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 (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))
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
29(1)[F1Each of the following—U.K.
(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)[F2Subject to sub-paragraph (3A) and paragraph 36], the specified period in relation to a person shall [F3be] 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.
[F4(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, F5. . . a District Judge (Magistrates’ Courts) who is designated for the purpose of this Part [F6by the Lord Chief Justice of England and Wales F7. . . ],
(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 [F8by the Lord Chief Justice of Northern Ireland F7. . . ].
[F9(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).]
Textual Amendments
F1Words 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
F2Words 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
F3Words 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
F4Sch. 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
F5Words 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)
F6Words in Sch. 8 para. 29(4)(a) substituted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), s. 15(1), Sch. 4 para. 290(2)(a); S.I. 2006/1014, art. 2(a), Sch. 1 paras. 10, 11(x)
F7Words 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)
F8Words in Sch. 8 para. 29(4)(c) substituted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), s. 15(1), Sch. 4 para. 290(2)(b); S.I. 2006/1014, art. 2(a), Sch. 1 paras. 10, 11(x)
F9Sch. 8 para. 29(5)(6) inserted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), s. 15(1), Sch. 4 para. 290(2)(c); S.I. 2006/1014, art. 2(a), Sch. 1 paras. 10, 11(x)