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Part IVE+W Detention

Modifications etc. (not altering text)

C1Pt. IV (ss. 34-52) modified (2.8.1993) by S.I. 1993/1813, art. 6, Sch. 3 paras. 4(6)(b)(c)(7), 5(9)(b)(c), 6(9)(b)(c); Pt. IV (ss. 34-52) modified by the said S.I. 1993/1813, art. 6, Sch. 3 para. 4 as incorporated (with modifications) (1.12.1997) by S.I. 1994/1405, art. 6, Sch. 3 para. 5

Pt. IV (ss. 34-52) modified by The Nationality, Immigration and Asylum Act 2002 (Juxtaposed Controls) Order 2003 (S.I. 2003/2818), art. 7(6)(c) (the modification coming into force in accordance with art. 1(2) of the modifying S.I.)

Pt. IV (ss. 34-52) modified by The Nationality, Immigration and Asylum Act 2002 (Juxtaposed Controls) Order 2003 (S.I. 2003/2818), art. 15(2) (the modification coming into force in accordance with art. 1(2) of the modifying S.I.)

Pt. IV (ss. 34-52) modified by The Nationality, Immigration and Asylum Act 2002 (Juxtaposed Controls) Order 2003 (S.I. 2003/2818), art. 16(4) (the modification coming into force in accordance with art. 1(2) of the modifying S.I.)

Pt. IV (ss. 34-52) modified (30.3.2004) by Railways and Transport Safety Act 2003 (c. 20), ss. 85(4)(a), 120 (with s. 90); S.I. 2004/827, art. 3(h)

Pt. IV (ss. 34-52) modified (30.3.2004) by Railways and Transport Safety Act 2003 (c. 20), ss. 97(4)(a), 120 (with s. 100); S.I. 2004/827, art. 3(t)

C2Pt. IV (ss. 34-52) applied (with modifications) (4.4.2005) Criminal Justice Act 2003 (c. 44), ss. 87(3), 336; S.I. 2005/950, art. 2(1), Sch. 1 para. 5 (subject to art. 2(2), Sch. 2) (as amended by S.I. 2005/2122, art. 2)

Detention—miscellaneousE+W

[F147ZFApplicable bail period: first extension of limit by courtE+W

(1)This section applies in relation to a person if—

F2(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)a senior officer has authorised an extension of the applicable bail period in relation to the person under [F3section 47ZDA],

[F4(ba)an appropriate decision-maker has authorised an extension of the applicable bail period in relation to the person under section 47ZDB,] or

(c)[F5a qualifying police officer] has authorised an extension of the applicable bail period in relation to the person under section 47ZE.

(2)Before the applicable bail period in relation to the person ends a qualifying applicant may apply to a magistrates’ court for it to authorise an extension of the applicable bail period in relation to the person under this section.

(3)If the court is satisfied that—

(a)conditions B to D are met in relation to the person, and

(b)the case does not fall within subsection (7),

it may authorise the applicable bail period to be extended as specified in subsection (4).

(4)The applicable bail period is to end—

(a)in a case falling within [F6subsection (1)(b)], at the end of the period of [F712 months] beginning with the person’s bail start date;

(b)in a case falling within [F8subsection (1)(ba) or (c)], at the end of the period of [F918 months] beginning with the person’s bail start date.

(5)If the court is satisfied that—

(a)conditions B to D are met in relation to the person, and

(b)the case falls within subsection (7),

it may authorise the applicable bail period to be extended as specified in subsection (6).

(6)The applicable bail period is to end—

(a)in a case falling within [F10subsection (1)(b)], at the end of the period of [F1118 months] beginning with the person’s bail start date;

(b)in a case falling within [F12subsection (1)(ba) or (c)], at the end of the period of [F1324 months] beginning with the person’s bail start date.

(7)A case falls within this subsection if the nature of the decision or further investigations mentioned in condition B means that that decision is unlikely to be made or those investigations completed if the applicable bail period in relation to the person is not extended as specified in subsection (6).

(8)In this section “qualifying applicant” means—

(a)a constable,

(b)a member of staff of the Financial Conduct Authority who is of the description designated for the purposes of this subsection by the Chief Executive of the Authority,

[F14(ba)an officer of Revenue and Customs,

(bb)a National Crime Agency officer,]

(c)a member of the Serious Fraud Office, or

(d)a Crown Prosecutor.]

Textual Amendments

F1Ss. 47ZA-47ZM inserted (31.1.2017 for specified purposes, 3.4.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), ss. 63, 183(1)(5)(e); S.I. 2017/399, reg. 2, Sch. para. 15 (with reg. 5)