Part 1: Espionage, sabotage and persons acting for foreign powers Powers of search etc. Schedule 6: Detention under Section 27 Part 5: Review of detention under section 27
Part 5 provides for the process by which a detained person’s detention must be reviewed by police and the Court. Paragraph 29 provides that a review officer, who must be a police officer of at least the rank of inspector and who has not been directly involved in the investigation, must review a person’s detention as soon as reasonably practicable after arrest, and must continue to carry out subsequent reviews at least every 12 hours, unless a warrant under Part 6 has been issued. Paragraph 30 provides that the review may be postponed in certain circumstances, including if the detainee is being questioned or a review officer is not readily available. Paragraph 31(1) provides for the grounds on which a review officer may authorise continued detention, but only if the investigation or process is being conducted diligently and expeditiously (paragraph 31(2) and (3)). Before making a decision, the review officer must give the detained person or their solicitor the opportunity to make representations about the detention, either orally or in writing. Paragraph 35 outlines that the review officer must inform the detained person of any rights that the person has not yet exercised and any delay in the exercise of rights which has been authorised, as well as reconsidering the reasons for such a delay. Under paragraph 36, the review officer must make a written record of the outcome of the review and inform the detained person.