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SCHEDULES

SCHEDULE 8U.K. Detention

Modifications etc. (not altering text)

C2Sch. 8 applied (with modifications) (25.7.2006) by Terrorism Act 2006 (c. 11), s. 25(1)(3)(4); S.I. 2006/1936, art. 2

Part IU.K. Treatment of persons detained under section 41 [F1or 43B] or Schedule 7

Textual Amendments

F1Words in Sch. 8 Pt. 1 heading inserted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 184(2)(b), 208(5)(w)

Rights: England, Wales and Northern IrelandU.K.

15(1)In the application of [F2paragraphs 10 to 13] in relation to a person detained in England or Wales the following expressions shall have the meaning given by section 65 of the M1Police and Criminal Evidence Act 1984 (Part V definitions)—U.K.

(a)appropriate consent”,

(b)fingerprints”,

(c)insufficient”,

(d)intimate sample”,

(e)non-intimate sample”,

(f)registered dentist”, and

(g)sufficient”.

[F3(1A)In the application of section 65(2A) of the Police and Criminal Evidence Act 1984 for the purposes of sub-paragraph (1) of this paragraph, the reference to the destruction of a sample under section 63R of that Act is a reference to the destruction of a sample under paragraph 20G of this Schedule.]

(2)In the application of [F4paragraphs 10 to 13] in relation to a person detained in Northern Ireland the expressions listed in sub-paragraph (1) shall have the meaning given by Article 53 of the M2Police and Criminal Evidence (Northern Ireland) Order 1989 (definitions).

(3)In paragraph 10 “recordable offence” shall have—

(a)in relation to a person detained in England or Wales, the meaning given by section 118(1) of the M3Police and Criminal Evidence Act 1984 (general interpretation), and

(b)in relation to a person detained in Northern Ireland, the meaning given by Article 2(2) of the M4Police and Criminal Evidence (Northern Ireland) Order 1989 (definitions).

Textual Amendments

F2Words in Sch. 8 para. 15(1) substituted (31.10.2013) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 1 para. 1(6) (with s. 97); S.I. 2013/1814, art. 2(j)

F3Sch. 8 para. 15(1A) inserted (31.10.2013) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 1 para. 1(7) (with s. 97); S.I. 2013/1814, art. 2(j)

F4Words in Sch. 8 para. 15(2) substituted (31.10.2013) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 1 para. 1(8) (with s. 97); S.I. 2013/1814, art. 2(j)

Marginal Citations