SCHEDULES

SCHEDULE 8 U.K. Detention

Modifications etc. (not altering text)

C1 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))

C2 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 U.K. Treatment of persons detained under section 41 [F1 or 43B] or Schedule 7

Textual Amendments

F1 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)

Identification U.K.

2 [F2 (A1) This paragraph applies in the case of a person detained under Schedule 7 or section 41.] U.K.

(1) An authorised person may take any steps which are reasonably necessary for—

(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 F3 ....

(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 M1 Criminal Procedure (Scotland) Act 1995 as applied by paragraph 20 below.

Textual Amendments

F2 Sch. 8 para. 2(A1) inserted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 184(2)(d), 208(5)(w)

F3 Words in Sch. 8 para. 2(2)(d) omitted (31.7.2014) by virtue of Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), s. 185(1), Sch. 9 para. 5(3) (with ss. 21, 33, 42, 58, 75, 93); S.I. 2014/1916, art. 3(b)

Modifications etc. (not altering text)

C3 Sch. 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

C4 Sch. 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

M1 1995 c. 46.