The Act Commentary on Sections Part 4: Counter-terrorism powers Section 57: Maximum detention period of 14 days
230.Schedule 8 to the Terrorism Act 2000 (“the 2000 Act”) makes provision in respect of the treatment of terrorist suspects detained under section 41 of or Schedule 7 to that Act. Paragraph 36(3)(b)(ii) of Schedule 8 provides that the maximum period for which a terrorist suspect may be detained without charge is 28 days from the time of arrest. As originally enacted, Schedule 8 provided for a maximum period of pre-charge detention of seven days. This was increased to 14 days by section 306 of the Criminal Justice Act 2003 (“the 2003 Act”) and then to 28 days by section 23 of the Terrorism Act 2006. However, in increasing the maximum period to 28 days, the Terrorism Act 2006 made this period subject to a ‘sunsetting’ provision. Section 25 of that Act provides that the maximum period of 28 days is subject to renewal by affirmative order for periods up to one year at a time, failing which the maximum period reverts to 14 days. Section 25 operates in such a way that where no order made under subsection (2) is in force, Schedule 8 is modified so as to provide for a maximum period of pre-charge detention of 14 days. The last order made under section 25(2) (The Terrorism Act 2006 (Disapplication of Section 25) Order 2010 (SI 2010/1909)) expired on 24 January 2011. Subsection (1) amends paragraph 36(3)(b)(ii) of Schedule 8 to the 2000 Act so as to make the maximum period of pre-charge detention, as provided for by that Act, 14 days. Subsection (2) repeals section 25 of the Terrorism Act 2006 so as to remove the order-making power contained in that provision and as a result, the ability to revert to a maximum period of pre-charge detention of 28 days through that mechanism.