Communauté de Sécurité, 3/2016
In this Act “terrorism” means the use or threat of action where—
the action falls within subsection (2),
the use or threat is designed to influence the government or to intimidate the public or a section of the public, and
the use or threat is made for the purpose of advancing a political, religious or ideological cause.
Action falls within this subsection if it—
involves serious violence against a person,
involves serious damage to property,
endangers a person’s life, other than that of the person committing the action,
creates a serious risk to the health or safety of the public or a section of the public, or
is designed seriously to interfere with or seriously to disrupt an electronic system.
The use or threat of action falling within subsection (2) which involves the use of firearms or explosives is terrorism whether or not subsection (1)(b) is satisfied.
In this section—
“action” includes action outside the United Kingdom,
a reference to any person or to property is a reference to any person, or to property, wherever situated,
a reference to the public includes a reference to the public of a country other than the United Kingdom, and
“the government” means the government of the United Kingdom, of a Part of the United Kingdom or of a country other than the United Kingdom.
In this Act a reference to action taken for the purposes of terrorism includes a reference to action taken for the benefit of a proscribed organisation.
The following shall cease to have effect—
the Prevention of Terrorism (Temporary Provisions) Act 1989, and
the Northern Ireland (Emergency Provisions) Act 1996.
Schedule 1 (which preserves certain provisions of the 1996 Act, in some cases with amendment, for a transitional period) shall have effect.
For the purposes of this Act an organisation is proscribed if—
it is listed in Schedule 2, or
it operates under the same name as an organisation listed in that Schedule.
Subsection (1)(b) shall not apply in relation to an organisation listed in Schedule 2 if its entry is the subject of a note in that Schedule.
The Secretary of State may by order—
add an organisation to Schedule 2;
remove an organisation from that Schedule;
amend that Schedule in some other way.
The Secretary of State may exercise his power under subsection (3)(a) in respect of an organisation only if he believes that it is concerned in terrorism.
For the purposes of subsection (4) an organisation is concerned in terrorism if it—
commits or participates in acts of terrorism,
prepares for terrorism,
promotes or encourages terrorism, or
is otherwise concerned in terrorism.
An application may be made to the Secretary of State for the exercise of his power under section 3(3)(b) to remove an organisation from Schedule 2.
An application may be made by—
the organisation, or
any person affected by the organisation’s proscription.
The Secretary of State shall make regulations prescribing the procedure for applications under this section.
The regulations shall, in particular—
require the Secretary of State to determine an application within a specified period of time, and
require an application to state the grounds on which it is made.
There shall be a commission, to be known as the Proscribed Organisations Appeal Commission.
Where an application under section 4 has been refused, the applicant may appeal to the Commission.
The Commission shall allow an appeal against a refusal to deproscribe an organisation if it considers that the decision to refuse was flawed when considered in the light of the principles applicable on an application for judicial review.
Where the Commission allows an appeal under this section by or in respect of an organisation, it may make an order under this subsection.
Where an order is made under subsection (4) the Secretary of State shall as soon as is reasonably practicable—
lay before Parliament, in accordance with section 123(4), the draft of an order under section 3(3)(b) removing the organisation from the list in Schedule 2, or
make an order removing the organisation from the list in Schedule 2 in pursuance of section 123(5).
Schedule 3 (constitution of the Commission and procedure) shall have effect.
A party to an appeal under section 5 which the Proscribed Organisations Appeal Commission has determined may bring a further appeal on a question of law to—
the Court of Appeal, if the first appeal was heard in England and Wales,
the Court of Session, if the first appeal was heard in Scotland, or
the Court of Appeal in Northern Ireland, if the first appeal was heard in Northern Ireland.
An appeal under subsection (1) may be brought only with the permission—
of the Commission, or
where the Commission refuses permission, of the court to which the appeal would be brought.
An order under section 5(4) shall not require the Secretary of State to take any action until the final determination or disposal of an appeal under this section (including any appeal to the House of Lords).
