8Sch. 8 para. 10(6A)(6B) inserted (14.12.2001) by 2001 c. 14, s. 89(2)

Modifications etc. (not altering text)

C10Sch. 8 para. 10(2) extended (N.I.) (8.4.2003) by Police (Northern Ireland) Act 2003 (c. 6), ss. 30, 31, Sch. 2 Pt. 2 para. 15

C11Sch. 8 para. 10(3) extended (N.I.) (8.4.2003) by Police (Northern Ireland) Act 2003 (c. 6), ss. 30, 31, Sch. 2 Pt. 2 para. 18

11(1)Before fingerprints or a sample are taken from a person under paragraph 10, he shall be informed—E+W+S+N.I.

(a)that the fingerprints or sample may be used for the purposes of paragraph 14(4), section 63A(1) of the M2Police and Criminal Evidence Act 1984 and Article 63A(1) of the M3Police and Criminal Evidence (Northern Ireland) Order 1989 (checking of fingerprints and samples), and

(b)where the fingerprints or sample are to be taken under paragraph 10(2)(a), (3)(a) or (4)(b), of the reason for taking the fingerprints or sample.

(2)Before fingerprints or a sample are taken from a person upon an authorisation given under paragraph 10(4)(a) or (5)(c), he shall be informed—

(a)that the authorisation has been given,

(b)of the grounds upon which it has been given, and

(c)where relevant, of the nature of the offence in which it is suspected that he has been involved.

(3)After fingerprints or a sample are taken under paragraph 10, there shall be recorded as soon as is reasonably practicable any of the following which apply—

(a)the fact that the person has been informed in accordance with sub-paragraphs (1) and (2),

(b)the reason referred to in sub-paragraph (1)(b),

(c)the authorisation given under paragraph 10(4)(a) or (5)(c),

(d)the grounds upon which that authorisation has been given, and

(e)the fact that the appropriate consent has been given.

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Marginal Citations

12(1)This paragraph applies where—E+W+S+N.I.

(a)two or more non-intimate samples suitable for the same means of analysis have been taken from a person under paragraph 10,

(b)those samples have proved insufficient, and

(c)the person has been released from detention.

(2)An intimate sample may be taken from the person if—

(a)the appropriate consent is given in writing,

(b)a police officer of at least the rank of superintendent authorises the sample to be taken, and

(c)subject to paragraph 13(2) and (3), the sample is taken by a constable.

(3)Paragraphs 10(6) and (7) and 11 shall apply in relation to the taking of an intimate sample under this paragraph; and a reference to a person detained under section 41 shall be taken as a reference to a person who was detained under section 41 when the non-intimate samples mentioned in sub-paragraph (1)(a) were taken.

13(1)Where appropriate written consent to the taking of an intimate sample from a person under paragraph 10 or 12 is refused without good cause, in any proceedings against that person for an offence—E+W+S+N.I.

(a)the court, in determining whether to commit him for trial or whether there is a case to answer, may draw such inferences from the refusal as appear proper, and

(b)the court or jury, in determining whether that person is guilty of the offence charged, may draw such inferences from the refusal as appear proper.

(2)An intimate sample other than a sample of urine or a dental impression may be taken under paragraph 10 or 12 only by a registered medical practitioner acting on the authority of a constable.

(3)An intimate sample which is a dental impression may be taken under paragraph 10 or 12 only by a registered dentist acting on the authority of a constable.

(4)Where a sample of hair other than pubic hair is to be taken under paragraph 10 the sample may be taken either by cutting hairs or by plucking hairs with their roots so long as no more are plucked than the person taking the sample reasonably considers to be necessary for a sufficient sample.

14(1)This paragraph applies to—E+W+S+N.I.

(a)fingerprints or samples taken under paragraph 10 or 12, and

(b)information derived from those samples.

[F9(2)The fingerprints and samples may be retained but shall not be used by any person except for the purposes of a terrorist investigation or for purposes related to the prevention or detection of crime, the investigation of an offence or the conduct of a prosecution.]

(3)In particular, a check may not be made against them under—

(a)section 63A(1) of the M4Police and Criminal Evidence Act 1984 (checking of fingerprints and samples), or

(b)Article 63A(1) of the M5Police and Criminal Evidence (Northern Ireland) Order 1989 (checking of fingerprints and samples),

except for the purpose of a terrorist investigation [F10or for purposes related to the prevention or detection of crime, the investigation of an offence or the conduct of a prosecution.].

