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SCHEDULE 8
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DETENTION |
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PART
I |
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TREATMENT
OF PERSONS DETAINED UNDER SECTION 41 OR SCHEDULE 7 |
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Place of detention |
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1.
- (1) The Secretary of State shall designate places at which persons
may be detained under Schedule 7 or section 41.
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(2)
In this Schedule a reference to a police station includes a reference
to any place which the Secretary of State has designated under sub-paragraph
(1) as a place where a person may be detained under section 41.
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(3)
Where a person is detained under Schedule 7, he may be taken in
the custody of an examining officer or of a person acting under
an examining officer's authority to and from any place where his
attendance is required for the purpose of-
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(a) his examination
under that Schedule,
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(b) establishing
his nationality or citizenship, or
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(c) making
arrangements for his admission to a country or territory outside
the United Kingdom.
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(4)
A constable who arrests a person under section 41 shall take him
as soon as is reasonably practicable to the police station which
the constable considers the most appropriate.
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(5)
In this paragraph "examining officer" has the meaning given in Schedule
7.
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(6)
Where a person is arrested in one Part of the United Kingdom and
all or part of his detention takes place in another Part, the provisions
of this Schedule which apply to detention in a particular Part of
the United Kingdom apply in relation to him while he is detained
in that Part.
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Identification |
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2.
- (1) An authorised person may take any steps which are reasonably
necessary for-
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(a) photographing
the detained person,
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(2)
In sub-paragraph (1) "authorised person" means any of the following-
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(c) a person
authorised by the Secretary of State, and
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(d) in the
case of a person detained under Schedule 7, an examining officer
(within the meaning of that Schedule).
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(3)
This paragraph does not confer the power to take-
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(a) fingerprints,
non-intimate samples or intimate samples (within the meaning given
by paragraph 15 below), or
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(b) relevant
physical data or samples as mentioned in section 18 of the Criminal
Procedure (Scotland) Act 1995 as applied by paragraph 20 below.
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Audio and video recording of interviews |
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3.
- (1) The Secretary of State shall-
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(a) issue
a code of practice about the audio recording of interviews to
which this paragraph applies, and
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(b) make an
order requiring the audio recording of interviews to which this
paragraph applies in accordance with any relevant code of practice
under paragraph (a).
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(2)
The Secretary of State may make an order requiring the video recording
of-
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(a) interviews
to which this paragraph applies;
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(b) interviews
to which this paragraph applies which take place in a particular
Part of the United Kingdom.
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(3)
An order under sub-paragraph (2) shall specify whether the video
recording which it requires is to be silent or with sound.
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(4)
Where an order is made under sub-paragraph (2)-
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(a) the Secretary
of State shall issue a code of practice about the video recording
of interviews to which the order applies, and
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(b) the order
shall require the interviews to be video recorded in accordance
with any relevant code of practice under paragraph (a).
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(5)
Where the Secretary of State has made an order under sub-paragraph
(2) requiring certain interviews to be video recorded with sound-
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(a) he need
not make an order under sub-paragraph (1)(b) in relation to those
interviews, but
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(6)
This paragraph applies to any interview by a constable of a person
detained under Schedule 7 or section 41 if the interview takes place
in a police station.
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(7)
A code of practice under this paragraph-
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(a) may make
provision in relation to a particular Part of the United Kingdom;
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(b) may make
different provision for different Parts of the United Kingdom.
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4.
- (1) This paragraph applies to a code of practice under paragraph
3.
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(2)
Where the Secretary of State proposes to issue a code of practice
he shall-
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(b) consider
any representations made to him about the draft, and
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(c) if he
thinks it appropriate, modify the draft in the light of any representations
made to him.
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(3)
The Secretary of State shall lay a draft of the code before Parliament.
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(4)
When the Secretary of State has laid a draft code before Parliament
he may bring it into operation by order.
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(5)
The Secretary of State may revise a code and issue the revised code;
and sub-paragraphs (2) to (4) shall apply to a revised code as they
apply to an original code.
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(6)
The failure by a constable to observe a provision of a code shall
not of itself make him liable to criminal or civil proceedings.
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(7)
A code-
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(a) shall
be admissible in evidence in criminal and civil proceedings, and
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(b) shall
be taken into account by a court or tribunal in any case in which
it appears to the court or tribunal to be relevant.