This section applies where—
an appeal under section 5 has been allowed in respect of an organisation,
an order has been made under section 3(3)(b) in respect of the organisation in accordance with an order of the Commission under section 5(4) (and, if the order was made in reliance on section 123(5), a resolution has been passed by each House of Parliament under section 123(5)(b)),
a person has been convicted of an offence in respect of the organisation under any of sections 11 to 13, 15 to 19 and 56, and
the activity to which the charge referred took place on or after the date of the refusal to deproscribe against which the appeal under section 5 was brought.
If the person mentioned in subsection (1)(c) was convicted on indictment—
he may appeal against the conviction to the Court of Appeal, and
the Court of Appeal shall allow the appeal.
A person may appeal against a conviction by virtue of subsection (2) whether or not he has already appealed against the conviction.
An appeal by virtue of subsection (2)—
must be brought within the period of 28 days beginning with the date on which the order mentioned in subsection (1)(b) comes into force, and
shall be treated as an appeal under section 1 of the Criminal Appeal Act 1968 (but does not require leave).
If the person mentioned in subsection (1)(c) was convicted by a magistrates' court—
he may appeal against the conviction to the Crown Court, and
the Crown Court shall allow the appeal.
A person may appeal against a conviction by virtue of subsection (5)—
whether or not he pleaded guilty,
whether or not he has already appealed against the conviction, and
whether or not he has made an application in respect of the conviction under section 111 of the Magistrates' Courts Act 1980 (case stated).
An appeal by virtue of subsection (5)—
must be brought within the period of 21 days beginning with the date on which the order mentioned in subsection (1)(b) comes into force, and
shall be treated as an appeal under section 108(1)(b) of the Magistrates' Courts Act 1980.
In section 133(5) of the Criminal Justice Act 1988 (compensation for miscarriage of justice) after paragraph (b) there shall be inserted—or.
In the application of section 7 to Scotland—
for every reference to the Court of Appeal or the Crown Court substitute a reference to the High Court of Justiciary,
in subsection (2)(b), at the end insert “and quash the conviction”,
in subsection (4)—
in paragraph (a), for “28 days” substitute “two weeks”, and
in paragraph (b), for “section 1 of the Criminal Appeal Act 1968” substitute “section 106 of the Criminal Procedure (Scotland) Act 1995”,
in subsection (5)—
for “by a magistrates' court” substitute “in summary proceedings”, and
in paragraph (b), at the end insert “and quash the conviction”,
in subsection (6), paragraph (c) is omitted, and
in subsection (7)—
in paragraph (a) for “21 days” substitute “two weeks”, and
for paragraph (b) substitute—.
In the application of section 7 to Northern Ireland—
the reference in subsection (4) to section 1 of the Criminal Appeal Act 1968 shall be taken as a reference to section 1 of the Criminal Appeal (Northern Ireland) Act 1980,
references in subsection (5) to the Crown Court shall be taken as references to the county court,
the reference in subsection (6) to section 111 of the Magistrates' Courts Act 1980 shall be taken as a reference to Article 146 of the Magistrates' Courts (Northern Ireland) Order 1981, and
the reference in subsection (7) to section 108(1)(b) of the Magistrates' Courts Act 1980 shall be taken as a reference to Article 140(1)(b) of the Magistrates' Courts (Northern Ireland) Order 1981.
This section applies where rules (within the meaning of section 7 of the Human Rights Act 1998 (jurisdiction)) provide for proceedings under section 7(1) of that Act to be brought before the Proscribed Organisations Appeal Commission.
The following provisions of this Act shall apply in relation to proceedings under section 7(1) of that Act as they apply to appeals under section 5 of this Act—
section 5(4) and (5),
section 6,
section 7, and
paragraphs 4 to 8 of Schedule 3.
The Commission shall decide proceedings in accordance with the principles applicable on an application for judicial review.
In the application of the provisions mentioned in subsection (2)—
a reference to the Commission allowing an appeal shall be taken as a reference to the Commission determining that an action of the Secretary of State is incompatible with a Convention right, and
a reference to the refusal to deproscribe against which an appeal was brought shall be taken as a reference to the action of the Secretary of State which is found to be incompatible with a Convention right.
