http://www.legislation.gov.uk/id/ukpga/2000/11/schedule/8

SCHEDULES

C3 C1SCHEDULE 8 Detention

Annotations:

Modifications etc. (not altering text)

Schs. 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 (as amended (31.3.2021) by The Nationality, Immigration and Asylum Act 2002 (Juxtaposed Controls) (Amendment) Order 2021 (S.I. 2021/311), arts. 1(2), 2(7)(b)(ii)(iii))

Sch. 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 I Treatment of persons detained under section 41 F4or 43B or Schedule 7

Annotations:

Amendments (Textual)

Words in Sch. 8 Pt. 1 heading inserted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 184(2)(b), 208(5)(w)

Rights: Scotland

C216

1

A person detained under Schedule 7 or section 41 F2or 43B at a F6place 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.

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 F9place to another, he shall be entitled to exercise the right under sub-paragraph (1) in respect of the F9place to which he is transferred.

4

F8Where a person is detained under Schedule 7 or section 41, 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 F3as mentioned in sub-paragraph (1) shall be entitled to consult a solicitor at any time, without delay.

7

F7Where a person is detained under Schedule 7 or section 41, 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

F5... 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.

F110

A detained person must be informed of the rights under sub-paragraphs (1) and (6) on first being detained.