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Status |
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5.
A detained person shall be deemed to be in legal custody throughout
the period of his detention.
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Rights: England, Wales and Northern Ireland |
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6.
- (1) Subject to paragraph 8, a person detained under Schedule 7
or section 41 at a police station in England, Wales or Northern
Ireland shall be entitled, if he so requests, to have one named
person informed as soon as is reasonably practicable that he is
being detained there.
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(2)
The person named must be-
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(a) a friend
of the detained person,
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(c) a person
who is known to the detained person or who is likely to take an
interest in his welfare.
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(3)
Where a detained person is transferred from one police station to
another, he shall be entitled to exercise the right under this paragraph
in respect of the police station to which he is transferred.
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7.
- (1) Subject to paragraphs 8 and 9, a person detained under Schedule
7 or section 41 at a police station in England, Wales or Northern
Ireland shall be entitled, if he so requests, to consult a solicitor
as soon as is reasonably practicable, privately and at any time.
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(2)
Where a request is made under sub-paragraph (1), the request and
the time at which it was made shall be recorded.
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8.
- (1) Subject to sub-paragraph (2), an officer of at least the rank
of superintendent may authorise a delay-
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(a) in informing
the person named by a detained person under paragraph 6;
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(b) in permitting
a detained person to consult a solicitor under paragraph 7.
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(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.
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(3)
Subject to sub-paragraph (5), an officer may give an authorisation
under sub-paragraph (1) only if he has reasonable grounds for believing-
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(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
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(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).
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(4)
Those consequences are-
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(a) interference
with or harm to evidence of a serious arrestable offence,
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(b) interference
with or physical injury to any person,
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(c) the alerting
of persons who are suspected of having committed a serious arrestable
offence but who have not been arrested for it,
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(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,
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(e) interference
with the gathering of information about the commission, preparation
or instigation of acts of terrorism,
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(f) the alerting
of a person and thereby making it more difficult to prevent an
act of terrorism, and
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(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.
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(5)
An officer may also give an authorisation under sub-paragraph (1)
if he has reasonable grounds for believing that-
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(a) the detained
person has committed an offence to which Part VI of the Criminal
Justice Act 1988, Part I of the Proceeds of Crime (Scotland) Act
1995, or the Proceeds of Crime (Northern Ireland) Order 1996 (confiscation
of the proceeds of an offence) applies,
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(b) the detained
person has benefited from the offence within the meaning of that
Part or Order, and
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(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.
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(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.
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(7)
Where an authorisation under sub-paragraph (1) is given-
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(a) the detained
person shall be told the reason for the delay as soon as is reasonably
practicable, and
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(b) the reason
shall be recorded as soon as is reasonably practicable.
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(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).
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(9)
In this paragraph "serious arrestable offence" has the meaning given
by section 116 of the Police and Criminal Evidence Act 1984 (in
relation to England and Wales) and by Article 87 of the Police and
Criminal Evidence (Northern Ireland) Order 1989 (in relation to
Northern Ireland); but it also includes-
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(a) an offence
under any of the provisions mentioned in section 40(1)(a) of this
Act, and
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(b) an attempt
or conspiracy to commit an offence under any of the provisions
mentioned in section 40(1)(a).
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9.
- (1) A direction under this paragraph may provide that a detained
person who wishes to exercise the right under paragraph 7 may consult
a solicitor only in the sight and hearing of a qualified officer.
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(2)
A direction under this paragraph may be given-
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(a) where
the person is detained at a police station in England or Wales,
by an officer of at least the rank of Commander or Assistant Chief
Constable, or
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(b) where
the person is detained at a police station in Northern Ireland,
by an officer of at least the rank of Assistant Chief Constable.
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(3)
A direction under this paragraph may be given only if the officer
giving it has reasonable grounds for believing that, unless the
direction is given, the exercise of the right by the detained person
will have any of the consequences specified in paragraph 8(4) or
the consequence specified in paragraph 8(5)(c).
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(4)
In this paragraph "a qualified officer" means a police officer who-
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(a) is of
at least the rank of inspector,
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(b) is of
the uniformed branch of the force of which the officer giving
the direction is a member, and
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(c) in the
opinion of the officer giving the direction, has no connection
with the detained person's case.
