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SCHEDULE 7
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DETENTION. |
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PART I |
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TREATMENT OF PERSONS DETAINED UNDER SECTION 40 OR SCHEDULE 6 |
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Place of detention |
| | 1. - (1) The Secretary of State may direct the place where a person is to be detained.
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(2) Where a person is detained under Schedule 6, he may be taken in the custody of an examining officer or of a person acting under an examining officer's authority to and from any place where his attendance is required for the purpose of-
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(a) establishing his nationality or citizenship, or |
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(b) making arrangements for his admission to a country or territory outside the United Kingdom. |
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(3) In this paragraph "examining officer" has the meaning given in Schedule 6.
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Identification |
| | 2. - (1) An authorised person may take any steps which are reasonably necessary for-
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(a) photographing the detained person, |
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(2) In sub-paragraph (1) "authorised person" means any of the following-
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(c) a person authorised by the Secretary of State, and |
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(d) in the case of a person detained under Schedule 6, an examining officer (within the meaning of that Schedule). |
| | 3. - (1) Section 61(1) to (8) of the Police and Criminal Evidence Act 1984 (fingerprinting) shall apply to the taking of a person's fingerprints by a constable under paragraph 2 as if for subsection (4) there were substituted-
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"(4) An officer may give an authorisation under subsection (3)(a) above in respect of a detained person only if-
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(a) in the case of a person detained under section 40 of the Terrorism Act 2000, he reasonably suspects that the person has been involved in an offence under any of the provisions mentioned in section 39(1)(a) of that Act and he reasonably believes that the fingerprints will tend to confirm or disprove his involvement, or |
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(b) in any case, he is satisfied that it is necessary in order to assist in determining whether the person falls within section 39(1)(b) of that Act." |
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(2) In this paragraph "fingerprints" has the meaning given by section 65 of the Police and Criminal Evidence Act 1984.
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| | 4. Article 61(1) to (8) of the Police and Criminal Evidence (Northern Ireland) Order 1989 (fingerprinting) shall apply to the taking of a person's fingerprints by a constable under paragraph 2 as if for paragraph (4) there were substituted-
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"(4) An officer may give an authorisation under paragraph (3)(a) in respect of a detained person only if-
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(a) in the case of a person detained under section 40 of the Terrorism Act 2000, he reasonably suspects that the person has been involved in an offence under any of the provisions mentioned in section 39(1)(a) of that Act and he reasonably believes that the fingerprints will tend to confirm or disprove his involvement; or |
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(b) in any case, he is satisfied that it is necessary in order to assist in determining whether the person falls within section 39(1)(b) of that Act." |
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| | 5. - (1) Section 62(1) to (11) of the Police and Criminal Evidence Act 1984 (intimate samples) shall apply to the taking of an intimate sample from a person under paragraph 2 as if-
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(a) for subsection (2) there were substituted- |
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"(2) An officer may give an authorisation under subsection (1) or (1A) above in respect of a detained person only if-
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(a) in the case of a person detained under section 40 of the Terrorism Act 2000, he reasonably suspects that the person has been involved in an offence under any of the provisions mentioned in section 39(1)(a) of that Act and he reasonably believes that an intimate sample will tend to confirm or disprove his involvement, or |
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(b) in any case, he is satisfied that it is necessary in order to assist in determining whether the person falls within section 39(1)(b) of that Act.", and |
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(b) in subsection (6), after "includes" there were inserted "where relevant". |
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(2) In this paragraph "intimate sample" has the same meaning given by section 65 of the Police and Criminal Evidence Act 1984.
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| | 6. - (1) Article 62(1) to (11) of the Police and Criminal Evidence (Northern Ireland) Order 1989 (intimate samples) shall apply to the taking of an intimate sample from a person under paragraph 2 as if-
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(a) for paragraph (2) there were substituted- |
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"(2) An officer may give an authorisation under paragraph (1) or (1A) in respect of a detained person only if-
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(a) in the case of a person detained under section 40 of the Terrorism Act 2000, he reasonably suspects that the person has been involved in an offence under any of the provisions mentioned in section 39(1)(a) of that Act and he reasonably believes that an intimate sample will tend to confirm or disprove his involvement; or |
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(b) in any case, he is satisfied that it is necessary in order to assist in determining whether the person falls within section 39(1)(b) of that Act.", and |
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(b) in paragraph (6), after "includes" there were inserted "where relevant". |
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(2) In this paragraph "intimate sample" has the same meaning as in Article 53 of the Police and Criminal Evidence (Northern Ireland) Order 1989.
