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(a) offence, in relation to any country or territory outside the United
Kingdom, includes an act punishable under the law of that country
or territory, however it is described;

(b) a person has in particular been convicted of an offence under the law
5of a country or territory outside the United Kingdom if—

(i) a court exercising jurisdiction under the law of that country
or territory has made in respect of such an offence a finding
equivalent to a finding that the person is not guilty by reason
of insanity, or

(ii) 10such a court has made in respect of such an offence a finding
equivalent to a finding that the person is under a disability
and did the act charged against the person in respect of the
offence.

(8) If a person is convicted of more than one offence arising out of a single
15course of action, those convictions are to be treated as a single conviction for
the purposes of calculating under paragraph 37 whether the person has been
convicted of only one offence.

(9) Nothing in paragraph 37 prevents the start of a new retention period in
relation to paragraph 36 material if a person is detained again under Part 1
20of this Schedule when an existing retention period (whether or not
extended) is still in force in relation to that material.

39 (1) Paragraph 36 material may be retained for as long as a national security
determination made by a chief officer of police has effect in relation to it.

(2) A national security determination is made if a chief officer of police
25determines that it is necessary for any paragraph 36 material to be retained
for the purposes of national security.

(3) A national security determination—

(a) must be made in writing,

(b) has effect for a maximum of 5 years beginning with the date on
30which the determination is made, and

(c) may be renewed.

(4) In this paragraph “chief officer of police” means—

(a) a chief officer of police of a police force in England and Wales,

(b) the chief constable of the Police Service of Scotland, or

(c) 35the Chief Constable of the Police Service of Northern Ireland.

40 (1) This paragraph applies where paragraph 36 material is or includes a
person’s fingerprints (“the original fingerprints”).

(2) A constable may make a determination under this paragraph in respect of
any further fingerprints taken from, or provided by, the same person (“the
40further fingerprints”) if conditions 1 and 2 are met.

(3) Condition 1 is met if the further fingerprints—

(a) are paragraph 36 material,

(b) are taken or provided under or by virtue of—

(i) Part 5 of the Police and Criminal Evidence Act 1984,

(ii) 45Article 61 of the Police and Criminal Evidence (Northern
Ireland) Order 1989 (S.I. 1989/1341 (N.I. 12)),

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(iii) any provision, power or authority mentioned in section
18G(1) of the Criminal Procedure (Scotland) Act 1995,

(iv) paragraph 10 of Schedule 8 to the Terrorism Act 2000, or

(v) paragraph 1 or 4 of Schedule 6 to the Terrorism Prevention
5and Investigation Measures Act 2011, or

(c) are material to which section 18 of the Counter-Terrorism Act 2008
applies.

(4) Condition 2 is met if—

(a) in a case where the further fingerprints are material to which section
1018 of the Counter-Terrorism Act 2008 applies, the original
fingerprints and the further fingerprints are held under the law of
the same part of the United Kingdom;

(b) in any other case, the original fingerprints and the further
fingerprints were taken from or provided by the person in the same
15part of the United Kingdom.

(5) Where a determination under this paragraph is made in respect of the
further fingerprints—

(a) the further fingerprints may be retained for as long as the original
fingerprints are retained under any power conferred by paragraph
2037 or 39, and

(b) a requirement under any enactment to destroy the further
fingerprints does not apply for as long as their retention is authorised
by paragraph (a).

(6) Sub-paragraph (5)(a) does not prevent the further fingerprints being
25retained after the original fingerprints fall to be destroyed if the continued
retention of the further fingerprints is authorised under any enactment.

(7) A written record must be made of a determination under this paragraph.

41 (1) If fingerprints or relevant physical data are required by paragraph 36 to be
destroyed, any copies of the fingerprints or relevant physical data held by a
30police force must also be destroyed.

(2) If a DNA profile is required by that paragraph to be destroyed, no copy may
be retained by a police force except in a form which does not include
information which identifies the person to whom the DNA profile relates.

