SCHEDULES
SCHEDULE 9Port and border controls
Right of person detained under Schedule 7 to have someone informed and to consult a solicitor
I15
1
Schedule 8 to the Terrorism Act 2000 is amended as follows.
2
In paragraph 1(5) (definition of examining officer) for “paragraph” there is substituted “
Schedule
”
.
3
In paragraph 2(2)(d), the words “(within the meaning of that Schedule)” are omitted.
4
In paragraph 6, for “police station”, in each place, there is substituted “
place
”
.
5
In paragraph 7(1) the words “at a police station” are omitted.
6
After paragraph 7 there is inserted—
7A
1
This paragraph applies where a person detained under Schedule 7 requests to consult a solicitor.
2
The examining officer may not question the detained person under paragraph 2 or 3 of Schedule 7 until the person has consulted a solicitor (or no longer wishes to do so).
3
Sub-paragraph (2) does not apply if the examining officer reasonably believes that postponing the questioning until then would be likely to prejudice determination of the relevant matters.
4
The powers given by paragraph 8 of Schedule 7 (search powers where a person is questioned under paragraph 2 of Schedule 7) may be used when questioning is postponed because of sub-paragraph (2).
5
The detained person is entitled to consult a solicitor in person.
6
Sub-paragraph (5) does not apply if the examining officer reasonably believes that the time it would take to consult a solicitor in person would be likely to prejudice determination of the relevant matters.
7
In that case the examining officer may require any consultation to take place in another way.
8
In this paragraph “the relevant matters” means the matters the examining officer seeks to determine under paragraph 2 or 3 of Schedule 7.
7
In paragraph 8(1), for “an officer” there is substituted “
a police officer
”
.
8
In paragraph 9(2)(a) and (b)—
a
the words “at a police station” are omitted;
b
for “an officer” there is substituted “
a police officer
”
.
9
In paragraph 16—
a
in sub-paragraphs (1) and (3), in each place, for “police station” there is substituted “
place
”
;
b
in sub-paragraph (6), after “detained” there is inserted “
as mentioned in sub-paragraph (1)
”
.
10
After paragraph 16 there is inserted—
16A
1
This paragraph applies where a person detained under Schedule 7 requests to consult a solicitor.
2
The examining officer may not question the detained person under paragraph 2 or 3 of Schedule 7 until the person has consulted a solicitor (or no longer wishes to do so).
3
Sub-paragraph (2) does not apply if the examining officer reasonably believes that postponing the questioning until then would be likely to prejudice determination of the relevant matters.
4
The powers given by paragraph 8 of Schedule 7 (search powers where a person is questioned under paragraph 2 of Schedule 7) may be used when questioning is postponed because of sub-paragraph (2).
5
The detained person is entitled to consult a solicitor in person.
6
Sub-paragraph (5) does not apply if the examining officer reasonably believes that the time it would take to consult a solicitor in person would be likely to prejudice determination of the relevant matters.
7
In that case the examining officer may require any consultation to take place in another way.
8
In this paragraph “the relevant matters” means the matters the examining officer seeks to determine under paragraph 2 or 3 of Schedule 7.
11
In paragraph 17(1)—
a
for “An officer” there is substituted “
A police officer
”
;
b
after “uniformed” there is inserted “
police
”
.
12
In paragraph 18—
a
in sub-paragraph (1), for “and” there is substituted “
to
”
;
b
in sub-paragraph (2), for “police station” there is substituted “
place
”
;
c
after sub-paragraph (2) there is inserted—
3
In relation to a person detained under Schedule 7 at a place other than a police station—
a
sub-paragraph (2), and
b
section 15(4) of the Criminal Procedure (Scotland) Act 1995 as applied by that sub-paragraph,
apply as if references to a constable included an examining officer.