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Version Superseded: 01/01/2006
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Terrorism Act 2000, Paragraph 5 is up to date with all changes known to be in force on or before 07 January 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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5(1)The M1Police and Criminal Evidence Act 1984 shall be amended as follows.
(2)For section 30(12)(c) (arrest elsewhere than at a police station) substitute—
“(c)any provision of the Terrorism Act 2000.”
(3)In section 32(10) (search upon arrest) for “section 15(3), (4) and (5) of the Prevention of Terrorism (Temporary Provisions) Act 1989” substitute “ section 43 of the Terrorism Act 2000 ”.
(4)For section 51(b) (savings: Part IV) substitute—
“(b)the powers conferred by virtue of section 41 of, or Schedule 7 to, the Terrorism Act 2000 (powers of arrest and detention);”.
(5)For section 56(10) and (11) (application of right to have someone informed) substitute—
“(10)Nothing in this section applies to a person arrested or detained under the terrorism provisions.”
(6)For section 58(12) to (18) (application of right of access to legal advice) substitute—
“(12)Nothing in this section applies to a person arrested or detained under the terrorism provisions.”
(7)For section 61(9)(b) (fingerprinting: disapplication) substitute—
“(b)applies to a person arrested or detained under the terrorism provisions.”
(8)For section 62(12) (intimate samples: disapplication) substitute—
“(12)Nothing in this section applies to a person arrested or detained under the terrorism provisions; and subsection (1A) shall not apply where the non-intimate samples mentioned in that subsection were taken under paragraph 10 of Schedule 8 to the Terrorism Act 2000.”
(9)For section 63(10) (non-intimate samples: disapplication) substitute—
“(10)Nothing in this section applies to a person arrested or detained under the terrorism provisions.”
(10)In section 65 (interpretation) for the definitions of “the terrorism provisions” and “terrorism” substitute—
““the terrorism provisions” means section 41 of the Terrorism Act 2000, and any provision of Schedule 7 to that Act conferring a power of detention; and
“terrorism” has the meaning given in section 1 of that Act.”
(11)In section 116 (definition of serious arrestable offence for the purposes of sections 56 and 58)—
(a)in subsection (3) for “subsections (4) and (5)” substitute “ subsection (4) ”, and
(b)subsection (5) shall cease to have effect.
(12)For section 118(2)(a) (definition of police detention) substitute—
“(a)he has been taken to a police station after being arrested for an offence or after being arrested under section 41 of the Terrorism Act 2000, or.”
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