Schedule 8: Detention
Part I: Treatment of persons detained under section 41 or examined under Schedule 7
132.Paragraph 1 is similar to the power of the Secretary of State under the PTA to direct the places at which persons detained under section 41 or Schedule 7 shall be detained. Paragraphs 2–20 make provision for those detained under the Act’s arrest and detention procedures including that steps may be taken to identify them; that fingerprints, intimate samples (e.g. DNA) and non-intimate samples (e.g. hair) may be taken; and the limited circumstances in which a detainee may be kept incommunicado or without access to legal advice. Paragraph 3 provides that interviews at a police station must be audio recorded in compliance with a Code of Practice. It also provides an order-making power whereby similar provision may be made in respect of video recording.
Part II: Review of detention under section 41
133.Paragraphs 21–28 set out the arrangements for reviews of the continued detention by the police of a person arrested under section 41.
Part III: Extension of detention under section 41
Paragraph 29: Warrants of further detention
134.This paragraph provides that a police officer of at least the rank of superintendent may apply for a warrant of further detention in respect of an arrest under section 41. The application will be made to a judicial authority as defined by sub-paragraph (4). A warrant issued by the judicial authority will authorise the detention of a specific person for a specified period of time, with the maximum detention period being seven days from the time of arrest under section 41, or from the time when his examination under Schedule 7 began, whichever is earlier.
Paragraph 30: Time limit
135.This paragraph makes provision for an application to be made either within the 48-hour period specified in section 41(3) or within six hours of the end of that period. Where an application is made within this six-hour period the judicial authority will dismiss the application, if he thinks it could reasonably have been made before the 48-hour period expired.
Paragraph 31: Notice
136.This paragraph provides that an individual to whom an application for further detention applies must be notified that an application has been made, the time at which it is to be heard, and the grounds on which further detention is sought.
Paragraph 34: Information
137.This paragraph further provides that information about the application may be withheld from the individual or anyone representing him in certain circumstances.
