37(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).
Commencement Information
I1Sch. 6 para. 37 not in force at Royal Assent, see 100(1)
I2Sch. 6 para. 37 in force at 20.12.2023 by S.I. 2023/1272, reg. 2(a)