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87 | Orders and regulations: affirmative and negative resolution procedure |
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(1) | Where orders or regulations under this Act are subject to “affirmative |
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resolution procedure” the order or regulations must not be made unless a draft |
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of the statutory instrument containing them has been laid before Parliament |
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and approved by a resolution of each House of Parliament. |
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(2) | Where orders or regulations under this Act are subject to “negative resolution |
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procedure” the statutory instrument containing the order or regulations shall |
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be subject to annulment in pursuance of a resolution of either House of |
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(3) | Provision that may be made by order or regulations under this Act for which |
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no Parliamentary procedure is prescribed may be included in an instrument |
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subject to negative or affirmative resolution procedure. |
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(4) | Provision that may be made by order or regulations under this Act subject to |
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negative resolution procedure may be included in an instrument subject to |
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affirmative resolution procedure. |
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(1) | There shall be paid out of money provided by Parliament— |
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(a) | any expenses of the Secretary of State under this Act, and |
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(b) | any increase attributable to this Act in the sums payable out of money so |
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provided under any other Act . |
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(2) | There shall be paid into the Consolidated Fund— |
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(a) | any sums received by the Secretary of State under this Act, and |
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(b) | any increase attributable to this Act in the sums payable into that Fund under |
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The enactments specified in Schedule 6, which include enactments that are |
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spent, are repealed to the extent specified. |
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(1) | The provisions of this Part, except section 89 and Schedule 6 (repeals), come |
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into force on the day this Act is passed. |
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(2) | Part 5 (asset freezing proceedings) comes into force on the day after the day on |
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which this Act is passed. |
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(3) | Sections 77 to 82 (costs of policing at gas facilities) come into force at the end of |
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the period of two months beginning with the day on which this Act is passed. |
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(4) | Section 83 (appointment of special advocates in Northern Ireland) comes into |
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force in accordance with subsection (3) of that section. |
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(5) | The other provisions of this Act come into force on such day as may be |
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appointed by order of the Secretary of State. |
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(6) | The Secretary of State may by order make such transitional provision and |
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savings as appears necessary or expedient in connection with the |
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commencement of any provision of this Act. |
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Except as otherwise provided— |
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(a) | an amendment or repeal by this Act has the same extent as the |
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enactment amended or repealed; and |
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(b) | any other provisions of this Act— |
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(i) | extend to the whole of the United Kingdom, and |
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(ii) | do not extend to any country or territory outside the United |
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The short title of this Act is the Counter-Terrorism Act 2008. |
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Amendments relating to period of pre-charge detention |
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Reserve power to extend maximum period of detention |
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1 | After Part 3 of Schedule 8 to the Terrorism Act 2000 (c. 11) (extension of |
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detention under section 41) insert— |
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Reserve power to extend period of detention under section 41 |
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38 | In this Part of this Schedule “the reserve power” means the power |
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conferred by paragraph 42. |
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Report on operational need for reserve power |
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39 (1) | An order declaring that the reserve power is available (see |
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paragraph 40) may only be made if a report complying with the |
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requirements of this paragraph has been received from— |
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(a) | the Director of Public Prosecutions and the chief officer of |
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a police force in England and Wales, |
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(b) | the Crown Agent and the chief constable of a police force |
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(c) | the Director of Public Prosecutions for Northern Ireland |
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and the Chief Constable of the Police Service of Northern |
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(a) | state that each of the persons making the report is satisfied |
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that there are reasonable grounds for believing that the |
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detention of one or more persons beyond the period that |
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could be authorised under paragraph 36 will be necessary |
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for one or more of the purposes mentioned in sub- |
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(b) | give details of the grounds for that belief. |
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(3) | The purposes referred to in sub-paragraph (2)(a) are— |
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(a) | to obtain relevant evidence, whether by questioning or |
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(b) | to preserve relevant evidence, or |
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(c) | pending the result of an examination or analysis of any |
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relevant evidence or of anything the examination or |
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analysis of which is to be or is being carried out with a view |
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to obtaining relevant evidence. |
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(4) | In sub-paragraph (3) “relevant evidence” means— |
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(a) | evidence relating to the commission by the detained |
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person or persons of an offence under any of the |
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provisions mentioned in section 40(1)(a), or |
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(b) | evidence indicating that the detained person or persons is |
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or are persons falling within section 40(1)(b). |
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(5) | The report must also state that each of the persons making the |
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report is satisfied that the investigation in connection with which |
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the detained person or persons is or are detained is being |
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conducted diligently and expeditiously. |
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Order declaring reserve power available |
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40 (1) | The Secretary of State may by order declare that the reserve power |
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(2) | The effect of making such an order is that the reserve power is |
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available in the case of all persons— |
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(a) | then detained under section 41, or |
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(b) | subsequently detained under that section at a time when |
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the power remains available. |
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| For the period for which the power remains available, see |
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(3) | The provisions of section 123(2) to (7) (Parliamentary procedure |
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for orders and regulations) do not apply to an order under this |
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Statement to be laid before Parliament after making reserve power available |
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41 (1) | After making an order declaring that the reserve power is |
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available, the Secretary of State must lay before Parliament a |
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statement complying with this paragraph. |
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(2) | The statement must state that the Secretary of State has received |
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(a) | that an investigation is being conducted into— |
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(i) | the commission, preparation or instigation of an act |
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(ii) | an act that appears to have been done for the |
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purposes of terrorism; and |
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(b) | that the investigation gives rise to an exceptional |
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(3) | The statement must state that the Secretary of State is satisfied— |
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(a) | that the reserve power is needed for the purposes of that |