The following shall not be admissible as evidence in proceedings for an offence under any of sections 11 to 13, 15 to 19 and 56—
evidence of anything done in relation to an application to the Secretary of State under section 4,
evidence of anything done in relation to proceedings before the Proscribed Organisations Appeal Commission under section 5 above or section 7(1) of the Human Rights Act 1998,
evidence of anything done in relation to proceedings under section 6 (including that section as applied by section 9(2)), and
any document submitted for the purposes of proceedings mentioned in any of paragraphs (a) to (c).
But subsection (1) does not prevent evidence from being adduced on behalf of the accused.
A person commits an offence if he belongs or professes to belong to a proscribed organisation.
It is a defence for a person charged with an offence under subsection (1) to prove—
that the organisation was not proscribed on the last (or only) occasion on which he became a member or began to profess to be a member, and
that he has not taken part in the activities of the organisation at any time while it was proscribed.
A person guilty of an offence under this section shall be liable—
on conviction on indictment, to imprisonment for a term not exceeding ten years, to a fine or to both, or
on summary conviction, to imprisonment for a term not exceeding six months, to a fine not exceeding the statutory maximum or to both.
In subsection (2) “proscribed” means proscribed for the purposes of any of the following—
this Act;
the Northern Ireland (Emergency Provisions) Act 1996;
the Northern Ireland (Emergency Provisions) Act 1991;
the Prevention of Terrorism (Temporary Provisions) Act 1989;
the Prevention of Terrorism (Temporary Provisions) Act 1984;
the Northern Ireland (Emergency Provisions) Act 1978;
the Prevention of Terrorism (Temporary Provisions) Act 1976;
the Prevention of Terrorism (Temporary Provisions) Act 1974;
the Northern Ireland (Emergency Provisions) Act 1973.
A person commits an offence if—
he invites support for a proscribed organisation, and
the support is not, or is not restricted to, the provision of money or other property (within the meaning of section 15).
A person commits an offence if he arranges, manages or assists in arranging or managing a meeting which he knows is—
to support a proscribed organisation,
to further the activities of a proscribed organisation, or
to be addressed by a person who belongs or professes to belong to a proscribed organisation.
A person commits an offence if he addresses a meeting and the purpose of his address is to encourage support for a proscribed organisation or to further its activities.
Where a person is charged with an offence under subsection (2)(c) in respect of a private meeting it is a defence for him to prove that he had no reasonable cause to believe that the address mentioned in subsection (2)(c) would support a proscribed organisation or further its activities.
In subsections (2) to (4)—
“meeting” means a meeting of three or more persons, whether or not the public are admitted, and
a meeting is private if the public are not admitted.
A person guilty of an offence under this section shall be liable—
on conviction on indictment, to imprisonment for a term not exceeding ten years, to a fine or to both, or
on summary conviction, to imprisonment for a term not exceeding six months, to a fine not exceeding the statutory maximum or to both.
A person in a public place commits an offence if he— in such a way or in such circumstances as to arouse reasonable suspicion that he is a member or supporter of a proscribed organisation.
wears an item of clothing, or
wears, carries or displays an article,
A constable in Scotland may arrest a person without a warrant if he has reasonable grounds to suspect that the person is guilty of an offence under this section.
A person guilty of an offence under this section shall be liable on summary conviction to—
imprisonment for a term not exceeding six months,
a fine not exceeding level 5 on the standard scale, or
both.
In this Act “terrorist property” means—
money or other property which is likely to be used for the purposes of terrorism (including any resources of a proscribed organisation),
proceeds of the commission of acts of terrorism, and
proceeds of acts carried out for the purposes of terrorism.
In subsection (1)—
a reference to proceeds of an act includes a reference to any property which wholly or partly, and directly or indirectly, represents the proceeds of the act (including payments or other rewards in connection with its commission), and
the reference to an organisation’s resources includes a reference to any money or other property which is applied or made available, or is to be applied or made available, for use by the organisation.