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| | 7. - (1) Section 63(1) to (9) of the Police and Criminal Evidence Act 1984 (non-intimate samples) shall apply to the taking of a non-intimate sample from a person by a constable under paragraph 2 as if-
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(a) for subsection (4) there were substituted- |
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"(4) An officer may give an authorisation under subsection (3) above in respect of a detained person only if-
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(a) in the case of a person detained under section 40 of the Terrorism Act 2000, he reasonably suspects that the person has been involved in an offence under any of the provisions mentioned in section 39(1)(a) of that Act and he reasonably believes that a non-intimate sample will tend to confirm or disprove his involvement, or |
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(b) in any case, he is satisfied that it is necessary in order to assist in determining whether the person falls within section 39(1)(b) of that Act.", and |
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(b) in subsection (7), after "includes" there were inserted "where relevant". |
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(2) In this section "non-intimate sample" has the same meaning given by section 65 of the Police and Criminal Evidence Act 1984.
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| | 8. - (1) Article 63(1) to (9) of the Police and Criminal Evidence (Northern Ireland) Order 1989 (non-intimate samples) shall apply to the taking of a non-intimate sample from a person by a constable under paragraph 2 as if-
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(a) for paragraph (4) there were substituted- |
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"(4) An officer may give an authorisation under paragraph (3) in respect of a detained person only if-
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(a) in the case of a person detained under section 40 of the Terrorism Act 2000, he reasonably suspects that the person has been involved in an offence under any of the provisions mentioned in section 39(1)(a) of that Act and he reasonably believes that a non-intimate sample will tend to confirm or disprove his involvement, or |
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(b) in any case, he is satisfied that it is necessary in order to assist in determining whether the person falls within section 39(1)(b) of that Act.", and |
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(b) in paragraph (7), after "includes" there were inserted "where relevant". |
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(2) In this paragraph "non-intimate sample" has the same meaning as in Article 53 of the Police and Criminal Evidence (Northern Ireland) Order 1989.
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Audio recording of interviews |
| | 9. - (1) The Secretary of State shall make an order requiring the audio recording of-
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(a) any interview by a constable of a person detained under section 40, and |
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(b) any interview by a constable of a person detained under Schedule 6, if the interview takes place in a police station. |
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(2) The order shall require interviews to be recorded in accordance with any code of practice about audio recording which is in operation under paragraph 6 of Schedule 13.
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Status |
| | 10. A detained person shall be deemed to be in legal custody throughout the period of his detention.
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Scotland |
| | 11. Paragraphs 12 to 16 apply to a person arrested and detained in Scotland.
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| | 12. - (1) A person detained shall be entitled to have intimation of his detention and of the place where he is being detained sent without delay to a solicitor and to another person reasonably named by him.
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(2) A police officer not below the rank of superintendent may authorise a delay (not extending longer than the period of 48 hours from the start of the detention) in making intimation where, in his view, the delay is necessary on one of the grounds mentioned in paragraph 14(3).
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(3) Where a person detained requests that the intimation be made, there shall be recorded the time when the request is-
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(4) A person detained shall be entitled to consult a solicitor at any time, without delay.
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(5) A police officer not below the rank of superintendent may authorise a delay (not extending longer than the period of 48 hours from the start of the detention) in holding the consultation where, in his view, the delay is necessary on one of the grounds mentioned in paragraph 14(3).
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(6) Subject to paragraph 14, the consultation shall be private.
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| | 13. - (1) Subject to this paragraph, paragraph 12 applies to children as it applies to adults.
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(2) Without prejudice to-
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(a) sub-paragraph (3), or |
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(b) his entitlement, in terms of paragraph 12(1), to have intimation of his detention and of the place where he is being detained sent to a solicitor- |
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a person detained who appears to a constable to be a child shall not be entitled to have such intimation sent to any other person named by him.
