SCHEDULES
C1C3C2SCHEDULE 3Border security
Sch. 3 modified by S.I. 1994/1405, art. 7 (as amended (coming into force in accordance with art. 1(3) of the amending S.I.) by The Channel Tunnel (International Arrangements and Miscellaneous Provisions) (Amendment) Order 2020 (S.I. 2020/915), arts. 1(3), 11)
Sch. 3 modified (30.9.2020 immediately after the amendments by S.I. 2020/915, art. 5 come into force) by The Channel Tunnel (Arrangements with the Kingdom of the Netherlands) Order 2020 (S.I. 2020/916), arts. 1(3), 6
C1PART 2Detention
Rights: England, Wales and Northern Ireland
I1I2C132
1
A police officer of at least the rank of superintendent may authorise a delay—
a
in informing the person named by a detainee under paragraph 29;
b
in permitting a detainee to consult a solicitor under paragraph 30.
2
An officer may give an authorisation under sub-paragraph (1) only if the officer has reasonable grounds for believing—
a
in the case of an authorisation under sub-paragraph (1)(a), that informing the named person of the detainee's detention will have any of the consequences specified in sub-paragraph (3), or
b
in the case of an authorisation under sub-paragraph (1)(b), that the exercise of the right under paragraph 30 at the time when the detainee desires to exercise it will have any of the consequences specified in sub-paragraph (3).
3
Those consequences are—
a
interference with or harm to evidence of an indictable offence,
b
interference with or physical injury to any person,
c
the alerting of persons who are suspected of having committed an indictable offence but who have not been arrested for it,
d
the hindering of the recovery of property obtained as a result of an indictable offence, or
e
interference with the gathering of information about the commission, preparation or instigation of acts carried out in connection with a person's engagement in hostile activity.
4
If an authorisation under sub-paragraph (1) is given orally, the person giving it must confirm it in writing as soon as is reasonably practicable.
5
Where an authorisation under sub-paragraph (1) is given—
a
the detainee is to be told the reason for the delay as soon as is reasonably practicable, and
b
the reason is to be recorded as soon as is reasonably practicable.
6
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).
Sch. 3 modified by S.I. 1993/1813, Sch. 4 para. 7 (as inserted (12.2.2019 for specified purposes; 13.8.2020 in so far as not already in force) by Counter Terrorism and Border Security Act 2019 (c. 3), s. 27(1)(g), Sch. 3 para. 63(1) (with s. 25(9), Sch. 3 para. 63(2)); S.I. 2020/792, reg. 2(g))