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(5)
A direction under this paragraph shall cease to have effect once
the reason for giving it ceases to subsist.
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10.
- (1) This paragraph applies where a person is detained in England,
Wales or Northern Ireland under Schedule 7 or section 41.
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(2)
Fingerprints may be taken from the detained person only if they
are taken by a constable-
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(a) with the
appropriate consent given in writing, or
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(b) without
that consent under sub-paragraph (4).
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(3)
A non-intimate sample may be taken from the detained person only
if it is taken by a constable-
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(a) with the
appropriate consent given in writing, or
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(b) without
that consent under sub-paragraph (4).
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(4)
Fingerprints or a non-intimate sample may be taken from the detained
person without the appropriate consent only if-
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(a) he is
detained at a police station and a police officer of at least
the rank of superintendent authorises the fingerprints or sample
to be taken, or
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(b) he has
been convicted of a recordable offence and, where a non-intimate
sample is to be taken, he was convicted of the offence on or after
10th April 1995 (or 29th July 1996 where the non-intimate sample
is to be taken in Northern Ireland).
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(5)
An intimate sample may be taken from the detained person only if-
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(a) he is
detained at a police station,
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(b) the appropriate
consent is given in writing,
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(c) a police
officer of at least the rank of superintendent authorises the
sample to be taken, and
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(d) subject
to paragraph 13(2) and (3), the sample is taken by a constable.
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(6)
An officer may give an authorisation under sub-paragraph (4)(a)
or (5)(c) only if-
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(a) in the
case of a person detained under section 41, the officer reasonably
suspects that the person has been involved in an offence under
any of the provisions mentioned in section 40(1)(a), and the officer
reasonably believes that the fingerprints or sample will tend
to confirm or disprove his involvement, or
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(b) in any
case, the officer is satisfied that the taking of the fingerprints
or sample from the person is necessary in order to assist in determining
whether he falls within section 40(1)(b).
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(7)
If an authorisation under sub-paragraph (4)(a) or (5)(c) is given
orally, the person giving it shall confirm it in writing as soon
as is reasonably practicable.
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11.
- (1) Before fingerprints or a sample are taken from a person under
paragraph 10, he shall be informed-
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(a) that the
fingerprints or sample may be used for the purposes of paragraph
14(4), section 63A(1) of the Police and Criminal Evidence Act
1984 and Article 63A(1) of the Police and Criminal Evidence (Northern
Ireland) Order 1989 (checking of fingerprints and samples), and
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(b) where
the fingerprints or sample are to be taken under paragraph 10(2)(a),
(3)(a) or (4)(b), of the reason for taking the fingerprints or
sample.
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(2)
Before fingerprints or a sample are taken from a person upon an
authorisation given under paragraph 10(4)(a) or (5)(c), he shall
be informed-
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(a) that the
authorisation has been given,
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(b) of the
grounds upon which it has been given, and
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(c) where
relevant, of the nature of the offence in which it is suspected
that he has been involved.
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(3)
After fingerprints or a sample are taken under paragraph 10, there
shall be recorded as soon as is reasonably practicable any of the
following which apply-
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(a) the fact
that the person has been informed in accordance with sub-paragraphs
(1) and (2),
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(b) the reason
referred to in sub-paragraph (1)(b),
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(c) the authorisation
given under paragraph 10(4)(a) or (5)(c),
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(d) the grounds
upon which that authorisation has been given, and
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(e) the fact
that the appropriate consent has been given.
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12.
- (1) This paragraph applies where-
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(a) two or
more non-intimate samples suitable for the same means of analysis
have been taken from a person under paragraph 10,
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(b) those
samples have proved insufficient, and
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(c) the person
has been released from detention.
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(2)
An intimate sample may be taken from the person if-
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(a) the appropriate
consent is given in writing,
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(b) a police
officer of at least the rank of superintendent authorises the
sample to be taken, and
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(c) subject
to paragraph 13(2) and (3), the sample is taken by a constable.
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(3)
Paragraphs 10(6) and (7) and 11 shall apply in relation to the taking
of an intimate sample under this paragraph; and a reference to a
person detained under section 41 shall be taken as a reference to
a person who was detained under section 41 when the non-intimate
samples mentioned in sub-paragraph (1)(a) were taken.
