Modifications etc. (not altering text)
C1Sch. 1 extended (Jersey) (with modifications) (coming into force in accordance with art. 1(1) of the amending S.I.) by The Counter-Terrorism and Security (Jersey) Order 2017 (S.I. 2017/982), art. 2(c), Sch. 3
8(1)A senior police officer may apply to a judicial authority for an extension of the 14-day period.U.K.
(2)An application must be made before the end of the 14-day period.
(3)An application may be heard only if reasonable efforts have been made to give to the person to whom the application relates a notice stating—
(a)the time when the application was made;
(b)the time and place at which it is to be heard.
(4)On an application—
(a)the judicial authority must grant an extension if satisfied that the relevant persons have been acting diligently and expeditiously in relation to the matters and steps referred to in sub-paragraph (5);
(b)otherwise, the judicial authority must refuse to grant an extension.
(5)In sub-paragraph (4) “the relevant persons” means—
(a)the persons responsible for considering whichever of the matters referred to in paragraph 5(1)(a) to (c) are under consideration, and
(b)the persons responsible for taking whichever of the steps referred to in paragraph 5(1)(d) are being taken or are intended to be taken.
(6)An extension must be for a further period ending no later than the end of the 30-day period.
(7)“The 30-day period” means the period of 30 days beginning with the day after the document in question was taken.
9(1)The person to whom an application under paragraph 8 relates—U.K.
(a)must be given an opportunity to make oral or written representations to the judicial authority about the application;
(b)subject to sub-paragraph (3), is entitled to be legally represented at the hearing.
(2)A judicial authority must adjourn the hearing of an application to enable the person to whom the application relates to obtain legal representation where the person—
(a)is not legally represented,
(b)is entitled to be legally represented, and
(c)wishes to be legally represented.
(3)A judicial authority may exclude any of the following persons from any part of the hearing—
(a)the person to whom the application relates;
(b)anyone representing that person.
10(1)A person who has made an application under paragraph 8 may apply to the judicial authority for an order that specified information upon which he or she intends to rely be withheld from—U.K.
(a)the person to whom the application relates, and
(b)anyone representing that person.
(2)A judicial authority may make an order under sub-paragraph (1) in relation to specified information only if satisfied that there are reasonable grounds for believing that if the information was disclosed—
(a)evidence of an offence under any of the provisions mentioned in section 40(1)(a) of the Terrorism Act 2000 would be interfered with or harmed,
(b)the recovery of property obtained as a result of an offence under any of those provisions would be hindered,
(c)the recovery of property in respect of which a forfeiture order could be made under section 23 or 23A of that Act would be hindered,
(d)the apprehension, prosecution or conviction of a person who is suspected of being a terrorist would be made more difficult as a result of the person being alerted,
(e)the prevention of an act of terrorism would be made more difficult as a result of a person being alerted,
(f)the gathering of information about the commission, preparation or instigation of an act of terrorism would be interfered with,
(g)a person would be interfered with or physically injured, or
(h)national security would be put at risk.
(3)The judicial authority must direct that the following be excluded from the hearing of an application under this paragraph—
(a)the person to whom the application under paragraph 8 relates;
(b)anyone representing that person.
11(1)A judicial authority may adjourn the hearing of an application under paragraph 8 only if the hearing is adjourned to a date before the expiry of the 14-day period.U.K.
(2)Sub-paragraph (1) does not apply to an adjournment under paragraph 9(2).
(3)If an application is adjourned under paragraph 9(2) to a date after the expiry of the 14-day period, the judicial authority must extend the period until that date.
12(1)If an extension is granted under paragraph 8 for a period ending before the end of the 30-day period, one further application may be made under that paragraph.U.K.
(2)Paragraphs 8 to 11 apply to a further application as if references to the 14-day period were references to that period as previously extended.