Paragraph 32

United Kingdom

(1)

A judicial authority may issue a warrant of further detention only if satisfied that—

(a)

there are reasonable grounds for believing that the further detention of the person to whom the application relates is necessary F1as mentioned in sub-paragraph (1A) , and

(b)

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

F2(1A)

The further detention of a person is necessary as mentioned in this sub-paragraph if it is necessary—

(a)

to obtain relevant evidence whether by questioning him or otherwise;

(b)

to preserve relevant evidence; or

(c)

pending the result of an examination or analysis of any relevant evidence or of anything the examination or analysis of which is to be or is being carried out with a view to obtaining relevant evidence.

(2)

In F3this paragraph“relevant evidence” means, in relation to the person to whom the application relates, evidence which—

(a)

relates to his commission of an offence under any of the provisions mentioned in section 40(1)(a), or

(b)

indicates that he is a person falling within section 40(1)(b).

Annotations

Textual amendments

F1: Words in Sch. 8 para. 32(1) substituted (25.7.2006) by Terrorism Act 2006 (c. 11), s. 24(2) (with (6)); S.I. 2006/1936, art. 2
F2: Sch. 8 para. 32(1A) inserted (25.7.2006) by Terrorism Act 2006 (c. 11), s. 24(3) (with (6)); S.I. 2006/1936, art. 2
F3: Words in Sch. 8 para. 32(2) substituted (25.7.2006) by Terrorism Act 2006 (c. 11), s. 24(5) (with (6)); S.I. 2006/1936, art. 2

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