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(b) | that the need to make the reserve power available is |
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(c) | that its availability is compatible with Convention rights |
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(within the meaning of section 1 of the Human Rights Act |
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(4) | The statement may include such other information as to the |
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reasons for the decision to make the order as appears to the |
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Secretary of State to be appropriate. |
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(5) | The statement must not include— |
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(a) | the name of any person then detained under section 41, or |
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(b) | any material that might prejudice the prosecution of any |
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(6) | The statement must be laid before Parliament within two days |
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after the day on which the order was made or, if that is not |
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practicable, as soon as is practicable. |
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Application to court to authorise further detention in individual cases |
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42 (1) | This paragraph has effect when the reserve power is available. |
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(2) | Each of the following— |
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(a) | in England and Wales, the Director of Public Prosecutions |
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or a Crown Prosecutor acting with the consent of the |
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(b) | in Scotland, the Lord Advocate or a procurator fiscal, |
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(c) | in Northern Ireland, the Director of Public Prosecutions for |
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| may apply for the extension of the period specified in the warrant |
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of further detention under which a person is detained, beyond the |
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period that may be authorised on an application under paragraph |
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(3) | An application under this paragraph must be made to a senior |
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(4) | Subject to sub-paragraph (5), the period by which the specified |
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period is further extended on an application under this section |
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(a) | beginning with the end of the period for which the period |
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specified in the warrant was last extended, and |
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(b) | ending with whichever is the earlier of— |
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(i) | the end of the period of 7 days beginning with that |
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(ii) | the end of the period of 42 days beginning with the |
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(5) | A senior judge may further extend the period specified in a |
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warrant by a shorter period than is required by sub-paragraph (4) |
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(a) | the application for the extension is an application for an |
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extension by a period that is shorter than is so required, or |
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(b) | the senior judge is satisfied that there are circumstances |
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that would make it inappropriate for the period of the |
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extension to be as long as the period so required. |
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(6) | Where the specified period is extended under this paragraph— |
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(a) | the warrant must be endorsed with a note stating the new |
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(b) | if the period is extended to a time that is more than 28 days |
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after the relevant time, it is the duty of the applicant (in |
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Scotland, of the Crown Agent)— |
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(i) | to inform the Secretary of State forthwith, and |
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(ii) | to provide the Secretary of State, as soon as |
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practicable, with the information required by |
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paragraph 44(3) and (4) (information to be |
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contained in statement to Parliament). |
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Application to court: supplementary provisions |
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43 (1) | Paragraphs 30(3) and 31 to 34 apply to an application under |
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paragraph 42 as they apply to an application for a warrant of |
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(a) | as if references to a judicial authority were to a senior |
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(b) | as if references to the judicial authority in question were to |
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the senior judge in question. |
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(2) | A senior judge may adjourn the hearing of an application under |
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paragraph 42 only if the hearing is adjourned to a date before the |
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end of the period specified in the warrant. |
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| This does not apply to an adjournment under paragraph 33(2). |
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(3) | In this Part of this Schedule “the relevant time”, in relation to a |
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(a) | the time of that person’s arrest under section 41, or |
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(b) | if that person was being detained under Schedule 7 at the |
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time of that person’s arrest under section 41, the time when |
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that person’s examination under that Schedule began. |
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(4) | In this Part of this Schedule “senior judge” means— |
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(a) | in England and Wales— |
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(i) | a judge of the High Court, or |
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(ii) | a circuit judge designated for the purposes of |
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paragraph 42 by the Lord Chief Justice of England |
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(i) | a judge of the High Court of Justiciary, or |
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(i) | a judge of the High Court, or |
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(ii) | a county court judge designated for the purposes of |
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paragraph 42 by the Lord Chief Justice of Northern |
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(5) | The Lord Chief Justice may nominate a judicial office holder (as |
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defined in section 109(4) of the Constitutional Reform Act 2005) to |
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exercise the functions conferred on the Lord Chief Justice by sub- |
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(6) | The Lord Chief Justice of Northern Ireland may nominate any of |
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the following to exercise the functions conferred on the Lord Chief |
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Justice by sub-paragraph (4)(c)— |
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(a) | the holder of one of the offices listed in Schedule 1 to the |
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Justice (Northern Ireland) Act 2002; |
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(b) | a Lord Justice of Appeal (as defined in section 88 of that |
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Parliament to be informed if court authorises detention beyond 28 days |
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44 (1) | If on an application under paragraph 42 the court extends the |
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period specified in the warrant of further detention under which a |
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person is detained to a time that is more than 28 days after the |
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relevant time, the Secretary of State must inform Parliament. |
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(2) | The Secretary of State must lay a statement before Parliament as |
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soon as practicable after the period has been extended. |
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(3) | The statement must specify— |
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(a) | the date on which the period was further extended, |
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(b) | the number of days by which the period has been |
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(c) | the total number of days for which the person’s detention |
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(i) | beginning with the relevant time, and |
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(ii) | ending with the last day of the period specified in |
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(4) | The statement must also give details of— |
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(a) | the court that heard the application under paragraph 42 in |
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relation to the detained person; and |
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(b) | the place where the person is being detained. |
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(5) | The statement must not include— |
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(a) | any details of the person detained, or |
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(b) | any material that might prejudice the prosecution of any |
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Cessation of reserve power |
| |
45 (1) | The reserve power ceases to be available at the end of the period |
| |
of 60 days beginning with the day on which it became available. |
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(2) | If the decision of the Secretary of State to make the reserve power |
| |
available is not approved by resolution of each House of |
| 40 |
Parliament before the end of the period of 30 days beginning with |
| |
the day on which the power became available, the reserve power |
| |
ceases to be available at the end of that period. |
| |
(3) | If before the end of that period of 30 days either House of |
| |
Parliament negatives a motion moved by a Minister of the Crown |
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