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Terrorism Act 2000

Type Public General Act

Publication 2000-07-20

Last updated 2026-08-01

State In force

Department Statute Law Database

Source legislation.gov.uk

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(eb) any of the fingerprints, data or samples obtained under or by virtue of paragraph 10, 12 or 18 of Schedule 6 to the National Security Act 2023, or information derived from such samples,

(ec) any of the fingerprints, data or samples obtained under paragraph 1 or 4 of Schedule 12 to that Act, or information derived from such samples,

(f) any of the fingerprints, samples and information mentioned in section 63A(1)(a) and (b) of the Police and Criminal Evidence Act 1984 (checking of fingerprints and samples), and

(g) any of the fingerprints, samples and information mentioned in Article 63A(1)(a) and (b) of the Police and Criminal Evidence (Northern Ireland) Order 1989 (checking of fingerprints and samples).

20B

(1) This paragraph applies to paragraph 20A material relating to a person who is detained under section 41.

(2) In the case of a person who has previously been convicted of a recordable offence (other than a single exempt conviction), or an offence in Scotland which is punishable by imprisonment, or is so convicted before the end of the period within which the material may be retained by virtue of this paragraph, the material may be retained indefinitely.

(2A) In sub-paragraph (2) —

(a) the reference to a recordable offence includes an offence under the law of a country or territory outside the United Kingdom where the act constituting the offence would constitute—

(i) a recordable offence under the law of England and Wales if done there, or

(ii) a recordable offence under the law of Northern Ireland if done there,

(and, in the application of sub-paragraph (2) where a person has previously been convicted, this applies whether or not the act constituted such an offence when the person was convicted);

(b) the reference to an offence in Scotland which is punishable by imprisonment includes an offence under the law of a country or territory outside the United Kingdom where the act constituting the offence would constitute an offence under the law of Scotland which is punishable by imprisonment if done there (and, in the application of sub-paragraph (2) where a person has previously been convicted, this applies whether or not the act constituted such an offence when the person was convicted).

(3) In the case of a person who has no previous convictions, or only one exempt conviction, the material may be retained until the end of the retention period specified in sub-paragraph (4).

(4) The retention period is—

(a) in the case of fingerprints or relevant physical data, the period of 3 years beginning with the date on which the fingerprints or relevant physical data were taken or provided, and

(b) in the case of a DNA profile, the period of 3 years beginning with the date on which the DNA sample from which the profile was derived was taken (or, if the profile was derived from more than one DNA sample, the date on which the first of those samples was taken).

(5) The responsible chief officer of police or a specified chief officer of police may apply to a relevant court for an order extending the retention period.

(6) An application for an order under sub-paragraph (5) must be made within the period of 3 months ending on the last day of the retention period.

(7) An order under sub-paragraph (5) may extend the retention period by a period which—

(a) begins with the date on which the material would otherwise be required to be destroyed under this paragraph, and

(b) ends with the end of the period of 2 years beginning with that date.

(8) The following persons may appeal to the relevant appeal court against an order under sub-paragraph (5), or a refusal to make such an order—

(a) the responsible chief officer of police;

(b) a specified chief officer of police;

(9) In Scotland—

(a) an application for an order under sub-paragraph (5) is to be made by summary application;

(b) an appeal against an order under sub-paragraph (5), or a refusal to make such an order, must be made within 21 days of the relevant court's decision, and the relevant appeal court's decision on any such appeal is final.

(10) In this paragraph—

“relevant court” means—in England and Wales, a District Judge (Magistrates' Courts),in Scotland, the sheriff—in whose sheriffdom the person to whom the material relates resides,in whose sheriffdom that person is believed by the applicant to be, orto whose sheriffdom that person is believed by the applicant to be intending to come; andin Northern Ireland, a district judge (magistrates' court) in Northern Ireland;

“the relevant appeal court” means—in England and Wales, the Crown Court,in Scotland, the sheriff principal, andin Northern Ireland, the County Court in Northern Ireland;

“a specified chief officer of police” means—in England and Wales and Northern Ireland—the chief officer of the police force of the area in which the person from whom the material was taken resides, ora chief officer of police who believes that the person is in, or is intending to come to, the chief officer's police area, and the chief constable of the Police Service of Scotland, where— the person who provided the material, or from whom it was taken, resides in Scotland, orthe chief constable believes that the person is in, or is intending to come to, Scotland.

20C

(1) This paragraph applies to paragraph 20A material relating to a person who is detained under Schedule 7.

(2) In the case of a person who has previously been convicted of a recordable offence (other than a single exempt conviction), or an offence in Scotland which is punishable by imprisonment, or is so convicted before the end of the period within which the material may be retained by virtue of this paragraph, the material may be retained indefinitely.

(2A) In sub-paragraph (2) —

(a) the reference to a recordable offence includes an offence under the law of a country or territory outside the United Kingdom where the act constituting the offence would constitute—

(i) a recordable offence under the law of England and Wales if done there, or

(ii) a recordable offence under the law of Northern Ireland if done there,

(and, in the application of sub-paragraph (2) where a person has previously been convicted, this applies whether or not the act constituted such an offence when the person was convicted);

(b) the reference to an offence in Scotland which is punishable by imprisonment includes an offence under the law of a country or territory outside the United Kingdom where the act constituting the offence would constitute an offence under the law of Scotland which is punishable by imprisonment if done there (and, in the application of sub-paragraph (2) where a person has previously been convicted, this applies whether or not the act constituted such an offence when the person was convicted).

(3) In the case of a person who has no previous convictions, or only one exempt conviction, the material may be retained until the end of the retention period specified in sub-paragraph (4).

(4) The retention period is—

(a) in the case of fingerprints or relevant physical data, the period of 6 months beginning with the date on which the fingerprints or relevant physical data were taken or provided, and

(b) in the case of a DNA profile, the period of 6 months beginning with the date on which the DNA sample from which the profile was derived was taken (or, if the profile was derived from more than one DNA sample, the date on which the first of those samples was taken).

20D

(1) For the purposes of paragraphs 20B and 20C, a person is to be treated as having been convicted of an offence if—

(a) in relation to a recordable offence in England and Wales or Northern Ireland—

(i) the person has been given a caution in respect of the offence which, at the time of the caution, the person has admitted,

(ii) the person has been found not guilty of the offence by reason of insanity,

(iii) the person has been found to be under a disability and to have done the act charged in respect of the offence, or

(iv) the person has been warned or reprimanded under section 65 of the Crime and Disorder Act 1998 for the offence,

(b) the person, in relation to an offence in Scotland punishable by imprisonment, has accepted or has been deemed to accept—

(i) a conditional offer under section 302 of the Criminal Procedure (Scotland) Act 1995,

(ii) a compensation offer under section 302A of that Act,

(iii) a combined offer under section 302B of that Act, or

(iv) a work offer under section 303ZA of that Act,

(c) the person, in relation to an offence in Scotland punishable by imprisonment, has been acquitted on account of the person's insanity at the time of the offence or (as the case may be) by virtue of section 51A of the Criminal Procedure (Scotland) Act 1995,

(d) a finding in respect of the person has been made under section 55(2) of the Criminal Procedure (Scotland) Act 1995 in relation to an offence in Scotland punishable by imprisonment,

(e) the person, having been given a fixed penalty notice under section 129(1) of the Antisocial Behaviour etc. (Scotland) Act 2004 in connection with an offence in Scotland punishable by imprisonment, has paid—

(i) the fixed penalty, or

(ii) (as the case may be) the sum which the person is liable to pay by virtue of section 131(5) of that Act, or

(f) the person, in relation to an offence in Scotland punishable by imprisonment, has been discharged absolutely by order under section 246(3) of the Criminal Procedure (Scotland) Act 1995.

