OpenLegislation

Paragraph 7

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.

Notes on the whole Act

Textual amendments

F1

Act repealed (19.2.2001) by 2000 c. 11, s. 125(2), Sch. 16 Pt. I; S.I. 2001/421, arts. 2, 3

F2

Act ceased to have effect (subject to temporary extension of specified provisions as mentioned below) (20.7.2000) (temporary extension: by ss. 2(2), 128, Sch. 1 paras. 1, 2(1) of 2000 c. 11 there is continued in force for a period of 12 months beginning with 20.7.2000 any provision of the Act (except ss. 26(1)(b), 35 and 50) if and so far as it is in force immediately before 20.7.2000 by virtue of an order under s. 62(3) of this Act)

Act wholly repealed (19.2.2001) by virtue of 2000 c. 11, ss. 2(1)(b), 125(2), 128, Sch. 16 Pt. I; S.I. 2001/421, art. 2

Notes on Schedule 3

Textual amendments

F1

Sch. 3 came into force on 25.8.1996 and ceased to be in force with effect immediately after coming into force by virtue of 1996 c. 22, s. 62(1)(3)(b)(5)

Sch. 3 repealed (8.4.1998) by 1998 c. 9, ss. 3, 7(2), Sch. 2