Schedules
Schedule 6Detention under section 27
Part 2Rights of persons detained under section 27: England, Wales and Northern Ireland
I1I29Delay in exercise of rights
1
A police officer of at least the rank of superintendent may authorise a delay—
a
in informing the person named by a detained person under paragraph 6;
b
in permitting a detained person to consult a solicitor under paragraph 7.
2
But the detained person must be permitted to exercise the rights under paragraphs 6 and 7 before the end of the period mentioned in section 27(3).
3
An officer may authorise a delay under sub-paragraph (1) only if the officer has reasonable grounds for believing—
a
in the case of an authorisation under sub-paragraph (1)(a), that informing the named person of the detained person’s detention will have any of the consequences specified in paragraph 8(4), or
b
in the case of an authorisation under sub-paragraph (1)(b), that the exercise of the right under paragraph 7 at the time when the detained person desires to exercise it will have any of the consequences specified in paragraph 8(4).
4
An officer may also authorise a delay under sub-paragraph (1) if the officer has reasonable grounds for believing that—
a
the detained person has benefited from their criminal conduct, and
b
the recovery of the value of the property constituting the benefit will be hindered by—
i
informing the named person of the detained person’s detention (in the case of an authorisation under sub-paragraph (1)(a)), or
ii
the detained person’s consultation with a solicitor (in the case of an authorisation under sub-paragraph (1)(b)).
5
For the purposes of sub-paragraph (4), whether the detained person has benefited from their criminal conduct is to be decided in accordance with Part 2 or 4 of the Proceeds of Crime Act 2002.
6
Where an officer authorises a delay under sub-paragraph (1) orally, the officer must confirm it in writing as soon as is reasonably practicable.
7
Where an officer authorises a delay under sub-paragraph (1)—
a
the detained person must be told the reason for the delay as soon as is reasonably practicable, and
b
the reason must be recorded as soon as is reasonably practicable.
8
Where the reason for authorising delay no longer applies, there may be no further delay in permitting the exercise of the right in the absence of a further authorisation under sub-paragraph (1).