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Version status: In force | Document consolidation status: Updated to reflect all known changes
Version date: 10 July 2012 - onwards
Version 2 of 2

22. Post-charge questioning: England and Wales

(1) The following provisions apply in England and Wales.

(2) A judge of the Crown Court may authorise the questioning of a person about an offence -

(a) after the person has been charged with the offence or been officially informed that they may be prosecuted for it, or

(b) after the person has been sent for trial for the offence,

if the offence is a terrorism offence or it appears to the judge that the offence has a terrorist connection.

(3) The judge -

(a) must specify the period during which questioning is authorised, and

(b) may impose such conditions as appear to be necessary in the interests of justice, which may include conditions as to the place where the questioning is to be carried out.

(4) The period during which questioning is authorised -

(a) begins when questioning pursuant to the authorisation begins and runs continuously from that time (whether or not questioning continues), and

(b) must not exceed 48 hours.

This is without prejudice to any application for a further authorisation under this section.

(5) Where the person is in prison or otherwise lawfully detained, the judge may authorise the person's removal to another place and detention there for the purpose of being questioned.