Paragraph 16 C1
United Kingdom
The person named must be—
a friend of the detained person,
a relative, or
a person who is known to the detained person or who is likely to take an interest in his welfare.
Where a detained person is transferred from one F3place to another, he shall be entitled to exercise the right under sub-paragraph (1) in respect of the place to which he is transferred.
F4Where a person is detained under Schedule 7 or section 41, a police officer not below the rank of superintendent may authorise a delay in making intimation where, in his view, the delay is necessary on one of the grounds mentioned in paragraph 17(3) or where paragraph 17(4) applies.
Where a detained person requests that the intimation be made, there shall be recorded the time when the request is—
made, and
complied with.
A person detained F5as mentioned in sub-paragraph (1) shall be entitled to consult a solicitor at any time, without delay.
F6Where a person is detained under Schedule 7 or section 41, a police officer not below the rank of superintendent may authorise a delay in holding the consultation where, in his view, the delay is necessary on one of the grounds mentioned in paragraph 17(3) or where paragraph 17(4) applies.
F7... The consultation shall be private.
Where a person is detained under section 41 he must be permitted to exercise his rights under this paragraph before the end of the period mentioned in subsection (3) of that section.
A detained person must be informed of the rights under sub-paragraphs (1) and (6) on first being detained.
Annotations
Textual amendments
- F1
Words in Sch. 8 para. 16(1) inserted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 184(2)(i), 208(5)(w)
- F2
Word in Sch. 8 para. 16(1) substituted (31.7.2014) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), s. 185(1), Sch. 9 para. 5(9)(a) (with ss. 21, 33, 42, 58, 75, 93); S.I. 2014/1916, art. 3(b)
- F3
Word in Sch. 8 para. 16(3) substituted (31.7.2014) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), s. 185(1), Sch. 9 para. 5(9)(a) (with ss. 21, 33, 42, 58, 75, 93); S.I. 2014/1916, art. 3(b)
- F4
Words in Sch. 8 para. 16(4) inserted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 184(2)(i)(ii), 208(5)(w)
- F5
Words in Sch. 8 para. 16(6) inserted (31.7.2014) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), s. 185(1), Sch. 9 para. 5(9)(b) (with ss. 21, 33, 42, 58, 75, 93); S.I. 2014/1916, art. 3(b)
- F6
Words in Sch. 8 para. 16(7) inserted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 184(2)(i)(ii), 208(5)(w)
- F7
Words in Sch. 8 para. 16(8) omitted (13.8.2020) by virtue of Counter-Terrorism and Border Security Act 2019 (c. 3), ss. 17(5)(a), 27(2)(a); S.I. 2020/792, reg. 2(b)
- F8
Sch. 8 para. 16(10) inserted (13.8.2020) by Counter-Terrorism and Border Security Act 2019 (c. 3), ss. 17(5)(b), 27(2)(a); S.I. 2020/792, reg. 2(b)
Modifications
- C1
Sch. 8 paras. 1(6), 2, 6-9, 16-19 applied (with modifications) (11.3.2005) by Prevention of Terrorism Act 2005 (c. 2), s. 5(8)
Notes on Schedule 8
Textual amendments
- F1
Words in Sch. 8 shoulder note substituted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 184(2)(a), 208(5)(w)
Modifications
- C1
Schs. 7, 8, 14 extended (with modifications) (coming into force in accordance with art. 1(2) of the extending S.I.) by The Nationality, Immigration and Asylum Act 2002 (Juxtaposed Controls) Order 2003 (S.I. 2003/2818), art. 11(1)(b), Sch. 2 (as amended (31.3.2021) by The Nationality, Immigration and Asylum Act 2002 (Juxtaposed Controls) (Amendment) Order 2021 (S.I. 2021/311), arts. 1(2), 2(7)(b)(ii)(iii))
- C2
Sch. 8 applied (with modifications) (25.7.2006) by Terrorism Act 2006 (c. 11), s. 25(1)(3)(4); S.I. 2006/1936, art. 2
Notes on Part I
Textual amendments
- F1
Words in Sch. 8 Pt. 1 heading inserted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 184(2)(b), 208(5)(w)