Part 1: Espionage, sabotage and persons acting for foreign powers Powers of search etc. Schedule 6: Detention under Section 27 Part 2: Rights of persons detained under section 28: England, Wales and Northern Ireland
Paragraph 6 indicates that upon arrest, a person has the right to have one named person (such as a friend or relative) informed of their detention and the police must inform them of this right. If the detained person requests to do so, the named person must be informed by police as soon as is reasonably practicable. If the detainee is moved to another place of detention, they are able to exercise this right again to have a named person informed of this.
	Paragraph 7 makes clear that the person detained must be informed on first being detained that they have the right to consult a solicitor as soon as is practicable, in private and at any time. If a request is made by the detainee, the time of the request must be recorded by police. After the person detained has made a request to consult a solicitor, or whilst they are in consultation with their solicitor, paragraph 8 indicates that a senior police officer may direct that they may not consult the chosen solicitor or must cease consultation. The officer can only do so if they have reasonable grounds to believe that any of the consequences of paragraph 8(4) will apply which include that there will be interference with or harm to evidence of an indictable offence or interference with gathering of information about a person’s involvement in foreign power threat activity. In addition, the officer may also direct that the person detained may not consult the chosen solicitor or must cease consultation if they have reasonable grounds for believing that the person has benefitted from their criminal conduct, as defined in Part 2 of the Proceeds of Crime Act 2002 and the arrestee’s consultation with the solicitor may hinder the police’s ability to recover the value of the property (paragraph 8(3)(b)).
	Paragraph 9 permits a senior police officer to authorise a delay in informing the named person of the arrestee’s detention or in permitting the detainee to consult a solicitor if the officer has reasonable grounds for believing that any of the consequences of paragraph 8(4) will apply, or if the officer believes that the arrestee has benefitted from their conduct and unless a delay is authorised, the recovery of the property will be hindered. The authorisation must be recorded in writing and the detained person must be told of the reason for it.
	Paragraphs 10-14 deal with the taking of fingerprints and samples when an arrestee is detained under these provisions. Paragraph 10 provides that fingerprints and a non-intimate sample (such as saliva) may be taken with the consent of the detained person. If the detained person does not consent, fingerprints or a non-intimate sample can be taken if a senior police officer authorises that the samples can be taken, or if it is known that the person has previously been convicted of a recordable offence. An intimate sample may only be taken with appropriate consent from the detained person and if authorised by a senior police officer. A senior police officer can only authorise the taking of fingerprints or samples if they reasonably suspect that the detained person has been involved in foreign power threat activity and they reasonably believe that the collection of the sample will confirm or disprove the person’s involvement (paragraph 10(6)). The police officer can also authorise that fingerprints are taken without consent if the officer is satisfied that the fingerprints will help determine the person’s identity either because the person has refused to identify themselves or the officer has reasonable grounds to suspect that the person is not who they claim to be (paragraph 10(7)).
	Paragraph 11 states that before fingerprints or a sample are taken, the detained person must be informed that the relevant authorisations have been given and the grounds for doing so, as well as the nature of the offence or conduct that they are suspected of being involved in. These facts must be recorded by police as soon as reasonably practicable.
	If two or more non-intimate samples are taken from the detained person which prove insufficient and the detainee has already been released, an intimate sample may be taken from the person if they provide consent in writing, and a senior police officer authorises the sample to be taken (Paragraph 12). Paragraph 13 indicates that if the person does not consent without good cause, in any subsequent proceedings, the court may draw such inferences they deem proper due to this refusal. A sample may be deemed insufficient as if it is damaged, contaminated, or the use of the whole or part of the sample for an analysis produced no results, or unreliable results.