SCHEDULES

SCHEDULE 9Port and border controls

Right of person detained under Schedule 7 to have someone informed and to consult a solicitor

I15

1

Schedule 8 to the Terrorism Act 2000 is amended as follows.

2

In paragraph 1(5) (definition of examining officer) for “paragraph” there is substituted “ Schedule ”.

3

In paragraph 2(2)(d), the words “(within the meaning of that Schedule)” are omitted.

4

In paragraph 6, for “police station”, in each place, there is substituted “ place ”.

5

In paragraph 7(1) the words “at a police station” are omitted.

6

After paragraph 7 there is inserted—

7A

1

This paragraph applies where a person detained under Schedule 7 requests to consult a solicitor.

2

The examining officer may not question the detained person under paragraph 2 or 3 of Schedule 7 until the person has consulted a solicitor (or no longer wishes to do so).

3

Sub-paragraph (2) does not apply if the examining officer reasonably believes that postponing the questioning until then would be likely to prejudice determination of the relevant matters.

4

The powers given by paragraph 8 of Schedule 7 (search powers where a person is questioned under paragraph 2 of Schedule 7) may be used when questioning is postponed because of sub-paragraph (2).

5

The detained person is entitled to consult a solicitor in person.

6

Sub-paragraph (5) does not apply if the examining officer reasonably believes that the time it would take to consult a solicitor in person would be likely to prejudice determination of the relevant matters.

7

In that case the examining officer may require any consultation to take place in another way.

8

In this paragraph “the relevant matters” means the matters the examining officer seeks to determine under paragraph 2 or 3 of Schedule 7.

7

In paragraph 8(1), for “an officer” there is substituted “ a police officer ”.

8

In paragraph 9(2)(a) and (b)—

a

the words “at a police station” are omitted;

b

for “an officer” there is substituted “ a police officer ”.

9

In paragraph 16—

a

in sub-paragraphs (1) and (3), in each place, for “police station” there is substituted “ place ”;

b

in sub-paragraph (6), after “detained” there is inserted “ as mentioned in sub-paragraph (1) ”.

10

After paragraph 16 there is inserted—

16A

1

This paragraph applies where a person detained under Schedule 7 requests to consult a solicitor.

2

The examining officer may not question the detained person under paragraph 2 or 3 of Schedule 7 until the person has consulted a solicitor (or no longer wishes to do so).

3

Sub-paragraph (2) does not apply if the examining officer reasonably believes that postponing the questioning until then would be likely to prejudice determination of the relevant matters.

4

The powers given by paragraph 8 of Schedule 7 (search powers where a person is questioned under paragraph 2 of Schedule 7) may be used when questioning is postponed because of sub-paragraph (2).

5

The detained person is entitled to consult a solicitor in person.

6

Sub-paragraph (5) does not apply if the examining officer reasonably believes that the time it would take to consult a solicitor in person would be likely to prejudice determination of the relevant matters.

7

In that case the examining officer may require any consultation to take place in another way.

8

In this paragraph “the relevant matters” means the matters the examining officer seeks to determine under paragraph 2 or 3 of Schedule 7.

11

In paragraph 17(1)—

a

for “An officer” there is substituted “ A police officer ”;

b

after “uniformed” there is inserted “ police ”.

12

In paragraph 18—

a

in sub-paragraph (1), for “and” there is substituted “ to ”;

b

in sub-paragraph (2), for “police station” there is substituted “ place ”;

c

after sub-paragraph (2) there is inserted—

3

In relation to a person detained under Schedule 7 at a place other than a police station—

a

sub-paragraph (2), and

b

section 15(4) of the Criminal Procedure (Scotland) Act 1995 as applied by that sub-paragraph,

apply as if references to a constable included an examining officer.