"Part 4 — Reserve power to extend detention under section 41

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

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Introductory

38 The power conferred by this Part of this Schedule is exercisable only when an order under section [Power to declare reserve power exercisable] of the Counter-Terrorism Act 2008 is in force.

Application to court to authorise further detention

39 (1) Each of the following—

(a) in England and Wales, the Director of Public Prosecutions or a Crown Prosecutor acting with the consent of the Director,

(b) in Scotland, the Lord Advocate or a procurator fiscal,

(c) in Northern Ireland, the Director of Public Prosecutions for Northern Ireland,

may apply for the extension of the period specified in the warrant of further detention under which a person is detained, beyond the period of 28 days beginning with the relevant time.

(2) An application under this paragraph must be made to a senior judge.

(3) Subject to sub-paragraph (4), the period by which the specified period is further extended on an application under this section shall be the period—

(a) beginning with the end of the period for which the period specified in the warrant was last extended, and

(b) ending with whichever is the earlier of—

(i) the end of the period of 7 days beginning with that time, or

(ii) the end of the period of 42 days beginning with the relevant time.

(4) A senior judge may further extend the period specified in a warrant by a shorter period than is required by sub-paragraph (3) if—

(a) the application for the extension is an application for an extension by a period that is shorter than is so required, or

(b) the senior judge is satisfied that there are circumstances that would make it inappropriate for the period of the extension to be as long as the period so required.

(5) Where the specified period is extended under this paragraph—

(a) the warrant must be endorsed with a note stating the new specified period, and

(b) if the period is extended to a time that is more than 28 days after the relevant time, it is the duty of the applicant (in Scotland, of the Crown Agent)—

(i) to inform the Secretary of State forthwith, and

(ii) to provide the Secretary of State, as soon as practicable, with the information required by paragraph 41(3) and (4) (information to be contained in statement to Parliament).

Application to court: supplementary provisions

40 (1) Paragraphs 30(3) and 31 to 34 apply to an application under paragraph 39 as they apply to an application for a warrant of further detention, but—

(a) as if references to a judicial authority were to a senior judge,

(b) as if references to the judicial authority in question were to the senior judge in question, and

(c) as if the reference in paragraph 32(2) to relevant evidence were to evidence relating to the commission by the detained person or persons of a serious terrorist offence.

(2) In sub-paragraph (1)(c) "serious terrorist offence" means—

(a) an offence under the Terrorism Act 2000 (c. 11) or the Terrorism Act 2006 (c. 11), or

(b) an offence that has a terrorist connection (within the meaning of the Counter-Terrorism Act 2008: see section 87 of that Act),

in respect of which an offender who has attained the age of 21 (in England and Wales, 18) is liable on conviction to a sentence of imprisonment for life.

(3) Until the coming into force of section 61 of the Criminal Justice and Court Services Act 2000 (c. 43) (abolition of sentences of custody for life etc), sub-paragraph (2) has effect with the omission of the words "(in England and Wales, 18)".

(4) A senior judge may adjourn the hearing of an application under paragraph 39 only if the hearing is adjourned to a date before the end of the period specified in the warrant.

This does not apply to an adjournment under paragraph 33(2).

(5) In this Part of this Schedule "the relevant time", in relation to a person, means—

(a) the time of that person's arrest under section 41, or

(b) if that person was being detained under Schedule 7 at the time of that person's arrest under section 41, the time when that person's examination under that Schedule began.

(6) In this Part of this Schedule "senior judge" means—

(a) in England and Wales—

(i) a judge of the High Court, or

(ii) a circuit judge designated for the purposes of this Part of this Schedule by the Lord Chief Justice of England and Wales;

(b) in Scotland—

(i) a judge of the High Court of Justiciary, or

(ii) the sheriff;

(c) in Northern Ireland—

(i) a judge of the High Court, or

(ii) a county court judge designated for the purposes of this Part of this Schedule by the Lord Chief Justice of Northern Ireland.

(7) The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under sub-paragraph (6)(a).

(8) The Lord Chief Justice of Northern Ireland may nominate any of the following to exercise his functions under sub-paragraph (6)(c)—

(a) the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002;

(b) a Lord Justice of Appeal (as defined in section 88 of that Act).

Parliament to be informed if court authorises detention beyond 28 days

41 (1) If on an application under paragraph 39 the court extends the period specified in the warrant of further detention under which a person is detained to a time that is more than 28 days after the relevant time, the Secretary of State must inform Parliament.

(2) The Secretary of State must lay a statement before Parliament as soon as reasonably practicable after the period has been extended.

(3) The statement must specify—

(a) the date on which the period was further extended,

(b) the period by which the period was further extended, and

(c) the total number of days for which the person's detention has been authorised—

(i) beginning with the relevant time, and

(ii) ending with the last day of the period specified in the warrant.

(4) The statement must also give details of—

(a) the court that heard the application under paragraph 39 in relation to the detained person; and

(b) the place where the person is being detained.

(5) The statement must not include—

(a) any details of the person detained, or

(b) any material that might prejudice the prosecution of any person.".

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