43 Warrants of further detention
43 Warrants of further detention

(1)     Where, on an application on oath made by a constable and supported by an information, a magistrates' court is satisfied that there are reasonable grounds for believing that the further detention of the person to whom the application relates is justified, it may issue a warrant of further detention authorising the keeping of that person in police detention.

(2)     A court may not hear an application for a warrant of further detention unless the person to whom the application relates—

(a)     has been furnished with a copy of the information; and

(b)     has been brought before the court for the hearing.

(3)     The person to whom the application relates shall be entitled to be legally represented at the hearing and, if he is not so represented but wishes to be so represented—

(a)     the court shall adjourn the hearing to enable him to obtain representation; and

(b)     he may be kept in police detention during the adjournment.

(4)     A person's further detention is only justified for the purposes of this section or section 44 below if—

(a)     his detention without charge is necessary to secure or preserve evidence relating to an offence for which he is under arrest or to obtain such evidence by questioning him;

(b)     an offence for which he is under arrest is [an indictable offence]; and

(c)     the investigation is being conducted diligently and expeditiously.

(5)     Subject to subsection (7) below, an application for a warrant of further detention may be made—