SCHEDULES

SCHEDULE 3Border security

PART 1Powers

5Power to stop, question and detain

1

This paragraph applies where a person is questioned under paragraph 1 or 2.

2

At the end of the 1 hour period, the person may not be questioned under either of those paragraphs unless the person is detained under paragraph 4.

3

If the person is detained under paragraph 4, the person must be released not later than the end of the 6 hour period (unless detained under another power).

4

In this paragraph—

  • “the 1 hour period” is the period of 1 hour beginning with the time the person is first questioned under paragraph 1 or 2;

  • “the 6 hour period” is the period of 6 hours beginning with that time.

5

If a person detained under paragraph 4 is removed to hospital because the person needs medical treatment—

a

any time during which the person is being questioned under paragraph 1 or 2 in hospital or on the way there or back is to be included in calculating the 6 hour period, but

b

any other time when the person is in hospital or on the way there or back is not to be included.