SCHEDULES

C1C2SCHEDULE 8 Detention

Annotations:
Modifications etc. (not altering text)
C2

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

Part III Extension of detention under section 41

Representation

33

1

The person to whom an application relates shall—

a

be given an opportunity to make oral or written representations to the judicial authority about the application, and

b

subject to sub-paragraph (3), be entitled to be legally represented at the hearing.

2

A judicial authority shall adjourn the hearing of an application to enable the person to whom the application relates to obtain legal representation where—

a

he is not legally represented,

b

he is entitled to be legally represented, and

c

he wishes to be so 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 him.