(4)The fingerprints, samples or information may be checked, subject to sub-paragraph (2), against—

(a)other fingerprints or samples taken under paragraph 10 or 12 or information derived from those samples,

(b)relevant physical data or samples taken by virtue of paragraph 20,

(c)any of the fingerprints, samples and information mentioned in section 63A(1)(a) and (b) of the M6Police and Criminal Evidence Act 1984 (checking of fingerprints and samples),

(d)any of the fingerprints, samples and information mentioned in Article 63A(1)(a) and (b) of the M7Police and Criminal Evidence (Northern Ireland) Order 1989 (checking of fingerprints and samples), and

[F11(4A)In this paragraph—

(a)a reference to crime includes a reference to any conduct which—

(i)constitutes one or more criminal offences (whether under the law of a part of the United Kingdom or of a country or territory outside the United Kingdom); or

(ii)is, or corresponds to, any conduct which, if it all took place in any one part of the United Kingdom, would constitute one or more criminal offences;

and

(b)the references to an investigation and to a prosecution include references, respectively, to any investigation outside the United Kingdom of any crime or suspected crime and to a prosecution brought in respect of any crime in a country or territory outside the United Kingdom.]

(5)This paragraph (other than sub-paragraph (4)) shall apply to fingerprints or samples taken under section 15(9) of, or paragraph 7(5) of Schedule 5 to, the M8Prevention of Terrorism (Temporary Provisions) Act 1989 and information derived from those samples as it applies to fingerprints or samples taken under paragraph 10 or 12 and the information derived from those samples.

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Amendments (Textual)

F9Sch. 8 para. 14(2) substituted (E.W.N.I.) (11.5.2001) by 2001 c. 16, s. 84(2)

F10Words in Sch. 8 para. 14(3) inserted (E.W.N.I.) (11.5.2001) by 2001 c. 16, s. 84(3)

F11Sch. 8 para. 14(4A) inserted (E.W.N.I.) (11.5.2001) by 2001 c. 16, s. 84(4)

Marginal Citations

15(1)In the application of paragraphs 10 to 14 in relation to a person detained in England or Wales the following expressions shall have the meaning given by section 65 of the M9Police and Criminal Evidence Act 1984 (Part V definitions)—E+W+S+N.I.

(a)appropriate consent”,

(b)fingerprints”,

(c)insufficient”,

(d)intimate sample”,

(e)non-intimate sample”,

(f)registered dentist”, and

(g)sufficient”.

(2)In the application of paragraphs 10 to 14 in relation to a person detained in Northern Ireland the expressions listed in sub-paragraph (1) shall have the meaning given by Article 53 of the M10Police and Criminal Evidence (Northern Ireland) Order 1989 (definitions).

(3)In paragraph 10 “recordable offence” shall have—

(a)in relation to a person detained in England or Wales, the meaning given by section 118(1) of the M11Police and Criminal Evidence Act 1984 (general interpretation), and

(b)in relation to a person detained in Northern Ireland, the meaning given by Article 2(2) of the M12Police and Criminal Evidence (Northern Ireland) Order 1989 (definitions).

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Marginal Citations

Rights: ScotlandE+W+S+N.I.

16(1)A person detained under Schedule 7 or section 41 at a police station in Scotland shall be entitled to have intimation of his detention and of the place where he is being detained sent without delay to a solicitor and to another person named by him.E+W+S+N.I.

(2)The person named must be—

(a)a friend of the detained person,

(b)a relative, or

(c)a person who is known to the detained person or who is likely to take an interest in his welfare.

(3)Where a detained person is transferred from one police station to another, he shall be entitled to exercise the right under sub-paragraph (1) in respect of the police station to which he is transferred.

(4)A police officer not below the rank of superintendent may authorise a delay in making intimation where, in his view, the delay is necessary on one of the grounds mentioned in paragraph 17(3) or where paragraph 17(4) applies.

(5)Where a detained person requests that the intimation be made, there shall be recorded the time when the request is—

(a)made, and

(b)complied with.

(6)A person detained shall be entitled to consult a solicitor at any time, without delay.

(7)A police officer not below the rank of superintendent may authorise a delay in holding the consultation where, in his view, the delay is necessary on one of the grounds mentioned in paragraph 17(3) or where paragraph 17(4) applies.

(8)Subject to paragraph 17, the consultation shall be private.

(9)Where a person is detained under section 41 he must be permitted to exercise his rights under this paragraph before the end of the period mentioned in subsection (3) of that section.

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Modifications etc. (not altering text)

C12Sch. 8 paras. 1(6), 2, 6-9, 16-19 applied (with modifications) (11.3.2005) by Prevention of Terrorism Act 2005 (c. 2), s. 5(8)

17(1)An officer not below the rank of Assistant Chief Constable may direct that the consultation mentioned in paragraph 16(6) shall be in the presence of a uniformed officer not below the rank of inspector if it appears to the officer giving the direction to be necessary on one of the grounds mentioned in sub-paragraph (3).E+W+S+N.I.

(2)A uniformed officer directed to be present during a consultation shall be an officer who, in the opinion of the officer giving the direction, has no connection with the case.

(3)The grounds mentioned in paragraph 16(4) and (7) and in sub-paragraph (1) are—

(a)that it is in the interests of the investigation or prevention of crime;

(b)that it is in the interests of the apprehension, prosecution or conviction of offenders;

(c)that it will further the recovery of property obtained as a result of the commission of an offence or in respect of which a forfeiture order could be made under section 23 [F12or 23A];

(d)that it will further the operation of [F13Part 2 or 3 of the Proceeds of Crime Act 2002] or the M13Proceeds of Crime (Northern Ireland) Order 1996 (confiscation of the proceeds of an offence).

