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National Security Act 2023
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- UK Public General Acts
- 2023 c. 32
- Schedule 6
- Part 6
- Paragraph 40
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40(1)A judicial authority may issue a warrant of further detention only if satisfied that—
(a)there are reasonable grounds for believing that the further detention of the person to whom the application relates is necessary as mentioned in sub-paragraph (2), and
(b)the investigation in connection with which the person is detained is being conducted diligently and expeditiously.
(2)The further detention of a person is necessary as mentioned in this sub-paragraph if 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, or
(d)pending the examination or analysis of anything which is being carried out, or is to be carried out, with a view to obtaining relevant evidence.
(3)In this paragraph “relevant evidence” means, in relation to the person to whom the application relates, evidence which relates to the person’s involvement in foreign power threat activity.
Commencement Information
I1Sch. 6 para. 40 not in force at Royal Assent, see 100(1)
I2Sch. 6 para. 40 in force at 20.12.2023 by S.I. 2023/1272, reg. 2(a)
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