Schedules
Schedule 6Detention under section 27
Part 6Extension of detention under section 27
I1I237Warrants of further detention
1
Each of the following—
a
in England and Wales, a Crown Prosecutor,
b
in Scotland, the Lord Advocate or a procurator fiscal,
c
in Northern Ireland, the Director of Public Prosecutions for Northern Ireland,
d
in any part of the United Kingdom, a police officer of at least the rank of superintendent,
may apply to a judicial authority for the issue of a warrant of further detention in relation to a person.
2
A warrant of further detention is a warrant—
a
authorising the further detention under section 27 of a person for the specified period, and
b
stating the time at which it is issued.
3
Subject to sub-paragraph (4) and paragraph 44, the specified period in relation to a person is the period of 7 days beginning with the time of the person’s arrest under section 27.
4
A judicial authority may issue a warrant of further detention in relation to a person which specifies a shorter period as the period for which the person’s further detention is authorised if—
a
the application for the warrant is an application for a warrant specifying a shorter period, or
b
the judicial authority is satisfied that there are circumstances that would make it inappropriate for the specified period to be as long as the period of 7 days mentioned in sub-paragraph (3).
5
In this Part “judicial authority” means—
a
in England and Wales, a District Judge (Magistrates’ Courts) who is designated for the purpose of this Part by the Lord Chief Justice of England and Wales,
b
in Scotland, a sheriff, and
c
in Northern Ireland, a district judge (magistrates’ courts) in Northern Ireland who is designated for the purpose of this Part by the Lord Chief Justice of Northern Ireland.
6
The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise the functions under sub-paragraph (5)(a).
7
The Lord Chief Justice of Northern Ireland may nominate any of the following to exercise the functions under sub-paragraph (5)(c)—
a
the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002;
b
a Lord Justice of Appeal (as defined in section 88 of that Act).