SCHEDULES

C2C1SCHEDULE 8 Detention

Annotations:
Modifications etc. (not altering text)
C1

Sch. 8 applied (with modifications) (25.7.2006) by Terrorism Act 2006 (c. 11), s. 25(1)(3)(4); S.I. 2006/1936, art. 2

Part II Review of detention under section 41

Record

28

1

A review officer carrying out a review shall make a written record of the outcome of the review and of any of the following which apply—

a

the grounds upon which continued detention is authorised,

b

the reason for postponement of the review,

c

the fact that the detained person has been informed as required under paragraph 27(1),

d

the officer’s conclusion on the matter considered under paragraph 27(2)(a),

e

the fact that he has taken action under paragraph 27(2)(b), and

f

the fact that the detained person is being detained by virtue of section 41(5) or (6).

2

The review officer shall—

a

make the record in the presence of the detained person, and

b

inform him at that time whether the review officer is authorising continued detention, and if he is, of his grounds.

3

Sub-paragraph (2) shall not apply where, at the time when the record is made, the detained person is—

a

incapable of understanding what is said to him,

b

violent or likely to become violent, or

c

in urgent need of medical attention.