Office of Public Sector Information
SCHEDULE 8 continued PART II continued
22 (1) A review may be postponed if at the latest time at which it may be carried out in accordance with paragraph 21—
(a) the detained person is being questioned by a police officer and an officer is satisfied that an interruption of the questioning to carry out the review would prejudice the investigation in connection with which the person is being detained,
(b) no review officer is readily available, or
(c) it is not practicable for any other reason to carry out the review.
(2) Where a review is postponed it shall be carried out as soon as is reasonably practicable.
(3) For the purposes of ascertaining the time within which the next review is to be carried out, a postponed review shall be deemed to have been carried out at the latest time at which it could have been carried out in accordance with paragraph 21.
23 (1) A review officer may authorise a person’s continued detention only if satisfied that it is necessary—
(a) to obtain relevant evidence whether by questioning him or otherwise,
(b) to preserve relevant evidence,
(c) pending a decision whether to apply to the Secretary of State for a deportation notice to be served on the detained person,
(d) pending the making of an application to the Secretary of State for a deportation notice to be served on the detained person,
(e) pending consideration by the Secretary of State whether to serve a deportation notice on the detained person, or
(f) pending a decision whether the detained person should be charged with an offence.
(2) The review officer shall not authorise continued detention by virtue of sub-paragraph (1)(a) or (b) unless he is satisfied that the investigation in connection with which the person is detained is being conducted diligently and expeditiously.
(3) The review officer shall not authorise continued detention by virtue of sub-paragraph (1)(c) to (f) unless he is satisfied that the process pending the completion of which detention is necessary is being conducted diligently and expeditiously.
(4) In sub-paragraph (1)(a) and (b) “relevant evidence” means evidence which—
(a) relates to the commission by the detained person of an offence under any of the provisions mentioned in section 40(1)(a), or
(b) indicates that the detained person falls within section 40(1)(b).
(5) In sub-paragraph (1) “deportation notice” means notice of a decision to make a deportation order under the Immigration Act 1971.
24 (1) The review officer shall be an officer who has not been directly involved in the investigation in connection with which the person is detained.
(2) In the case of a review carried out within the period of 24 hours beginning with the time of arrest, the review officer shall be an officer of at least the rank of inspector.
(3) In the case of any other review, the review officer shall be an officer of at least the rank of superintendent.
25 (1) This paragraph applies where—
(a) the review officer is of a rank lower than superintendent,
(b) an officer of higher rank than the review officer gives directions relating to the detained person, and
(c) those directions are at variance with the performance by the review officer of a duty imposed on him under this Schedule.
(2) The review officer shall refer the matter at once to an officer of at least the rank of superintendent.
26 (1) Before determining whether to authorise a person’s continued detention, a review officer shall give either of the following persons an opportunity to make representations about the detention—
(a) the detained person, or
(b) a solicitor representing him who is available at the time of the review.
(2) Representations may be oral or written.
(3) A review officer may refuse to hear oral representations from the detained person if he considers that he is unfit to make representations because of his condition or behaviour.
27 (1) Where a review officer authorises continued detention he shall inform the detained person—
(a) of any of his rights under paragraphs 6 and 7 which he has not yet exercised, and
(b) if the exercise of any of his rights under either of those paragraphs is being delayed in accordance with the provisions of paragraph 8, of the fact that it is being so delayed.
(2) Where a review of a person’s detention is being carried out at a time when his exercise of a right under either of those paragraphs is being delayed—
(a) the review officer shall consider whether the reason or reasons for which the delay was authorised continue to subsist, and
(b) if in his opinion the reason or reasons have ceased to subsist, he shall inform the officer who authorised the delay of his opinion (unless he was that officer).
(3) In the application of this paragraph to Scotland, for the references to paragraphs 6, 7 and 8 substitute references to paragraph 16.
(4) The following provisions (requirement to bring an accused person before the court after his arrest) shall not apply to a person detained under section 41—
(a) section 135(3) of the [1995 c. 46.] Criminal Procedure (Scotland) Act 1995, and
(b) Article 8(1) of the [S.I. 1998/1504 (N.I. 9).] Criminal Justice (Children) (Northern Ireland) Order 1998.
(5) Section 22(1) of the [1995 c. 46.] Criminal Procedure (Scotland) Act 1995 (interim liberation by officer in charge of police station) shall not apply to a person detained under section 41.