42 (1) This paragraph applies to—

(a) 35samples taken under paragraph 27, or

(b) samples taken by virtue of paragraph 35.

(2) Samples to which this paragraph applies must be destroyed if it appears to
the responsible chief officer of police that the taking of the sample was
unlawful.

(3) 40Subject to this, the rule in sub-paragraph (4) or (as the case may be) (5)
applies.

(4) A DNA sample to which this paragraph applies must be destroyed—

(a) as soon as a DNA profile has been derived from the sample, or

(b) if sooner, before the end of the period of 6 months beginning with the
45date on which the sample was taken.

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(5) Any other sample to which this paragraph applies must be destroyed before
the end of the period of 6 months beginning with the date on which it was
taken.

(6) Nothing in this paragraph prevents a relevant search, in relation to samples
5to which this paragraph applies, from being carried out within such time as
may reasonably be required for the search if the responsible chief officer of
police considers the search to be desirable.

(7) In this paragraph “a relevant search” has the meaning given by paragraph
36(6).

43 (1) 10Any material to which paragraph 36 or 42 applies must not be used other
than—

(a) in the interests of national security,

(b) for the purposes of a terrorist investigation, as defined by section 32
of the Terrorism Act 2000,

(c) 15for purposes related to the prevention or detection of crime, the
investigation of an offence or the conduct of a prosecution, or

(d) for purposes related to the identification of a deceased person or of
the person to whom the material relates.

(2) Subject to sub-paragraph (1), a relevant search (within the meaning given by
20paragraph 36(6)) may be carried out in relation to material to which
paragraph 36 or 42 applies if the responsible chief officer of police considers
the search to be desirable.

(3) Material which is required by paragraph 36 or 42 to be destroyed must not
at any time after it is required to be destroyed be used—

(a) 25in evidence against the person to whom the material relates, or

(b) for the purposes of the investigation of any offence.

(4) In this paragraph—

(a) the reference to using material includes a reference to allowing any
check to be made against it and to disclosing it to any person;

(b) 30the references to an investigation and to a prosecution include
references, respectively, to any investigation outside the United
Kingdom of any crime or suspected crime and to a prosecution
brought in respect of any crime in a country or territory outside the
United Kingdom.

(5) 35Sub-paragraphs (1), (2) and (4) do not form part of the law of Scotland.

44 In paragraphs 36 to 43

  • DNA profile” means any information derived from a DNA sample;

  • DNA sample” means any material that has come from a human body
    and consists of or includes human cells;

  • 40“fingerprints” has the meaning given by section 65(1) of the Police and
    Criminal Evidence Act 1984;

  • “paragraph 36 material” has the meaning given by paragraph 36(2);

  • “police force” means any of the following—

    (a)

    the metropolitan police force;

    (b)

    45a police force maintained under section 2 of the Police Act
    1996 (police forces in England and Wales outside London);

    (c)

    the City of London police force;

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    (d)

    the Police Service of Scotland;

    (e)

    the Scottish Police Authority;

    (f)

    the Police Service of Northern Ireland;

    (g)

    the Police Service of Northern Ireland Reserve;

    (h)

    5the Ministry of Defence Police;

    (i)

    the Royal Navy Police;

    (j)

    the Royal Military Police;

    (k)

    the Royal Air Force Police;

    (l)

    the British Transport Police;

  • 10“recordable offence” has—

    (a)

    in relation to a conviction in England and Wales, the meaning
    given by section 118(1) of the Police and Criminal Evidence
    Act 1984, and

    (b)

    in relation to a conviction in Northern Ireland, the meaning
    15given by Article 2(2) of the Police and Criminal Evidence
    (Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I. 12));

  • “relevant physical data” has the meaning given by section 18(7A) of the
    Criminal Procedure (Scotland) Act 1995;

  • “responsible chief officer of police” means, in relation to fingerprints or
    20samples taken in England or Wales, or a DNA profile derived from a
    sample so taken, the chief officer of police for the police area—

    (a)

    in which the material concerned was taken, or

    (b)

    in the case of a DNA profile, in which the sample from which
    the DNA profile was derived was taken;

  • 25“responsible chief officer of police” means, in relation to relevant
    physical data or samples taken or provided in Scotland, or a DNA
    profile derived from a sample so taken or provided, the chief
    constable of the Police Service of Scotland;

  • “responsible chief officer of police” means, in relation to fingerprints or
    30samples taken in Northern Ireland, or a DNA profile derived from a
    sample so taken, the Chief Constable of the Police Service of
    Northern Ireland.