[F14(4)This sub-paragraph applies where an officer mentioned in paragraph 16(4) or (7) has reasonable grounds for believing that—

(a)the detained person has benefited from his criminal conduct, and

(b)the recovery of the value of the property constituting the benefit will be hindered by—

(i)informing the named person of the detained person’s detention (in the case of an authorisation under paragraph 16(4)), or

(ii)the exercise of the entitlement under paragraph 16(6) (in the case of an authorisation under paragraph 16(7)).

(4A)For the purposes of sub-paragraph (4) the question whether a person has benefited from his criminal conduct is to be decided in accordance with Part 3 of the Proceeds of Crime Act 2002.]

(5)Where delay is authorised in the exercising of any of the rights mentioned in paragraph 16(1) and (6)—

(a)if the authorisation is given orally, the person giving it shall confirm it in writing as soon as is reasonably practicable,

(b)the detained person shall be told the reason for the delay as soon as is reasonably practicable, and

(c)the reason shall be recorded as soon as is reasonably practicable.

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Amendments (Textual)

F12Words in Sch. 8 para. 17(3)(c) inserted (18.6.2009) by Counter-Terrorism Act 2008 (c. 28), ss. 39, 100(5), Sch. 3 para. 6 (with s. 101(2)); S.I. 2009/1256, art. 2(c)

F13Words in Sch. 8 para. 17(3)(d) substituted (24.3.2003 subject to certain provisions in the commencing instruments) by 2002 c. 29, s. 456, Sch. 11 para. 39(3); S.I. 2003/333, art. 2, Sch. (as amended by S.I. 2003/531); S.S.I. 2003/210, art. 2, Sch.

F14Sch. 8 para. 17(4)(4A) substituted for Sch. 8 para. 17(4) (24.3.2003 subject to certain provisions in the commencing instruments) by 2002 c. 29, s. 456, Sch. 11 para. 39(4); S.I. 2003/333, art. 2, Sch. (as amended by S.I. 2003/531); S.S.I. 2003/210, art. 2, Sch.

Modifications etc. (not altering text)

C13Sch. 8 paras. 1(6), 2, 6-9, 16-19 applied (with modifications) (11.3.2005) by Prevention of Terrorism Act 2005 (c. 2), s. 5(8)

Marginal Citations

18(1)Paragraphs 16 and 17 shall have effect, in relation to a person detained under section 41 or Schedule 7, in place of any enactment or rule of law under or by virtue of which a person arrested or detained may be entitled to communicate or consult with any other person.E+W+S+N.I.

(2)But, where a person detained under Schedule 7 or section 41 at a police station in Scotland appears to a constable to be a child—

(a)the other person named by the person detained in pursuance of paragraph 16(1) shall be that person’s parent, and

(b)section 15(4) of the M14Criminal Procedure (Scotland) Act 1995 shall apply to the person detained as it applies to a person who appears to a constable to be a child who is being detained as mentioned in paragraph (b) of section 15(1) of that Act,

and in this sub-paragraph “child” and “parent” have the same meaning as in section 15(4) of that Act.

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Modifications etc. (not altering text)

C14Sch. 8 paras. 1(6), 2, 6-9, 16-19 applied (with modifications) (11.3.2005) by Prevention of Terrorism Act 2005 (c. 2), s. 5(8)

Marginal Citations

19The Secretary of State shall, by order, make provision to require that—E+W+S+N.I.

(a)except in such circumstances, and

(b)subject to such conditions,

as may be specified in the order, where a person detained has been permitted to consult a solicitor, the solicitor shall be allowed to be present at any interview carried out in connection with a terrorist investigation or for the purposes of Schedule 7.

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Modifications etc. (not altering text)

C15Sch. 8 paras. 1(6), 2, 6-9, 16-19 applied (with modifications) (11.3.2005) by Prevention of Terrorism Act 2005 (c. 2), s. 5(8)

20(1)Subject to the modifications specified in sub-paragraphs (2) and (3), section 18 of the M15Criminal Procedure (Scotland) Act 1995 (procedure for taking certain prints and samples) shall apply to a person detained under Schedule 7 or section 41 at a police station in Scotland as it applies to a person arrested or a person detained under section 14 of that Act.E+W+S+N.I.

[F15(2)Subject to subsection (2A), a constable may take from a detained person or require a detained person to provide relevant physical data only if—

(a)in the case of a person detained under section 41 of the Terrorism Act 2000, he reasonably suspects that the person has been involved in an offence under any of the provisions mentioned in section 40(1)(a) of that Act and he reasonably believes that the relevant physical data will tend to confirm or disprove his involvement; or

(b)in any case, he is satisfied that it is necessary to do so in order to assist in determining whether the person falls within section 40(1)(b).

