Terrorism Act 2000

17 (1) An officer not below the rank of Assistant Chief Constable may direct that the consultation mentioned in paragraph 16(6) shall be in the presence of a uniformed officer not below the rank of inspector if it appears to the officer giving the direction to be necessary on one of the grounds mentioned in sub-paragraph (3).

(2) A uniformed officer directed to be present during a consultation shall be an officer who, in the opinion of the officer giving the direction, has no connection with the case.

(3) The grounds mentioned in paragraph 16(4) and (7) and in sub-paragraph (1) are—

(a) that it is in the interests of the investigation or prevention of crime;

(b) that it is in the interests of the apprehension, prosecution or conviction of offenders;

(c) that it will further the recovery of property obtained as a result of the commission of an offence or in respect of which a forfeiture order could be made under section 23;

(d) that it will further the operation of Part VI of the M1 Criminal Justice Act 1988, Part I of the M2 Proceeds of Crime (Scotland) Act 1995 or the M3 Proceeds of Crime (Northern Ireland) Order 1996 (confiscation of the proceeds of an offence).

(4) This sub-paragraph applies where an officer mentioned in paragraph 16(4) or (7) has reasonable grounds for believing that—

(a) the detained person has committed an offence to which Part VI of the M4 Criminal Justice Act 1988, Part I of the M5 Proceeds of Crime (Scotland) Act 1995 or the M6 Proceeds of Crime (Northern Ireland) Order 1996 (confiscation of the proceeds of an offence) applies,

(b) the detained person has benefited from the offence within the meaning of that Part or Order, and

(c) by informing the named person of the detained person’s detention (in the case of an authorisation under paragraph 16(4)) or by the exercise of the entitlement under paragraph 16(6) (in the case of an authorisation under paragraph 16(7)) the recovery of the value of that benefit will be hindered.

(5) Where delay is authorised in the exercising of any of the rights mentioned in paragraph 16(1) and (6)—

(a) if the authorisation is given orally, the person giving it shall confirm it in writing as soon as is reasonably practicable,

(b) the detained person shall be told the reason for the delay as soon as is reasonably practicable, and

(c) the reason shall be recorded as soon as is reasonably practicable.

Marginal Citations

M1 1988 c. 33.

M2 1995 c. 43.

M3 S.I. 1996/1299 (N.I.9).

M4 1988 c. 33.

M5 1995 c. 43.

M6 S.I. 1996/1299 (N.I.9).