Part 3 Review of detention

35General requirements

45 (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) 40Subsequent 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.

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(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
5not 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) 10where 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.

Representations

46 (1) 15Before determining whether to authorise a detainee’s continued detention,
a review officer must give either of the following persons an opportunity to
make representations about the detention—

(a) the detainee, or

(b) a solicitor representing the detainee who is available at the time of
20the review.

(2) Representations may be oral or written.

(3) A review officer may refuse to hear oral representations from the detainee if
the officer considers that the detainee is unfit to make representations
because of the detainee’s condition or behaviour.

25Rights

47 (1) Where a review officer authorises continued detention the officer must
inform the detainee—

(a) of any of the detainee’s rights under paragraph 22 or 23 (in the case
of a detainee in England, Wales or Northern Ireland), or paragraph
3030 (in the case of a detainee in Scotland), which have not yet been
exercised, and

(b) if the exercise of any of those rights is being delayed in accordance
with the provisions of paragraph 24 or 30, of the fact that it is being
delayed.

(2) 35Where a review of a detainee’s detention is being carried out at a time when
the detainee’s exercise of a right under paragraph 22 or 23 (in the case of a
detainee in England, Wales or Northern Ireland), or paragraph 30 (in the
case of a detainee in Scotland), is being delayed—

(a) the review officer must consider whether the reason or reasons for
40which the delay was authorised continue to subsist, and

(b) if in the review officer’s opinion the reason or reasons have ceased to
subsist, the review officer must inform the officer who authorised the
delay of that opinion (unless the review officer was that officer).

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Record

48 (1) A review officer carrying out a review must make a written record of the
outcome of the review and of any of the following which apply—

(a) the fact that the officer is satisfied that continued detention is
5necessary for the purposes of exercising a power under paragraph 1
or 2,

(b) the fact that the detainee has been informed as required under
paragraph 47(1),

(c) the officer’s conclusion on the matter considered under paragraph
1047(2)(a), and

(d) the fact that the officer has taken action under paragraph 47(2)(b).

(2) The review officer must inform the detainee whether the officer is
authorising continued detention, and if so that the officer is satisfied that
continued detention is necessary for the purposes of exercising a power
15under paragraph 1 or 2.

(3) Sub-paragraph (2) does not apply where the detainee is—

(a) incapable of understanding what is said,

(b) violent or likely to become violent, or

(c) in urgent need of medical attention.

20 Part 4 Codes of practice

49 (1) The Secretary of State must issue codes of practice about—

(a) training to be undertaken by constables, immigration officers and
customs officers who are to act as examining officers or exercise
25other functions under this Schedule,

(b) the exercise by such persons of functions conferred on them by virtue
of this Schedule,

(c) the video recording (with sound) of interviews by constables of
persons detained under Part 1 of this Schedule at a police station, and

(d) 30reviews under Part 3 of this Schedule.

(2) An examining officer must perform the functions conferred by virtue of this
Schedule in accordance with any relevant code of practice in operation
under sub-paragraph (1)(b).

(3) A code of the kind mentioned in sub-paragraph (1)(c)—

(a) 35may make different provision in relation to a particular part of the
United Kingdom;

(b) may make different provision for different parts of the United
Kingdom.

(4) A code of the kind mentioned in sub-paragraph (1)(d) must include
40provision about training to be undertaken by persons who are to act as
review officers.

(5) The failure of an examining officer to observe a provision of a code does not
of itself make the officer liable to criminal or civil proceedings.

