National Security Act 2023

Warrants of further detention U.K.

37 (1) Each of the following—

(a) in England and Wales, a Crown Prosecutor,

(b) in Scotland, the Lord Advocate or a procurator fiscal,

(c) in Northern Ireland, the Director of Public Prosecutions for Northern Ireland,

(d) in any part of the United Kingdom, a police officer of at least the rank of superintendent,

may apply to a judicial authority for the issue of a warrant of further detention in relation to a person.

(2) A warrant of further detention is a warrant—

(a) authorising the further detention under section 27 of a person for the specified period, and

(b) stating the time at which it is issued.

(3) Subject to sub-paragraph (4) and paragraph 44, the specified period in relation to a person is the period of 7 days beginning with the time of the person’s arrest under section 27.

(4) A judicial authority may issue a warrant of further detention in relation to a person which specifies a shorter period as the period for which the person’s further detention is authorised if—

(a) the application for the warrant is an application for a warrant specifying a shorter period, or

(b) the judicial authority is satisfied that there are circumstances that would make it inappropriate for the specified period to be as long as the period of 7 days mentioned in sub-paragraph (3).

(5) In this Part “judicial authority” means—

(a) in England and Wales, a District Judge (Magistrates’ Courts) who is designated for the purpose of this Part by the Lord Chief Justice of England and Wales,

(b) in Scotland, a sheriff, and

(c) in Northern Ireland, a district judge (magistrates’ courts) in Northern Ireland who is designated for the purpose of this Part by the Lord Chief Justice of Northern Ireland.

(6) The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise the functions under sub-paragraph (5)(a).

(7) The Lord Chief Justice of Northern Ireland may nominate any of the following to exercise the functions under sub-paragraph (5)(c)—

(a) the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002;

(b) a Lord Justice of Appeal (as defined in section 88 of that Act).

Commencement Information

I1 Sch. 6 para. 37 not in force at Royal Assent, see 100(1)

I2 Sch. 6 para. 37 in force at 20.12.2023 by S.I. 2023/1272, reg. 2(a)