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 Partjudicial 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).