The North Korea (United Nations Sanctions) Order 2009

[F1 12.— (1) This paragraph applies where an authorised officer arrests a person under paragraph 3(a). U.K.

(2) The arrested person may be detained after the end of the period of 48 hours beginning with the time of the arrest (“the 48 hour period”) only if—

(a) the detention is authorised by a judicial authority under sub-paragraph (4), or

(b) the detention is authorised by virtue of sub-paragraphs (6) and (7).

(3) An application for authorisation may be made by any authorised officer.

(4) A judicial authority must authorise the detention of the person for a further period not exceeding 72 hours if satisfied—

(a) that there are reasonable grounds to suspect that the person is guilty of an offence under [F2 article 3(1) or 5(1)],

(b) that all reasonable steps are being taken to ensure that the person is brought as soon as is practicable to the United Kingdom to be dealt with in respect of the offence, and

(c) that the detention of the person is necessary for one or more of the purposes mentioned in sub-paragraph (5).

(5) Those purposes are—

(a) to obtain evidence that the person has committed the offence, whether by questioning the person or otherwise;

(b) to preserve evidence relating to the commission of the offence or to prevent the person interfering with witnesses;

(c) to prevent the person evading, or attempting to evade, prosecution for the offence;

(d) to prevent the person from being injured or from causing injury;

(e) to prevent the person causing loss of, or damage to, property.

(6) Sub-paragraph (7) applies if all reasonable steps are taken by an authorised officer to obtain authorisation by a judicial authority but either—

(a) it is not possible to make an application for authorisation before the end of the 48 hour period, or

(b) although such an application is made within the 48 hour period, it is not determined during that period.

(7) The arrested person may be detained after the end of the 48 hour period but only for so long as is necessary to enable an application for authorisation to be made (if it has not already been made) and determined.

(8) In subparagraph (1) any reference to an authorised officer includes a reference to a person taken with an authorised officer under paragraph 5.

(9) In this paragraph and paragraph 13, “judicial authority” means any of the following—

(a) a judge entitled to exercise the jurisdiction of the Crown Court in England and Wales or in Northern Ireland;

(b) a District Judge (Magistrates’ Courts) in England and Wales or in Northern Ireland;

(c) a justice of the peace in England and Wales;

(d) a sheriff in Scotland;

(e) a lay magistrate in Northern Ireland.]

Textual Amendments

F1 Sch. 3 inserted (1.12.2009) by The North Korea (United Nations Sanctions) (Amendment) Order 2009 (S.I. 2009/3213), arts. 1(1), 13

F2 Words in Sch. 3 para. 12(4)(a) substituted (14.12.2016) by The North Korea and Iran (United Nations Sanctions) (Amendment) Order 2016 (S.I. 2016/1119), arts. 1(1), 18