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13.
- (1) Where appropriate written consent to the taking of an intimate
sample from a person under paragraph 10 or 12 is refused without
good cause, in any proceedings against that person for an offence-
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(a) the court,
in determining whether to commit him for trial or whether there
is a case to answer, may draw such inferences from the refusal
as appear proper, and
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(b) the court
or jury, in determining whether that person is guilty of the offence
charged, may draw such inferences from the refusal as appear proper.
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(2)
An intimate sample other than a sample of urine or a dental impression
may be taken under paragraph 10 or 12 only by a registered medical
practitioner acting on the authority of a constable.
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(3)
An intimate sample which is a dental impression may be taken under
paragraph 10 or 12 only by a registered dentist acting on the authority
of a constable.
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(4)
Where a sample of hair other than pubic hair is to be taken under
paragraph 10 the sample may be taken either by cutting hairs or
by plucking hairs with their roots so long as no more are plucked
than the person taking the sample reasonably considers to be necessary
for a sufficient sample.
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14.
- (1) This paragraph applies to-
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(a) fingerprints
or samples taken under paragraph 10 or 12, and
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(b) information
derived from those samples.
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(2)
The fingerprints, samples or information may be used only for the
purpose of a terrorist investigation.
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(3)
In particular, a check may not be made against them under-
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(a) section
63A(1) of the Police and Criminal Evidence Act 1984 (checking
of fingerprints and samples), or
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(b) Article
63A(1) of the Police and Criminal Evidence (Northern Ireland)
Order 1989 (checking of fingerprints and samples),
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except
for the purpose of a terrorist investigation.
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(4)
The fingerprints, samples or information may be checked, subject
to sub-paragraph (2), against-
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(a) other
fingerprints or samples taken under paragraph 10 or 12 or information
derived from those samples,
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(b) relevant
physical data or samples taken by virtue of paragraph 20,
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(c) any of
the fingerprints, samples and information mentioned in section
63A(1)(a) and (b) of the Police and Criminal Evidence Act 1984
(checking of fingerprints and samples),
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(d) any of
the fingerprints, samples and information mentioned in Article
63A(1)(a) and (b) of the Police and Criminal Evidence (Northern
Ireland) Order 1989 (checking of fingerprints and samples), and
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(e) fingerprints
or samples taken under section 15(9) of, or paragraph 7(5) of
Schedule 5 to, the Prevention of Terrorism (Temporary Provisions)
Act 1989 or information derived from those samples.
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(5)
This paragraph (other than sub-paragraph (4)) shall apply to fingerprints
or samples taken under section 15(9) of, or paragraph 7(5) of Schedule
5 to, the Prevention of Terrorism (Temporary Provisions) Act 1989
and information derived from those samples as it applies to fingerprints
or samples taken under paragraph 10 or 12 and the information derived
from those samples.
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15.
- (1) In the application of paragraphs 10 to 14 in relation to a
person detained in England or Wales the following expressions shall
have the meaning given by section 65 of the Police and Criminal
Evidence Act 1984 (Part V definitions)-
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(a) "appropriate
consent",
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(e) "non-intimate
sample",
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(f) "registered
dentist", and
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(2)
In the application of paragraphs 10 to 14 in relation to a person
detained in Northern Ireland the expressions listed in sub-paragraph
(1) shall have the meaning given by Article 53 of the Police and
Criminal Evidence (Northern Ireland) Order 1989 (definitions).
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(3)
In paragraph 10 "recordable offence" shall have-
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(a) in relation
to a person detained in England or Wales, the meaning given by
section 118(1) of the Police and Criminal Evidence Act 1984 (general
interpretation), and
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(b) in relation
to a person detained in Northern Ireland, the meaning given by
Article 2(2) of the Police and Criminal Evidence (Northern Ireland)
Order 1989 (definitions).
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Rights: Scotland |
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16.
- (1) A person detained under Schedule 7 or section 41 at a police
station in Scotland shall be entitled to have intimation of his
detention and of the place where he is being detained sent without
delay to a solicitor and to another person named by him.
