National Security Act 2023

Detention - conditions

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45(1)This paragraph applies where—

(a)a person is detained by virtue of a warrant issued under this Part of this Schedule, and

(b)the detention is not authorised by virtue of section 27(6) or (7) or otherwise apart from the warrant.

(2)If, at any time, it appears to the police officer or other person in charge of the detained person’s case (“the officer in charge”) that any of the matters mentioned in paragraph 40(1)(a) and (b) on which the judicial authority last authorised the person’s further detention no longer apply, the officer in charge must—

(a)if the officer in charge has custody of the detained person, release the person immediately, and

(b)if the officer in charge does not, immediately inform the person who does have custody of the detained person that those matters no longer apply in the detained person’s case.

(3)A person with custody of the detained person who is informed in accordance with this paragraph that those matters no longer apply must release the detained person immediately.