28 (1) A review officer carrying out a review shall make a written record of the outcome of the review and of any of the following which apply—
(a) the grounds upon which continued detention is authorised,
(b) the reason for postponement of the review,
(c) the fact that the detained person has been informed as required under paragraph 27(1),
(d) the officer’s conclusion on the matter considered under paragraph 27(2)(a),
(e) the fact that he has taken action under paragraph 27(2)(b), and
(f) the fact that the detained person is being detained by virtue of section 41(5) or (6).
(2) The review officer shall—
(a) make the record in the presence of the detained person, and
(b) inform him at that time whether the review officer is authorising continued detention, and if he is, of his grounds.
(3) Sub-paragraph (2) shall not apply where, at the time when the record is made, the detained person is—
(a) incapable of understanding what is said to him,
(b) violent or likely to become violent, or
(c) in urgent need of medical attention.
29 (1) A police officer of at least the rank of superintendent may apply to a judicial authority for the issue of a warrant of further detention under this Part.
(2) A warrant of further detention—
(a) shall authorise the further detention under section 41 of a specified person for a specified period, and
(b) shall state the time at which it is issued.
(3) The specified period in relation to a person shall end not later than the end of the period of seven days beginning—
(a) with the time of his arrest under section 41, or
(b) if he was being detained under Schedule 7 when he was arrested under section 41, with the time when his examination under that Schedule began.
(4) In this Part “judicial authority” means—
(a) in England and Wales, the Senior District Judge (Chief Magistrate) or his deputy, or a District Judge (Magistrates' Courts) who is designated for the purpose of this Part by the Lord Chancellor,
(b) in Scotland, the sheriff, and
(c) in Northern Ireland, a county court judge, or a resident magistrate who is designated for the purpose of this Part by the Lord Chancellor.
30 (1) An application for a warrant shall be made—
(a) during the period mentioned in section 41(3), or
(b) within six hours of the end of that period.
(2) The judicial authority hearing an application made by virtue of sub-paragraph (1)(b) shall dismiss the application if he considers that it would have been reasonably practicable to make it during the period mentioned in section 41(3).
(3) For the purposes of this Schedule, an application for a warrant is made when written or oral notice of an intention to make the application is given to a judicial authority.
31 An application for a warrant may not be heard unless the person to whom it relates has been given a notice stating—
(a) that the application has been made,
(b) the time at which the application was made,
(c) the time at which it is to be heard, and
(d) the grounds upon which further detention is sought.
32 (1) A judicial authority may issue a warrant of further detention only if satisfied that—
(a) there are reasonable grounds for believing that the further detention of the person to whom the application relates is necessary to obtain relevant evidence whether by questioning him or otherwise or to preserve relevant evidence, and
(b) the investigation in connection with which the person is detained is being conducted diligently and expeditiously.
(2) In sub-paragraph (1) “relevant evidence” means, in relation to the person to whom the application relates, evidence which—
(a) relates to his commission of an offence under any of the provisions mentioned in section 40(1)(a), or
(b) indicates that he is a person falling within section 40(1)(b).
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.
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) the detained person has committed an offence to which Part VI of the [1988 c. 33.] Criminal Justice Act 1988, Part I of the [1995 c. 43.] Proceeds of Crime (Scotland) Act 1995, or the [S.I. 1996/1299 (N.I. 9).] Proceeds 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) 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.
35 (1) A judicial authority may adjourn the hearing of an application for a warrant only if the hearing is adjourned to a date before the expiry of the period mentioned in section 41(3).
(2) This paragraph shall not apply to an adjournment under paragraph 33(2).
36 (1) A police officer of at least the rank of superintendent may apply to a judicial authority for the extension or further extension of the period specified in a warrant of further detention.
(2) Where the period specified is extended, the warrant shall be endorsed with a note stating the new specified period.
(3) The specified period shall end not later than the end of the period of seven days beginning—
(a) with the time of the person’s arrest under section 41, or
(b) if he was being detained under Schedule 7 when he was arrested under section 41, with the time when his examination under that Schedule began.
(4) Paragraphs 30(3) and 31 to 34 shall apply to an application under this paragraph as they apply to an application for a warrant of further detention.
(5) A judicial authority may adjourn the hearing of an application under sub-paragraph (1) only if the hearing is adjourned to a date before the expiry of the period specified in the warrant.
(6) Sub-paragraph (5) shall not apply to an adjournment under paragraph 33(2).
37 A person detained by virtue of a warrant issued under this Part shall (unless detained in accordance with section 41(5) or (6) or under any other power) be released immediately if the officer having custody of him becomes aware that any of the grounds under paragraph 32(1)(a) and (b) upon which the judicial authority authorised his further detention have ceased to apply.
Terrorism Act 2000