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PART III |
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EXTENSION OF DETENTION UNDER SECTION 39 |
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Warrants of further detention |
| | 24. - (1) A police officer of at least the rank of superintendent may apply to a judicial authority for the issue of a warrant of further detention under this Part.
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(2) A warrant of further detention-
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(a) shall authorise the further detention under section 39 of a specified person for a specified period, and |
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(b) shall state the time at which it is issued. |
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(3) The specified period in relation to a person shall end not later than the end of the period of seven days beginning-
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(a) with the time of his arrest under section 39, or |
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(b) if he was being detained under Schedule 6 when he was arrested under section 39, with the time when his examination under that Schedule began. |
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(4) In this Part "judicial authority" means-
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(a) in England and Wales, the Senior District Judge (Chief Magistrate) or his deputy, or a District Judge (Magistrates' Courts) who is designated for the purpose of this Part by the Lord Chancellor, |
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(b) in Scotland, the sheriff, and |
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(c) in Northern Ireland, a county court judge, or a resident magistrate who is designated for the purpose of this Part by the Lord Chancellor. |
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Time limit |
| | 25. - (1) An application for a warrant shall be made-
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(a) during the period mentioned in section 39(3), or |
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(b) within six hours of the end of that period. |
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(2) The judicial authority hearing an application made by virtue of sub-paragraph (1)(b) shall dismiss the application if he considers that it would have been reasonably practicable to make it during the period mentioned in section 39(3).
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Notice |
| | 26. An application for a warrant may not be made unless the person to whom it relates has been given a notice stating-
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(a) that an application will be made, |
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(b) the time at which it is to made, and |
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(c) the grounds upon which further detention is sought. |
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Grounds for extension |
| | 27. - (1) A judicial authority may issue a warrant of further detention only if satisfied that-
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(a) there are reasonable grounds for believing that the further detention of the person to whom the application relates is necessary to obtain relevant evidence whether by questioning him or otherwise or to preserve relevant evidence, and |
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(b) the investigation in connection with which the person is detained is being conducted diligently and expeditiously. |
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(2) In sub-paragraph (1) "relevant evidence" means, in relation to the person to whom the application relates, evidence which-
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(a) relates to his commission of an offence under any of the provisions mentioned in section 38(1)(a), or |
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(b) indicates that he is a person falling within section 38(1)(b). |
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Representation |
| | 28. - (1) The person to whom an application relates shall-
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(a) be given an opportunity to make oral or written representations to the judicial authority about the application, and |
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(b) subject to sub-paragraph (3), be entitled to be legally represented at the hearing. |
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(2) A judicial authority shall adjourn the hearing of an application to enable the person to whom the application relates to obtain legal representation where-
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(a) he is not legally represented, |
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(b) he is entitled to be legally represented, and |
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(c) he wishes to be so represented. |
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(3) A judicial authority may exclude any of the following persons from any part of the hearing-
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(a) the person to whom the application relates; |
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(b) anyone representing him. |
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Information |
| | 29. - (1) The officer making an application for a warrant may apply to the judicial authority for an order that specified information upon which he intends to rely be withheld from-
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(a) the person to whom the application relates, and |
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(b) anyone representing him. |
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(2) A judicial authority may make an order under sub-paragraph (1) in relation to specified information only if satisfied that there are reasonable grounds for believing that if the information were disclosed-
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(a) evidence of an offence under any of the provisions mentioned in section 38(1)(a) would be interfered with or harmed, |
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(b) the recovery of property obtained as a result of an offence under any of those provisions would be hindered, |
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(c) the apprehension, prosecution or conviction of a person who is suspected of falling within section 38(1)(a) or (b) would be made more difficult as a result of his being alerted, |
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(d) the prevention of an act of terrorism would be made more difficult as a result of a person being alerted, |
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(e) the gathering of information about the commission, preparation or instigation of an act of terrorism would be interfered with, or |
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(f) a person would be interfered with or physically injured. |
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(3) The judicial authority shall direct that the following be excluded from the hearing of the application under this paragraph-
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(a) the person to whom the application for a warrant relates, and |
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(b) anyone representing him. |
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Extensions of warrants |
| | 30. - (1) A police officer of at least the rank of superintendent may apply to a judicial authority for the extension or further extension of the period specified in a warrant of further detention.
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(2) Where the period specified is extended, the warrant shall be endorsed with a note stating the new specified period.
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(3) The specified period shall end not later than the end of the period of seven days beginning-
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(a) with the time of the person's arrest under section 39, or |
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(b) if he was being detained under Schedule 6 when he was arrested under section 39, with the time when his examination under that Schedule began. |
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(4) Paragraphs 26 to 29 shall apply to an application under this paragraph as they apply to an application for a warrant of further detention.
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