Page:Terrorism Act 2006.pdf/27

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may be extended) substitute—

“(3) Subject to sub-paragraph (3AA), the period by which the specified period is extended or further extended shall be the period which—

(a) begins with the time specified in sub-paragraph (3A); and

(b) ends with whichever is the earlier of—

(i) the end of the period of seven days beginning with that time; and

(ii) the end of the period of 28 days beginning with the relevant time.

(3A) The time referred to in sub-paragraph (3)(a) is—

(a) in the case of a warrant specifying a period which has not previously been extended under this paragraph, the end of the period specified in the warrant, and

(b) in any other case, the end of the period for which the period specified in the warrant was last extended under this paragraph.

(3AA) A judicial authority or senior judge may extend or further extend the period specified in a warrant by a shorter period than is required by sub-paragraph (3) if—

(a) the application for the extension is an application for an extension by a period that is shorter than is so required; or

(b) the judicial authority or senior judge is satisfied that there are circumstances that would make it inappropriate for the period of the extension to be as long as the period so required.”

(8) In sub-paragraph (4) of that paragraph (application of paragraphs 30(3), and 31 to 34), at the end insert “but, in relation to an application made by virtue of subparagraph (1A)(b) to a senior judge, as if—

(a) references to a judicial authority were references to a senior judge; and

(b) references to the judicial authority in question were references to the senior judge in question.”

(9) In sub-paragraph (5) of that paragraph, after “authority” insert “or senior judge”.

(10) After sub-paragraph (6) of that paragraph insert—

“(7) In this paragraph and paragraph 37 ‘senior judge’ means a judge of the High Court or of the High Court of Justiciary.”

(11) For paragraph 37 (release of detained person) substitute—

“37 (1) This paragraph applies where—

(a) a person (‘the detained person’) is detained by virtue of a warrant issued under this Part of this Schedule; and

(b) his detention is not authorised by virtue of section 41(5) or (6) or otherwise apart from the warrant.

(2) If it at any time appears to the police officer or other person in charge of the detained person’s case that any of the matters mentioned in paragraph 32(1)(a) and (b) on which the judicial authority or senior