(2) Paragraphs 20B and 20C and this paragraph, so far as they relate to persons convicted of an offence, have effect despite anything in the Rehabilitation of Offenders Act 1974.

(3) But a person is not to be treated as having been convicted of an offence if that conviction is a disregarded conviction or caution by virtue of section 92 of the Protection of Freedoms Act 2012.

(4) For the purposes of paragraphs 20B and 20C—

(a) a person has no previous convictions if the person has not previously been convicted—

(i) in England and Wales or Northern Ireland of a recordable offence, or

(ii) in Scotland of an offence which is punishable by imprisonment, and

(b) if the person has previously been convicted of a recordable offence in England and Wales or Northern Ireland, the conviction is exempt if it is in respect of a recordable offence, other than a qualifying offence, committed when the person was aged under 18.

(5) In sub-paragraph (4), “qualifying offence” has—

(a) in relation to a conviction in respect of a recordable offence committed in England and Wales, the meaning given by section 65A of the Police and Criminal Evidence Act 1984, and

(b) in relation to a conviction in respect of a recordable offence committed in Northern Ireland, the meaning given by Article 53A of the Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I. 12)).

(5A) For the purposes of sub-paragraph (4)—

(a) a person is to be treated as having previously been convicted in England and Wales of a recordable offence if —

(i) the person has previously been convicted of an offence under the law of a country or territory outside the United Kingdom, and

(ii) the act constituting the offence would constitute a recordable offence under the law of England and Wales if done there (whether or not it constituted such an offence when the person was convicted);

(b) a person is to be treated as having previously been convicted in Northern Ireland of a recordable offence if—

(i) the person has previously been convicted of an offence under the law of a country or territory outside the United Kingdom, and

(ii) the act constituting the offence would constitute a recordable offence under the law of Northern Ireland if done there (whether or not it constituted such an offence when the person was convicted);

(c) a person is to be treated as having previously been convicted in Scotland of an offence which is punishable by imprisonment if—

(i) the person has previously been convicted of an offence under the law of a country or territory outside the United Kingdom, and

(ii) the act constituting the offence would constitute an offence punishable by imprisonment under the law of Scotland if done there (whether or not it constituted such an offence when the person was convicted);

(d) the reference in sub-paragraph (4)(b) to a qualifying offence includes a reference to an offence under the law of a country or territory outside the United Kingdom where the act constituting the offence would constitute a qualifying offence under the law of England and Wales if done there or (as the case may be) under the law of Northern Ireland if done there (whether or not it constituted such an offence when the person was convicted).

(5B) For the purposes of paragraphs 20B and 20C and this paragraph—

(a) offence, in relation to any country or territory outside the United Kingdom, includes an act punishable under the law of that country or territory, however it is described;

(b) a person has in particular been convicted of an offence under the law of a country or territory outside the United Kingdom if—

(i) a court exercising jurisdiction under the law of that country or territory has made in respect of such an offence a finding equivalent to a finding that the person is not guilty by reason of insanity, or

(ii) such a court has made in respect of such an offence a finding equivalent to a finding that the person is under a disability and did the act charged against the person in respect of the offence.

(6) If a person is convicted of more than one offence arising out of a single course of action, those convictions are to be treated as a single conviction for the purposes of calculating under paragraph 20B or 20C whether the person has been convicted of only one offence.

(7) Nothing in paragraph 20B or 20C prevents the start of a new retention period in relation to paragraph 20A material if a person is detained again under section 41 or (as the case may be) Schedule 7 when an existing retention period (whether or not extended) is still in force in relation to that material.

20E

(1) Paragraph 20A material may be retained for as long as a national security determination made by a chief officer of police has effect in relation to it.

(2) A national security determination is made if a chief officer of police determines that it is necessary for any paragraph 20A material to be retained for the purposes of national security.

(3) A national security determination—

(a) must be made in writing,

(b) has effect for a maximum of 5 years beginning with the date on which the determination is made, and

(4) In this paragraph “chief officer of police” means—

(a) a chief officer of police of a police force in England and Wales,

(b) the chief constable of the Police Service of Scotland, or

20EA

(1) This paragraph applies where paragraph 20A material is or includes a person's fingerprints (“the original fingerprints”).

(2) A constable may make a determination under this paragraph in respect of any further fingerprints taken from, or provided by, the same person (“the further fingerprints”) if conditions 1 and 2 are met.

(3) Condition 1 is met if the further fingerprints—

(a) are paragraph 20A material,

(b) are taken or provided under or by virtue of—

(i) Part 5 of the Police and Criminal Evidence Act 1984,

(ii) Article 61 of the Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I. 12)),

(iii) any provision, power or authority mentioned in section 18G(1) of the Criminal Procedure (Scotland) Act 1995,

(iv) paragraph 1 or 4 of Schedule 6 to the Terrorism Prevention and Investigation Measures Act 2011, ...

(v) paragraph 34 of Schedule 3 to the Counter-Terrorism and Border Security Act 2019, ...

(vi) paragraph 10 of Schedule 6 to the National Security Act 2023, or

(vii) paragraph 1 or 4 of Schedule 12 to that Act, or

(4) Condition 2 is met if—

(a) in a case where the further fingerprints are material to which section 18 of the Counter-Terrorism Act 2008 applies, the original fingerprints and the further fingerprints are held under the law of the same part of the United Kingdom;

(b) in any other case, the original fingerprints and the further fingerprints were taken from or provided by the person in the same part of the United Kingdom.

(5) Where a determination under this paragraph is made in respect of the further fingerprints—

(a) the further fingerprints may be retained for as long as the original fingerprints are retained under any power conferred by paragraphs 20B to 20E, and

(b) a requirement under any enactment to destroy the further fingerprints does not apply for as long as their retention is authorised by paragraph (a).

(6) Sub-paragraph (5)(a) does not prevent the further fingerprints being retained after the original fingerprints fall to be destroyed if the continued retention of the further fingerprints is authorised under any enactment.

(7) A written record must be made of a determination under this paragraph.

(8) In this paragraph—

(a) “enactment” includes—

(i) an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament, and

(ii) an enactment comprised in, or in an instrument made under, Northern Ireland legislation;

(b) references to a part of the United Kingdom are references to—

(i) England and Wales,

(ii) Scotland, or

(iii) Northern Ireland.

20F

(1) If fingerprints or relevant physical data are required by paragraph 20A to be destroyed, any copies of the fingerprints or relevant physical data held by a police force must also be destroyed.

(2) If a DNA profile is required by that paragraph to be destroyed, no copy may be retained by a police force except in a form which does not include information which identifies the person to whom the DNA profile relates.

20G

(1) This paragraph applies to—

(a) samples taken under paragraph 10 or 12, or

(b) samples taken by virtue of paragraph 20.

(2) Samples to which this paragraph applies must be destroyed if it appears to the responsible chief officer of police that—

(a) the taking of the sample was unlawful, or

(b) the sample was taken from a person in connection with that person's arrest under section 41 and the arrest was unlawful or based on mistaken identity.

