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Terrorism Act 2000

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Changes to legislation:

Terrorism Act 2000, Section 8 is up to date with all changes known to be in force on or before 17 December 2017. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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Whole provisions yet to be inserted into this Act (including any effects on those provisions):

  • Sch. 4 para. 11(1)(aa) inserted by 2003 c. 44 Sch. 36 para. 14(2)
  • Sch. 4 para. 11(2A) inserted by 2003 c. 44 Sch. 36 para. 14(3)
  • Sch. 4 para. 11(1)(aa) words substituted by 2015 c. 2 Sch. 11 para. 17(2)
  • Sch. 4 para. 11(2A) words substituted by 2015 c. 2 Sch. 11 para. 17(3)
  • Sch. 8 para. 18(4) inserted by 2016 asp 1 sch. 2 para. 37(a)(ii)
  • Sch. 8 para. 14(2A) inserted by 2008 c. 28 s. 16(3) (This amendment not applied to legislation.gov.uk. S. 16 repealed (31.10.2013) by 2012 c. 9, Sch. 10 Pt. 1; S.I. 2013/2104, art. 3(d))
  • Sch. 8 para. 14(4)(ba) inserted by 2008 c. 28 s. 16(5) (This amendment not applied to legislation.gov.uk. S. 16 repealed (31.10.2013) by 2012 c. 9, Sch. 10 Pt. 1; S.I. 2013/2104, art. 3(d))
  • Sch. 8 para. 15(1)(aa) (ab) inserted by 2010 c. 17 s. 17(4)(b) (This amendment not applied to legislation.gov.uk. Ss. 16-19 repealed (31.10.2013) without ever being in force by 2012 c. 9, Sch. 9 para. 4(2), Sch. 10 Pt. 1; S.I. 2013/2104, art. 3(c)(d))
  • Sch. 8 para. 15(2A) inserted by 2010 c. 17 s. 17(7) (This amendment not applied to legislation.gov.uk. Ss. 16-19 repealed (31.10.2013) without ever being in force by 2012 c. 9, Sch. 9 para. 4(2), Sch. 10 Pt. 1; S.I. 2013/2104, art. 3(c)(d))
  • Sch. 8 para. 15(4) inserted by 2010 c. 17 s. 17(8) (This amendment not applied to legislation.gov.uk. Ss. 16-19 repealed (31.10.2013) without ever being in force by 2012 c. 9, Sch. 9 para. 4(2), Sch. 10 Pt. 1; S.I. 2013/2104, art. 3(c)(d))
  • Sch. 8 para. 14-14I substituted for Sch. 8 para. 14 by 2010 c. 17 s. 17(2) (This amendment not applied to legislation.gov.uk. Ss. 16-19 repealed (31.10.2013) without ever being in force by 2012 c. 9, Sch. 9 para. 4(2), Sch. 10 Pt. 1; S.I. 2013/2104, art. 3(c)(d))
  • Sch. 8 para. 20(3)-(3C) substituted for Sch. 8 para. 20(3) by 2010 c. 17 s. 18(2)(a) (This amendment not applied to legislation.gov.uk. Ss. 16-19 repealed (31.10.2013) without ever being in force by 2012 c. 9, Sch. 9 para. 4(2), Sch. 10 Pt. 1; S.I. 2013/2104, art. 3(c)(d))
  • Sch. 8 para. 18(2)(ab)(ac) substituted for word by 2016 asp 1 sch. 2 para. 37(a)(i)
This section has no associated Explanatory Notes

8(1)Subject to sub-paragraph (2), [F1a police 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 [F2serious offence] ,

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

(c)the alerting of persons who are suspected of having committed a [F2serious offence] but who have not been arrested for it,

(d)the hindering of the recovery of property obtained as a result of a [F2serious offence] or in respect of which a forfeiture order could be made under section 23 [F3or 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.

[F4(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)[F5In this paragraph, references to a “serious offence” are F6... to an indictable offence, F6... ; 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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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)

F2Words 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)

F3Words 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)

F4Sch. 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.

F5Words 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)

C1Sch. 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)

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