(2A)A constable may also take fingerprints from a detained person or require him to provide them if—

(a)he is satisfied that the fingerprints of that person will facilitate the ascertainment of that person’s identity; and

(b)that person has refused to identify himself or the constable has reasonable grounds for suspecting that that person is not who he claims to be.

(2B)In this section references to ascertaining a person’s identity include references to showing that he is not a particular person.’]

[F16(3)Subsections (3) to (5) shall not apply, but any relevant physical data or sample taken in pursuance of section 18 as applied by this paragraph may be retained but shall not be used by any person except for the purposes of a terrorist investigation or for purposes related to the prevention or detection of crime, the investigation of an offence or the conduct of a prosecution.

(4)In this paragraph—

(a)a reference to crime includes a reference to any conduct which—

(i)constitutes one or more criminal offences (whether under the law of a part of the United Kingdom or of a country or territory outside the United Kingdom); or

(ii)is, or corresponds to, any conduct which, if it all took place in any one part of the United Kingdom, would constitute one or more criminal offences; and

(b)the references to an investigation and to a prosecution include references, respectively, to any investigation outside the United Kingdom of any crime or suspected crime and to a prosecution brought in respect of any crime in a country or territory outside the United Kingdom.]

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Amendments (Textual)

F15Sch. 8 para. 20(2)-(2B) substituted for Sch. 8 para. 20(2) (14.12.2001) by 2001 c. 24, s. 89(3)

F16Sch. 8 para. 20(3)(4) substituted for Sch. 8 para. 20(3) (14.12.2001) by 2001 c. 24, s. 89(4)

Marginal Citations

Part IIE+W+S+N.I. Review of detention under section 41

RequirementE+W+S+N.I.

21(1)A person’s detention shall be periodically reviewed by a review officer.E+W+S+N.I.

(2)The first review shall be carried out as soon as is reasonably practicable after the time of the person’s arrest.

(3)Subsequent reviews shall, subject to paragraph 22, be carried out at intervals of not more than 12 hours.

(4)No review of a person’s detention shall be carried out after a warrant extending his detention has been issued under Part III.

PostponementE+W+S+N.I.

22(1)A review may be postponed if at the latest time at which it may be carried out in accordance with paragraph 21—E+W+S+N.I.

(a)the detained person is being questioned by a police officer and an officer is satisfied that an interruption of the questioning to carry out the review would prejudice the investigation in connection with which the person is being detained,

(b)no review officer is readily available, or

(c)it is not practicable for any other reason to carry out the review.

(2)Where a review is postponed it shall be carried out as soon as is reasonably practicable.

(3)For the purposes of ascertaining the time within which the next review is to be carried out, a postponed review shall be deemed to have been carried out at the latest time at which it could have been carried out in accordance with paragraph 21.

Grounds for continued detentionE+W+S+N.I.

23(1)A review officer may authorise a person’s continued detention only if satisfied that it is necessary—E+W+S+N.I.

(a)to obtain relevant evidence whether by questioning him or otherwise,

(b)to preserve relevant evidence,

[F17(ba)pending the result of an examination or analysis of any relevant evidence or of anything the examination or analysis of which is to be or is being carried out with a view to obtaining relevant evidence;]

(c)pending a decision whether to apply to the Secretary of State for a deportation notice to be served on the detained person,

(d)pending the making of an application to the Secretary of State for a deportation notice to be served on the detained person,

(e)pending consideration by the Secretary of State whether to serve a deportation notice on the detained person, or

(f)pending a decision whether the detained person should be charged with an offence.

(2)The review officer shall not authorise continued detention by virtue of sub-paragraph (1)(a) or (b) unless he is satisfied that the investigation in connection with which the person is detained is being conducted diligently and expeditiously.

(3)The review officer shall not authorise continued detention by virtue of sub-paragraph (1)(c) to (f) unless he is satisfied that the process pending the completion of which detention is necessary is being conducted diligently and expeditiously.

(4)In [F18this paragraph]relevant evidence” means evidence which—

(a)relates to the commission by the detained person of an offence under any of the provisions mentioned in section 40(1)(a), or

(b)indicates that the detained person falls within section 40(1)(b).

(5)In sub-paragraph (1) “deportation notice” means notice of a decision to make a deportation order under the Immigration Act 1971.

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Amendments (Textual)

F17Sch. 8 para. 23(1)(ba) inserted (25.7.2006) by Terrorism Act 2006 (c. 11), s. 24(1) (with s. 24(6)); S.I. 2006/1936, art. 2

F18Words in Sch. 8 para. 23(4) substituted (25.7.2006) by Terrorism Act 2006 (c. 11), s. 24(4) (with s. 24(6)); S.I. 2006/1936, art. 2

Review officerE+W+S+N.I.

24(1)The review officer shall be an officer who has not been directly involved in the investigation in connection with which the person is detained.E+W+S+N.I.

(2)In the case of a review carried out within the period of 24 hours beginning with the time of arrest, the review officer shall be an officer of at least the rank of inspector.

(3)In the case of any other review, the review officer shall be an officer of at least the rank of superintendent.

