National Security Act 2023

Part 1 U.K. Treatment of persons detained under section 27

Place of detention U.K.

1 (1) The Secretary of State may designate places at which persons may be detained under section 27.

(2) The power in sub-paragraph (1) may be exercised only in relation to land or a building in the United Kingdom which is owned or controlled by a police force.

(3) 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 27.

(4) A constable who arrests a person under section 27 must take the person as soon as is reasonably practicable to the police station which the constable considers the most appropriate.

(5) Where a person is arrested under section 27 in one part of the United Kingdom and some or all of the person’s detention under that section 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 the person while detained in that part.

(6) In this paragraph—

• “building” includes any part of a building;

• “police force” has the same meaning as in paragraph 28.

Commencement Information

I1 Sch. 6 para. 1 not in force at Royal Assent, see 100(1)

I2 Sch. 6 para. 1 in force at 20.12.2023 by S.I. 2023/1272, reg. 2(a)

Identification U.K.

2 (1) An authorised person may take any steps which are reasonably necessary for—

(a) photographing the detained person,

(b) measuring the detained person, or

(c) identifying the detained person.

(2) In sub-paragraph (1) “authorised person” means any of the following—

(a) a constable;

(b) a prison officer;

(c) a person authorised by the Secretary of State.

(3) This paragraph does not confer the power to take—

(a) fingerprints, non-intimate samples or intimate samples (see instead paragraphs 10 to 14 below), or

(b) relevant physical data or samples as mentioned in section 18 of the Criminal Procedure (Scotland) Act 1995, as applied by paragraph 18 below.

Commencement Information

I3 Sch. 6 para. 2 not in force at Royal Assent, see 100(1)

I4 Sch. 6 para. 2 in force at 20.12.2023 by S.I. 2023/1272, reg. 2(a)

Video recording of interviews U.K.

3 (1) This paragraph applies to any interview by a constable of a detained person that takes place in a police station.

(2) The Secretary of State must—

(a) issue a code of practice about the video recording of interviews to which this paragraph applies, and

(b) make regulations requiring the video recording of interviews to which this paragraph applies in accordance with any relevant code of practice under paragraph (a).

(3) Regulations under sub-paragraph (2) must state that the video recording is to be with sound.

(4) A code of practice under this paragraph—

(a) may make provision in relation to a particular part of the United Kingdom, and

(b) may make different provision for different parts of the United Kingdom.

(5) The failure by a constable to observe a provision of a code does not of itself make the constable liable to criminal or civil proceedings.

(6) A code—

(a) is admissible in evidence in criminal and civil proceedings, and

(b) is to be taken into account by a court or tribunal in any case in which it appears to the court or tribunal to be relevant.

(7) The Secretary of State may revise a code and issue the revised code.

Commencement Information

I5 Sch. 6 para. 3 not in force at Royal Assent, see 100(1)

I6 Sch. 6 para. 3 in force at 20.12.2023 by S.I. 2023/1272, reg. 2(a)

4 (1) Before issuing a code of practice under paragraph 3, the Secretary of State must—

(a) publish a draft code,

(b) consider any representations made about the draft, and

(c) if the Secretary of State thinks it appropriate, modify the draft in the light of any such representations.

(2) The Secretary of State must lay a draft of the code before Parliament.

(3) After the code has been laid before Parliament the Secretary of State may bring it into operation by regulations.

(4) Sub-paragraphs (1) to (3) apply to the issue of a revised code as they apply to the first issue of the code.

Commencement Information

I7 Sch. 6 para. 4 not in force at Royal Assent, see 100(1)

I8 Sch. 6 para. 4 in force at 20.12.2023 by S.I. 2023/1272, reg. 2(a)

Status U.K.

5 A detained person is to be treated as being in legal custody throughout the period of the person’s detention.

Commencement Information

I9 Sch. 6 para. 5 not in force at Royal Assent, see 100(1)

I10 Sch. 6 para. 5 in force at 20.12.2023 by S.I. 2023/1272, reg. 2(a)