National Security Act 2023

64 Reviews of detention under Part 1 U.K.

(1) An annual review under section 63(2)(a) must in particular consider compliance with the relevant requirements in relation to persons detained under section 27 by virtue of a warrant of further detention under Part 6 of Schedule 6.

(2) The relevant requirements are requirements imposed—

(a) by or under Parts 1 to 5, and paragraph 45, of Schedule 6;

(b) by any relevant code of practice under section 66 of the Police and Criminal Evidence Act 1984 or Article 65 of the Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I. 12)).

(3) The independent reviewer must ensure that a review is carried out into any case where—

(a) a person is detained under section 27 by virtue of a warrant of further detention under Part 6 of Schedule 6, and

(b) the period specified in that warrant is further extended under paragraph 44 of that Schedule to a time that is more than 14 days after the person’s arrest under section 27.

(4) A review under subsection (3) may be carried out by the independent reviewer or by another person.

(5) The independent reviewer must ensure that a report on the outcome of a review under subsection (3) is sent to the Secretary of State as soon as reasonably practicable after completion of the review.

(6) Section 63(6) to (8) applies to a report of a review under subsection (3).

(7) The expenses mentioned in section 63(9) include any expenses incurred by the independent reviewer in ensuring that another person carries out, and reports on, a review under subsection (3).

(8) “Independent reviewer” has the same meaning as in section 63.

Commencement Information

I1 S. 64 not in force at Royal Assent, see s. 100(1)

I2 S. 64 in force at 20.12.2023 by S.I. 2023/1272, reg. 2(c)