SCHEDULES

SCHEDULE 3Border security

PART 2Detention

32Rights: England, Wales and Northern Ireland

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).