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)(i))
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
36(1)A police officer of at least the rank of superintendent may apply to a judicial authority for the extension or further extension of the period specified in a warrant of further detention.
(2)Where the period specified is extended, the warrant shall be endorsed with a note stating the new specified period.
(3)[F1Subject to sub-paragraph (3A),] the specified period shall end not later than the end of the period of seven days [F2beginning with the relevant time].
[F3(3A)Where the period specified in a warrant of further detention—
(a)ends at the end of the period of seven days beginning with the relevant time, or
(b)by virtue of a previous extension (or further extension) under this sub-paragraph, ends after the end of that period,
the specified period may, on an application under this paragraph, be extended or further extended to a period ending not later than the end of the period of fourteen days beginning with the relevant time.
(3B)In this paragraph “the relevant time”, in relation to a person, means—
(a)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, the time when his examination under that Schedule began.]
(4)Paragraphs 30(3) and 31 to 34 shall apply to an application under this paragraph as they apply to an application for a warrant of further detention.
(5)A judicial authority may adjourn the hearing of an application under sub-paragraph (1) only if the hearing is adjourned to a date before the expiry of the period specified in the warrant.
(6)Sub-paragraph (5) shall not apply to an adjournment under paragraph 33(2).
Textual Amendments
F1Words in Sch. 8 para. 36(3) inserted (20.1.2004) by Criminal Justice Act 2003 (c. 44), s. 306(3)(a); S.I. 2004/81, art. 2(2) (with art. 2(8))
F2Words in Sch. 8 para. 36(3) substituted (20.1.2004) by Criminal Justice Act 2003 (c. 44), s. 306(3)(b); S.I. 2004/81, art. 2(2) (with art. 2(8))
F3Sch. 8 para. 36(3A)(3B) inserted (20.1.2004) by Criminal Justice Act 2003 (c. 44), s. 306(4); S.I. 2004/81, art. 2(2) (with art. 2(8))
Modifications etc. (not altering text)
C3S. 36 extended (E.W.) (2.12.2002) by 2002 c. 30, s. 38, Sch. 4 Pt. 1 para. 14; S.I. 2002/2750, art. 2(a)(ii)(d)