36(1)A police officer of at least the rank of superintendent may apply to a judicial authority for the extension or further extension of the period specified in a warrant of further detention.
(2)Where the period specified is extended, the warrant shall be endorsed with a note stating the new specified period.
(3)[F1Subject to sub-paragraph (3A),] the specified period shall end not later than the end of the period of seven days [F2beginning with the relevant time].
[F3(3A)Where the period specified in a warrant of further detention—
(a)ends at the end of the period of seven days beginning with the relevant time, or
(b)by virtue of a previous extension (or further extension) under this sub-paragraph, ends after the end of that period,
the specified period may, on an application under this paragraph, be extended or further extended to a period ending not later than the end of the period of fourteen days beginning with the relevant time.
(3B)In this paragraph “the relevant time”, in relation to a person, means—
(a)the time of his arrest under section 41, or
(b)if he was being detained under Schedule 7 when he was arrested under section 41, the time when his examination under that Schedule began.]
(4)Paragraphs 30(3) and 31 to 34 shall apply to an application under this paragraph as they apply to an application for a warrant of further detention.
(5)A judicial authority may adjourn the hearing of an application under sub-paragraph (1) only if the hearing is adjourned to a date before the expiry of the period specified in the warrant.
(6)Sub-paragraph (5) shall not apply to an adjournment under paragraph 33(2).
Textual Amendments
F1Words in Sch. 8 para. 36(3) inserted (20.1.2004) by Criminal Justice Act 2003 (c. 44), s. 306(3)(a); S.I. 2004/81, art. 2(2) (with art. 2(8))
F2Words in Sch. 8 para. 36(3) substituted (20.1.2004) by Criminal Justice Act 2003 (c. 44), s. 306(3)(b); S.I. 2004/81, art. 2(2) (with art. 2(8))
F3Sch. 8 para. 36(3A)(3B) inserted (20.1.2004) by Criminal Justice Act 2003 (c. 44), s. 306(4); S.I. 2004/81, art. 2(2) (with art. 2(8))
Modifications etc. (not altering text)
C1S. 36 extended (E.W.) (2.12.2002) by 2002 c. 30, s. 38, Sch. 4 Pt. 1 para. 14; S.I. 2002/2750, art. 2(a)(ii)(d)