SCHEDULES
SCHEDULE 8Detention
Part ITreatment of persons detained under section 41 or Schedule 7
Rights: England, Wales and Northern Ireland
8
1
Subject to sub-paragraph (2), an officer of at least the rank of superintendent may authorise a delay—
a
in informing the person named by a detained person under paragraph 6;
b
in permitting a detained person to consult a solicitor under paragraph 7.
2
But where a person is detained under section 41 he must be permitted to exercise his rights under paragraphs 6 and 7 before the end of the period mentioned in subsection (3) of that section.
3
Subject to sub-paragraph (5), an officer may give an authorisation under sub-paragraph (1) only if he has reasonable grounds for believing—
a
in the case of an authorisation under sub-paragraph (1)(a), that informing the named person of the detained person’s detention will have any of the consequences specified in sub-paragraph (4), or
b
in the case of an authorisation under sub-paragraph (1)(b), that the exercise of the right under paragraph 7 at the time when the detained person desires to exercise it will have any of the consequences specified in sub-paragraph (4).
4
Those consequences are—
a
interference with or harm to evidence of a serious arrestable offence,
b
interference with or physical injury to any person,
c
the alerting of persons who are suspected of having committed a serious arrestable offence but who have not been arrested for it,
d
the hindering of the recovery of property obtained as a result of a serious arrestable offence or in respect of which a forfeiture order could be made under section 23,
e
interference with the gathering of information about the commission, preparation or instigation of acts of terrorism,
f
the alerting of a person and thereby making it more difficult to prevent an act of terrorism, and
g
the alerting of a person and thereby making it more difficult to secure a person’s apprehension, prosecution or conviction in connection with the commission, preparation or instigation of an act of terrorism.
5
An officer may also give an authorisation under sub-paragraph (1) if he has reasonable grounds for believing that—
a
the detained person has committed an offence to which Part VI of the [1988 c. 33.] Criminal Justice Act 1988, Part I of the [1995 c. 43.] Proceeds of Crime (Scotland) Act 1995, or the [S.I. 1996/1299 (N.I. 9).] 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 sub-paragraph (1)(a)), or by the exercise of the right under paragraph 7 (in the case of an authorisation under sub-paragraph (1)(b)), the recovery of the value of that benefit will be hindered.
6
If an authorisation under sub-paragraph (1) is given orally, the person giving it shall confirm it in writing as soon as is reasonably practicable.
7
Where an authorisation under sub-paragraph (1) is given—
a
the detained person shall be told the reason for the delay as soon as is reasonably practicable, and
b
the reason shall be recorded as soon as is reasonably practicable.
8
Where the reason for authorising delay ceases to subsist there may be no further delay in permitting the exercise of the right in the absence of a further authorisation under sub-paragraph (1).
9
In this paragraph “serious arrestable offence” has the meaning given by section 116 of the [1984 c. 60.] Police and Criminal Evidence Act 1984 (in relation to England and Wales) and by Article 87 of the [S.I. 1989/1341 (N.I.12).] Police and Criminal Evidence (Northern Ireland) Order 1989 (in relation to Northern Ireland); but it also includes—
a
an offence under any of the provisions mentioned in section 40(1)(a) of this Act, and
b
an attempt or conspiracy to commit an offence under any of the provisions mentioned in section 40(1)(a).