Anti-social Behaviour, Crime and Policing Act 2014

Right of person detained under Schedule 7 to have someone informed and to consult a solicitor

5 (1) Schedule 8 to the Terrorism Act 2000 is amended as follows.

(2) In paragraph 1(5) (definition of examining officer) for “paragraph” there is substituted “Schedule”.

(3) In paragraph 2(2)(d), the words “(within the meaning of that Schedule)” are omitted.

(4) In paragraph 6, for “police station”, in each place, there is substituted “place”.

(5) In paragraph 7(1) the words “at a police station” are omitted.

(6) After paragraph 7 there is inserted—

“7A(1) This paragraph applies where a person detained under Schedule 7 requests to consult a solicitor.

(2) The examining officer may not question the detained person under paragraph 2 or 3 of Schedule 7 until the person has consulted a solicitor (or no longer wishes to do so).

(3) Sub-paragraph (2) does not apply if the examining officer reasonably believes that postponing the questioning until then would be likely to prejudice determination of the relevant matters.

(4) The powers given by paragraph 8 of Schedule 7 (search powers where a person is questioned under paragraph 2 of Schedule 7) may be used when questioning is postponed because of sub-paragraph (2).

(5) The detained person is entitled to consult a solicitor in person.

(6) Sub-paragraph (5) does not apply if the examining officer reasonably believes that the time it would take to consult a solicitor in person would be likely to prejudice determination of the relevant matters.

(7) In that case the examining officer may require any consultation to take place in another way.

(8) In this paragraph “the relevant matters” means the matters the examining officer seeks to determine under paragraph 2 or 3 of Schedule 7.”

(7) In paragraph 8(1), for “an officer” there is substituted “a police officer”.

(8) In paragraph 9(2)(a) and (b)—

(a) the words “at a police station” are omitted;

(b) for “an officer” there is substituted “a police officer”.

(9) In paragraph 16—

(a) in sub-paragraphs (1) and (3), in each place, for “police station” there is substituted “place”;

(b) in sub-paragraph (6), after “detained” there is inserted “as mentioned in sub-paragraph (1)”.

(10) After paragraph 16 there is inserted—

“16A(1) This paragraph applies where a person detained under Schedule 7 requests to consult a solicitor.

(2) The examining officer may not question the detained person under paragraph 2 or 3 of Schedule 7 until the person has consulted a solicitor (or no longer wishes to do so).

(3) Sub-paragraph (2) does not apply if the examining officer reasonably believes that postponing the questioning until then would be likely to prejudice determination of the relevant matters.

(4) The powers given by paragraph 8 of Schedule 7 (search powers where a person is questioned under paragraph 2 of Schedule 7) may be used when questioning is postponed because of sub-paragraph (2).

(5) The detained person is entitled to consult a solicitor in person.

(6) Sub-paragraph (5) does not apply if the examining officer reasonably believes that the time it would take to consult a solicitor in person would be likely to prejudice determination of the relevant matters.

(7) In that case the examining officer may require any consultation to take place in another way.

(8) In this paragraph “the relevant matters” means the matters the examining officer seeks to determine under paragraph 2 or 3 of Schedule 7.”

(11) In paragraph 17(1)—

(a) for “An officer” there is substituted “A police officer”;

(b) after “uniformed” there is inserted “police”.

(12) In paragraph 18—

(a) in sub-paragraph (1), for “and” there is substituted “to”;

(b) in sub-paragraph (2), for “police station” there is substituted “place”;

(c) after sub-paragraph (2) there is inserted—

“(3) In relation to a person detained under Schedule 7 at a place other than a police station—

(a) sub-paragraph (2), and

(b) section 15(4) of the Criminal Procedure (Scotland) Act 1995 as applied by that sub-paragraph,

apply as if references to a constable included an examining officer.”