Sch. 8
- (a) if the authorisation is given orally, the person giving it shall confirm it in writing as soon as is reasonably practicable,
- (b) the detained person shall be told the reason for the delay as soon as is reasonably practicable, and
- (c) the reason shall be recorded as soon as is reasonably practicable.
18.—(1) Paragraphs 16 and 17 shall have effect, in relation to a person detained under section 41 or Schedule 7, in place of any enactment or rule of law under or by virtue of which a person arrested or detained may be entitled to communicate or consult with any other person.
(2) But, where a person detained under Schedule 7 or section 41 at a police station in Scotland appears to a constable to be a child—
- (a) the other person named by the person detained in pursuance of paragraph 16(1) shall be that person’s parent, and
- (b) section 15(4) of the 1995 c. 46.Criminal Procedure (Scotland) Act 1995 shall apply to the person detained as it applies to a person who appears to a constable to be a child who is being detained as mentioned in paragraph (b) of section 15(1) of that Act,
and in this sub-paragraph “child” and “parent” have the same meaning as in section 15(4) of that Act.
19. The Secretary of State shall, by order, make provision to require that—
- (a) except in such circumstances, and
- (b) subject to such conditions,
as may be specified in the order, where a person detained has been permitted to consult a solicitor, the solicitor shall be allowed to be present at any interview carried out in connection with a terrorist investigation or for the purposes of Schedule 7.
20.—(1) Subject to the modifications specified in sub-paragraphs (2) and (3), section 18 of the Criminal Procedure (Scotland) Act 1995 (procedure for taking certain prints and samples) shall apply to a person detained under Schedule 7 or section 41 at a police station in Scotland as it applies to a person arrested or a person detained under section 14 of that Act.
(2) For subsection (2) of section 18 there shall be substituted—
- “(2) A constable may take from a detained person or require a detained person to provide relevant physical data only if—
- (a) in the case of a person detained under section 41 of the Terrorism Act 2000, he reasonably suspects that the person has been involved in an offence under any of the provisions mentioned in section 40(1)(a) of that Act and he reasonably believes that the relevant physical data will tend to confirm or disprove his involvement, or
- (b) in any case, he is satisfied that it is necessary in order to assist in determining whether the person falls within section 40(1)(b) of that Act.”
- “(2) A constable may take from a detained person or require a detained person to provide relevant physical data only if—
(3) Subsections (3) to (5) shall not apply, but any relevant physical data or sample taken in pursuance of section 18 as applied by this paragraph shall be retained only for the purposes of terrorist investigations.