25(1)This paragraph applies where—E+W+S+N.I.

(a)the review officer is of a rank lower than superintendent,

(b)an officer of higher rank than the review officer gives directions relating to the detained person, and

(c)those directions are at variance with the performance by the review officer of a duty imposed on him under this Schedule.

(2)The review officer shall refer the matter at once to an officer of at least the rank of superintendent.

RepresentationsE+W+S+N.I.

26(1)Before determining whether to authorise a person’s continued detention, a review officer shall give either of the following persons an opportunity to make representations about the detention—E+W+S+N.I.

(a)the detained person, or

(b)a solicitor representing him who is available at the time of the review.

(2)Representations may be oral or written.

(3)A review officer may refuse to hear oral representations from the detained person if he considers that he is unfit to make representations because of his condition or behaviour.

RightsE+W+S+N.I.

27(1)Where a review officer authorises continued detention he shall inform the detained person—E+W+S+N.I.

(a)of any of his rights under paragraphs 6 and 7 which he has not yet exercised, and

(b)if the exercise of any of his rights under either of those paragraphs is being delayed in accordance with the provisions of paragraph 8, of the fact that it is being so delayed.

(2)Where a review of a person’s detention is being carried out at a time when his exercise of a right under either of those paragraphs 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 in his opinion the reason or reasons have ceased to subsist, he shall inform the officer who authorised the delay of his opinion (unless he was that officer).

(3)In the application of this paragraph to Scotland, for the references to paragraphs 6, 7 and 8 substitute references to paragraph 16.

(4)The following provisions (requirement to bring an accused person before the court after his arrest) shall not apply to a person detained under section 41—

(a)section 135(3) of the M16Criminal Procedure (Scotland) Act 1995, and

(b)Article 8(1) of the M17Criminal Justice (Children) (Northern Ireland) Order 1998.

(5)Section 22(1) of the M18Criminal Procedure (Scotland) Act 1995 (interim liberation by officer in charge of police station) shall not apply to a person detained under section 41.

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Marginal Citations

RecordE+W+S+N.I.

28(1)A review officer carrying out a review shall make a written record of the outcome of the review and of any of the following which apply—E+W+S+N.I.

(a)the grounds upon which continued detention is authorised,

(b)the reason for postponement of the review,

(c)the fact that the detained person has been informed as required under paragraph 27(1),

(d)the officer’s conclusion on the matter considered under paragraph 27(2)(a),

(e)the fact that he has taken action under paragraph 27(2)(b), and

(f)the fact that the detained person is being detained by virtue of section 41(5) or (6).

(2)The review officer shall—

(a)make the record in the presence of the detained person, and

(b)inform him at that time whether the review officer is authorising continued detention, and if he is, of his grounds.

(3)Sub-paragraph (2) shall not apply where, at the time when the record is made, the detained person is—

(a)incapable of understanding what is said to him,

(b)violent or likely to become violent, or

(c)in urgent need of medical attention.

Part IIIE+W+S+N.I. Extension of detention under section 41

Warrants of further detentionE+W+S+N.I.

29(1)[F19Each of the following—E+W+S+N.I.

(a)in England and Wales, a Crown Prosecutor,

(b)in Scotland, the Lord Advocate or a procurator fiscal,

(c)in Northern Ireland, the Director of Public Prosecutions for Northern Ireland,

(d)in any part of the United Kingdom, a police officer of at least the rank of superintendent,

may] apply to a judicial authority for the issue of a warrant of further detention under this Part.

(2)A warrant of further detention—

(a)shall authorise the further detention under section 41 of a specified person for a specified period, and

(b)shall state the time at which it is issued.

(3)[F20Subject to sub-paragraph (3A) and paragraph 36], the specified period in relation to a person shall [F21be] the period of seven days beginning—

(a)with the time of his arrest under section 41, or

(b)if he was being detained under Schedule 7 when he was arrested under section 41, with the time when his examination under that Schedule began.

[F22(3A)A judicial authority may issue a warrant of further detention in relation to a person which specifies a shorter period as the period for which that person's further detention is authorised if—

(a)the application for the warrant is an application for a warrant specifying a shorter period; or

(b)the judicial authority is satisfied that there are circumstances that would make it inappropriate for the specified period to be as long as the period of seven days mentioned in sub-paragraph (3).]

(4)In this Part “judicial authority” means—

(a)in England and Wales, F23. . . a District Judge (Magistrates’ Courts) who is designated for the purpose of this Part [F24by the Lord Chief Justice of England and Wales F25. . . ],

(b)in Scotland, the sheriff, and

(c)in Northern Ireland, a county court judge, or a resident magistrate who is designated for the purpose of this Part [F26by the Lord Chief Justice of Northern Ireland F25. . . ].

[F27(5)The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under sub-paragraph (4)(a).

(6)The Lord Chief Justice of Northern Ireland may nominate any of the following to exercise his functions under sub-paragraph (4)(c)—

(a)the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002;

(b)a Lord Justice of Appeal (as defined in section 88 of that Act).]

