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| | required to bring charges and any changes to the relevant law of |
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| | evidence or procedure since this Act came into force.”’. |
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| | To move the following Clause:— |
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| | ‘(1) | Nothing in this Act shall prevent or restrict a person who is detained under this |
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| | Act or a person duly authorised on behalf of that person from making an |
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| | application to a Justice of the High Court for habeas corpus. |
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| | (2) | It shall be a condition of the detention that the person detained shall be produced |
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| | forthwith to a Justice of the High Court or to a senior immigration judge |
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| | authorised to sit as a member of the Special Immigration Appeal Commission |
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| | (a) | the circumstances of the detention; |
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| | (b) | the enquiries that are being made; |
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| | (c) | the likelihood of the detained person being charged within 42 days of any |
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| | offence of terrorism or related serious indictable offence. |
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| | (3) | If the Justice of the High Court or senior immigration judge is not satisfied as to |
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| | the likelihood of the person detained being charged within 42 days that person |
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| | shall be released forthwith from detention subject to any conditions the judge may |
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| Page 16, line 17, leave out Clause 22. |
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| To move the following Schedule:— |
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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 detention under section 41 |
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| | 38 | The power conferred by this Part of this Schedule is exercisable |
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| | only when an order under section [Power to declare reserve power |
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| | exercisable] of the Counter-Terrorism Act 2008 is in force. |
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| | Application to court to authorise further detention |
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| | 39 (1) | 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 of 28 days beginning with the relevant time. |
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| | (2) | An application under this paragraph must be made to a senior judge. |
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| | (3) | Subject to sub-paragraph (4), the period by which the specified |
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| | period is further extended on an application under this section shall |
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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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| | (4) | A senior judge may further extend the period specified in a warrant |
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| | by a shorter period than is required by sub-paragraph (3) if— |
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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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| | (5) | 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 41(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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| | 40 (1) | Paragraphs 30(3) and 31 to 34 apply to an application under |
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| | paragraph 39 as they apply to an application for a warrant of further |
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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, and |
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| | (c) | as if the reference in paragraph 32(2) to relevant evidence |
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| | were to evidence relating to the commission by the |
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| | detained person or persons of a serious terrorist offence. |
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| | (2) | In sub-paragraph (1)(c) “serious terrorist offence” means— |
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| | (a) | an offence under the Terrorism Act 2000 (c. 11) or the |
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| | Terrorism Act 2006 (c. 11), or |
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| | (b) | an offence that has a terrorist connection (within the |
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| | meaning of the Counter-Terrorism Act 2008: see section 87 |
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| | | in respect of which an offender who has attained the age of 21 (in |
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| | England and Wales, 18) is liable on conviction to a sentence of |
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| | (3) | Until the coming into force of section 61 of the Criminal Justice and |
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| | Court Services Act 2000 (c. 43) (abolition of sentences of custody |
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| | for life etc), sub-paragraph (2) has effect with the omission of the |
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| | words “(in England and Wales, 18)”. |
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| | (4) | A senior judge may adjourn the hearing of an application under |
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| | paragraph 39 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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| | (5) | 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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| | (6) | 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 this |
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| | Part of this Schedule by the Lord Chief Justice of |
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| | (i) | a judge of the High Court of Justiciary, or |
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| |
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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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| | this Part of this Schedule by the Lord Chief Justice |
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| | |
| | (7) | 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 his functions under sub-paragraph (6)(a). |
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| | (8) | The Lord Chief Justice of Northern Ireland may nominate any of |
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| | the following to exercise his functions under sub-paragraph |
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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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| | 41 (1) | If on an application under paragraph 39 the court extends the period |
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| | specified in the warrant of further detention under which a person |
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| | is detained to a time that is more than 28 days after the relevant |
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| | 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 reasonably 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 period by which the period was further extended, and |
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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 39 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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| | Prosecution of Offences Act 1985 |
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| | 2 (1) | Section 1(6) and (7) of the Prosecution of Offences Act 1985 (c. 23) have |
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| | effect in relation to the making of an application under Part 4 of Schedule 8 to |