(3) Subject to this, the rule in sub-paragraph (4) or (as the case may be) (5) applies.

(4) A DNA sample to which this paragraph applies must be destroyed—

(a) as soon as a DNA profile has been derived from the sample, or

(b) if sooner, before the end of the period of 6 months beginning with the date on which the sample was taken.

(5) Any other sample to which this paragraph applies must be destroyed before the end of the period of 6 months beginning with the date on which it was taken.

(6) The responsible chief officer of police may apply to a relevant court for an order to retain a sample to which this paragraph applies beyond the date on which the sample would otherwise be required to be destroyed by virtue of sub-paragraph (4) or (5) if—

(a) the sample was taken from a person detained under section 41 in connection with the investigation of a qualifying offence, and

(b) the responsible chief officer of police considers that the condition in sub-paragraph (7) is met.

(7) The condition is that, having regard to the nature and complexity of other material that is evidence in relation to the offence, the sample is likely to be needed in any proceedings for the offence for the purposes of—

(a) disclosure to, or use by, a defendant, or

(b) responding to any challenge by a defendant in respect of the admissibility of material that is evidence on which the prosecution proposes to rely.

(8) An application under sub-paragraph (6) must be made before the date on which the sample would otherwise be required to be destroyed by virtue of sub-paragraph (4) or (5).

(9) If, on an application made by the responsible chief officer of police under sub-paragraph (6), the relevant court is satisfied that the condition in sub-paragraph (7) is met, it may make an order under this sub-paragraph which—

(a) allows the sample to be retained for a period of 12 months beginning with the date on which the sample would otherwise be required to be destroyed by virtue of sub-paragraph (4) or (5), and

(b) may be renewed (on one or more occasions) for a further period of not more than 12 months from the end of the period when the order would otherwise cease to have effect.

(10) An application for an order under sub-paragraph (9) (other than an application for renewal)—

(a) may be made without notice of the application having been given to the person from whom the sample was taken, and

(b) may be heard and determined in private in the absence of that person.

(11) In Scotland, an application for an order under sub-paragraph (9) (including an application for renewal) is to be made by summary application.

(12) A sample retained by virtue of an order under sub-paragraph (9) must not be used other than for the purposes of any proceedings for the offence in connection with which the sample was taken.

(13) A sample that ceases to be retained by virtue of an order under sub-paragraph (9) must be destroyed.

(14) Nothing in this paragraph prevents a relevant search, in relation to samples to which this paragraph applies, from being carried out within such time as may reasonably be required for the search if the responsible chief officer of police considers the search to be desirable.

(15) In this paragraph—

“ancillary offence”, in relation to an offence for the time being listed in section 41(1) of the Counter-Terrorism Act 2008, means—aiding, abetting, counselling or procuring the commission of the offence, orinciting, attempting or conspiring to commit the offence;

“qualifying offence”—in relation to the investigation of an offence committed in England and Wales, has the meaning given by section 65A of the Police and Criminal Evidence Act 1984,in relation to the investigation of an offence committed in Scotland, means a relevant offence, an offence for the time being listed in section 41(1) of the Counter-Terrorism Act 2008 or an ancillary offence to an offence so listed, andin relation to the investigation of an offence committed in Northern Ireland, has the meaning given by Article 53A of the Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I. 12)).

“relevant court” means—in England and Wales, a District Judge (Magistrates' Courts),in Scotland, the sheriff—in whose sheriffdom the person to whom the sample relates resides,in whose sheriffdom that person is believed by the responsible chief officer of police to be, orto whose sheriffdom that person is believed by the responsible chief officer of police to be intending to come; andin Northern Ireland, a district judge (magistrates' court) in Northern Ireland;

“relevant offence” has the same meaning as in section 19A of the Criminal Procedure (Scotland) Act 1995;

“a relevant search” has the meaning given by paragraph 20A(6).

20H

(1) Any material to which paragraph 20A or 20G applies must not be used other than—

(a) in the interests of national security,

(b) for the purposes of a terrorist investigation,

(c) for purposes related to the prevention or detection of crime, the investigation of an offence or the conduct of a prosecution, or

(d) for purposes related to the identification of a deceased person or of the person to whom the material relates.

(2) Subject to sub-paragraph (1), a relevant search (within the meaning given by paragraph 20A(6)) may be carried out in relation to material to which paragraph 20A or 20G applies if the responsible chief officer of police considers the search to be desirable.

(3) Material which is required by paragraph 20A or 20G to be destroyed must not at any time after it is required to be destroyed be used—

(a) in evidence against the person to whom the material relates, or

(b) for the purposes of the investigation of any offence.

(4) In this paragraph—

(a) the reference to using material includes a reference to allowing any check to be made against it and to disclosing it to any person,

(b) the reference to crime includes a reference to any conduct which—

(i) constitutes one or more criminal offences (whether under the law of a part of the United Kingdom or of a country or territory outside the United Kingdom), or

(ii) is, or corresponds to, any conduct which, if it all took place in any one part of the United Kingdom, would constitute one or more criminal offences, and

(c) the references to an investigation and to a prosecution include references, respectively, to any investigation outside the United Kingdom of any crime or suspected crime and to a prosecution brought in respect of any crime in a country or territory outside the United Kingdom.

(5) Sub-paragraphs (1), (2) and (4) do not form part of the law of Scotland.

20I

(1) Paragraphs 20A to 20H do not apply to material relating to a person detained under section 41 which is, or may become, disclosable under—

(a) the Criminal Procedure and Investigations Act 1996, or

(b) a code of practice prepared under section 23 of that Act and in operation by virtue of an order under section 25 of that Act.

(2) A sample that—

(a) falls within sub-paragraph (1), and

(b) but for that sub-paragraph would be required to be destroyed under paragraph 20G,

must not be used other than for the purposes of any proceedings for the offence in connection with which the sample was taken.

(3) A sample that once fell within sub-paragraph (1) but no longer does, and so becomes a sample to which paragraph 20G applies, must be destroyed immediately if the time specified for its destruction under that paragraph has already passed.

20J

In paragraphs 20A to 20I—

“DNA profile” means any information derived from a DNA sample;

“DNA sample” means any material that has come from a human body and consists of or includes human cells;

“fingerprints” has the meaning given by section 65(1) of the Police and Criminal Evidence Act 1984 (Part 5 definitions);

“paragraph 20A material” has the meaning given by paragraph 20A(2);

“police force” means any of the following—the metropolitan police force;a police force maintained under section 2 of the Police Act 1996 (police forces in England and Wales outside London);the City of London police force; the Police Service of Scotland; the Scottish Police Authority;the Police Service of Northern Ireland;the Police Service of Northern Ireland Reserve;the Ministry of Defence Police;the Royal Navy Police;the Royal Military Police;the Royal Air Force Police;the British Transport Police; and references to a police force are to be read as including the tri-service serious crime unit (as described in section 375(1A) of the Armed Forces Act 2006);

“recordable offence” has—in relation to a conviction in England and Wales, the meaning given by section 118(1) of the Police and Criminal Evidence Act 1984, andin relation to a conviction in Northern Ireland, the meaning given by Article 2(2) of the Police and Criminal Evidence (Northern Ireland) Order 1989;

“relevant physical data” has the meaning given by section 18(7A) of the Criminal Procedure (Scotland) Act 1995;

“responsible chief officer of police” means, in relation to fingerprints or samples taken in England or Wales, or a DNA profile derived from a sample so taken, the chief officer of police for the police area—in which the material concerned was taken, orin the case of a DNA profile, in which the sample from which the DNA profile was derived was taken;

“responsible chief officer of police” means, in relation to relevant physical data or samples taken or provided in Scotland, or a DNA profile derived from a sample so taken or provided, the chief constable of the Police Service of Scotland —in which the material concerned was taken or provided, orin the case of a DNA profile, in which the sample from which the DNA profile was derived was taken;

“responsible chief officer of police” means, in relation to fingerprints or samples taken in Northern Ireland, or a DNA profile derived from a sample so taken, the Chief Constable of the Police Service of Northern Ireland.