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(2)
The person named must be-
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(a) a friend
of the detained person,
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(c) a person
who is known to the detained person or who is likely to take an
interest in his welfare.
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(3)
Where a detained person is transferred from one police station to
another, he shall be entitled to exercise the right under sub-paragraph
(1) in respect of the police station to which he is transferred.
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(4)
A police officer not below the rank of superintendent may authorise
a delay in making intimation where, in his view, the delay is necessary
on one of the grounds mentioned in paragraph 17(3) or where paragraph
17(4) applies.
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(5)
Where a detained person requests that the intimation be made, there
shall be recorded the time when the request is-
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(6)
A person detained shall be entitled to consult a solicitor at any
time, without delay.
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(7)
A police officer not below the rank of superintendent may authorise
a delay in holding the consultation where, in his view, the delay
is necessary on one of the grounds mentioned in paragraph 17(3)
or where paragraph 17(4) applies.
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(8)
Subject to paragraph 17, the consultation shall be private.
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(9)
Where a person is detained under section 41 he must be permitted
to exercise his rights under this paragraph before the end of the
period mentioned in subsection (3) of that section.
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17.
- (1) An officer not below the rank of Assistant Chief Constable
may direct that the consultation mentioned in paragraph 16(6) shall
be in the presence of a uniformed officer not below the rank of
inspector if it appears to the officer giving the direction to be
necessary on one of the grounds mentioned in sub-paragraph (3).
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(2)
A uniformed officer directed to be present during a consultation
shall be an officer who, in the opinion of the officer giving the
direction, has no connection with the case.
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(3)
The grounds mentioned in paragraph 16(4) and (7) and in sub-paragraph
(1) are-
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(a) that it
is in the interests of the investigation or prevention of crime;
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(b) that it
is in the interests of the apprehension, prosecution or conviction
of offenders;
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(c) that it
will further the recovery of property obtained as a result of
the commission of an offence or in respect of which a forfeiture
order could be made under section 23;
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(d) that it
will further the operation of Part VI of the Criminal Justice
Act 1988, Part I of the Proceeds of Crime (Scotland) Act 1995
or the Proceeds of Crime (Northern Ireland) Order 1996 (confiscation
of the proceeds of an offence).
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(4)
This sub-paragraph applies where an officer mentioned in paragraph
16(4) or (7) has reasonable grounds for believing that-
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(a) the detained
person has committed an offence to which Part VI of the Criminal
Justice Act 1988, Part I of the Proceeds of Crime (Scotland) Act
1995 or the Proceeds of Crime (Northern Ireland) Order 1996 (confiscation
of the proceeds of an offence) applies,
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(b) the detained
person has benefited from the offence within the meaning of that
Part or Order, and
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(c) by informing
the named person of the detained person's detention (in the case
of an authorisation under paragraph 16(4)) or by the exercise
of the entitlement under paragraph 16(6) (in the case of an authorisation
under paragraph 16(7)) the recovery of the value of that benefit
will be hindered.
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(5)
Where delay is authorised in the exercising of any of the rights
mentioned in paragraph 16(1) and (6)-
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(a) if the
authorisation is given orally, the person giving it shall confirm
it in writing as soon as is reasonably practicable,
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(b) the detained
person shall be told the reason for the delay as soon as is reasonably
practicable, and
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(c) the reason
shall be recorded as soon as is reasonably practicable.
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18.
- (1) Paragraphs 16 and 17 shall have effect, in relation to a person
detained under section 41 or Schedule 7, in place of any enactment
or rule of law under or by virtue of which a person arrested or
detained may be entitled to communicate or consult with any other
person.
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(2)
But, where a person detained under Schedule 7 or section 41 at a
police station in Scotland appears to a constable to be a child-
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(a) the other
person named by the person detained in pursuance of paragraph
16(1) shall be that person's parent, and
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(b) section
15(4) of the Criminal Procedure (Scotland) Act 1995 shall apply
to the person detained as it applies to a person who appears to
a constable to be a child who is being detained as mentioned in
paragraph (b) of section 15(1) of that Act,
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and
in this sub-paragraph "child" and "parent" have the same meaning
as in section 15(4) of that Act.
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19.
