SCHEDULES
C2C1SCHEDULE 8 Detention
Sch. 8 applied (with modifications) (25.7.2006) by Terrorism Act 2006 (c. 11), s. 25(1)(3)(4); S.I. 2006/1936, art. 2
F1PART 1AReview of detention under Schedule 7
Sch. 8 Pt. 1A inserted (13.5.2014 for para. 20K(8)(9) and otherwise 1.4.2015) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), s. 185(1), Sch. 9 para. 7(3) (with ss. 21, 33, 42, 58, 75, 93); S.I. 2014/949, art. 3, Sch. para. 21(b); S.I. 2014/1916, art. 4
20KGeneral requirements
1
A person's detention under Schedule 7 must be periodically reviewed by a review officer.
2
The first review must be carried out before the end of the period of one hour beginning with the person's detention under that Schedule.
3
Subsequent reviews must be carried out at intervals of not more than two hours.
4
The review officer may authorise a person's continued detention under Schedule 7 only if satisfied that it is necessary for the purposes of exercising a power under paragraph 2 or 3 of that Schedule.
5
If on a review under this paragraph the review officer does not authorise a person's continued detention, the person must be released (unless detained under another power).
6
In this Part of this Schedule “review officer” means a senior officer who has not been directly involved in questioning the detained person under paragraph 2 or 3 of Schedule 7.
7
“Senior officer” means—
a
where the examining officer is a constable, a constable of a higher rank than the examining officer,
b
where the examining officer is an immigration officer, an immigration officer of a higher grade than the examining officer, and
c
where the examining officer is a customs officer, a customs officer of a higher grade than the examining officer.
8
The Secretary of State must under paragraph 6 of Schedule 14 issue a code of practice about reviews under this Part of this Schedule.
9
The code of practice must include provision about training to be undertaken by persons who are to act as review officers.
Schs. 7, 8, 14 extended (with modifications) (coming into force in accordance with art. 1(2) of the extending S.I.) by The Nationality, Immigration and Asylum Act 2002 (Juxtaposed Controls) Order 2003 (S.I. 2003/2818), art. 11(1)(b), Sch. 2 (as amended (31.3.2021) by The Nationality, Immigration and Asylum Act 2002 (Juxtaposed Controls) (Amendment) Order 2021 (S.I. 2021/311), arts. 1(2), 2(7)(b)(ii)(iii))