Решение № 1230 Постоянного совета
The following sections shall be inserted after section 2 of the Prevention of Terrorism (Temporary Provisions) Act 1989—
For the purposes of section 27 of the Prevention of Terrorism (Temporary Provisions) Act 1989 (duration etc) sections 2A and 2B of that Act shall be treated as having been continued in force by the order under subsection (6) of section 27 which has effect when this Act is passed.
The following sections shall be inserted after section 30 of the Northern Ireland (Emergency Provisions) Act 1996 —
In section 14(1)(a) of the Prevention of Terrorism (Temporary Provisions) Act 1989 (arrest and detention of persons suspected of certain offences etc) after “above” there shall be inserted “or under section 30 of the Northern Ireland (Emergency Provisions) Act 1996”.
This section applies whether the offence is suspected to have been committed before or on or after the day on which this Act is passed.
This section applies if—
a person is convicted of an offence under section 2 of the Prevention of Terrorism (Temporary Provisions) Act 1989 (membership etc of proscribed organisations), and
at the time of the offence he belonged to an organisation which was then a specified organisation for the purposes of section 2A of that Act.
This section also applies if—
a person is convicted of an offence under section 30 of the Northern Ireland (Emergency Provisions) Act 1996 (membership etc of proscribed organisations), and
at the time of the offence he belonged to an organisation which was then a specified organisation for the purposes of section 30A of that Act.
The court by or before which the person is convicted may order the forfeiture of any money or other property if—
he had it in his possession or under his control at the time of the offence, and
it has been used in furtherance of or in connection with the activities of the specified organisation, or the court believes it may be so used unless forfeited.
If a person other than the convicted person claims to be the owner of or otherwise interested in anything which can be forfeited by an order under this section, before making such an order in respect of it the court must give him an opportunity to be heard.
The standard of proof required to determine any question arising as to whether subsection (1)(b), (2)(b) or (3)(a) or (b) is satisfied shall be that applicable in civil proceedings.
For the purposes of this section property includes property wherever situated and whether real or personal, heritable or moveable, a thing in action or other intangible or incorporeal property.
Schedule 4 to the Prevention of Terrorism (Temporary Provisions) Act 1989 shall apply in relation to orders under subsection (3) above, and in its application by virtue of this subsection—
the references in paragraphs 1(1), 11(1) and 21(1) to section 13(2), (3) or (4) of that Act shall be treated as references to subsection (3) above;
the references in paragraphs 1(1)(d), 11(1)(d) and 21(1)(d) to section 13(6) of that Act shall be treated as references to subsection (4) above.
This section applies where the offence is committed on or after the day on which this Act is passed, and for this purpose an offence committed over a period of more than one day or at some time during a period of more than one day must be taken to be committed on the last of the days in the period.
The following paragraphs apply so far as this section extends to England and Wales and Scotland—
section 27(5) of the Prevention of Terrorism (Temporary Provisions) Act 1989 (duration) shall apply to this section;
for the purposes of section 27 this section shall be treated as having been continued in force by the order under subsection (6) of section 27 which has effect when this Act is passed.
So far as this section extends to Northern Ireland, for the purposes of section 62 of the Northern Ireland (Emergency Provisions) Act 1996 (duration etc) it shall be treated as a temporary provision of that Act.
The following section shall be inserted after section 1 of the Criminal Law Act 1977 (conspiracy)—
At the end of section 4 of that Act (restrictions on the institution of proceedings) there shall be added—
The provision set out in section 5(1) shall be inserted after Article 9 of the Criminal Attempts and Conspiracy (Northern Ireland) Order 1983 (conspiracy) as Article 9A, with the following modifications—
for “this Part of this Act” substitute “this Part”;
for “section 1(1) above” substitute “Article 9(1)”;
for “England and Wales” substitute “Northern Ireland”;
for “subsection (9) below” substitute “paragraph (9)”;
for “subsection (8) above” substitute “paragraph (8)”;
for “section 9(3) of the Criminal Justice Act 1987” substitute “Article 8(3) of the Criminal Justice (Serious Fraud) (Northern Ireland) Order 1988”;
for “this section” substitute “this article”; and
for “subsection (6) above” substitute “paragraph (6)”.
At the end of Article 12 of that Order (restrictions on the institution of proceedings) there shall be added—
The following section shall be inserted after section 11 of the Criminal Procedure (Scotland) Act 1995 (certain offences committed outside Scotland)—
The Secretary of State shall lay before both Houses of Parliament at least once in every 12 months a report on the working of this Act.
Schedule 1 (consequential amendments) shall have effect.
The enactments specified in Schedule 2 are hereby repealed or revoked to the extent specified.
The amendments in Part II of Schedule 1, and the repeals and revocations in Part II of Schedule 2, shall have no effect—
in England and Wales and Northern Ireland, in relation to an agreement entered into before the day on which this Act is passed, or
in Scotland, in relation to an act done before the day on which this Act is passed.
A provision of this Act which amends, repeals or revokes an enactment shall have the same extent as the enactment which it amends, repeals or revokes.
This Act may be cited as the Criminal Justice (Terrorism and Conspiracy) Act 1998.
Section 9(1).
In section 74(2) of the Criminal Justice Act 1988 (property not realisable) the word “or” at the end of paragraph (c) shall be omitted and at the end of paragraph (d) there shall be inserted or.
In Schedule 3 to the Prevention of Terrorism (Temporary Provisions) Act 1989 (supervision of detention and examination powers) in paragraph 3(3)(a)(i) for “(in the case of detention under section 14) or under section 8” there shall be substituted “or under section 30 of the Northern Ireland (Emergency Provisions) Act 1996 (in the case of detention under section 14 of this Act) or under section 8 of this Act”.
In section 6(3) of the Drug Trafficking Act 1994 (property not realisable) after paragraph (e) there shall be inserted—
In section 1 of the Criminal Law Act 1977 (conspiracy) the following shall cease to have effect—
subsections (1A) and (1B),
in subsection (4), the words from “except that” to the end, and
subsections (5) and (6).