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Amendments (Textual)

F19Words in Sch. 8 para. 29(1) substituted (25.7.2006) by Terrorism Act 2006 (c. 11), s. 23(2) (with (12)); S.I. 2006/1936, art. 2

F20Words in Sch. 8 para. 29(3) substituted (25.7.2006) by Terrorism Act 2006 (c. 11), s. 23(3)(a) (with (12)); S.I. 2006/1936, art. 2

F21Words in Sch. 8 para. 29(3) substituted (25.7.2006) by Terrorism Act 2006 (c. 11), s. 23(3)(b) (with (12)); S.I. 2006/1936, art. 2

F22Sch. 8 para. 29(3A) inserted (25.7.2006) by Terrorism Act 2006 (c. 11), s. 23(4) (with (12)); S.I. 2006/1936, art. 2

F23Words in Sch. 8 para. 29(4)(a) repealed (1.4.2005) by Courts Act 2003 (c. 39), s. 109(1)(3), Sch. 8 para. 391, Sch. 10; S.I. 2005/910, art. 3(y)(bb)

F25Words in Sch. 8 para. 29(4)(a)(c) repealed (16.2.2009) by Counter-Terrorism Act 2008 (c. 28), ss. 82(2), 99, 100(5), Sch. 9 Pt. 6 (with s. 101(2)); S.I. 2009/58, art. 2(g)

Time limitE+W+S+N.I.

30(1)An application for a warrant shall be made—E+W+S+N.I.

(a)during the period mentioned in section 41(3), or

(b)within six hours of the end of that period.

(2)The judicial authority hearing an application made by virtue of sub-paragraph (1)(b) shall dismiss the application if he considers that it would have been reasonably practicable to make it during the period mentioned in section 41(3).

(3)For the purposes of this Schedule, an application for a warrant is made when written or oral notice of an intention to make the application is given to a judicial authority.

NoticeE+W+S+N.I.

31An application for a warrant may not be heard unless the person to whom it relates has been given a notice stating—E+W+S+N.I.

(a)that the application has been made,

(b)the time at which the application was made,

(c)the time at which it is to be heard, and

(d)the grounds upon which further detention is sought.

Grounds for extensionE+W+S+N.I.

32(1)A judicial authority may issue a warrant of further detention only if satisfied that—E+W+S+N.I.

(a)there are reasonable grounds for believing that the further detention of the person to whom the application relates is necessary [F28as mentioned in sub-paragraph (1A)] , and

(b)the investigation in connection with which the person is detained is being conducted diligently and expeditiously.

[F29(1A)The further detention of a person is necessary as mentioned in this sub-paragraph if it is necessary—

(a)to obtain relevant evidence whether by questioning him or otherwise;

(b)to preserve relevant evidence; or

(c)pending the result of an examination or analysis of any relevant evidence or of anything the examination or analysis of which is to be or is being carried out with a view to obtaining relevant evidence.]

(2)In [F30this paragraph]relevant evidence” means, in relation to the person to whom the application relates, evidence which—

(a)relates to his commission of an offence under any of the provisions mentioned in section 40(1)(a), or

(b)indicates that he is a person falling within section 40(1)(b).

Annotations: Help about Annotation
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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F28Words in Sch. 8 para. 32(1) substituted (25.7.2006) by Terrorism Act 2006 (c. 11), s. 24(2) (with (6)); S.I. 2006/1936, art. 2

F29Sch. 8 para. 32(1A) inserted (25.7.2006) by Terrorism Act 2006 (c. 11), s. 24(3) (with (6)); S.I. 2006/1936, art. 2

F30Words in Sch. 8 para. 32(2) substituted (25.7.2006) by Terrorism Act 2006 (c. 11), s. 24(5) (with (6)); S.I. 2006/1936, art. 2

RepresentationE+W+S+N.I.

33(1)The person to whom an application relates shall—E+W+S+N.I.

(a)be given an opportunity to make oral or written representations to the judicial authority about the application, and

(b)subject to sub-paragraph (3), be entitled to be legally represented at the hearing.

(2)A judicial authority shall adjourn the hearing of an application to enable the person to whom the application relates to obtain legal representation where—

(a)he is not legally represented,

(b)he is entitled to be legally represented, and

(c)he wishes to be so represented.

(3)A judicial authority may exclude any of the following persons from any part of the hearing—

(a)the person to whom the application relates;

(b)anyone representing him.

[F31(4)A judicial authority may, after giving an opportunity for representations to be made by or on behalf of the applicant and the person to whom the application relates, direct—

(a)that the hearing of the application must be conducted, and

(b)that all representations by or on behalf of a person for the purposes of the hearing must be made,

by such means (whether a live television link or other means) falling within sub-paragraph (5) as may be specified in the direction and not in the presence (apart from by those means) of the applicant, of the person to whom the application relates or of any legal representative of that person.

(5)A means of conducting the hearing and of making representations falls within this sub-paragraph if it allows the person to whom the application relates and any legal representative of his (without being present at the hearing and to the extent that they are not excluded from it under sub-paragraph (3))—

(a)to see and hear the judicial authority and the making of representations to it by other persons; and

(b)to be seen and heard by the judicial authority.

