OpenLegislation

Paragraph 7 I1C1

Northern Ireland

(1)

Where the case of a person detained under an interim custody order is referred to an Adviser, he shall consider it and report to the Secretary of State whether or not in his opinion—

(a)

the person detained has been concerned in terrorist activities; and

(b)

the detention of that person is necessary for the protection of the public.

(2)

In considering any case referred to him an Adviser shall have regard to any information (whether oral or in writing) which is made available to, or obtained by, him and to any representations (whether oral or in writing) made by the person detained.

(3)

No person shall be present during the consideration by an Adviser of the case of any person referred to him, except—

(a)

any person who for the time being is being seen by the Adviser;

(b)

any assistant to the Adviser; and

(c)

any person who is present in the interests of security.

(4) The Secretary of State may, at the request of an Adviser, pay any reasonable expenses incurred by any person in connection with a reference to the Adviser.

Annotations

Modifications

C1

Sch. 3 revived immediately before the end of 15.6.1992 and continuing as from the beginning of 16.6.1992 until immediately after the beginning of 16.6.1992, by S.I. 1992/1390, art. 2

Commencement

I1

S. 34, Sch. 3 in force at 27.8.1991; and ceasing to be in force immediately after coming into force see s. 69(1)-(4)

Notes on the whole Act

Textual amendments

F1

Act repealed (25.8.1996) by 1996 c. 22, ss. 59, 62(1), 63(3)(7), Sch. 7 Pt. I

Notes on Schedule 3

Modifications

C1

Sch. 3 revived immediately before the end of 15.6.1992 and continuing as from the beginning of 16.6.1992 until immediately after the beginning of 16.6.1992, by S.I. 1992/1390, art. 2

Commencement

I1

Sch. 3 in force at 27.8.1991 and ceasing to be in force immediately after coming into force see s. 69(1)-(4)