Code H: Code of Practice in Connection with the Detention, Treatment and Questioning by Police Officers of Persons under Section 41 of, and Schedule 8 to, the Terrorism Act 2000

Code H governs the detention, treatment, and questioning of persons arrested under section 41 of the Terrorism Act 2000. It operates alongside Code C but modifies or replaces a number of its provisions to reflect the particular circumstances of terrorism investigations and the extended detention powers available under Schedule 8 to the Terrorism Act 2000. A person detained under section 41 can initially be held for up to 48 hours without charge, with extensions of up to a further 12 days available on application to a judicial authority, bringing the maximum pre-charge detention period to 14 days. The code contains special provisions for the delay of rights and for interviewing in terrorism cases.

Key Sections

1 General: Explains the relationship between Code H and Code C. Code H replaces Code C entirely for persons detained under section 41 of the Terrorism Act 2000: Code C does not apply to terrorism detainees. Code H mirrors many Code C provisions but modifies them for the terrorism detention context.

3 Initial action: The terrorism custody officer must carry out a risk assessment and ensure the detainee is informed of their rights. Initial detention is for up to 48 hours, with reviews by a superintendent after 24 hours. Further extensions require applications to a judicial authority (a designated District Judge under Schedule 8).

5 Right to have someone informed of detention: The right to notify a person of arrest may be delayed by a superintendent for up to 48 hours where there are reasonable grounds to believe that doing so would interfere with the investigation, alert others involved in terrorism, or hinder the recovery of property. This threshold is higher than under Code C.

6 Right to legal advice: Terrorism detainees have the right to consult a solicitor privately and in person, but this right may be delayed for up to 48 hours by a superintendent on the same grounds as notification. Where the right to legal advice is delayed, the detainee may nonetheless consult any solicitor who is not their chosen adviser.

8 Conditions of detention: Mirrors Code C provisions on cell conditions but includes additional requirements for the regular review of terrorism detention. Reviews must be carried out by a superintendent at intervals not exceeding 12 hours during the first 48 hours and thereafter at intervals specified by the court.

12 Interviews: Interview procedures for terrorism suspects broadly follow Code C but interviews may be conducted at any time during the extended detention period. The code contains specific provisions about interviewing in connection with terrorism offences and about the consequences of exercising the right to silence in terrorism investigations.

14 Reviews of detention: Terrorism detention reviews operate under a separate statutory framework. The first review must take place as soon as reasonably practicable after arrest, with subsequent reviews at intervals of not more than 12 hours. After 48 hours, continued detention requires a warrant of further detention from a judicial authority (a District Judge designated by the Lord Chief Justice under Schedule 8 to the Terrorism Act 2000), with subsequent extensions at specified intervals up to the 14-day maximum.