New Clause 29 — Independent review and report

Orders of the Day – in the House of Commons at 5:45 pm on 11th June 2008.

Alert me about debates like this

'(1) After the end of any period during which an order was in force under section [Power to declare reserve power exercisable], the person appointed under section 36 of the Terrorism Act 2006 (c. 11) (review of terrorism legislation) must—

(a) carry out a review in accordance with this section, and

(b) send a report on the outcome of the review to the Secretary of State.

(2) The review must consider—

(a) whether before making the order the Secretary of State received a report complying with the requirements of section [Report of operational need for further extension of maximum period of detention] (report of operational need for further extension of maximum period of detention), and

(b) what information was before the Secretary of State as to the matters mentioned in the statement required by section [Statement to be laid before Parliament] (statement to be laid before Parliament),

and the report must state whether in the opinion of the person carrying out the review the decision of the Secretary of State to make the order was, in all the circumstances, reasonable.

(3) The review must consider the case of every person who was detained in pursuance of a warrant of further detention in which the specified period was extended beyond 28 days.

(4) The report must state with respect to each case whether in the opinion of the person carrying out the review—

(a) the procedures applicable to the making of an application to extend beyond 28 days the period specified in a warrant of further detention were properly followed, and

(b) the requirements of—

(i) Parts 1 and 2 of Schedule 8 to the Terrorism Act 2000 (c. 11) (treatment of detained persons and review of detention), and

(ii) any applicable code of practice under section 66 of the Police and Criminal Evidence Act 1984 (c. 60) or Article 65 of the Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I. 12)),

were complied with.

(5) The Secretary of State may pay the expenses of the person who conducts a review under this section and also such allowances as the Secretary of State determines.

(6) The report under this section relating to any period during which an order under section [Power to declare reserve power exercisable] was in force must be sent to the Secretary of State not later than six months after the order ceased to be in force.

(7) The Secretary of State must lay a copy of the report before Parliament as soon as reasonably practicable.

(8) In this section "warrant of further detention" and "the specified period" (in relation to such a warrant) have the meaning they have in Schedule 8 to the Terrorism Act 2000.'.

Watch this
Embed this video

Copy and paste this code on your website