National Security Act 2023

Grounds for continued detention U.K.

31 (1) A review officer may authorise a person’s continued detention only if satisfied that it is necessary—

(a) to obtain relevant evidence, whether by questioning the person or otherwise,

(b) to preserve relevant evidence,

(c) pending the result of an examination or analysis of any relevant evidence,

(d) pending the result of any examination or analysis which is being carried out, or which is to be carried out, with a view to obtaining relevant evidence,

(e) pending a decision whether to apply to the Secretary of State for a deportation notice to be served on the person,

(f) pending the making of an application to the Secretary of State for a deportation notice to be served on the person,

(g) pending consideration by the Secretary of State of whether to serve a deportation notice on the person, or

(h) pending a decision as to whether the person should be charged with an offence.

(2) The review officer may not authorise continued detention by virtue of sub-paragraph (1)(a) to (d) unless satisfied that the investigation in connection with which the person is detained is being conducted diligently and expeditiously.

(3) The review officer may not authorise continued detention by virtue of sub-paragraph (1)(e) to (h) unless satisfied that the process pending the completion of which detention is necessary is being conducted diligently and expeditiously.

(4) In this paragraph “relevant evidence” means evidence which relates to the detained person’s involvement in foreign power threat activity.

(5) In sub-paragraph (1) “deportation notice” means notice of a decision to make a deportation order under the Immigration Act 1971.

Commencement Information

I1 Sch. 6 para. 31 not in force at Royal Assent, see 100(1)

I2 Sch. 6 para. 31 in force at 20.12.2023 by S.I. 2023/1272, reg. 2(a)