(6)If the person to whom the application relates wishes to make representations about whether a direction should be given under sub-paragraph (4), he must do so by using the facilities that will be used if the judicial authority decides to give a direction under that sub-paragraph.

(7)Sub-paragraph (2) applies to the hearing of representations about whether a direction should be given under sub-paragraph (4) in the case of any application as it applies to a hearing of the application.

(8)A judicial authority shall not give a direction under sub-paragraph (4) unless—

(a)it has been notified by the Secretary of State that facilities are available at the place where the person to whom the application relates is held for the judicial authority to conduct a hearing by means falling within sub-paragraph (5); and

(b)that notification has not been withdrawn.

(9)If in a case where it has power to do so a judicial authority decides not to give a direction under sub-paragraph (4), it shall state its reasons for not giving it.]

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F31Sch. 8 paras. 33(4)-(9) inserted (E.W.N.I.) (1.8.2001) by 2001 c. 16, s. 75; S.I. 2001/2223, art. 3(d)

InformationE+W+S+N.I.

34(1)The [F32person] who has made an application for a warrant may apply to the judicial authority for an order that specified information upon which he intends to rely be withheld from—E+W+S+N.I.

(a)the person to whom the application relates, and

(b)anyone representing him.

(2)Subject to sub-paragraph (3), a judicial authority may make an order under sub-paragraph (1) in relation to specified information only if satisfied that there are reasonable grounds for believing that if the information were disclosed—

(a)evidence of an offence under any of the provisions mentioned in section 40(1)(a) would be interfered with or harmed,

(b)the recovery of property obtained as a result of an offence under any of those provisions would be hindered,

(c)the recovery of property in respect of which a forfeiture order could be made under section 23 [F33or 23A] would be hindered,

(d)the apprehension, prosecution or conviction of a person who is suspected of falling within section 40(1)(a) or (b) would be made more difficult as a result of his being alerted,

(e)the prevention of an act of terrorism would be made more difficult as a result of a person being alerted,

(f)the gathering of information about the commission, preparation or instigation of an act of terrorism would be interfered with, or

(g)a person would be interfered with or physically injured.

[F34(3)A judicial authority may also make an order under sub-paragraph (1) in relation to specified information if satisfied that there are reasonable grounds for believing that—

(a)the detained person has benefited from his criminal conduct, and

(b)the recovery of the value of the property constituting the benefit would be hindered if the information were disclosed.

(3A)For the purposes of sub-paragraph (3) the question whether a person has benefited from his criminal conduct is to be decided in accordance with Part 2 or 3 of the Proceeds of Crime Act 2002.]

(4)The judicial authority shall direct that the following be excluded from the hearing of the application under this paragraph—

(a)the person to whom the application for a warrant relates, and

(b)anyone representing him.

Annotations: Help about Annotation
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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F32Word in Sch. 8 para. 34(1) substituted (25.7.2006) by Terrorism Act 2006 (c. 11), s. 23(5); S.I. 2006/1936, art. 2

F33Words in Sch. 8 para. 34(2)(c) inserted (18.6.2009) by Counter-Terrorism Act 2008 (c. 28), ss. 39, 100(5), Sch. 3 para. 6 (with s. 101(2)); S.I. 2009/1256, art. 2(c)

F34Sch. 8 para. 34(3)(3A) substituted for Sch. 8 para. 34(3) (24.3.2003 subject to certain provisions in the commencing instruments) by 2002 c. 29, s. 456, Sch. 11 para. 39(5); S.I. 2003/333, art. 2, Sch. (as amended by S.I. 2003/531); S.S.I. 2003/210, art. 2, Sch.

AdjournmentsE+W+S+N.I.

35(1)A judicial authority may adjourn the hearing of an application for a warrant only if the hearing is adjourned to a date before the expiry of the period mentioned in section 41(3).E+W+S+N.I.

(2)This paragraph shall not apply to an adjournment under paragraph 33(2).

Extensions of warrantsE+W+S+N.I.

36[F35(1)Each of the following—E+W+S+N.I.

(a)in England and Wales, a Crown Prosecutor,

(b)in Scotland, the Lord Advocate or a procurator fiscal,

(c)in Northern Ireland, the Director of Public Prosecutions for Northern Ireland,

(d)in any part of the United Kingdom, a police officer of at least the rank of superintendent,

may] apply F36. . . for the extension or further extension of the period specified in a warrant of further detention.

[F37(1A)The person to whom an application under sub-paragraph (1) may be made is—

(a)in the case of an application falling within sub-paragraph (1B), a judicial authority; and

(b)in any other case, a senior judge.

(1B)An application for the extension or further extension of a period falls within this sub-paragraph if—

(a)the grant of the application otherwise than in accordance with sub-paragraph (3AA)(b) would extend that period to a time that is no more than fourteen days after the relevant time; and

(b)no application has previously been made to a senior judge in respect of that period.]

