Part 2—Miscellaneous provisions
- judge last authorised his further detention no longer apply, he must—
- (a) if he has custody of the detained person, release him immediately; and
- (b) if he does not, immediately inform the person who does have custody of the detained person that those matters no longer apply in the detained person’s case.
- (3) A person with custody of the detained person who is informed in accordance with this paragraph that those matters no longer apply in his case must release that person immediately.”
(12) This section does not apply in a case in which—
- (a) the arrest of the person detained under section 41 of the Terrorism Act 2000 (c. 11) took place before the commencement of this section; or
- (b) his examination under Schedule 7 to that Act began before the commencement of this section.
24Grounds for extending detention
(1) In Schedule 8 to the Terrorism Act 2000, in paragraph 23(1) (grounds on which a review officer may authorise continued detention), after paragraph (b) insert—
- “(ba) pending the result of an examination or analysis of any relevant evidence or of anything the examination or analysis of which is to be or is being carried out with a view to obtaining relevant evidence;”.
(2) In sub-paragraph (1) of paragraph 32 of that Schedule (grounds on which a judicial authority may authorise further detention), for the words from “to obtain” to “preserve relevant evidence” substitute “as mentioned in subparagraph (1A)”.
(3) After that sub-paragraph insert—
- “(1A) The further detention of a person is necessary as mentioned in this sub-paragraph if it is necessary—
- (a) to obtain relevant evidence whether by questioning him or otherwise;
- (b) to preserve relevant evidence; or
- (c) pending the result of an examination or analysis of any relevant evidence or of anything the examination or analysis of which is to be or is being carried out with a view to obtaining relevant evidence.”
(4) In paragraph 23(4) (meaning of “relevant evidence”), for “sub-paragraph (1)(a) and (b)” substitute “this paragraph”.
(5) In paragraph 32(2) (meaning of “relevant evidence”), for “sub-paragraph (1)” substitute “this paragraph”.
(6) This section does not apply in a case in which—
- (a) the arrest of the person detained under section 41 of the Terrorism Act 2000 took place before the commencement of this section; or
- (b) his examination under Schedule 7 to that Act began before the commencement of this section.