The Secretary of State shall, by order, make provision to require
that-
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(a) except
in such circumstances, and
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(b) subject
to such conditions,
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as
may be specified in the order, where a person detained has been
permitted to consult a solicitor, the solicitor shall be allowed
to be present at any interview carried out in connection with a
terrorist investigation or for the purposes of Schedule 7.
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20.
- (1) Subject to the modifications specified in sub-paragraphs (2)
and (3), section 18 of the Criminal Procedure (Scotland) Act 1995
(procedure for taking certain prints and samples) shall apply to
a person detained under Schedule 7 or section 41 at a police station
in Scotland as it applies to a person arrested or a person detained
under section 14 of that Act.
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(2)
For subsection (2) of section 18 there shall be substituted-
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"(2)
A constable may take from a detained person or require a detained
person to provide relevant physical data only if-
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(a)
in the case of a person detained under section 41 of the
Terrorism Act 2000, he reasonably suspects that the person
has been involved in an offence under any of the provisions
mentioned in section 40(1)(a) of that Act and he reasonably
believes that the relevant physical data will tend to confirm
or disprove his involvement, or
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(b)
in any case, he is satisfied that it is necessary in order
to assist in determining whether the person falls within
section 40(1)(b) of that Act."
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(3)
Subsections (3) to (5) shall not apply, but any relevant physical
data or sample taken in pursuance of section 18 as applied by this
paragraph shall be retained only for the purposes of terrorist investigations.
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PART
II |
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REVIEW
OF DETENTION UNDER SECTION 41 |
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Requirement |
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21.
- (1) A person's detention shall be periodically reviewed by a review
officer.
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(2)
The first review shall be carried out as soon as is reasonably practicable
after the time of the person's arrest.
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(3)
Subsequent reviews shall, subject to paragraph 22, be carried out
at intervals of not more than 12 hours.
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(4)
No review of a person's detention shall be carried out after a warrant
extending his detention has been issued under Part III.
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Postponement |
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22.
- (1) A review may be postponed if at the latest time at which it
may be carried out in accordance with paragraph 21-
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(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,
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(b) no review
officer is readily available, or
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(c) it is
not practicable for any other reason to carry out the review.
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(2)
Where a review is postponed it shall be carried out as soon as is
reasonably practicable.
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(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.
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Grounds for continued detention |
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23.
- (1) A review officer may authorise a person's continued detention
only if satisfied that it is necessary-
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(a) to obtain
relevant evidence whether by questioning him or otherwise,
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(b) to preserve
relevant evidence,
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(c) pending
a decision whether to apply to the Secretary of State for a deportation
notice to be served on the detained person,
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(d) pending
the making of an application to the Secretary of State for a deportation
notice to be served on the detained person,
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(e) pending
consideration by the Secretary of State whether to serve a deportation
notice on the detained person, or
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(f) pending
a decision whether the detained person should be charged with
an offence.
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(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.
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(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.
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(4)
In sub-paragraph (1)(a) and (b) "relevant evidence" means evidence
which-
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(a) relates
to the commission by the detained person of an offence under any
of the provisions mentioned in section 40(1)(a), or
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(b) indicates
that the detained person falls within section 40(1)(b).
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(5)
In sub-paragraph (1) "deportation notice" means notice of a decision
to make a deportation order under the Immigration Act 1971.
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Review officer |
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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.
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(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.
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(3)
In the case of any other review, the review officer shall be an
officer of at least the rank of superintendent.
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25.
- (1) This paragraph applies where-
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(a) the review
officer is of a rank lower than superintendent,
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(b) an officer
of higher rank than the review officer gives directions relating
to the detained person, and
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(c) those
directions are at variance with the performance by the review
officer of a duty imposed on him under this Schedule.
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(2)
The review officer shall refer the matter at once to an officer
of at least the rank of superintendent.
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Representations |
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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-
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(a) the detained
person, or
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(b) a solicitor
representing him who is available at the time of the review.
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(2)
Representations may be oral or written.
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(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.
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Rights |
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27.
- (1) Where a review officer authorises continued detention he shall
inform the detained person-
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(a) of any
of his rights under paragraphs 6 and 7 which he has not yet exercised,
and
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(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.
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(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-
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(a) the review
officer shall consider whether the reason or reasons for which
the delay was authorised continue to subsist, and
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(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).