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(3) Where it appears to a constable that a person detained is a child, he shall, subject to sub-paragraph (4) without delay-
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(a) send intimation of the detention and of the place where the child is being held to his parent (if known), and |
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(b) allow such parent access to the child. |
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(4) A police officer not below the rank of superintendent may authorise-
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(a) a delay in compliance with the duty mentioned in sub-paragraph (3)(a), |
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(b) non-compliance with the duty mentioned in sub-paragraph (3)(b), |
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where the delay or, as the case may be, non-compliance is, in his view, necessary on one of the grounds mentioned in paragraph 14(3).
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(5) Any delay in compliance with the duty mentioned in sub-paragraph (3)(a) shall not extend longer than the period of 48 hours from the start of the detention.
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(6) There shall be recorded the time at which the intimation mentioned in sub-paragraph (3)(a) is made.
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(7) Subject to paragraph 14 the access mentioned in sub-paragraph (3)(b) shall be private.
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(8) Where a child is, by virtue of any enactment, in the care either of a local authority or of a voluntary organisation, the intimation shall be either to the authority or organisation or to the parent, and the right of access shall be exercisable both by an officer of the authority or organisation and by the parent; and sub-paragraphs (4) and (6) and paragraph 14 shall apply in relation to intimation and access under this sub-paragraph as they apply to intimation and access under sub-paragraph (3).
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| | 14. - (1) An officer not below the rank of Assistant Chief Constable may direct that the consultation or access mentioned in paragraphs 12(3) and 13(3) respectively be in the presence of a uniformed officer not below the rank of inspector if it appears to the officer giving the direction to be necessary on one of the grounds mentioned in sub-paragraph (3).
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(2) A uniformed officer directed to be present during a consultation or, as the case may be, access shall be an officer who, in the opinion of the officer giving the direction, has no connection with the case.
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(3) The grounds mentioned in paragraphs 12(2) and (5) and 13(4) and in sub-paragraph (1) are that it is in the interests of the investigation or prevention of crime, or of the apprehension, prosecution or conviction of offenders.
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(4) Where delay or non-compliance is authorised in the exercising of any of the rights or, as the case may be, the carrying out of any of the duties, mentioned in paragraphs 12(1) and (3) and 13(3), there shall be recorded the reason for such delay or non-compliance.
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| | 15. - (1) In paragraphs 12 to 14 and this paragraph-
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"child" means a person who has not attained the age of 16, and |
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"parent" includes guardian and any person who has the care of a child. |
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(2) Paragraphs 12 to 14 and this paragraph shall have effect, in relation to a person detained under section 40 or Schedule 6, in place of any enactment or rule of law under or by virtue of which a person arrested or detained may be entitled to communicate or consult with any other person.
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| | 16. The Secretary of State shall, by order, make provision to require that-
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(a) except in such circumstances, and |
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(b) subject to such conditions, |
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as may be specified in the order, where a person detained has been permitted to consult a solicitor, the solicitor shall be allowed to be present at any interview carried out in connection with a terrorist investigation or for the purposes of Schedule 6.
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| | 17. - (1) Subject to the modifications specified in sub-paragraphs (2) and (3), section 18 of the Criminal Procedure (Scotland) Act 1995 (procedure for taking certain prints and samples) shall apply to a person detained under section 40 or Schedule 6 as it applies to a person arrested or a person detained under section 14 of that Act.
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(2) For subsection (2) of section 18 there shall be substituted-
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"(2) A constable may take from a detained person or require a detained person to provide relevant physical data only if-
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(a) in the case of a person detained under section 40 of the Terrorism Act 2000, he reasonably suspects that the person has been involved in an offence under any of the provisions mentioned in section 39(1)(a) of that Act and he reasonably believes that the relevant physical data will tend to confirm or disprove his involvement, or |
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(b) in any case, he is satisfied that it is necessary in order to assist in determining whether the person falls within section 39(1)(b) of that Act." |
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(3) Subsections (3) to (5) shall not apply, but any relevant physical data or sample taken in pursuance of section 18 as applied by this paragraph shall be retained only for the purposes of terrorist investigations.
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