Sch. 8
(3) In the application of this paragraph to Scotland, for the references to paragraphs 6, 7 and 8 substitute references to paragraph 16.
(4) The following provisions (requirement to bring an accused person before the court after his arrest) shall not apply to a person detained under section 41—
- (a) section 135(3) of the 1995 c. 46.Criminal Procedure (Scotland) Act 1995, and
- (b) Article 8(1) of the S.I. 1998/1504 (N.I. 9).Criminal Justice (Children) (Northern Ireland) Order 1998.
(5) Section 22(1) of the Criminal Procedure (Scotland) Act 1995 (interim liberation by officer in charge of police station) shall not apply to a person detained under section 41.
Record
28.—(1) A review officer carrying out a review shall make a written record of the outcome of the review and of any of the following which apply—
- (a) the grounds upon which continued detention is authorised,
- (b) the reason for postponement of the review,
- (c) the fact that the detained person has been informed as required under paragraph 27(1),
- (d) the officer’s conclusion on the matter considered under paragraph 27(2)(a),
- (e) the fact that he has taken action under paragraph 27(2)(b), and
- (f) the fact that the detained person is being detained by virtue of section 41(5) or (6).
(2) The review officer shall—
- (a) make the record in the presence of the detained person, and
- (b) inform him at that time whether the review officer is authorising continued detention, and if he is, of his grounds.
(3) Sub-paragraph (2) shall not apply where, at the time when the record is made, the detained person is—
- (a) incapable of understanding what is said to him,
- (b) violent or likely to become violent, or
- (c) in urgent need of medical attention.
Part III
Extension of detention under section 41
Warrants of further detention
29.—(1) 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 under this Part.
(2) A warrant of further detention—
- (a) shall authorise the further detention under section 41 of a specified person for a specified period, and
- (b) shall state the time at which it is issued.
(3) The specified period in relation to a person shall end not later than the end of the period of seven days beginning—
- (a) with the time of his arrest under section 41, or
- (b) if he was being detained under Schedule 7 when he was arrested under section 41, with the time when his examination under that Schedule began.
