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- (a) in England and Wales, the Senior District Judge (Chief Magistrate) or his deputy, or a District Judge (Magistrates’ Courts) who is designated for the purpose of this Part by the Lord Chancellor,
- (b) in Scotland, the sheriff, and
- (c) in Northern Ireland, a county court judge, or a resident magistrate who is designated for the purpose of this Part by the Lord Chancellor.
Time limit
30.—(1) An application for a warrant shall be made—
- (a) during the period mentioned in section 41(3), or
- (b) within six hours of the end of that period.
(2) The judicial authority hearing an application made by virtue of subparagraph (1 (b) shall dismiss the application if he considers that it would have been reasonably practicable to make it during the period mentioned in section 41(3).
(3) For the purposes of this Schedule, an application for a warrant is made when written or oral notice of an intention to make the application is given to a judicial authority.
Notice
31. An application for a warrant may not be heard unless the person to whom it relates has been given a notice stating—
- (a) that the application has been made,
- (b) the time at which the application was made,
- (c) the time at which it is to be heard, and
- (d) the grounds upon which further detention is sought.
Grounds for extension
32.—(1) A judicial authority may issue a warrant of further detention only if satisfied that—
- (a) there are reasonable grounds for believing that the further detention of the person to whom the application relates is necessary to obtain relevant evidence whether by questioning him or otherwise or to preserve relevant evidence, and
- (b) the investigation in connection with which the person is detained is being conducted diligently and expeditiously.
(2) In sub-paragraph (1) “relevant evidence” means, in relation to the person to whom the application relates, evidence which—
- (a) relates to his commission of an offence under any of the provisions mentioned in section 40(1)(a), or
- (b) indicates that he is a person falling within section 40(1)(b).
Representation
33.—(1) The person to whom an application relates shall—
- (a) be given an opportunity to make oral or written representations to the judicial authority about the application, and
- (b) subject to sub-paragraph (3), be entitled to be legally represented at the hearing.