PART 1A — Review of detention under Schedule 7

General requirements

20K

(1) A person's detention under Schedule 7 must be periodically reviewed by a review officer.

(2) The first review must be carried out before the end of the period of one hour beginning with the person's detention under that Schedule.

(3) Subsequent reviews must be carried out at intervals of not more than two hours.

(4) The review officer may authorise a person's continued detention under Schedule 7 only if satisfied that it is necessary for the purposes of exercising a power under paragraph 2 or 3 of that Schedule.

(5) If on a review under this paragraph the review officer does not authorise a person's continued detention, the person must be released (unless detained under another power).

(6) In this Part of this Schedule “review officer” means a senior officer who has not been directly involved in questioning the detained person under paragraph 2 or 3 of Schedule 7.

(7) “Senior officer” means—

(a) where the examining officer is a constable, a constable of a higher rank than the examining officer,

(b) where the examining officer is an immigration officer, an immigration officer of a higher grade than the examining officer, and

(8) The Secretary of State must under paragraph 6 of Schedule 14 issue a code of practice about reviews under this Part of this Schedule.

(9) The code of practice must include provision about training to be undertaken by persons who are to act as review officers.

Representations

20L

(1) Before determining whether to authorise a person's continued detention, a review officer must give either of the following persons an opportunity to make representations about the detention—

(a) the detained person, or

(b) a solicitor representing the detained person 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 the officer considers that the detained person is unfit to make representations because of the detained person's condition or behaviour.

Rights

20M

(1) Where a review officer authorises continued detention the officer must inform the detained person—

(a) of any of the detained person's rights under paragraphs 6 and 7 which have not yet been exercised, and

(b) if the exercise of any of those rights is being delayed in accordance with the provisions of paragraph 8, of the fact that it is being delayed.

(2) Where a review of a person's detention is being carried out at a time when the person's exercise of a right under paragraph 6 or 7 is being delayed—

(a) the review officer must consider whether the reason or reasons for which the delay was authorised continue to subsist, and

(b) if in the review officer's opinion the reason or reasons have ceased to subsist, the review officer must inform the officer who authorised the delay of that opinion (unless the review officer was that officer).

(3) In the application of this paragraph to Scotland, for the references to paragraphs 6, 7 and 8 substitute references to paragraph 16.

Record

20N

(1) A review officer carrying out a review must make a written record of the outcome of the review and of any of the following which apply—

(a) the fact that the officer is satisfied that continued detention is necessary for the purposes of exercising a power under paragraph 2 or 3 of Schedule 7,

(b) the fact that the detained person has been informed as required under paragraph 20M(1),

(d) the fact that the officer has taken action under paragraph 20M(2)(b).

(2) The review officer must inform the detained person whether the officer is authorising continued detention, and if so that the officer is satisfied that continued detention is necessary for the purposes of exercising a power under paragraph 2 or 3 of Schedule 7.

(3) Sub-paragraph (2) does not apply where the detained person is—

(a) incapable of understanding what is said,

(b) violent or likely to become violent, or

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

(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,

(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;

(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 sub-paragraph (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 sub-paragraph (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 this paragraph“relevant evidence” means evidence which—

(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 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).

(3) In the application of this paragraph to Scotland, for the references to paragraphs 6, 7 and 8 substitute references to paragraph 16.

(4) The following provisions (requirement to bring an accused person before the court after his arrest) shall not apply to a person detained under section 41—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) Article 8(1) of the Criminal Justice (Children) (Northern Ireland) Order 1998.

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Record

28

(1) A review officer carrying out a review shall make a written record of the outcome of the review and of any of the following which apply—

(a) the grounds upon which continued detention is authorised,

(b) the reason for postponement of the review,

(d) the officer’s conclusion on the matter considered under paragraph 27(2)(a),

(e) the fact that he has taken action under paragraph 27(2)(b), and

(f) the fact that the detained person is being detained by virtue of section 41(5) or (6).

(2) The review officer shall—

(a) make the record in the presence of the detained person, and

(b) inform him at that time whether the review officer is authorising continued detention, and if he is, of his grounds.

(3) Sub-paragraph (2) shall not apply where, at the time when the record is made, the detained person is—

(a) incapable of understanding what is said to him,

(b) violent or likely to become violent, or

Part III — Extension of detention under section 41

Warrants of further detention

29

(1) Each of the following—

(a) in England and Wales, a Crown Prosecutor,

(b) in Scotland, the Lord Advocate or a procurator fiscal,

(d) in any part of the United Kingdom, a police officer of at least the rank of superintendent,

may apply to a judicial authority for the issue of a warrant of further detention under this Part.

(2) A warrant of further detention—

(a) shall authorise the further detention under section 41 of a specified person for a specified period, and

(b) shall state the time at which it is issued.

(3) Subject to sub-paragraph (3A) and paragraph 36, the specified period in relation to a person shall be the period of seven days beginning—

(a) with the time of his arrest under section 41, or

(b) if he was being detained under Schedule 7 when he was arrested under section 41, with the time when his examination under that Schedule began.

(3A) A judicial authority may issue a warrant of further detention in relation to a person which specifies a shorter period as the period for which that person's further detention is authorised if—

(a) the application for the warrant is an application for a warrant specifying a shorter period; or

(b) the judicial authority is satisfied that there are circumstances that would make it inappropriate for the specified period to be as long as the period of seven days mentioned in sub-paragraph (3).

(4) In this Part “judicial authority” means—

(a) in England and Wales, . . . a District Judge (Magistrates’ Courts) who is designated for the purpose of this Part by the Lord Chief Justice of England and Wales . . . ,

(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 Chief Justice of Northern Ireland . . . .

(5) The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under sub-paragraph (4)(a).

(6) The Lord Chief Justice of Northern Ireland may nominate any of the following to exercise his functions under sub-paragraph (4)(c)—

(a) the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002;

(b) a Lord Justice of Appeal (as defined in section 88 of that Act).

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 sub-paragraph (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,

(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 as mentioned in sub-paragraph (1A) , and

(b) the investigation in connection with which the person is detained is being conducted diligently and expeditiously.

(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.

(2) In this paragraph“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.

(2) A judicial authority shall adjourn the hearing of an application to enable the person to whom the application relates to obtain legal representation where—

(a) he is not legally represented,

(b) he is entitled to be legally represented, and

(3) A judicial authority may exclude any of the following persons from any part of the hearing—

(a) the person to whom the application relates;

(b) anyone representing him.