(6) A code—

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(a) is admissible in evidence in criminal and civil proceedings, and

(b) is to be taken into account by a court or tribunal in any case in which
it appears to the court or tribunal to be relevant.

(7) The Secretary of State may revise a code and issue the revised code.

50 (1) 5Before issuing a code under paragraph 49 the Secretary of State must—

(a) publish a draft code,

(b) consider any representations made about the draft, and

(c) if the Secretary of State thinks it appropriate, modify the draft in the
light of any such representations.

(2) 10The Secretary of State must lay a draft of the code before Parliament.

(3) After the code has been laid before Parliament the Secretary of State may
bring it into operation by regulations.

(4) Sub-paragraphs (1) to (3) apply to the issue of a revised code as they apply
to the first issue of the code.

(5) 15Regulations under sub-paragraph (3) must be made by statutory
instrument.

(6) A statutory instrument containing regulations under sub-paragraph (3) may
not be made unless a draft of the instrument has been laid before and
approved by a resolution of each House of Parliament.

20 Part 5 Related powers

Entry

51 (1) An examining officer may enter a vehicle for the purpose of exercising a
function conferred on the officer by virtue of this Schedule.

(2) 25In this paragraph “vehicle” includes an aircraft, hovercraft, train or vessel.

Reasonable force

52 (1) An examining officer may if necessary use reasonable force for the purpose
of exercising a power conferred on the officer by virtue of this Schedule.

(2) Sub-paragraph (1) does not apply in relation to the powers conferred by
30paragraphs 1 or 2.

Information

53 (1) Information acquired by an examining officer may be supplied—

(a) to the Secretary of State for use in relation to immigration;

(b) to the Commissioners for Her Majesty’s Revenue and Customs or a
35customs officer;

(c) to a constable;

(d) to the National Crime Agency;

(e) to a person specified in regulations made by the Secretary of State for
use of a kind specified in the regulations.

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(2) Information acquired by a customs officer or an immigration officer may be
supplied to an examining officer.

(3) Regulations under this paragraph must be made by statutory instrument.

(4) A statutory instrument containing regulations under this paragraph may
5not be made unless a draft of the instrument has been laid before and
approved by a resolution of each House of Parliament.

Other police powers

54 A power conferred by virtue of this Schedule on a constable—

(a) is additional to powers exercisable at common law or by virtue of
10any other enactment, and

(b) is not to be taken to affect those powers.

Part 6 Review of powers

55 (1) The Investigatory Powers Commissioner (“the Commissioner”) must—

(a) 15keep under review the operation of the preceding provisions of this
Schedule, and

(b) as soon as reasonably practicable after the end of each calendar year,
make a report to the Secretary of State about the outcome of the
review for that calendar year.

(2) 20The Commissioner may, at any time, make any such report to the Secretary
of State, on any matter relating to the function of the Commissioner under
sub-paragraph (1)(a), as the Commissioner considers appropriate.

(3) On receiving a report under this paragraph the Secretary of State must—

(a) publish the report, and

(b) 25lay a copy of the published report before Parliament together with a
statement as to whether any part of the report has been excluded
from publication under sub-paragraph (4).

(4) The Secretary of State may, after consultation with the Commissioner,
exclude from publication any part of a report received under this paragraph
30if, in the opinion of the Secretary of State, the publication of that part would
be contrary to the public interest or prejudicial to—

(a) national security,

(b) the prevention or detection of crime,

(c) the economic well-being of the United Kingdom, or

(d) 35the continued discharge of the functions of any public authority
whose activities include activities that are subject to review by the
Commissioner.

(5) Section 229(6) and (7) of the Investigatory Powers Act 2016 (duty not to act
contrary to public interest etc) apply to the exercise of functions under this
40paragraph as they apply to the exercise of functions under that Act.

(6) In section 231 of the Investigatory Powers Act 2016 (error reporting), the
reference in subsection (9)(a) to any other enactment does not include this
Schedule.

