14 Reviews and Extensions of Detention under the Terrorism Act 2000

14.0 The requirement in paragraph 3.4(b) that documents and materials essential to challenging the lawfulness the detainee’s arrest and detention must be made available to the detainee or their solicitor, applies for the purposes of this section.

14.1 The powers and duties of the review officer are in the Terrorism Act 2000, Schedule 8, Part II. See Notes 14A and 14B. A review officer should carry out their duties at the police station where the detainee is held and be allowed such access to the detainee as is necessary to exercise those duties.

14.2 For the purposes of reviewing a person’s detention, no officer shall put specific questions to the detainee:

regarding their involvement in any offence; or

in respect of any comments they may make:

when given the opportunity to make representations; or

in response to a decision to keep them in detention or extend the maximum period of detention.

Such an exchange could constitute an interview as in paragraph 11.1 and would be subject to the associated safeguards in section 11.

14.3 If the detention of a person arrested under section 41 of TACT is necessary for longer than 48 hours from the time of arrest or, if a person was being detained under a provision in subsection 41(3A) of TACT at the time of their arrest under section 41, from the time when the person was detained under that provision, a police officer of at least superintendent rank, or a Crown Prosecutor may apply for a warrant of further detention or for an extension or further extension of such a warrant under paragraph 29 or (as the case may be) 36 of Part III of Schedule 8 to the Terrorism Act 2000. See Note 14C.

14.4 A terrorist offender on licence who is detained under section 43B of TACT must (unless recalled to prison or otherwise detained under any other power – for example, being arrested for an offence) be released if (a) a recall decision is made not to revoke the offender’s licence, as soon as practicable after that decision is made; or (b) if a recall decision has not been made within six hours beginning with the time of the arrest under section 43B.

14.5 There are no circumstances in which a person may be detained under section 43B for longer than six hours.

14.6 When an application is made for a warrant as described in paragraph 14.3, the detained person and their representative must be informed of their rights in respect of the application. These include:

(i) the right to a written notice of the application (see paragraph 14.7);

(ii) the right to make oral or written representations to the judicial authority / High Court judge about the application;

(iii) the right to be present and legally represented at the hearing of the application, unless specifically excluded by the judicial authority / High Courtjudge;

(iv) their right to free legal advice (see section 6 of this Code).

14.7 TACT Schedule 8 paragraph 31 requires the notice of the application for a warrant of further detention to be provided before the judicial hearing of the application for that warrant and that the notice must include:

(a) notification that the application for a warrant has been made;

(b) the time at which the application was made;

(c) the time at which the application is to be heard;

(d) the grounds on which further detention is sought.

A notice must also be provided each time an application is made to extend or further extend an existing warrant.

14.8 If the Detention of Terrorists Suspects (Temporary Extension) Bill is enacted and in force, or if a temporary extension order made by the Secretary of State under the emergency power in paragraph 38 of Schedule 8 to TACT is in force, a High Court judge may extend or further extend a warrant of further detention to authorise a person to be detained beyond a period of 14 days from the time of their arrest (or if they were being detained under a provision in subsection 41(3A) of TACT when arrested under section 41 from the time when the person was detained under that provision). The provisions of Annex J will apply when a warrant of further detention is so extended or further extended. This extension does not apply to the detention of individuals under section 43B of TACT.

14.9 Not used.

14.10 Not used.

14.11 Not used.

14.12 Not used.

14.13 Not used.

14.14 It is the responsibility of the officer who gives any reminders as at paragraph 14.6, to ensure that these are noted in the custody record, as well any comments made by the detained person upon being told of those rights.

14.15 The grounds for, and extent of, any delay in conducting a review shall be recorded.

14.16 Any written representations shall be retained.

14.17 A record shall be made as soon as practicable about the outcome of each review and, if applicable, the grounds on which the review officer authorises continued detention. A record shall also be made as soon as practicable about the outcome of an application for a warrant of further detention or its extension.

14.18 Not used.

14A TACT Schedule 8 Part II sets out the procedures for review of detention up to 48 hours from the time of arrest under TACT section 41 (or if a person was being detained under a provision in subsection 41(3A) of TACT when arrested under section 41 from the time when the person was detained under that provision). These include provisions for the requirement to review detention, postponing a review, grounds for continued detention, designating a review officer, representations, rights of the detained person and keeping a record. The review officer’s role ends after a warrant has been issued for extension of detention under Part III of Schedule 8.