(4) A judicial authority may, after giving an opportunity for representations to be made by or on behalf of the applicant and the person to whom the application relates, direct—

(a) that the hearing of the application must be conducted, and

(b) that all representations by or on behalf of a person for the purposes of the hearing must be made,

by such means (whether a live television link or other means) falling within sub-paragraph (5) as may be specified in the direction and not in the presence (apart from by those means) of the applicant, of the person to whom the application relates or of any legal representative of that person.

(5) A means of conducting the hearing and of making representations falls within this sub-paragraph if it allows the person to whom the application relates and any legal representative of his (without being present at the hearing and to the extent that they are not excluded from it under sub-paragraph (3))—

(a) to see and hear the judicial authority and the making of representations to it by other persons; and

(b) to be seen and heard by the judicial authority.

(6) If the person to whom the application relates wishes to make representations about whether a direction should be given under sub-paragraph (4), he must do so by using the facilities that will be used if the judicial authority decides to give a direction under that sub-paragraph.

(7) Sub-paragraph (2) applies to the hearing of representations about whether a direction should be given under sub-paragraph (4) in the case of any application as it applies to a hearing of the application.

(8) A judicial authority shall not give a direction under sub-paragraph (4) unless—

(a) it has been notified by the Secretary of State that facilities are available at the place where the person to whom the application relates is held for the judicial authority to conduct a hearing by means falling within sub-paragraph (5); and

(b) that notification has not been withdrawn.

(9) If in a case where it has power to do so a judicial authority decides not to give a direction under sub-paragraph (4), it shall state its reasons for not giving it.

Information

34

(1) The person who has made an application for a warrant may apply to the judicial authority for an order that specified information upon which he intends to rely be withheld from—

(a) the person to whom the application relates, and

(b) anyone representing him.

(2) Subject to sub-paragraph (3), a judicial authority may make an order under sub-paragraph (1) in relation to specified information only if satisfied that there are reasonable grounds for believing that if the information were disclosed—

(a) evidence of an offence under any of the provisions mentioned in section 40(1)(a) would be interfered with or harmed,

(b) the recovery of property obtained as a result of an offence under any of those provisions would be hindered,

(c) the recovery of property in respect of which a forfeiture order could be made under section 23 or 23A would be hindered,

(d) the apprehension, prosecution or conviction of a person who is suspected of falling within section 40(1)(a) or (b) would be made more difficult as a result of his being alerted,

(e) the prevention of an act of terrorism would be made more difficult as a result of a person being alerted,

(f) the gathering of information about the commission, preparation or instigation of an act of terrorism would be interfered with, or

(g) a person would be interfered with or physically injured.

(3) A judicial authority may also make an order under sub-paragraph (1) in relation to specified information if satisfied that there are reasonable grounds for believing that—

(a) the detained person has benefited from his criminal conduct, and

(b) the recovery of the value of the property constituting the benefit would be hindered if the information were disclosed.

(3A) For the purposes of sub-paragraph (3) the question whether a person has benefited from his criminal conduct is to be decided in accordance with Part 2 or 3 of the Proceeds of Crime Act 2002.

(4) The judicial authority shall direct that the following be excluded from the hearing of the application under this paragraph—

(a) the person to whom the application for a warrant relates, and

(b) anyone representing him.

Adjournments

35

(1) A judicial authority may adjourn the hearing of an application for a warrant only if the hearing is adjourned to a date before the expiry of the period mentioned in section 41(3).

(2) This paragraph shall not apply to an adjournment under paragraph 33(2).

Extensions of warrants

36

(1) Each of the following—

(a) in England and Wales, a Crown Prosecutor,

(b) in Scotland, the Lord Advocate or a procurator fiscal,

(d) in any part of the United Kingdom, a police officer of at least the rank of superintendent,

may apply . . . for the extension or further extension of the period specified in a warrant of further detention.

(1A) The person to whom an application under sub-paragraph (1) may be made is a judicial authority

(1B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) Where the period specified is extended, the warrant shall be endorsed with a note stating the new specified period.

(3) Subject to sub-paragraph (3AA), the period by which the specified period is extended or further extended shall be the period which—

(a) begins with the time specified in sub-paragraph (3A); and

(b) ends with whichever is the earlier of—

(i) the end of the period of seven days beginning with that time; and

(ii) the end of the period of 14 days beginning with the relevant time.

(3A) The time referred to in sub-paragraph (3)(a) is—

(a) in the case of a warrant specifying a period which has not previously been extended under this paragraph, the end of the period specified in the warrant, and

(b) in any other case, the end of the period for which the period specified in the warrant was last extended under this paragraph.

(3AA) A judicial authority ... may extend or further extend the period specified in a warrant by a shorter period than is required by sub-paragraph (3) if—

(a) the application for the extension is an application for an extension by a period that is shorter than is so required; or

(b) the judicial authority ... is satisfied that there are circumstances that would make it inappropriate for the period of the extension to be as long as the period so required.

(3B) In this paragraph “ the relevant time ”, in relation to a person, means—

(a) the time of his arrest under section 41, or

(b) if he was being detained under Schedule 7 when he was arrested under section 41, the time when his examination under that Schedule began.

(4) Paragraphs 30(3) and 31 to 34 shall apply to an application under this paragraph as they apply to an application for a warrant of further detention ...

(5) A judicial authority ... may adjourn the hearing of an application under sub-paragraph (1) only if the hearing is adjourned to a date before the expiry of the period specified in the warrant.

(6) Sub-paragraph (5) shall not apply to an adjournment under paragraph 33(2).

(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Detention - conditions

37

(1) This paragraph applies where—

(a) a person (“the detained person”) is detained by virtue of a warrant issued under this Part of this Schedule; and

(b) his detention is not authorised by virtue of section 41(5) or (6) or otherwise apart from the warrant.

(2) If it at any time appears to the police officer or other person in charge of the detained person's case that any of the matters mentioned in paragraph 32(1)(a) and (b) on which the judicial authority ... 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.

PART 4 — Emergency power when parliament dissolved etc. for temporary extension of maximum period for detention under section 41

38

(1) The Secretary of State may make a temporary extension order if—

(a) either—

(i) Parliament is dissolved, or

(ii) Parliament has met after a dissolution but the first Queen's Speech of the Parliament has not yet taken place, and

(b) the Secretary of State considers that it is necessary by reason of urgency to make such an order.

(2) A temporary extension order is an order which provides, in relation to the period of three months beginning with the coming into force of the order, for paragraphs 36 and 37 to be read as if—

(a) in paragraph 36(3)(b)(ii) for “14 days” there were substituted “ 28 days ”, and

(b) the other modifications in sub-paragraphs (3) and (4) were made.