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(3)
In the application of this paragraph to Scotland, for the references
to paragraphs 6, 7 and 8 substitute references to paragraph 16.
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(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-
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(a) section
135(3) of the Criminal Procedure (Scotland) Act 1995, and
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(b) Article
8(1) of the Criminal Justice (Children) (Northern Ireland) Order
1998.
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(5)
Section 22(1) of the Criminal Procedure (Scotland) Act 1995 (interim
liberation by officer in charge of police station) shall not apply
to a person detained under section 41.
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Record |
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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-
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(a) the grounds
upon which continued detention is authorised,
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(b) the reason
for postponement of the review,
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(c) the fact
that the detained person has been informed as required under paragraph
27(1),
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(d) the officer's
conclusion on the matter considered under paragraph 27(2)(a),
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(e) the fact
that he has taken action under paragraph 27(2)(b), and
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(f) the fact
that the detained person is being detained by virtue of section
41(5) or (6).
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(2)
The review officer shall-
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(a) make the
record in the presence of the detained person, and
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(b) inform
him at that time whether the review officer is authorising continued
detention, and if he is, of his grounds.
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(3)
Sub-paragraph (2) shall not apply where, at the time when the record
is made, the detained person is-
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(a) incapable
of understanding what is said to him,
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(b) violent
or likely to become violent, or
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(c) in urgent
need of medical attention.
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PART
III |
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EXTENSION
OF DETENTION UNDER SECTION 41 |
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Warrants of further detention |
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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.
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(2)
A warrant of further detention-
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|
(a) shall
authorise the further detention under section 41 of a specified
person for a specified period, and
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|
(b) shall
state the time at which it is issued.
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(3)
The specified period in relation to a person shall end not later
than the end of the period of seven days beginning-
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(a) with the
time of his arrest under section 41, or
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(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.
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(4)
In this Part "judicial authority" means-
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(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,
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(b) in Scotland,
the sheriff, and
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(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.
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Time limit |
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30.
- (1) An application for a warrant shall be made-
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|
(a) during
the period mentioned in section 41(3), or
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(b) within
six hours of the end of that period.
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(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).
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|
(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.
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Notice |
|
31.
An application for a warrant may not be heard unless the person
to whom it relates has been given a notice stating-
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|
(a) that the
application has been made,
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|
(b) the time
at which the application was made,
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|
(c) the time
at which it is to be heard, and
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|
(d) the grounds
upon which further detention is sought.
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|
Grounds for extension |
|
32.
- (1) A judicial authority may issue a warrant of further detention
only if satisfied that-
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|
(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
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|
(b) the investigation
in connection with which the person is detained is being conducted
diligently and expeditiously.
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|
(2)
In sub-paragraph (1) "relevant evidence" means, in relation to the
person to whom the application relates, evidence which-
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|
(a) relates
to his commission of an offence under any of the provisions mentioned
in section 40(1)(a), or
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|
(b) indicates
that he is a person falling within section 40(1)(b).
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|
Representation |
|
33.
- (1) The person to whom an application relates shall-
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|
(a) be given
an opportunity to make oral or written representations to the
judicial authority about the application, and
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|
(b) subject
to sub-paragraph (3), be entitled to be legally represented at
the hearing.
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|
(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-
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|
(a) he is
not legally represented,
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|
(b) he is
entitled to be legally represented, and
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|
(c) he wishes
to be so represented.
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|
(3)
A judicial authority may exclude any of the following persons from
any part of the hearing-
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|
(a) the person
to whom the application relates;
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|
(b) anyone
representing him.
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|
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-
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|
(a) the person
to whom the application relates, and
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|
(b) anyone
representing him.
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|
(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,
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|
(e) the prevention
of an act of terrorism would be made more difficult as a result
of a person being alerted,
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|
(f) the gathering
of information about the commission, preparation or instigation
of an act of terrorism would be interfered with, or
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|
(g) a person
would be interfered with or physically injured.
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|
(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 Criminal
Justice Act 1988, Part I of the Proceeds of Crime (Scotland) Act
1995, or the 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.
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|
Adjournments |
|
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).
|
|
Extensions of warrants |
|
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).
|
|
Detention - conditions |
|
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.
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