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(7) The duty in section 234(1) of the Investigatory Powers Act 2016 (annual and
other reports) to make a report about the carrying out of functions does not
apply in relation to the functions of the Commissioner under this Schedule.

(8) In this paragraph “public authority” means a public authority within the
5meaning of section 6 of the Human Rights Act 1998, other than a court or
tribunal.

Part 7 Cross-Channel rail services

56 (1) At the end of Schedule 4 to the Channel Tunnel (International
10Arrangements) Order 1993 (S.I. 1993/1813) insert—

“Counter-Terrorism and Border Security Act 2018

7 (1) Schedule 3 to the Counter-Terrorism and Border Security Act 2018
(border security) is modified as follows.

(2) In paragraph 1

(a) 15in sub-paragraph (2) omit—

(i) “or in the border area”, in both places where it
occurs;

(ii) “or Northern Ireland”, where it occurs in
paragraph (b)(i);

(iii) 20paragraph (b)(ii);

(b) in sub-paragraph (3)—

(i) for “ship or aircraft” substitute “through train or
shuttle train”;

(ii) omit “or Northern Ireland”, in both places where it
25occurs;

(c) after sub-paragraph (3) insert—

(3A) An examination under sub-paragraph (1) may be
commenced in a train during the period when it is a control
area.”

(3) 30Omit paragraph 2.

(4) In paragraph 4

(a) in sub-paragraph (1), for “vehicle” substitute “through
train or shuttle train;

(b) in sub-paragraph (2), for “ship, aircraft or vehicle”
35substitute “through train or shuttle train”;

(c) omit sub-paragraph (4).

(5) In paragraph 7, for “ship or aircraft”, in each place where it occurs,
substitute “through train or shuttle train”.

(6) In paragraph 8

(a) 40in sub-paragraph (1), for “ship or aircraft”, in each place
where it occurs, substitute “through train or shuttle train”;

(b) omit sub-paragraph (2).

(7) In paragraph 9

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(a) in sub-paragraph (2)—

(i) in paragraph (a) omit “or Northern Ireland”;

(ii) in paragraph (a) for “ship or vehicle” substitute
“through train or shuttle train”;

(iii) 5omit paragraph (b);

(b) omit sub-paragraphs (3) and (4);

(c) in sub-paragraph (5), omit paragraph (b);

(d) in sub-paragraph (6)—

(i) for “ship or aircraft” substitute “through train or
10shuttle train”;

(ii) omit paragraph (b).

(8) Omit paragraph 56.

(9) In paragraph 57

(a) in sub-paragraph (4) omit the references to “captain”,
15“ship” and “vehicle” and for “an airport and a hoverport”
substitute “a railway station or other place where persons
embark or disembark, or goods are loaded or unloaded, on
or from a through train or shuttle train (as the case may
be)”;

(b) 20in sub-paragraph (5), for “ship or aircraft”, in both places,
substitute “through train or shuttle train”;

(c) omit sub-paragraph (6).

(10) In the following provisions, omit “or 2”—

(a) paragraph 3;

(b) 25paragraph 4(1);

(c) paragraph 5(1);

(d) paragraph 6;

(e) paragraph 24(2) and (8);

(f) paragraph 45(4) and (6);

(g) 30paragraph 48(1)(a) and (2).

(11) In the following provisions, after “this Schedule” insert “or the
Channel Tunnel (International Arrangements) Order 1993”—

(a) paragraph 49(1) and (2) (in each place where the words
occur);

(b) 35paragraph 52(1);

(c) paragraph 54.”>

(2) Nothing in sub-paragraph (1) affects the power in section 11 of the Channel
Tunnel Act 1987 to revoke or amend any provision of the Order amended by
that sub-paragraph.

40 Part 8 Interpretation

57 (1) This paragraph applies for the purposes of this Schedule.

(2) References to engagement in hostile activity are to be read in accordance
with paragraph 1(5); and references to a “hostile act” are to be read in
45accordance with paragraph 1(6).