- Y Diweddaraf sydd Ar Gael (Diwygiedig)
- Pwynt Penodol mewn Amser (15/12/2017)
- Gwreiddiol (Fel y'i Deddfwyd)
Point in time view as at 15/12/2017.
Anti-social Behaviour, Crime and Policing Act 2014, Paragraph 7 is up to date with all changes known to be in force on or before 24 December 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
7(1)The Terrorism Act 2000 is amended as follows.E+W
(2)In paragraph 6(3) of Schedule 7 (provisions of Schedule 8 applying to detention under Schedule 7)—
(a)for “Part I” there is substituted “ Parts 1 and 1A ”;
(b)after “treatment” there is inserted “ and review of detention ”.
(3)In Schedule 8, after Part 1 there is inserted—
20K(1)A person's detention under Schedule 7 must be periodically reviewed by a review officer.
(2)The first review must be carried out before the end of the period of one hour beginning with the person's detention under that Schedule.
(3)Subsequent reviews must be carried out at intervals of not more than two hours.
(4)The review officer may authorise a person's continued detention under Schedule 7 only if satisfied that it is necessary for the purposes of exercising a power under paragraph 2 or 3 of that Schedule.
(5)If on a review under this paragraph the review officer does not authorise a person's continued detention, the person must be released (unless detained under another power).
(6)In this Part of this Schedule “review officer” means a senior officer who has not been directly involved in questioning the detained person under paragraph 2 or 3 of Schedule 7.
(7)“Senior officer” means—
(a)where the examining officer is a constable, a constable of a higher rank than the examining officer,
(b)where the examining officer is an immigration officer, an immigration officer of a higher grade than the examining officer, and
(c)where the examining officer is a customs officer, a customs officer of a higher grade than the examining officer.
(8)The Secretary of State must under paragraph 6 of Schedule 14 issue a code of practice about reviews under this Part of this Schedule.
(9)The code of practice must include provision about training to be undertaken by persons who are to act as review officers.
20L(1)Before determining whether to authorise a person's continued detention, a review officer must give either of the following persons an opportunity to make representations about the detention—
(a)the detained person, or
(b)a solicitor representing the detained person who is available at the time of the review.
(2)Representations may be oral or written.
(3)A review officer may refuse to hear oral representations from the detained person if the officer considers that the detained person is unfit to make representations because of the detained person's condition or behaviour.
20M(1)Where a review officer authorises continued detention the officer must inform the detained person—
(a)of any of the detained person's rights under paragraphs 6 and 7 which have not yet been exercised, and
(b)if the exercise of any of those rights is being delayed in accordance with the provisions of paragraph 8, of the fact that it is being delayed.
(2)Where a review of a person's detention is being carried out at a time when the person's exercise of a right under paragraph 6 or 7 is being delayed—
(a)the review officer must consider whether the reason or reasons for which the delay was authorised continue to subsist, and
(b)if in the review officer's opinion the reason or reasons have ceased to subsist, the review officer must inform the officer who authorised the delay of that opinion (unless the review officer was that officer).
(3)In the application of this paragraph to Scotland, for the references to paragraphs 6, 7 and 8 substitute references to paragraph 16.
20N(1)A review officer carrying out a review must make a written record of the outcome of the review and of any of the following which apply—
(a)the fact that the officer is satisfied that continued detention is necessary for the purposes of exercising a power under paragraph 2 or 3 of Schedule 7,
(b)the fact that the detained person has been informed as required under paragraph 20M(1),
(c)the officer's conclusion on the matter considered under paragraph 20M(2)(a), and
(d)the fact that the officer has taken action under paragraph 20M(2)(b).
(2)The review officer must inform the detained person whether the officer is authorising continued detention, and if so that the officer is satisfied that continued detention is necessary for the purposes of exercising a power under paragraph 2 or 3 of Schedule 7.
(3)Sub-paragraph (2) does not apply where the detained person is—
(a)incapable of understanding what is said,
(b)violent or likely to become violent, or
(c)in urgent need of medical attention.”
Commencement Information
I1Sch. 9 para. 7(1)(3) in force at 13.5.2014 for specified purposes by S.I. 2014/949, art. 3, Sch. para. 21(b)
I2Sch. 9 para. 7(1)(3) in force at 1.4.2015 in so far as not already in force by S.I. 2014/1916, art. 4
I3Sch. 9 para. 7(2) in force at 1.4.2015 by S.I. 2014/1916, art. 4
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
Y Ddeddf Gyfan you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Y Ddeddf Gyfan heb Atodlenni you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Y Rhestrau you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Y Diweddaraf sydd Ar Gael (diwygiedig):Y fersiwn ddiweddaraf sydd ar gael o’r ddeddfwriaeth yn cynnwys newidiadau a wnaed gan ddeddfwriaeth ddilynol ac wedi eu gweithredu gan ein tîm golygyddol. Gellir gweld y newidiadau nad ydym wedi eu gweithredu i’r testun eto yn yr ardal ‘Newidiadau i Ddeddfwriaeth’.
Gwreiddiol (Fel y’i Deddfwyd neu y’i Gwnaed): Mae'r wreiddiol fersiwn y ddeddfwriaeth fel ag yr oedd pan gafodd ei deddfu neu eu gwneud. Ni wnaed unrhyw newidiadau i’r testun.
Pwynt Penodol mewn Amser: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Rhychwant ddaearyddol: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Dangos Llinell Amser Newidiadau: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Testun a grëwyd gan yr adran o’r llywodraeth oedd yn gyfrifol am destun y Ddeddf i esbonio beth mae’r Ddeddf yn ceisio ei wneud ac i wneud y Ddeddf yn hygyrch i ddarllenwyr nad oes ganddynt gymhwyster cyfreithiol. Cyflwynwyd Nodiadau Esboniadol ym 1999 ac maent yn cyd-fynd â phob Deddf Gyhoeddus ac eithrio Deddfau Adfeddiannu, Cronfa Gyfunol, Cyllid a Chyfnerthiad.
Gallwch wneud defnydd o ddogfennau atodol hanfodol a gwybodaeth ar gyfer yr eitem ddeddfwriaeth o’r tab hwn. Yn ddibynnol ar yr eitem ddeddfwriaeth sydd i’w gweld, gallai hyn gynnwys:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Defnyddiwch y ddewislen hon i agor dogfennau hanfodol sy’n cyd-fynd â’r ddeddfwriaeth a gwybodaeth am yr eitem hon o ddeddfwriaeth. Gan ddibynnu ar yr eitem o ddeddfwriaeth sy’n cael ei gweld gall hyn gynnwys:
liciwch ‘Gweld Mwy’ neu ddewis ‘Rhagor o Adnoddau’ am wybodaeth ychwanegol gan gynnwys