United Kingdom of Great Britain and Northern Ireland
Practice Relating to Rule 99. Deprivation of Liberty
Section D. Prompt appearance before a judge or judicial officer
In 2006, in its sixth periodic report to the Human Rights Committee, the United Kingdom stated:
Length and conditions of detention
405. Part 5 of, and Schedule 8 to, the Terrorism Act 2000, as amended by the Terrorism Act 2006, allow for the arrest of those suspected of being a terrorist and their detention prior to charge for a maximum of 28 days. However, all detention beyond 48 hours is subject to judicial authorization. Extension of detention warrants can be granted by a judicial authority for periods of no more than seven days at a time up to the maximum of 28 days. A judge can only agree to issue an extension of detention warrant if he is satisfied that it is necessary and that the investigation is being conducted as expeditiously as possible. A person must be released as soon as the reason for his detention no longer exists, regardless of how long his detention has been authorized.
407. Subparagraphs 33(4)–33(9) of Schedule 8 to the Terrorism Act 2000 (as amended by the Criminal Justice & Police Act 2001) provide for a direction to be given by the judicial authority hearing applications for extension of pre-charge detention under the Act. The judicial authority may direct that hearings may be held by live video link if the Secretary of State has given notification that such facilities exist at the place where the detainee is held. This allows applications for extension of detention to be held which give all parties the opportunity to make representations to the judicial authority where appropriate, without the disruption and resource intensive security requirements associated with a physical hearing.