Sch. 8
Part II
Review of detention under section 41
Requirement
21.—(1) A person’s detention shall be periodically reviewed by a review officer.
(2) The first review shall be carried out as soon as is reasonably practicable after the time of the person’s arrest.
(3) Subsequent reviews shall, subject to paragraph 22, be carried out at intervals of not more than 12 hours.
(4) No review of a person’s detention shall be carried out after a warrant extending his detention has been issued under Part III.
Postponement
22.—(1) A review may be postponed if at the latest time at which it may be carried out in accordance with paragraph 21—
- (a) the detained person is being questioned by a police officer and an officer is satisfied that an interruption of the questioning to carry out the review would prejudice the investigation in connection with which the person is being detained,
- (b) no review officer is readily available, or
- (c) it is not practicable for any other reason to carry out the review.
(2) Where a review is postponed it shall be carried out as soon as is reasonably practicable.
(3) For the purposes of ascertaining the time within which the next review is to be carried out, a postponed review shall be deemed to have been carried out at the latest time at which it could have been carried out in accordance with paragraph 21.
Grounds for continued detention
23.—(1) A review officer may authorise a person’s continued detention only if satisfied that it is necessary—
- (a) to obtain relevant evidence whether by questioning him or otherwise,
- (b) to preserve relevant evidence,
- (c) pending a decision whether to apply to the Secretary of State for a deportation notice to be served on the detained person,
- (d) pending the making of an application to the Secretary of State for a deportation notice to be served on the detained person,
- (e) pending consideration by the Secretary of State whether to serve a deportation notice on the detained person, or
- (f) pending a decision whether the detained person should be charged with an offence.
(2) The review officer shall not authorise continued detention by virtue of subparagraph (1)(a) or (b) unless he is satisfied that the investigation in connection with which the person is detained is being conducted diligently and expeditiously.
(3) The review officer shall not authorise continued detention by virtue of subparagraph (1)(c) to (f) unless he is satisfied that the process pending the completion of which detention is necessary is being conducted diligently and expeditiously.
(4) In sub-paragraph (1)(a) and (b) “relevant evidence” means evidence which—