SCHEDULES

SCHEDULE 3Border security

PART 3Review of detention

52General requirements

1

The detention of a person (“the detainee”) under Part 1 of this Schedule must be periodically reviewed by a review officer.

2

The first review must be carried out before the end of the period of one hour beginning with the detainee’s detention under that Part.

3

Subsequent reviews must be carried out at intervals of not more than two hours.

4

The review officer may authorise a detainee’s continued detention under Part 1 of this Schedule only if satisfied that it is necessary for the purposes of exercising a power under paragraph 1 or 2.

5

If on a review under this paragraph the review officer does not authorise a detainee’s continued detention, the detainee must be released (unless detained under another power).

6

In this Part of this Schedule “review officer” means a senior officer who has not been directly involved in questioning the detainee under paragraph 1 or 2.

7

“Senior officer” means—

a

where the examining officer is a constable, a constable of a higher rank than the examining officer,

b

where the examining officer is an immigration officer, an immigration officer of a higher grade than the examining officer, and

c

where the examining officer is a customs officer, a customs officer of a higher grade than the examining officer.