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


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

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

[F137(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 F2... 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.]


Amendments (Textual)

F1Sch. 8 para. 37 substituted (25.7.2006) by Terrorism Act 2006 (c. 11), s. 23(11) (with (12)); S.I. 2006/1936, art. 2

F2Words in Sch. 8 para. 37(2) repealed (10.7.2012) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 9 para. 26(4), Sch. 10 Pt. 4 (with s. 97); S.I. 2012/1205, art. 4(k)(l)