Citation, commencement and interpretation

1

This Order may be cited as the Terrorism (Interviews) (Scotland) Order 2001 and shall come into force on 19th February 2001.

NOTES
Initial Commencement
Specified date

Specified date: 19 February 2001: see above.

2

2

In this Order—

“the Act” means the Terrorism Act 2000;

“terrorist investigation” has the same meaning as in section 32 of the Act,

and the references to Schedule 7 and section 41 are references to that Schedule to, and that section of, the Act.

NOTES
Initial Commencement
Specified date

Specified date: 19 February 2001: see art 1.

Terrorism97 Criminal Law & Disposition of Offenders97 Offences against the State & the General Public97

Presence of detained person's solicitor at interview

3

Presence of detained person's solicitor at interview3

Where a person detained under Schedule 7 or section 41 at a police station in Scotland has been permitted to consult a solicitor, the solicitor shall, subject to the condition specified in article 4 below, be allowed to be present at any interview carried out in connection with a terrorist investigation or for the purposes of Schedule 7 (port and border controls).

NOTES
Initial Commencement
Specified date

Specified date: 19 February 2001: see art 1.

Specified condition

4

Specified condition4

The condition mentioned in article 3 above is that the solicitor's behaviour during the interview will not interfere with, or obstruct, the conduct of the interview.

NOTES
Initial Commencement
Specified date

Specified date: 19 February 2001: see art 1.

Signature

Jack Straw

One of Her Majesty's Principal Secretaries of State

Home Office

15th February 2001

EXPLANATORY NOTE

EXPLANATORY NOTE (This note is not part of the Order)

This Order provides that where a person detained under Schedule 7 to, or section 41 of, the Terrorism Act 2000 has been permitted to consult a solicitor, his 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 to the Terrorism Act 2000. The Order also specifies the condition subject to which the detained person's solicitor is allowed to be present at the interview.

Terrorism96 Criminal Law & Disposition of Offenders96 Offences against the State & the General Public96