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Paragraph 52 I1I2C1

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

The detention of a person (“the detainee”) under Part 1 of this Schedule must be periodically reviewed by a review officer.

(2)

The first review must be carried out before the end of the period of one hour beginning with the detainee's detention under that Part.

(3)

Subsequent reviews must be carried out at intervals of not more than two hours.

(4)

The review officer may authorise a detainee's continued detention under Part 1 of this Schedule only if satisfied that it is necessary for the purposes of exercising a power under paragraph 1 or 2.

(5)

If on a review under this paragraph the review officer does not authorise a detainee's continued detention, the detainee must be released (unless detained under another power).

(6)

In this Part of this Schedule “review officer” means a senior officer who has not been directly involved in questioning the detainee under paragraph 1 or 2.

(7)

“Senior officer” means—

(a)

where the examining officer is a constable, a constable of a higher rank than the examining officer,

(b)

where the examining officer is an immigration officer, an immigration officer of a higher grade than the examining officer, and

(c)

where the examining officer is a customs officer, a customs officer of a higher grade than the examining officer.

Annotations

Modifications

C1

Sch. 3 modified by S.I. 1993/1813, Sch. 4 para. 7 (as inserted (12.2.2019 for specified purposes; 13.8.2020 in so far as not already in force) by Counter Terrorism and Border Security Act 2019 (c. 3), s. 27(1)(g), Sch. 3 para. 63(1) (with s. 25(9), Sch. 3 para. 63(2)); S.I. 2020/792, reg. 2(g))

Commencement

I1

Sch. 3 para. 52 in force at Royal Assent for specified purposes, see. s. 27(1)(g)(2)(c)

I2

Sch. 3 para. 52 in force at 13.8.2020 in so far as not already in force by S.I. 2020/792, reg. 2(g)

Notes on Schedule 3

Modifications

C2

Sch. 3 modified by S.I. 1994/1405, art. 7 (as amended (coming into force in accordance with art. 1(3) of the amending S.I.) by The Channel Tunnel (International Arrangements and Miscellaneous Provisions) (Amendment) Order 2020 (S.I. 2020/915), arts. 1(3), 11)

C3

Sch. 3 modified (30.9.2020 immediately after the amendments by S.I. 2020/915, art. 5 come into force) by The Channel Tunnel (Arrangements with the Kingdom of the Netherlands) Order 2020 (S.I. 2020/916), arts. 1(3), 6