Page:Terrorism Act 2006.pdf/26

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substitute—

“(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”.

(3) In sub-paragraph (3) of paragraph 29 (period of extension to end no later than 7 days after arrest)—

(a) for “Subject to paragraph 36(3A)” substitute “Subject to sub-paragraph (3A) and paragraph 36”; and

(b) for “end not later than the end of” substitute “be”.

(4) After that sub-paragraph insert—

“(3A) 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 that 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 seven days mentioned in subparagraph (3).”

(5) In paragraph 34(1) (persons who can apply for information to be withheld from person to whom application for a warrant relates) for “officer” substitute “person”.

(6) In paragraph 36 (applications for extension or further extension), omit the words “to a judicial authority” in sub-paragraph (1), and after that subparagraph insert—

“(1A) The person to whom an application under sub-paragraph (1) may be made is—

(a) in the case of an application falling within sub-paragraph (1B), a judicial authority; and

(b) in any other case, a senior judge.

(1B) An application for the extension or further extension of a period falls within this sub-paragraph if—

(a) the grant of the application otherwise than in accordance with sub-paragraph (3AA)(b) would extend that period to a time that is no more than fourteen days after the relevant time; and

(b) no application has previously been made to a senior judge in respect of that period.”

(7) For sub-paragraphs (3) and (3A) of that paragraph (period for which warrants