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Paragraph 2 C1C2

United Kingdom

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

F1(A1)

This paragraph applies in the case of a person detained under Schedule 7 or section 41.

(1)

An authorised person may take any steps which are reasonably necessary for—

(a)

photographing the detained person,

(b)

measuring him, or

(c)

identifying him.

(2)

In sub-paragraph (1) “authorised person” means any of the following—

(a)

a constable,

(b)

a prison officer,

(c)

a person authorised by the Secretary of State, and

(d)

in the case of a person detained under Schedule 7, an examining officer F2....

(3)

This paragraph does not confer the power to take—

(a)

fingerprints, non-intimate samples or intimate samples (within the meaning given by paragraph 15 below), or

(b)

relevant physical data or samples as mentioned in section 18 of the M1Criminal Procedure (Scotland) Act 1995 as applied by paragraph 20 below.

Annotations

Textual amendments

F1

Sch. 8 para. 2(A1) inserted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 184(2)(d), 208(5)(w)

F2

Words in Sch. 8 para. 2(2)(d) omitted (31.7.2014) by virtue of Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), s. 185(1), Sch. 9 para. 5(3) (with ss. 21, 33, 42, 58, 75, 93); S.I. 2014/1916, art. 3(b)

Marginal citations

M1

1995 c. 46.

Modifications

C1

Sch. 8 para. 2 extended (N.I.) (8.4.2003) by Police (Northern Ireland) Act 2003 (c. 6), ss. 30, 31, Sch. 2 Pt. 2 para. 21

C2

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)