Part 1: Counter-terrorism Chapter 3: Counter-terrorism powers Section 18: Detention of terrorist suspects: hospital treatment
Under section 41 of the 2000 Act, a constable may arrest without warrant a person whom he or she reasonably suspects to be a terrorist. A terrorist is defined, in section 40(1), as a person who has committed certain offences under the 2000 Act, or a person who is, or has been, concerned in the commission, preparation or instigation of acts of terrorism. Where a person is arrested under section 41, the provisions of Schedule 8 to the 2008 Act apply. That Schedule makes provision in respect of the treatment of detained persons and the review and extension of their detention. Schedule 8 also contains provisions applicable to persons detained at ports or in the border area under Schedule 7 to the 2000 Act for the purpose of determining whether they appear to be someone who is or has been concerned in the commission, preparation or instigation of acts of terrorism.
	Paragraph 36(3)(b)(ii) of Schedule 8 to the 2000 Act provides that the maximum period for which a terrorist suspect may be detained without charge is 14 days from the time of arrest (or, in the case of a person arrested under section 41 following a Schedule 7 examination, from the time the examination begun). Subsection (2) amends section 41 of the 2000 Act to give effect to a recommendation made by Lord Anderson, then Independent Reviewer of Terrorism Legislation, that the law -
	"be changed so as to allow the detention clock to be suspended in the case of detainees who are admitted to hospital. The rule should reflect PACE Code C para 144 by stating that a person in police detention at a hospital may not be questioned without the agreement of a responsible doctor. If questioning takes place at a hospital, or on the way to or from a hospital, the period of questioning concerned should count towards the total period of detention permitted. Otherwise, the period of detention should be suspended until questioning takes place or until the person arrives back at the police station, whichever is the sooner."5
	New section 41(8A) of the 2000 Act reflects the existing provision in section 41(6) of the Police and Criminal Evidence Act 1984 ("PACE") regarding the operation of the detention clock (in England and Wales) in respect of a person detained following arrest for a non-terrorism related offence.
	Subsection (3) amends Schedule 7 to the 2000 Act similarly to provide for the detention clock to be suspended where a person detained for the purpose of an examination under that Schedule is admitted to hospital. Under paragraph 6A of Schedule 7 to the 2000 Act there is a one hour limit on the period during which a person may be examined without being detained and an overall limit of six hours on the period a person may be examined (including any period of detention).