(3) The other modifications of paragraph 36 are—

(a) the insertion at the beginning of sub-paragraph (1) of “Subject to sub-paragraphs (1ZA) to (1ZI),”,

(b) the insertion, after sub-paragraph (1), of—

(1ZA) Sub-paragraph (1ZB) applies in relation to any proposed application under sub-paragraph (1) for the further extension of the period specified in a warrant of further detention where the grant (otherwise than in accordance with sub-paragraph (3AA)(b)) of the application would extend the specified period to a time that is more than 14 days after the relevant time. (1ZB) No person may make such an application— (a) in England and Wales, without the consent of the Director of Public Prosecutions, (b) in Scotland, without the consent of the Lord Advocate, and (c) in Northern Ireland, without the consent of the Director of Public Prosecutions for Northern Ireland, unless the person making the application is the person whose consent is required. (1ZC) The Director of Public Prosecutions must exercise personally any function under sub-paragraph (1ZB) of giving consent. (1ZD) The only exception is if— (a) the Director is unavailable, and (b) there is another person who is designated in writing by the Director acting personally as the person who is authorised to exercise any such function when the Director is unavailable. (1ZE) In that case— (a) the other person may exercise the function but must do so personally, and (b) the Director acting personally— (i) must review the exercise of the function as soon as practicable, and (ii) may revoke any consent given. (1ZF) Where the consent is so revoked after an application has been made or extension granted, the application is to be dismissed or (as the case may be) the extension is to be revoked. (1ZG) Sub-paragraphs (1ZC) to (1ZF) apply instead of any other provisions which would otherwise have enabled any function of the Director of Public Prosecutions under sub-paragraph (1ZB) of giving consent to be exercised by a person other than the Director. (1ZH) The Director of Public Prosecutions for Northern Ireland must exercise personally any function under sub-paragraph (1ZB) of giving consent unless the function is exercised personally by the Deputy Director of Public Prosecutions for Northern Ireland by virtue of section 30(4) or (7) of the Justice (Northern Ireland) Act 2002 (powers of Deputy Director to exercise functions of Director). (1ZI) Sub-paragraph (1ZH) applies instead of section 36 of the Act of 2002 (delegation of the functions of the Director of Public Prosecutions for Northern Ireland to persons other than the Deputy Director) in relation to the functions of the Director of Public Prosecutions for Northern Ireland and the Deputy Director of Public Prosecutions for Northern Ireland under, or (as the case may be) by virtue of, sub-paragraph (1ZB) above of giving consent.

(a) in the case of an application falling within sub-paragraph (1B), a judicial authority; and (b) in any other case, a senior judge

(d) the insertion, after sub-paragraph (1A), of—

(1B) An application for the extension or further extension of a period falls within this sub-paragraph if— (a) the grant of the application otherwise than in accordance with sub-paragraph (3AA)(b) would extend that period to a time that is no more than 14 days after the relevant time; and (b) no application has previously been made to a senior judge in respect of that period.

(e) the insertion, after “judicial authority” in both places in sub-paragraph (3AA) where it appears, of “or senior judge”,

(f) the insertion, after “detention” in sub-paragraph (4), of

but, in relation to an application made by virtue of sub-paragraph (1A)(b) to a senior judge, as if— (a) references to a judicial authority were references to a senior judge; and (b) references to the judicial authority in question were references to the senior judge in question

(g) the insertion, after “judicial authority” in sub-paragraph (5), of “or senior judge”, and

(h) the insertion, after sub-paragraph (6), of—

(7) In this paragraph and paragraph 37 “senior judge” means a judge of the High Court or of the High Court of Justiciary.

(4) The modification of paragraph 37 is the insertion, in sub-paragraph (2), after “judicial authority”, of “or senior judge”.

(5) A temporary extension order applies, except so far as it provides otherwise, to any person who is being detained under section 41 when the order comes into force (as well as any person who is subsequently detained under that section).

(6) The Secretary of State may by order revoke a temporary extension order if the Secretary of State considers it appropriate to do so (whether or not the conditions mentioned in paragraphs (a) and (b) of sub-paragraph (1) are met).

(7) Sub-paragraph (8) applies if—

(a) any of the following events occurs—

(i) the revocation without replacement of a temporary extension order,

(ii) the expiry of the period of three months mentioned in sub-paragraph (2) in relation to such an order,

(iii) the ceasing to have effect of such an order by virtue of section 123(6B) and (6C), and

(b) at that time—

(i) a person is being detained by virtue of a further extension under paragraph 36,

(ii) the person's further detention was authorised by virtue of the temporary extension order concerned (before its revocation, expiry or ceasing to have effect) for a period ending more than 14 days after the relevant time (within the meaning given by paragraph 36(3B)),

(iii) that 14 days has expired, and

(iv) the person's detention is not otherwise authorised by law.

(8) The person with custody of that individual must release the individual immediately.

(9) Subject to sub-paragraphs (7) and (8), the fact that—

(a) a temporary extension order is revoked,

(b) the period of three months mentioned in sub-paragraph (2) has expired in relation to such an order, or

is without prejudice to anything previously done by virtue of the order or to the making of a new order.

SCHEDULE 8A — Offence under section 58A: supplementary provisions

Introduction

1

(1) This Schedule makes supplementary provision relating to the offence in section 58A (eliciting, publishing or communicating information about members of the armed forces etc).

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Domestic service providers: extension of liability

2

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Non-UK service providers: restriction on proceedings

3

(1) This paragraph applies where a service provider is established in an EEA state ... (a “non-UK service provider”).

(2) Proceedings for an offence under section 58A must not be brought against a non-UK service provider in respect of anything done in the course of the provision of information society services unless the following conditions are met.

(3) The conditions are—

(a) that the bringing of proceedings is necessary for one of the following reasons—

(i) public policy,

(ii) public security, including the safeguarding of national security and defence;

(b) that the proceedings are brought against an information society service that prejudices the objectives referred to in paragraph (a) or presents a serious and grave risk of prejudice to those objectives;

Exceptions for mere conduits

4

(1) A service provider is not guilty of an offence under section 58A in respect of anything done in the course of providing so much of an information society service as consists in—

(a) the provision of access to a communication network, or

(b) the transmission in a communication network of information provided by a recipient of the service,

if the following condition is satisfied.

(2) The condition is that the service provider does not—

(a) initiate the transmission,

(b) select the recipient of the transmission, or

(3) For the purposes of sub-paragraph (1)—

(a) the provision of access to a communication network, and

(b) the transmission of information in a communication network,

includes the automatic, intermediate and transient storage of the information transmitted so far as the storage is solely for the purpose of carrying out the transmission in the network.

(4) Sub-paragraph (3) does not apply if the information is stored for longer than is reasonably necessary for the transmission.

Exception for caching

5

(1) This paragraph applies where an information society service consists in the transmission in a communication network of information provided by a recipient of the service.

(2) The service provider is not guilty of an offence under section 58A in respect of the automatic, intermediate and temporary storage of information so provided, if—

(a) the storage of the information is solely for the purpose of making more efficient the onward transmission of the information to other recipients of the service at their request, and

(b) the following conditions are satisfied.

(3) The first condition is that the service provider does not modify the information.

(4) The second condition is that the service provider complies with any conditions attached to having access to the information.

(5) The third condition is that if the service provider obtains actual knowledge that—

(a) the information at the initial source of the transmission has been removed from the network,

(b) access to it has been disabled, or

(c) a court or administrative authority has ordered the removal from the network of, or the disablement of access to, the information,

the service provider expeditiously removes the information or disables access to it.

Exception for hosting

6

(1) A service provider is not guilty of an offence under section 58A in respect of anything done in the course of providing so much of an information society service as consists in the storage of information provided by a recipient of the service, if the condition is met.

(2) The condition is that—

(a) the service provider had no actual knowledge when the information was provided that it contained offending material, or

(b) on obtaining actual knowledge that the information contained offending material, the service provider expeditiously removed the information or disabled access to it.

(3) “ Offending material ” means information about a person who is or has been—

(a) a member of Her Majesty's forces,

(b) a member of any of the intelligence services, or

which is of a kind likely to be useful to a person committing or preparing an act of terrorism.

