Terrorism (Interviews) (Scotland) Order 2001

Draft Order laid before Parliament under section 123(3)(b) of the Terrorism Act 2000, for approval by resolution of each House of Parliament.

Draft Statutory Instruments

2001 No. (S. )

TERRORISM

Terrorism (Interviews) (Scotland) Order 2001

Made

2001

Coming into force

19th February 2001

Whereas a draft of this Order has been laid before, and approved by a resolution of, each House of Parliament:

Now, therefore, in exercise of the powers conferred on him by paragraph 19 of Schedule 8 to the Terrorism Act 2000 (1), and of all other powers enabling him in that behalf, the Secretary of State hereby makes the following Order:

Citation, commencement and interpretation

1.  This Order may be cited as the Terrorism (Interviews) (Scotland) Order 2001 and shall come into force on 19th February 2001.

2.  In this Order—

“the Act” means the Terrorism Act 2000;

“terrorist investigation” has the same meaning as in section 32 of the Act,

and the references to Schedule 7 and section 41 are references to that Schedule to, and that section of, the Act.

Presence of detained person’s solicitor at interview

3.  Where a person detained under Schedule 7 or section 41 at a police station in Scotland has been permitted to consult a solicitor, the solicitor shall, subject to the condition specified in article 4 below, be allowed to be present at any interview carried out in connection with a terrorist investigation or for the purposes of Schedule 7 (port and border controls).

Specified condition

4.  The condition mentioned in article 3 above is that the solicitor’s behaviour during the interview will not interfere with, or obstruct, the conduct of the interview.

One of Her Majesty’s Principal Secretaries of State

Home Office

2001

Explanatory Note

(This note is not part of the Order)

This Order provides that where a person detained under Schedule 7 to, or section 41 of, the Terrorism Act 2000 has been permitted to consult a solicitor, his solicitor shall be allowed to be present at any interview carried out in connection with a terrorist investigation or for the purposes of Schedule 7 to the Terrorism Act 2000. The Order also specifies the condition subject to which the detained person’s solicitor is allowed to be present at the interview.

(1)

2000 c. 11.