14B A review officer may authorise a person’s continued detention if satisfied that detention is necessary:

(a) to obtain relevant evidence whether by questioning the person or otherwise;

(b) to preserve relevant evidence;

(c) while awaiting the result of an examination or analysis of relevant evidence;

(d) for the examination or analysis of anything with a view to obtaining relevant evidence;

(e) pending a decision to apply to the Secretary of State for a deportation notice to be served on the detainee, the making of any such application, or the consideration of any such application by the Secretary of State;

(f) pending a decision to charge the detainee with an offence.

14C Applications for warrants to extend detention beyond 48 hours, may be made for periods of 7 days at a time (initially under TACT Schedule 8 paragraph 29, and extensions thereafter under TACT Schedule 8, paragraph 36), up to a maximum period of 14 days (or 28 days if either the Detention of Terrorists Suspects (Temporary Extension) Bill) is enacted and in force, or if a temporary extension order has been made by the Secretary of State under the emergency power in paragraph 38 of Schedule 8 to TACT). This 48 hour period commences from the time of their arrest under section 41 of TACT (or if a person was being detained under a provision in subsection 41(3A) of TACT when arrested under section 41 from the time when the person was detained under that provision). Applications may be made for shorter periods than 7 days, which must be specified. The judicial authority or High Court judge may also substitute a shorter period if they feel a period of 7 days is inappropriate.

14CA Where an individual has already been held in detention for more than 48 hours at the time of their arrest under section 41 of TACT – for example, if they were initially detained under section 24 of PACE and subsequently a warrant of further detention was issued under section 43 of PACE an application to a judicial authority for a warrant of further detention shall be made under Schedule 8 to TACT 2000 as soon as reasonably practicable and no later than 12 hours after the individual’s arrest under section 41 of TACT 2000. For the avoidance of doubt, in this scenario any time spent detained under PACE will also count towards the maximum period for which an individual may be held in detention under Schedule 8 to TACT, as specified in Note 14C.

14D Unless Note 14F applies, applications for warrants that would take the total period of detention up to 14 days or less should be made to a judicial authority, meaning a District Judge (Magistrates’ Court) designated by the Lord Chief Justice to hear such applications.

14E If by virtue of the relevant provisions described in Note 14C being enacted the maximum period of detention is extended to 28 days, any application for a warrant which would take the period of detention beyond 14 days from the time of arrest (or if they were being detained under a provision in subsection 41(3A) of TACT when arrested under section 41 from the time when the person was detained under that provision), must be made to a High Court Judge.

14F If, when the Detention of Terrorists Suspects (Temporary Extension) Bill is enacted and in force, or if a temporary extension order made by the Secretary of State under the emergency power in paragraph 38 of Schedule 8 to TACT is in force, an application is made to a High Court judge for a warrant which would take detention beyond 14 days and the High Court judge instead issues a warrant for a period of time which would not take detention beyond 14 days, further applications for extension of detention must also be made to a High Court judge, regardless of the period of time to which they refer.

14G Not used.

14H An officer applying for an order under TACT Schedule 8 paragraph 34 to withhold specified information on which they intend to rely when applying for a warrant of further detention or the extension or further extension of such a warrant, may make the application for the order orally or in writing. The most appropriate method of application will depend on the circumstances of the case and the need to ensure fairness to the detainee.

14I After hearing any representations by or on behalf of the detainee and the applicant, the judicial authority or High Court judge may direct that the hearing relating to the extension of detention under Part III of Schedule 8 is to take place using video conferencing facilities. However, if the judicial authority requires the detained person to be physically present at any hearing, this should be complied with as soon as practicable. Paragraph 33(4) to (9) of TACT Schedule 8 govern the hearing of applications via video-link or other means.

14J Not used.

14K Not used.

14L Any prior time spent in detention under another power, as set out in section 41(3A) of the Terrorism Act (TACT) 2000, should be accounted for when calculating the maximum period of detention. This applies to detentions under s41 TACT 2000, as well as where there is a warrant for further detention or extension of such a warrant under paragraphs 29 or 36 of Schedule 8 to TACT 2000