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Paragraph 7 C1

United Kingdom

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

(1)

F1A person detained under Schedule 7 or section 41 or 43B F2... in England, Wales or Northern Ireland shall be entitled, if he so requests, to consult a solicitor as soon as is reasonably practicable, privately and at any time.

F3(1A)

Sub-paragraph (1) is subject—

(a)

in the case of a person detained under Schedule 7 or section 41, to paragraphs 8 and 9, and

(b)

in the case of a person detained under section 43B, to paragraph 9.

(2)

Where a request is made under sub-paragraph (1), the request and the time at which it was made shall be recorded.

F4(3)

A detained person must be informed of the right under this paragraph on first being detained.

Annotations

Textual amendments

F1

Words in Sch. 8 para. 7(1) substituted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 184(2)(f)(i), 208(5)(w)

F2

Words in Sch. 8 para. 7(1) omitted (31.7.2014) by virtue of Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), s. 185(1), Sch. 9 para. 5(5) (with ss. 21, 33, 42, 58, 75, 93); S.I. 2014/1916, art. 3(b)

F3

Sch. 8 para. 7(1A) inserted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 184(2)(f)(ii), 208(5)(w)

F4

Sch. 8 para. 7(3) inserted (13.8.2020) by Counter-Terrorism and Border Security Act 2019 (c. 3), ss. 17(3), 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)