SCHEDULES

SCHEDULE 8 U.K. Detention

Modifications etc. (not altering text)

C1 Schs. 7, 8, 14 extended (with modifications) (coming into force in accordance with art. 1(2) of the extending S.I.) by The Nationality, Immigration and Asylum Act 2002 (Juxtaposed Controls) Order 2003 (S.I. 2003/2818), art. 11(1)(b), Sch. 2 (as amended (31.3.2021) by The Nationality, Immigration and Asylum Act 2002 (Juxtaposed Controls) (Amendment) Order 2021 (S.I. 2021/311), arts. 1(2), 2(7)(b)(ii)(iii))

C2 Sch. 8 applied (with modifications) (25.7.2006) by Terrorism Act 2006 (c. 11), s. 25(1)(3)(4); S.I. 2006/1936, art. 2

Part I U.K. Treatment of persons detained under section 41 [F1 or 43B] or Schedule 7

Textual Amendments

F1 Words in Sch. 8 Pt. 1 heading inserted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 184(2)(b), 208(5)(w)

[F2 Destruction and retention of fingerprints and samples etc: United Kingdom U.K.

Textual Amendments

F2 Sch. 8 paras. 20A-20J and cross-heading inserted (31.10.2013 for all paras. except para. 20F(1) (which is in force 31.1.2014), and except, for specified purposes, para. 20G) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 1 para. 1(4) (with s. 97); S.I. 2013/1814, arts. 2(i), 3(b)

20E (1) Paragraph 20A material may be retained for as long as a national security determination made by [F3 a] chief officer of police has effect in relation to it. U.K.

(2) A national security determination is made if [F4 a] chief officer of police determines that it is necessary for any paragraph 20A material to be retained for the purposes of national security.

(3) A national security determination—

(a) must be made in writing,

(b) has effect for a maximum of [F5 5 years] beginning with the date on which the determination is made, and

(c) may be renewed.

[F6 (4) In this paragraph “chief officer of police” means—

(a) a chief officer of police of a police force in England and Wales,

(b) the chief constable of the Police Service of Scotland, or

(c) the Chief Constable of the Police Service of Northern Ireland.]]

Textual Amendments

F3 Word in Sch. 8 para. 20E(1) substituted (13.8.2020) by Counter-Terrorism and Border Security Act 2019 (c. 3), s. 27(2)(b), Sch. 2 para. 10(2); S.I. 2020/792, reg. 2(e)

F4 Word in Sch. 8 para. 20E(2) substituted (13.8.2020) by Counter-Terrorism and Border Security Act 2019 (c. 3), s. 27(2)(b), Sch. 2 para. 10(3); S.I. 2020/792, reg. 2(e)

F5 Words in Sch. 8 para. 20E(3)(b) substituted (13.8.2020) by Counter-Terrorism and Border Security Act 2019 (c. 3), s. 27(2)(b), Sch. 2 para. 10(4) (with s. 25(7)(8)); S.I. 2020/792, reg. 2(e)

F6 Sch. 8 para. 20E(4) inserted (13.8.2020) by Counter-Terrorism and Border Security Act 2019 (c. 3), s. 27(2)(b), Sch. 2 para. 10(5); S.I. 2020/792, reg. 2(e)