(4) This paragraph does not apply if the recipient of the service is acting under the authority or control of the service provider.

(5) In this paragraph “ the intelligence services ” means the Security Service, the Secret Intelligence Service and GCHQ (within the meaning of section 3 of the Intelligence Services Act 1994 (c. 13)).

Interpretation

7

(1) In this Schedule—

" the E-Commerce Directive "means Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce in the Internal Market ;

“ information society services ”— has the meaning given in Article 2(a) of the E-Commerce Directive (which refers to Article 1(2) of Directive 98/34/EC of the European Parliament and of the Council of 22 June 1998 laying down a procedure for the provision of information in the field of technical standards and regulations), andis summarised in recital 17 of the E-Commerce Directive as covering “any service normally provided for remuneration, at a distance, by means of electronic equipment for the processing (including digital compression) and storage of data, and at the individual request of a recipient of a service”;

“ recipient ”, in relation to a service, means any person who, for professional ends or otherwise, uses an information society service, in particular for the purposes of seeking information or making it accessible;

“ service provider ” means a person providing an information society service.

(2) For the purposes of this Schedule whether a service provider is established in an EEA state shall be determined in accordance with the following provisions—

(a) a service provider is established in a particular EEA state if the service provider—

(i) effectively pursues an economic activity using a fixed establishment in that EEA state for an indefinite period, and

(ii) is a national of an EEA state or a company or firm mentioned in Article 54 of the Treaty on the Functioning of the European Union ;

(b) the presence or use in a particular place of equipment or other technical means of providing an information society service does not, of itself, constitute the establishment of a service provider;

(c) where it cannot be determined from which of a number of establishments a given information society service is provided, that service is to be regarded as provided from the establishment at the centre of the service provider's activities relating to that service.

SCHEDULE 9 — Scheduled Offences

Part I — Substantive Offences

Common law offences

1

Murder . . . .

2

Manslaughter . . . .

3

Riot . . . .

4

Kidnapping . . . .

5

False imprisonment . . . .

Malicious Damage Act 1861 (c. 97)

6

Offences under section 35 of the Malicious Damage Act 1861 (interference with railway) . . . .

Offences against the Person Act 1861 (c. 100)

7

Offences under the following provisions of the Offences against the Person Act 1861 . . . —

(a) section 4 (offences relating to murder),

(b) section 16 (threats to kill),

(d) section 20 (causing grievous bodily harm),

(e) section 29 (causing explosion or sending explosive substance or throwing corrosive liquid with intent to cause grievous bodily harm), and

(f) section 47 (assault occasioning actual bodily harm).

Explosive Substances Act 1883 (c. 3)

8

Offences under the following provisions of the Explosive Substances Act 1883 . . . —

(a) section 2 (causing explosion likely to endanger life or damage property),

(b) section 3 (intending or conspiring to cause any such explosion, and making or possessing explosive with intent to endanger life or cause serious damage to property), and

Prison Act (Northern Ireland) 1953 (c. 18 (N.I.))

9

Offences under the following provisions of the Prison Act (Northern Ireland) 1953 . . . —

(a) section 25 (being unlawfully at large while under sentence),

(b) section 26 (escaping from lawful custody and failing to surrender to bail),

(d) section 28 (breaking prison by force or violence),

(e) section 29 (rescuing or assisting or permitting to escape from lawful custody persons under sentence of death or life imprisonment),

(f) section 30 (rescuing or assisting or permitting to escape from lawful custody persons other than persons under sentence of death or life imprisonment),

(g) section 32 (causing discharge of prisoner under pretended authority), and

(h) section 33 (assisting prisoners to escape by conveying things into prisons).

Theft Act (Northern Ireland) 1969 (c. 16 (N.I.))

10

Subject to notes 2 and 3 below, offences under the following provisions of the Theft Act (Northern Ireland) 1969—

(a) section 1 (theft) . . . ,

(b) section 8 (robbery) . . . ,

(d) section 10 (aggravated burglary) . . . , and

(e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(f) section 20 (blackmail) . . . .

Protection of the Person and Property Act (Northern Ireland) 1969 (c. 29 (N.I.))

11

Offences under the following provisions of the Protection of the Person and Property Act (Northern Ireland) 1969 . . . —

(a) section 1 (intimidation),

(b) section 2 (making or possessing petrol bomb, etc. in suspicious circumstances), and

Hijacking

12

Offences under section 1 of the Aviation Security Act 1982 (aircraft) . . . .

13

Offences in Northern Ireland under section 2 of the Criminal Jurisdiction Act 1975 (vehicles or ships) . . . .

Criminal Damage (Northern Ireland) Order 1977 (S.I. 1977/426 (N.I. 4))

14

Offences under the following provisions of the Criminal Damage (Northern Ireland) Order 1977 . . . —

(a) Article 3(1) and (3) or Article 3(2) and (3) (arson),

(b) Article 3(2) (destroying or damaging property with intent to endanger life),

(d) Article 5 (possessing anything with intent to destroy or damage property).

Criminal Law (Amendment) (Northern Ireland) Order 1977 (S.I. 1977/1249 (N.I. 16))

15

Offences under Article 3 of the Criminal Law (Amendment) (Northern Ireland) Order 1977 (bomb hoaxes) . . . .

Firearms (Northern Ireland) Order 2004 ( S.I. 2004/ (N.I. ))

16

Offences under the following provisions of the Firearms (Northern Ireland) Order 2004 . . . —

(a) Article 24(1)(manufacturing, dealing in, repairing, etc. , firearm or ammunition without firearms dealer’s certificate),

(b) Article 37(1), (2) or (4)(sale, etc. , of firearm or ammunition),

(d) Article 58(1)(possessing firearm or ammunition with intent to endanger life or cause serious damage to property),

(e) Article 59 (use or attempted use of firearm or imitation firearm to prevent arrest of self or another),

(f) Article 60 (carrying firearm or imitation firearm with intent to commit indictable offence or prevent arrest of self or another),

(g) Article 61 (carrying firearm, etc. in public place) subject to note 4 below,

(h) Article 63 (possession of firearm or ammunition by person who has been sentenced to imprisonment, etc. and sale of firearm or ammunition to such a person),

(i) Article 64 (possessing firearm or ammunition in suspicious circumstances), and

(j) Article 67 (shortening barrel of shotgun or converting imitation firearm into firearm).

Taking of Hostages Act 1982 (c. 28)

17

Offences under the Taking of Hostages Act 1982 . . . .

Nuclear Material (Offences) Act 1983 (c. 18)

18

Offences under section 2 of the Nuclear Material (Offences) Act 1983 (offences involving nuclear material: preparatory acts and threats) . . . .

Computer Misuse Act 1990 (c. 18)

19

Offences under the following provisions of the Computer Misuse Act 1990 . . . —

(a) section 1 (unauthorised access to computer material),

(b) section 2 (unauthorised access with intent to commit further offence), and

Aviation and Maritime Security Act 1990 (c. 31)

20

Offences under the following provisions of the Aviation and Maritime Security Act 1990 . . . —

(a) section 1 (endangering safety at aerodromes),

(b) section 9 (hijacking of ships), and

Channel Tunnel (Security) Order 1994 (S.I. 1994/570)

21

Offences under the following provisions of the Channel Tunnel (Security) Order 1994 . . . —

(a) Article 4 (hijacking of Channel Tunnel trains), and

(b) Article 5 (seizing or exercising control of the tunnel system).

