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Part VE+W+S+N.I. Counter-terrorist Powers

Suspected terroristsE+W+S+N.I.

41 Arrest without warrant.E+W+S+N.I.

(1)A constable may arrest without a warrant a person whom he reasonably suspects to be a terrorist.

(2)Where a person is arrested under this section the provisions of Schedule 8 (detention: treatment, review and extension) shall apply.

(3)Subject to subsections (4) to (7), a person detained under this section shall (unless detained under any other power) be released not later than the end of the period of 48 hours beginning—

(a)with the time of his arrest under this section, or

(b)if he was being detained under Schedule 7 when he was arrested under this section, with the time when his examination under that Schedule began.

(4)If on a review of a person’s detention under Part II of Schedule 8 the review officer does not authorise continued detention, the person shall (unless detained in accordance with subsection (5) or (6) or under any other power) be released.

(5)Where a police officer intends to make an application for a warrant under paragraph 29 of Schedule 8 extending a person’s detention, the person may be detained pending the making of the application.

(6)Where an application has been made under paragraph 29 or 36 of Schedule 8 in respect of a person’s detention, he may be detained pending the conclusion of proceedings on the application.

(7)Where an application under paragraph 29 or 36 of Schedule 8 is granted in respect of a person’s detention, he may be detained, subject to paragraph 37 of that Schedule, during the period specified in the warrant.

(8)The refusal of an application in respect of a person’s detention under paragraph 29 or 36 of Schedule 8 shall not prevent his continued detention in accordance with this section.

(9)A person who has the powers of a constable in one Part of the United Kingdom may exercise the power under subsection (1) in any Part of the United Kingdom.