Paragraph 3

United Kingdom

(1)

Where a person is detained under section 14 of this Act or under paragraph 6 of Schedule 5 to this Act his detention shall be periodically reviewed in accordance with this paragraph by a review officer and shall not continue unless—

(a)

that officer has authorised it to continue; or

(b)

an application has been made to the Secretary of State for an extension of the period of detention under subsection (5) of that section or sub-paragraph (3) of that paragraph.

(2)

The reviews shall be carried out as follows—

(a)

the first review shall be as soon as practicable after the beginning of the detention; and

(b)

the subsequent reviews shall be at intervals of not more than twelve hours;

and no review shall be carried out after such an application as is mentioned in sub-paragraph (1)(b) above has been made.

(3)

Subject to sub-paragraph (4) below, on any such review the review officer shall authorise the continued detention of the person in question if, and only if, he is satisfied—

(a)

that his continued detention is necessary in order to obtain (whether by questioning him or otherwise) or to preserve evidence which—

(i)

relates to an offence under section 2, 8, 9, 10 or 11 of this Act F1or under section 30 of the Northern Ireland (Emergency Provisions) Act 1996 (in the case of detention under section 14 of this Act) or under section 8 of this Act(in the case of detention under paragraph 6 of Schedule 5);

(ii)

indicates that he is or has been concerned in the commission, preparation or instigation of acts of terrorism to which section 14 of this Act applies; or

(iii)

indicates that he is subject to an exclusion order; and

(b)

that the investigation in connection with which that person is detained is being conducted diligently and expeditiously.

(4)

The review officer may also authorise the continued detention of the person in question—

(a)

pending consideration of the question whether he is subject to an exclusion order;

(b)

pending consideration by the Secretary of State whether F2. . .to serve him with notice of a decision to make a deportation order under the M1Immigration Act 1971;

(c)

pending a decision by the Director of Public Prosecutions or Attorney General or, as the case may be, the Lord Advocate or the Director of Public Prosecutions or Attorney General for Northern Ireland whether proceedings for an offence should be instituted against him; or

(d)

if he is satisfied as to the matters specified in sub-paragraph (5) below.

(5)

The matters referred to in sub-paragraph (4)(d) above are—

(a)

that the continued detention of the person in question is necessary—

(i)

pending a decision whether to apply to the Secretary of State for an exclusion order to be made in respect of him or for notice of a decision to make a deportation order under the Immigration Act 1971 to be served on him; or

(ii)

pending the making of such an application; and

(b)

that consideration of that question is being undertaken, or preparation of the application is being proceeded with, diligently and expeditiously.

Annotations

Textual amendments

F1: Words in Sch. 3 para. 3(3)(a)(i) substituted (4.9.1998) by 1998 c. 40, s. 9(1), Sch. 1 Pt. I para. 2
F2: Words in Sch. 3 para. 3(4)(b) omitted (25.3.1996) by virtue of S.I. 1996/892, regs. 1, 3(3)

Marginal citations

M1: 1971 c. 77.

Notes on the whole Act

Textual amendments

F1: Act repealed (19.2.2001) by 2000 c. 11, ss. 2(1)(a), 125, Sch. 16 Pt I (with s. 129(1); S.I. 2001/421, art. 2