This Act

22

Offences under the following provisions of this Act—

(a) section 11,

(b) section 12,

(d) sections 15 to 19,

(e) section 54,

(f) section 56,

(g) section 57,

(h) section 58,

(i) section 103,

(j) paragraph 37 of Schedule 4,

(k) Schedule 5,

(l) paragraph 10 of Schedule 10 . . . , and

(m) paragraphs 2 and 3 of Schedule 13 . . . .

Justice (Northern Ireland) Act 2004

22A

Offences under paragraph 1(1) or (2) of Schedule 2 to the Justice (Northern Ireland) Act 2004 (absconding by persons admitted to bail in respect of a scheduled offence), . . . .

Prevention of Terrorism Act 2005

22B

Offences under section 9 of the Prevention of Terrorism Act 2005 (contravention of control order obligations and obstruction of persons serving control order).

Terrorism Act 2006

22C

Offences under Part 1 of the Terrorism Act 2006 (terrorism-related offences).

Fraud Act 2006

23

Offences under section 1 of the Fraud Act 2006 (fraud) subject to note 2 below.

Notes

1

Any offence specified in this Part of this Schedule . . . is not a scheduled offence in any particular case in which the Advocate General for Northern Ireland certifies that it is not to be treated as a scheduled offence.

2

An offence specified in paragraph 10(a) or (c) or 23 is a scheduled offence only where it is charged that the offence was committed in relation to or by means of nuclear material within the meaning of the Nuclear Material (Offences) Act 1983 . . .

3

An offence specified in paragraph 10(b) or (d) is a scheduled offence only where it is charged—

(a) that an explosive, firearm, imitation firearm or weapon of offence was used to commit the offence, or

(b) that the offence was committed in relation to or by means of nuclear material within the meaning of the Nuclear Material (Offences) Act 1983;

and expressions defined in section 10 of the Theft Act (Northern Ireland) 1969 have the same meaning when used in this note.

4

The offence specified in paragraph 16(g) is a scheduled offence only where it is charged that the offence relates to a weapon other than an air weapon.

5

Notes 2 to 4 are subject to note 1.

Each of the following offences, that is to say—

(a) aiding, abetting, counselling, procuring or inciting the commission of an offence specified in Part I of this Schedule (hereafter in this paragraph referred to as a “substantive offence”),

(b) attempting or conspiring to commit a substantive offence,

(c) an offence under section 4 of the Criminal Law Act (Northern Ireland) 1967 of doing any act with intent to impede the arrest or prosecution of a person who has committed a substantive offence, and

(d) an offence under section 5(1) of the Criminal Law Act (Northern Ireland) 1967 of failing to give information to a constable which is likely to secure, or to be of material assistance in securing, the apprehension, prosecution or conviction of a person for a substantive offence,

shall be treated for the purposes of Part VII of this Act as if it were the substantive offence.

Part III — Extra-Territorial Offences

Any extra-territorial offence as defined in section 1(3) of the Criminal Jurisdiction Act 1975.

Note

An extra-territorial offence is not a scheduled offence in any particular case in which the Advocate General for Northern Ireland certifies that it is not to be treated as a scheduled offence.

SCHEDULE 10 — Munitions and Transmitters: Search and Seizure

Interpretation

1

(1) In this Schedule “officer” means—

(a) a member of Her Majesty’s forces on duty, and

(b) a constable.

(2) In this Schedule “authorised officer” means—

(a) a member of Her Majesty’s forces who is on duty and is authorised by a commissioned officer of those forces, and

(b) a constable who is authorised by an officer of the Royal Ulster Constabulary of at least the rank of inspector.

(3) In this Schedule—

“munitions” means—explosives, firearms and ammunition, andanything used or capable of being used in the manufacture of an explosive, a firearm or ammunition,

“scanning receiver” means apparatus (or a part of apparatus) for wireless telegraphy designed or adapted for the purpose of automatically monitoring selected frequencies, or automatically scanning a selected range of frequencies, so as to enable transmissions on any of those frequencies to be detected or intercepted,

“transmitter” means apparatus (or a part of apparatus) for wireless telegraphy designed or adapted for emission, as opposed to reception,

“wireless apparatus” means a scanning receiver or a transmitter, and

“wireless telegraphy” has the meaning given by section 116 of the Wireless Telegraphy Act 2006.

Entering premises

2

(1) An officer may enter and search any premises for the purpose of ascertaining—

(a) whether there are any munitions unlawfully on the premises, or

(b) whether there is any wireless apparatus on the premises.

(2) An officer may not enter a dwelling under this paragraph unless he is an authorised officer and he reasonably suspects that the dwelling—

(a) unlawfully contains munitions, or

(b) contains wireless apparatus.

3

If it is necessary for the purpose of carrying out a search under paragraph 2 (including a search of a dwelling) an officer may be accompanied by other persons.

4

(1) If the officer carrying out a search of premises under paragraph 2 reasonably believes that it is necessary in order to carry out the search or to prevent it from being frustrated, he may—

(a) require a person who is on the premises when the search begins, or who enters during the search, to remain on the premises;

(b) require a person mentioned in paragraph (a) to remain in a specified part of the premises;

(d) require a person mentioned in paragraph (a) to go from one specified part of the premises to another;

(e) require a person who is not a resident of the premises to refrain from entering them.

(2) A requirement imposed under this paragraph shall cease to have effect after the conclusion of the search in relation to which it was imposed.

(3) Subject to sub-paragraph (4), no requirement under this paragraph for the purposes of a search shall be imposed or have effect after the end of the period of four hours beginning with the time when the first (or only) requirement is imposed in relation to the search.

(4) An officer of the Royal Ulster Constabulary of at least the rank of superintendent may extend the period mentioned in sub-paragraph (3) in relation to a search by a further period of four hours if he reasonably believes that it is necessary to do so in order to carry out the search or to prevent it from being frustrated.

(5) The power to extend a period conferred by sub-paragraph (4) may be exercised only once in relation to a particular search.

5

Section 114(2) has effect for the purposes of this Schedule in relation to a member of Her Majesty’s forces as it has effect in relation to a constable.

Stopping and searching persons

6

(1) An officer may—

(a) stop a person in a public place, and

(b) search him for the purpose of ascertaining whether he has munitions unlawfully with him or wireless apparatus with him.

(2) An officer may search a person who—

(a) is not in a public place, and

(b) whom the officer reasonably suspects to have munitions unlawfully with him or to have wireless apparatus with him.

(3) An officer may search a person entering or found in a dwelling entered under paragraph 2.

Seizure

7

(1) This paragraph applies where an officer is empowered by virtue of any provision of Part VII of this Act to search premises or a person.

(2) The officer may—

(a) seize any munitions found in the course of the search (unless it appears to him that the munitions are being, have been and will be used only lawfully), and

(b) retain and, if necessary, destroy them.

(3) The officer may—

(a) seize any wireless apparatus found in the course of the search (unless it appears to him that the apparatus is being, has been and will be used only lawfully), and

(b) retain it.

Records

8

(1) Where an officer carries out a search of premises under this Schedule he shall, unless it is not reasonably practicable, make a written record of the search.

(2) The record shall specify—

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