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Counter-Terrorism Act 2008

Counter-Terrorism Act 2008

2008 CHAPTER 28

Commentary on Sections

Part 7 – Miscellaneous

Pre-charge detention of terrorist suspects

Section 82 – Pre-charge detention: minor amendments

225.Subsection (1) makes a minor amendment to paragraph 9 of Schedule 8 to the 2000 Act (direction that detained person may consult a solicitor only within sight and hearing of a qualified officer). This is a consequential amendment that was overlooked when that Schedule was amended by the Proceeds of Crime Act 2002.

226.Subsection (2) amends paragraph 29(4) of Schedule 8 to the 2000 Act to remove the words “after consulting the Lord Chancellor”. This paragraph defines “judicial authority” for the purposes of hearings extending pre-charge detention for up to 14 days – which may, as amended, be conducted in England and Wales by a District Judge designated by the Lord Chief Justice and in Northern Ireland, by a county court judge designated by the Lord Chief Justice of Northern Ireland.

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