SCHEDULES
C2C1SCHEDULE 8 Detention
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
Part II Review of detention under section 41
Grounds for continued detention
23
1
A review officer may authorise a person’s continued detention only if satisfied that it is necessary—
a
to obtain relevant evidence whether by questioning him or otherwise,
b
to preserve relevant evidence,
F1ba
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;
c
pending a decision whether to apply to the Secretary of State for a deportation notice to be served on the detained person,
d
pending the making of an application to the Secretary of State for a deportation notice to be served on the detained person,
e
pending consideration by the Secretary of State whether to serve a deportation notice on the detained person, or
f
pending a decision whether the detained person should be charged with an offence.
2
The review officer shall not authorise continued detention by virtue of sub-paragraph (1)(a) or (b) unless he is satisfied that the investigation in connection with which the person is detained is being conducted diligently and expeditiously.
3
The review officer shall not authorise continued detention by virtue of sub-paragraph (1)(c) to (f) unless he is satisfied that the process pending the completion of which detention is necessary is being conducted diligently and expeditiously.
4
In F2this paragraph“relevant evidence” means evidence which—
a
relates to the commission by the detained person of an offence under any of the provisions mentioned in section 40(1)(a), or
b
indicates that the detained person falls within section 40(1)(b).
5
In sub-paragraph (1) “deportation notice” means notice of a decision to make a deportation order under the Immigration Act 1971.
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))