Part VCounter-terrorist Powers
Suspected terrorists
41Arrest without warrant
1
A constable may arrest without a warrant a person whom he reasonably suspects to be a terrorist.
2
Where a person is arrested under this section the provisions of Schedule 8 (detention: treatment, review and extension) shall apply.
3
Subject to subsections (4) to (7), a person detained under this section shall (unless detained under any other power) be released not later than the end of the period of 48 hours beginning—
a
with the time of his arrest under this section, or
b
if he was being detained under Schedule 7 when he was arrested under this section, with the time when his examination under that Schedule began.
4
If on a review of a person’s detention under Part II of Schedule 8 the review officer does not authorise continued detention, the person shall (unless detained in accordance with subsection (5) or (6) or under any other power) be released.
5
Where a police officer intends to make an application for a warrant under paragraph 29 of Schedule 8 extending a person’s detention, the person may be detained pending the making of the application.
6
Where an application has been made under paragraph 29 or 36 of Schedule 8 in respect of a person’s detention, he may be detained pending the conclusion of proceedings on the application.
7
Where an application under paragraph 29 or 36 of Schedule 8 is granted in respect of a person’s detention, he may be detained, subject to paragraph 37 of that Schedule, during the period specified in the warrant.
8
The refusal of an application in respect of a person’s detention under paragraph 29 or 36 of Schedule 8 shall not prevent his continued detention in accordance with this section.
9
A person who has the powers of a constable in one Part of the United Kingdom may exercise the power under subsection (1) in any Part of the United Kingdom.