(2)Where the period specified is extended, the warrant shall be endorsed with a note stating the new specified period.

[F38(3)Subject to sub-paragraph (3AA), the period by which the specified period is extended or further extended shall be the period which—

(a)begins with the time specified in sub-paragraph (3A); and

(b)ends with whichever is the earlier of—

(i)the end of the period of seven days beginning with that time; and

(ii)the end of the period of 28 days beginning with the relevant time.

(3A)The time referred to in sub-paragraph (3)(a) is—

(a)in the case of a warrant specifying a period which has not previously been extended under this paragraph, the end of the period specified in the warrant, and

(b)in any other case, the end of the period for which the period specified in the warrant was last extended under this paragraph.

(3AA)A judicial authority or senior judge may extend or further extend the period specified in a warrant by a shorter period than is required by sub-paragraph (3) if—

(a)the application for the extension is an application for an extension by a period that is shorter than is so required; or

(b)the judicial authority or senior judge is satisfied that there are circumstances that would make it inappropriate for the period of the extension to be as long as the period so required.]

[F39(3B) In this paragraph “ the relevant time ”, in relation to a person, means—

(a)the time of his arrest under section 41, or

(b)if he was being detained under Schedule 7 when he was arrested under section 41, the time when his examination under that Schedule began.]

(4)Paragraphs 30(3) and 31 to 34 shall apply to an application under this paragraph as they apply to an application for a warrant of further detention[F40 but, in relation to an application made by virtue of sub-paragraph (1A)(b) to a senior judge, as if—

(a)references to a judicial authority were references to a senior judge; and

(b)references to the judicial authority in question were references to the senior judge in question.]

(5)A judicial authority [F41or senior judge] may adjourn the hearing of an application under sub-paragraph (1) only if the hearing is adjourned to a date before the expiry of the period specified in the warrant.

(6)Sub-paragraph (5) shall not apply to an adjournment under paragraph 33(2).

[F42(7) In this paragraph and paragraph 37 “ senior judge ” means a judge of the High Court or of the High Court of Justiciary. ]

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F35Words in Sch. 8 para. 36(1) substituted (25.7.2006) by Terrorism Act 2006 (c. 11), s. 23(2) (with (12)); S.I. 2006/1936, art. 2

F36Words in Sch. 8 para. 36(1) repealed (25.7.2006) by Terrorism Act 2006 (c. 11), ss. {23(6)}, 37, {Sch. 3} (with s. 23(12)); S.I. 2006/1936, art. 2

F37Sch. 8 para. 36(1A)(1B) inserted (25.7.2006) by Terrorism Act 2006 (c. 11), s. 23(6) (with (12)); S.I. 2006/1936, art. 2

F38Sch. 8 para. 36(3)-(3AA) substituted for Sch. 8 para. 36(3)(3A) (25.7.2006) by Terrorism Act 2006 (c. 11), s. 23(7) (with (12)); S.I. 2006/1936, art. 2

F39Sch. 8 para. 36(3A)(3B) inserted (20.1.2004) by Criminal Justice Act 2003 (c. 44), s. 306(4); S.I. 2004/81, art. 2(2) (with art. 2(8))

F40Words in Sch. 8 para. 36(4) inserted (25.7.2006) by Terrorism Act 2006 (c. 11), s. 23(8) (with (12)); S.I. 2006/1936, art. 2

F41Words in Sch. 8 para. 36(5) inserted (25.7.2006) by Terrorism Act 2006 (c. 11), s. 23(9) (with (12)); S.I. 2006/1936, art. 2

F42Sch. 8 para. 36(7) inserted (25.7.2006) by Terrorism Act 2006 (c. 11), s. 23(10) (with (12)); S.I. 2006/1936, art. 2

Modifications etc. (not altering text)

C16S. 36 extended (E.W.) (2.12.2002) by 2002 c. 30, s. 38, Sch. 4 Pt. 1 para. 14; S.I. 2002/2750, art. 2(a)(ii)(d)

Detention - conditionsE+W+S+N.I.

[F4337(1)This paragraph applies where—E+W+S+N.I.

(a)a person (“the detained person”) is detained by virtue of a warrant issued under this Part of this Schedule; and

(b)his detention is not authorised by virtue of section 41(5) or (6) or otherwise apart from the warrant.

(2)If it at any time appears to the police officer or other person in charge of the detained person's case that any of the matters mentioned in paragraph 32(1)(a) and (b) on which the judicial authority or senior judge last authorised his further detention no longer apply, he must—

(a)if he has custody of the detained person, release him immediately; and

(b)if he does not, immediately inform the person who does have custody of the detained person that those matters no longer apply in the detained person's case.

(3)A person with custody of the detained person who is informed in accordance with this paragraph that those matters no longer apply in his case must release that person immediately.]

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F43Sch. 8 para. 37 substituted (25.7.2006) by Terrorism Act 2006 (c. 11), s. 23(11) (with (12)); S.I. 2006/1936, art. 2

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