SCHEDULES
C3C2SCHEDULE 8 Detention
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 Treatment of persons detained under section 41 F6or 43B or Schedule 7
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)
Rights: England, Wales and Northern Ireland
C18
F7A1
This paragraph does not apply in the case of a person detained under section 43B (except for the purposes of paragraph 9(3)(a)).
1
Subject to sub-paragraph (2), F8a police officer of at least the rank of superintendent may authorise a delay—
a
in informing the person named by a detained person under paragraph 6;
b
in permitting a detained person to consult a solicitor under paragraph 7.
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.
3
Subject to sub-paragraph (5), an officer may give an authorisation under sub-paragraph (1) only if he has reasonable grounds for believing—
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
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).
4
Those consequences are—
a
interference with or harm to evidence of a F2serious offence,
b
interference with or physical injury to any person,
c
the alerting of persons who are suspected of having committed a F2serious offence but who have not been arrested for it,
d
e
interference with the gathering of information about the commission, preparation or instigation of acts of terrorism,
f
the alerting of a person and thereby making it more difficult to prevent an act of terrorism, and
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.
F15
An officer may also give an authorisation under sub-paragraph (1) if he has reasonable grounds for believing that—
a
the detained person has benefited from his criminal conduct, and
b
the recovery of the value of the property constituting the benefit will be hindered by—
i
informing the named person of the detained person’s detention (in the case of an authorisation under sub-paragraph (1)(a)), or
ii
the exercise of the right under paragraph 7 (in the case of an authorisation under sub-paragraph (1)(b)).
5A
For the purposes of sub-paragraph (5) the question whether a person has benefited from his criminal conduct is to be decided in accordance with Part 2 of the Proceeds of Crime Act 2002.
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.
7
Where an authorisation under sub-paragraph (1) is given—
a
the detained person shall be told the reason for the delay as soon as is reasonably practicable, and
b
the reason shall be recorded as soon as is reasonably practicable.
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).
9
F3In this paragraph, references to a “serious offence” are F4... to an indictable offence, F4... ; but also include—
a
an offence under any of the provisions mentioned in section 40(1)(a) of this Act, and
b
an attempt or conspiracy to commit an offence under any of the provisions mentioned in section 40(1)(a).
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))