Counter-Terrorism and Border Security Act 2019

18 Detention of terrorist suspects: hospital treatment

(1) The Terrorism Act 2000 is amended as follows.

(2) In section 41 (arrest without a warrant), after subsection (8) insert—

“(8A) If a person detained under this section, including by virtue of a warrant under Part 3 of Schedule 8, is removed to hospital because the person needs medical treatment—

(a) any time during which the person is being questioned in hospital or on the way there or back for the purpose of obtaining relevant evidence is to be included in calculating any period which falls to be calculated for the purposes of this section or Part 3 of Schedule 8, but

(b) any other time when the person is in hospital or on the way there or back is not to be included.

(8B) In subsection (8A), “relevant evidence” means, in relation to the detained person, evidence which—

(a) relates to the person’s commission of an offence under any of the provisions mentioned in section 40(1)(a), or

(b) indicates that the person is a person falling within section 40(1)(b).”

(3) In Schedule 7 (port and border controls), in paragraph 6A, after sub-paragraph (3) insert—

“(3A) If a person detained under paragraph 6 is removed to hospital because the person needs medical treatment—

(a) any time during which the person is being questioned under paragraph 2 or 3 in hospital or on the way there or back is to be included in calculating the 6 hour period, but

(b) any other time when the person is in hospital or on the way there or back is not to be included.”