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Coroners and Justice Act 2009

Section 117: Detention of persons under section 41 of the Terrorism Act 2000

553.Section 117 provides powers for further scrutiny of the treatment of terrorist suspects detained under section 41 of the Terrorism Act 2000.

554.Subsections (1) to (3) amend section 36 of the Terrorism Act 2006 (review of terrorism legislation) to clarify that the independent reviewer of terrorism legislation may review and report on the treatment of persons detained under section 41 of the Terrorism Act 2000 for more than 48 hours.

555.Subections (4) to (8) amend section 51 of the Police Reform Act 2002 (independent custody visitors for places of detention).

556.Subsection (5) provides that all police authorities must, in the arrangements they make regarding visits to detainees by independent custody visitors, require independent custody visitors who visit a person detained under section 41 of the Terrorism Act 2000 (“a suspected terrorist detainee”) to prepare and submit a report on that visit; and the arrangements must also ensure that a copy of that report is sent to the independent reviewer of terrorism legislation.

557.Subsection (6) gives independent custody visitors the authority to listen to or view any audio or video recordings made of police interviews with a suspected terrorist detainee. Subsection (7) provides the police with the power to refuse, in certain circumstances, an independent custody visitor access to such recordings, whether in part or whole.

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