Amendments proposed to the Terrorism Bill - continued | House of Commons |
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Mr Secretary Straw 59 Page 100, line 43 [Schedule 6], leave out 'an examining officer' and insert 'a constable for the police area in which the port is situated (or, where the port is in Northern Ireland, to a member of the Royal Ulster Constabulary).'.
Mr Secretary Straw 60 Page 104, line 14 [Schedule 7], at end insert'( ) In this Schedule a reference to a police station includes a reference to any place where the Secretary of State has directed under sub-paragraph (1) that a person is to be detained under section 40.'.
Mr Secretary Straw 61 Page 104, line 17 [Schedule 7], at end insert
Mr Secretary Straw 62 Page 104, line 20 [Schedule 7], at end insert'( ) A constable who arrests a person under section 40 shall take him as soon as is reasonably practicable to the police station which the constable considers the most appropriate.'.
Mr Secretary Straw 63 Page 104, line 21 [Schedule 7], at end insert'( ) Where a person is arrested in one Part of the United Kingdom and all or part of his detention takes place in another Part, the provisions of this Schedule which apply to detention in a particular Part of the United Kingdom apply in relation to him while he is detained in that Part.'.
Mr Secretary Straw 64 Page 104, line 33 [Schedule 7], at end insert-
'Rights: England, Wales and Northern Ireland 2A.(1) Subject to paragraph 2C, a person detained under Schedule 6 or section 40 at a police station in England, Wales or Northern Ireland shall be entitled, if he so requests, to have one named person informed as soon as is reasonably practicable that he is being detained there.(2) The person named must be
(3) Where a detained person is transferred from one police station to another, he shall be entitled to exercise the right under this paragraph in respect of the police station to which he is transferred. 2B.(1) Subject to paragraphs 2C and 2D, a person detained under Schedule 6 or section 40 at a police station in England, Wales or Northern Ireland shall be entitled, if he so requests, to consult a solicitor as soon as is reasonably practicable, privately and at any time. (2) Where a request is made under sub-paragraph (1), the request and the time at which it was made shall be recorded. 2C.(1) Subject to sub-paragraph (2), an officer of at least the rank of superintendent may authorise a delay
(2) But where a person is detained under section 40 he must be permitted to exercise his rights under paragraphs 2A and 2B before the end of the period mentioned in subsection (3) of that section. (3) An officer may give an authorisation under sub-paragraph (1) only if he has reasonable grounds for believing
(4) Those consequences are
(5) If an authorisation under sub-paragraph (1) is given orally, the person giving it shall confirm it in writing as soon as is reasonably practicable. (6) Where an authorisation under sub-paragraph (1) is given
(7) Where the reason for authorising delay ceases to subsist there may be no further delay in permitting the exercise of the right in the absence of a further authorisation under sub-paragraph (1). (8) In this paragraph "serious arrestable offence" has the meaning given by section 116 of the Police and Criminal Evidence Act 1984 (in relation to England and Wales) and by Article 87 of the Police and Criminal Evidence (Northern Ireland) Order 1989 (in relation to Northern Ireland); but it also includes
2D.(1) A direction under this paragraph may provide that a detained person who wishes to exercise the right under paragraph 2B may consult a solicitor only in the sight and hearing of a qualified officer. (2) A direction under this paragraph may be given
(3) A direction under this paragraph may be given only if the officer giving it has reasonable grounds for believing that, unless the direction is given, the exercise of the right by the detained person will have any of the consequences specified in paragraph 2C(4). (4) In this paragraph "a qualified officer" means a police officer who
(5) A direction under this paragraph shall cease to have effect once the reason for giving it ceases to subsist.'.
Mr Secretary Straw 65 Page 106, line 41 [Schedule 7], leave out from 'shall' to the end of line 48 and insert '
(1A) The Secretary of State may make an order requiring the video recording of
(1B) An order under sub-paragraph (1A) shall specify whether the video recording which it requires is to be silent or with sound. (1C) Where an order is made under sub-paragraph (1A)
(1D) This paragraph applies to
(1E) A code of practice under this paragraph
9A.(1) This paragraph applies to a code of practice under paragraph 9. (2) Where the Secretary of State proposes to issue a code of practice he shall
(3) The Secretary of State shall lay a draft of the code before Parliament. (4) When the Secretary of State has laid a draft code before Parliament he may bring it into operation by order. (5) The Secretary of State may revise a code and issue the revised code; and sub-paragraphs (2) to (4) shall apply to a revised code as they apply to an original code. (6) The failure by a constable to observe a provision of a code shall not of itself make him liable to criminal or civil proceedings. (7) A code
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