Sch. 8
- (a) relates to the commission by the detained person of an offence under any of the provisions mentioned in section 40(1)(a), or
- (b) indicates that the detained person falls within section 40(1)(b).
(5) In sub-paragraph (1) “deportation notice” means notice of a decision to make a deportation order under the 1971 c. 77.Immigration Act 1971.
Review officer
24.—(1) The review officer shall be an officer who has not been directly involved in the investigation in connection with which the person is detained.
(2) In the case of a review carried out within the period of 24 hours beginning with the time of arrest, the review officer shall be an officer of at least the rank of inspector.
(3) In the case of any other review, the review officer shall be an officer of at least the rank of superintendent.
25.—(1) This paragraph applies where—
- (a) the review officer is of a rank lower than superintendent,
- (b) an officer of higher rank than the review officer gives directions relating to the detained person, and
- (c) those directions are at variance with the performance by the review officer of a duty imposed on him under this Schedule.
(2) The review officer shall refer the matter at once to an officer of at least the rank of superintendent.
Representations
26.—(1) Before determining whether to authorise a person’s continued detention, a review officer shall give either of the following persons an opportunity to make representations about the detention—
- (a) the detained person, or
- (b) a solicitor representing him who is available at the time of the review.
(2) Representations may be oral or written.
(3) A review officer may refuse to hear oral representations from the detained person if he considers that he is unfit to make representations because of his condition or behaviour.
Rights
27.—(1) Where a review officer authorises continued detention he shall inform the detained person—
- (a) of any of his rights under paragraphs 6 and 7 which he has not yet exercised, and
- (b) if the exercise of any of his rights under either of those paragraphs is being delayed in accordance with the provisions of paragraph 8, of the fact that it is being so delayed.
(2) Where a review of a person’s detention is being carried out at a time when his exercise of a right under either of those paragraphs is being delayed—
- (a) the review officer shall consider whether the reason or reasons for which the delay was authorised continue to subsist, and
- (b) if in his opinion the reason or reasons have ceased to subsist, he shall inform the officer who authorised the delay of his opinion (unless he was that officer).
