SCHEDULES
C1C2SCHEDULE 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
Part III Extension of detention under section 41
Information
34
1
The officer who has made an application for a warrant may apply to the judicial authority for an order that specified information upon which he intends to rely be withheld from—
a
the person to whom the application relates, and
b
anyone representing him.
2
Subject to sub-paragraph (3), 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 were disclosed—
a
evidence of an offence under any of the provisions mentioned in section 40(1)(a) 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 would be hindered,
d
the apprehension, prosecution or conviction of a person who is suspected of falling within section 40(1)(a) or (b) would be made more difficult as a result of his 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, or
g
a person would be interfered with or physically injured.
3
A judicial authority may also make an order under sub-paragraph (1) in relation to specified information if satisfied that there are reasonable grounds for believing that—
a
b
the detained person has benefited from the offence within the meaning of that Part or Order, and
c
the recovery of the value of that benefit would be hindered, if the information were disclosed.
4
The judicial authority shall direct that the following be excluded from the hearing of the application under this paragraph—
a
the person to whom the application for a warrant relates, and
b
anyone representing him.
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)(i))