Modifications etc. (not altering text)
C1Schs. 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))
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
8(1)Subject to sub-paragraph (2), an officer of at least the rank of superintendent may authorise a delay—
(a)in informing the person named by a detained person under paragraph 6;
(b)in permitting a detained person to consult a solicitor under paragraph 7.
(2)But where a person is detained under section 41 he must be permitted to exercise his rights under paragraphs 6 and 7 before the end of the period mentioned in subsection (3) of that section.
(3)Subject to sub-paragraph (5), an officer may give an authorisation under sub-paragraph (1) only if he has reasonable grounds for believing—
(a)in the case of an authorisation under sub-paragraph (1)(a), that informing the named person of the detained person’s detention will have any of the consequences specified in sub-paragraph (4), or
(b)in the case of an authorisation under sub-paragraph (1)(b), that the exercise of the right under paragraph 7 at the time when the detained person desires to exercise it will have any of the consequences specified in sub-paragraph (4).
(4)Those consequences are—
(a)interference with or harm to evidence of a serious arrestable offence,
(b)interference with or physical injury to any person,
(c)the alerting of persons who are suspected of having committed a serious arrestable offence but who have not been arrested for it,
(d)the hindering of the recovery of property obtained as a result of a serious arrestable offence or in respect of which a forfeiture order could be made under section 23,
(e)interference with the gathering of information about the commission, preparation or instigation of acts of terrorism,
(f)the alerting of a person and thereby making it more difficult to prevent an act of terrorism, and
(g)the alerting of a person and thereby making it more difficult to secure a person’s apprehension, prosecution or conviction in connection with the commission, preparation or instigation of an act of terrorism.
(5)An officer may also give an authorisation under sub-paragraph (1) if he has reasonable grounds for believing that—
(a)the detained person has committed an offence to which Part VI of the M1Criminal Justice Act 1988, Part I of the M2Proceeds of Crime (Scotland) Act 1995, or the M3Proceeds of Crime (Northern Ireland) Order 1996 (confiscation of the proceeds of an offence) applies,
(b)the detained person has benefited from the offence within the meaning of that Part or Order, and
(c)by informing the named person of the detained person’s detention (in the case of an authorisation under sub-paragraph (1)(a)), or by the exercise of the right under paragraph 7 (in the case of an authorisation under sub-paragraph (1)(b)), the recovery of the value of that benefit will be hindered.
(6)If an authorisation under sub-paragraph (1) is given orally, the person giving it shall confirm it in writing as soon as is reasonably practicable.
(7)Where an authorisation under sub-paragraph (1) is given—
(a)the detained person shall be told the reason for the delay as soon as is reasonably practicable, and
(b)the reason shall be recorded as soon as is reasonably practicable.
(8)Where the reason for authorising delay ceases to subsist there may be no further delay in permitting the exercise of the right in the absence of a further authorisation under sub-paragraph (1).
(9)In this paragraph “serious arrestable offence” has the meaning given by section 116 of the M4Police and Criminal Evidence Act 1984 (in relation to England and Wales) and by Article 87 of the M5Police and Criminal Evidence (Northern Ireland) Order 1989 (in relation to Northern Ireland); but it also includes—
(a)an offence under any of the provisions mentioned in section 40(1)(a) of this Act, and
(b)an attempt or conspiracy to commit an offence under any of the provisions mentioned in section 40(1)(a).
Marginal Citations