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Part IVE+W Detention

Modifications etc. (not altering text)

C1Pt. IV (ss. 34-52) modified (2.8.1993) by S.I. 1993/1813, art. 6, Sch. 3 paras. 4(6)(b)(c)(7), 5(9)(b)(c), 6(9)(b)(c); Pt. IV (ss. 34-52) modified by the said S.I. 1993/1813, art. 6, Sch. 3 para. 4 as incorporated (with modifications) (1.12.1997) by S.I. 1994/1405, art. 6, Sch. 3 para. 5

Pt. IV (ss. 34-52) modified by The Nationality, Immigration and Asylum Act 2002 (Juxtaposed Controls) Order 2003 (S.I. 2003/2818), art. 7(6)(c) (the modification coming into force in accordance with art. 1(2) of the modifying S.I.)

Pt. IV (ss. 34-52) modified by The Nationality, Immigration and Asylum Act 2002 (Juxtaposed Controls) Order 2003 (S.I. 2003/2818), art. 15(2) (the modification coming into force in accordance with art. 1(2) of the modifying S.I.)

Pt. IV (ss. 34-52) modified by The Nationality, Immigration and Asylum Act 2002 (Juxtaposed Controls) Order 2003 (S.I. 2003/2818), art. 16(4) (the modification coming into force in accordance with art. 1(2) of the modifying S.I.)

Pt. IV (ss. 34-52) modified (30.3.2004) by Railways and Transport Safety Act 2003 (c. 20), ss. 85(4)(a), 120 (with s. 90); S.I. 2004/827, art. 3(h)

Pt. IV (ss. 34-52) modified (30.3.2004) by Railways and Transport Safety Act 2003 (c. 20), ss. 97(4)(a), 120 (with s. 100); S.I. 2004/827, art. 3(t)

C2Pt. IV (ss. 34-52) applied (with modifications) (4.4.2005) Criminal Justice Act 2003 (c. 44), ss. 87(3), 336; S.I. 2005/950, art. 2(1), Sch. 1 para. 5 (subject to art. 2(2), Sch. 2) (as amended by S.I. 2005/2122, art. 2)

Detention—miscellaneousE+W

[F1[F247ZDBApplicable bail period: extension of limit in non-standard casesE+W

(1)This section applies in relation to a person if—

(a)the applicable bail period in relation to a person is the period mentioned in section 47ZB(1)(a),

(b)that period has not ended, and

(c)an appropriate decision-maker is satisfied that conditions A to D are met in relation to the person.

(2)The appropriate decision-maker may authorise the applicable bail period in relation to the person to be extended so that it ends at the end of the period of 12 months beginning with the person’s bail start date.

(3)Before determining whether to give an authorisation under subsection (2) in relation to a person, the appropriate decision-maker must arrange for the person or the person’s legal representative to be informed that a determination is to be made.

(4)In determining whether to give an authorisation under subsection (2) in relation to a person, the appropriate decision-maker must consider any representations made by the person or the person’s legal representative.

(5)The appropriate decision-maker must arrange for the person or the person’s legal representative to be informed whether an authorisation under subsection (2) has been given in relation to the person.

(6)For the purposes of this Part “appropriate decision-maker” means—

(a)in an FCA case, a member of staff of the Financial Conduct Authority who is of the description designated for the purposes of this section by the Chief Executive of that Authority,

(b)in an HMRC case, an officer of Revenue and Customs of a grade that is equivalent to the rank of superintendent or above,

(c)in an NCA case, a National Crime Agency officer of a grade that is equivalent to the rank of superintendent or above, and

(d)in an SFO case, a member of the Serious Fraud Office who is of the Senior Civil Service.]]

Textual Amendments

F1Ss. 47ZA-47ZM inserted (31.1.2017 for specified purposes, 3.4.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), ss. 63, 183(1)(5)(e); S.I. 2017/399, reg. 2, Sch. para. 15 (with reg. 5)