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Paragraph 27

United Kingdom

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

(1)

Where a review officer authorises continued detention he shall inform the detained person—

(a)

of any of his rights under paragraphs 6 and 7 which he has not yet exercised, and

(b)

if the exercise of any of his rights under either of those paragraphs is being delayed in accordance with the provisions of paragraph 8, of the fact that it is being so delayed.

(2)

Where a review of a person’s detention is being carried out at a time when his exercise of a right under either of those paragraphs is being delayed—

(a)

the review officer shall consider whether the reason or reasons for which the delay was authorised continue to subsist, and

(b)

if in his opinion the reason or reasons have ceased to subsist, he shall inform the officer who authorised the delay of his opinion (unless he was that officer).

(3)

In the application of this paragraph to Scotland, for the references to paragraphs 6, 7 and 8 substitute references to paragraph 16.

(4)

The following provisions (requirement to bring an accused person before the court after his arrest) shall not apply to a person detained under section 41—

F1(a)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)

Article 8(1) of the M1Criminal Justice (Children) (Northern Ireland) Order 1998.

F2(5)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations

Textual amendments

F1

Sch. 8 para. 27(4)(a) repealed (25.1.2018) by Criminal Justice (Scotland) Act 2016 (asp 1), s. 117(2), sch. 2 para. 37(c)(i); S.S.I. 2017/345, art. 3, sch. (with art. 4) (which affecting provision is extended to E.W.N.I. by The Criminal Justice (Scotland) Act 2016 (Consequential Provisions) Order 2018 (S.I. 2018/46), arts. 2(1)(d), 18)

F2

Sch. 8 para. 27(5) repealed (25.1.2018) by Criminal Justice (Scotland) Act 2016 (asp 1), s. 117(2), sch. 2 para. 37(c)(ii); S.S.I. 2017/345, art. 3, sch. (with art. 4) (which affecting provision is extended to E.W.N.I. by The Criminal Justice (Scotland) Act 2016 (Consequential Provisions) Order 2018 (S.I. 2018/46), arts. 2(1)(d), 18

Marginal citations

M1

S.I. 1998/1504 (N.I. 9).

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