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| | the Terrorism Act 2000 (c. 11) (a “Part 4 application”) subject to the following |
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| | (2) | Section 1(6) (Crown Prosecutor to have powers of Director as to the institution |
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| | and conduct of proceedings) does not authorise the making of a Part 4 |
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| | application by a Crown Prosecutor without the consent of the Director. |
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| | (3) | Section 1(7) (power of Crown Prosecutor to give consent etc in place of |
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| | Director) applies only to a Crown Prosecutor authorised by the Director in |
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| | person to give consent for the purposes of Part 4 applications. |
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| | 3 | In section 41(6), (7) and (8) of the Terrorism Act 2000 (c. 11) for “or 36” |
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| | 4 | In paragraph 29(3) of Schedule 8 to that Act for “paragraph 36” substitute |
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| | 5 | For paragraph 36 of that Schedule (extension of warrants) substitute— |
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| | “Extension of specified period |
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| | 36 (1) | Each of the following— |
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| | (a) | in England and Wales, a Crown Prosecutor, |
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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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| | (d) | in any part of the United Kingdom, a police officer of at |
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| | least the rank of superintendent, |
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| | | may apply under this paragraph for the extension of the period |
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| | specified in a warrant of further detention. |
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| | (2) | An application under this paragraph may be made to a judicial |
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| | (a) | the grant of the application (otherwise than in accordance |
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| | with sub-paragraph (4)(b)) would extend that period to a |
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| | time that is no more than 14 days after the relevant time, |
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| | (b) | no application has previously been made to a senior judge |
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| | in respect of that period. |
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| | | In any other case an application under this paragraph must be made |
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| | (3) | Subject to sub-paragraph (4), the period by which the specified |
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| | period is extended on an application under this paragraph shall be |
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| | (i) | in the case of a warrant specifying a period that has |
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| | not previously been extended, the end of the period |
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| | specified in the warrant, and |
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| | (ii) | in any other case, the end of the period for which |
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| | the period specified in the warrant was last |
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| | |
| | (b) | ending with 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 28 days beginning with the |
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| |
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| | (4) | A judicial authority or senior judge may extend the period specified |
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| | in a warrant by a shorter period than is required by sub-paragraph |
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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 judicial authority or senior judge is satisfied that there |
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| | are circumstances that would make it inappropriate for the |
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| | period of the extension to be as long as the period so |
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| | |
| | (5) | Where the specified period is extended, the warrant must be |
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| | endorsed with a note stating the new specified period. |
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| | Extension of specified period: supplementary provisions |
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| | 36A(1) | Paragraphs 30(3) and 31 to 34 apply to an application under |
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| | paragraph 36 as they apply to an application for a warrant of further |
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| | (2) | In relation to an application made to a senior judge they apply— |
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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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| | (3) | A judicial authority or senior judge may adjourn the hearing of an |
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| | application under paragraph 36 only if the hearing is adjourned to a |
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| | date before the 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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| | (4) | In paragraph 36 “the relevant time”, in relation to a person, |
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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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| | (5) | 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 36 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 36 by the Lord Chief Justice of Northern |
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| | |
| | (6) | 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 his functions under sub-paragraph (5)(a). |
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| |
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| | (7) | The Lord Chief Justice of Northern Ireland may nominate any of |
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| | the following to exercise his functions under sub-paragraph |
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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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| | 6 (1) | Section 25 of the Terrorism Act 2006 (c. 11) (expiry or renewal of extended |
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| | maximum detention period) is amended as follows. |
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| | (2) | In the heading for “extended” substitute “28 day”. |
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| | (3) | In subsection (3)(b) for “paragraph 37” substitute “paragraphs 36A and 37”. |
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| | (4) | For subsection (4) substitute— |
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| | “(4) | The further consequential modifications are— |
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| | (a) | the substitution for paragraph 36(2) of— |
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| | “(2) | The person to whom an application under this paragraph may |
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| | be made is a judicial authority.”; |
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| | (b) | the omission of the words “or senior judge” wherever |
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| | occurring in paragraphs 36(4), 36A(3) and 37(2); and |
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| | (c) | the omission of paragraph 36A(2) and (5) to (7).”.’. |
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| Page 64, line 15, leave out Schedule 2. |
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| Page 64, line 25 [Schedule 2], at end insert— |
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| | ‘(2) | “emergency” means a public emergency in respect of which there is a designated |
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| | derogation from the whole or a part of Article 5 of the Human Rights |
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