Counter-Terrorism and Border Security Act 2019

Rights: England, Wales and Northern Ireland

32 (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).