A person commits an offence if he—
invites another to provide money or other property, and
intends that it should be used, or has reasonable cause to suspect that it may be used, for the purposes of terrorism.
A person commits an offence if he—
receives money or other property, and
intends that it should be used, or has reasonable cause to suspect that it may be used, for the purposes of terrorism.
A person commits an offence if he—
provides money or other property, and
knows or has reasonable cause to suspect that it will or may be used for the purposes of terrorism.
In this section a reference to the provision of money or other property is a reference to its being given, lent or otherwise made available, whether or not for consideration.
A person commits an offence if he uses money or other property for the purposes of terrorism.
A person commits an offence if he—
possesses money or other property, and
intends that it should be used, or has reasonable cause to suspect that it may be used, for the purposes of terrorism.
A person commits an offence if—
he enters into or becomes concerned in an arrangement as a result of which money or other property is made available or is to be made available to another, and
he knows or has reasonable cause to suspect that it will or may be used for the purposes of terrorism.
A person commits an offence if he enters into or becomes concerned in an arrangement which facilitates the retention or control by or on behalf of another person of terrorist property—
by concealment,
by removal from the jurisdiction,
by transfer to nominees, or
in any other way.
It is a defence for a person charged with an offence under subsection (1) to prove that he did not know and had no reasonable cause to suspect that the arrangement related to terrorist property.
This section applies where a person—
believes or suspects that another person has committed an offence under any of sections 15 to 18, and
bases his belief or suspicion on information which comes to his attention in the course of a trade, profession, business or employment.
The person commits an offence if he does not disclose to a constable as soon as is reasonably practicable—
his belief or suspicion, and
the information on which it is based.
It is a defence for a person charged with an offence under subsection (2) to prove that he had a reasonable excuse for not making the disclosure.
Where— it is a defence for him to prove that he disclosed the matters specified in that subsection in accordance with the procedure.
a person is in employment,
his employer has established a procedure for the making of disclosures of the matters specified in subsection (2), and
he is charged with an offence under that subsection,
Subsection (2) does not require disclosure by a professional legal adviser of—
information which he obtains in privileged circumstances, or
a belief or suspicion based on information which he obtains in privileged circumstances.
For the purpose of subsection (5) information is obtained by an adviser in privileged circumstances if it comes to him, otherwise than with a view to furthering a criminal purpose—
from a client or a client’s representative, in connection with the provision of legal advice by the adviser to the client,
from a person seeking legal advice from the adviser, or from the person’s representative, or
from any person, for the purpose of actual or contemplated legal proceedings.
For the purposes of subsection (1)(a) a person shall be treated as having committed an offence under one of sections 15 to 18 if—
he has taken an action or been in possession of a thing, and
he would have committed an offence under one of those sections if he had been in the United Kingdom at the time when he took the action or was in possession of the thing.
A person guilty of an offence under this section shall be liable—
on conviction on indictment, to imprisonment for a term not exceeding five years, to a fine or to both, or
on summary conviction, to imprisonment for a term not exceeding six months, or to a fine not exceeding the statutory maximum or to both.
A person may disclose to a constable—
a suspicion or belief that any money or other property is terrorist property or is derived from terrorist property;
any matter on which the suspicion or belief is based.
A person may make a disclosure to a constable in the circumstances mentioned in section 19(1) and (2).
Subsections (1) and (2) shall have effect notwithstanding any restriction on the disclosure of information imposed by statute or otherwise.
Where— subsections (1) and (2) shall have effect in relation to that person as if any reference to disclosure to a constable included a reference to disclosure in accordance with the procedure.
a person is in employment, and
his employer has established a procedure for the making of disclosures of the kinds mentioned in subsection (1) and section 19(2),
A person does not commit an offence under any of sections 15 to 18 if he is acting with the express consent of a constable.
Subject to subsections (3) and (4), a person does not commit an offence under any of sections 15 to 18 by involvement in a transaction or arrangement relating to money or other property if he discloses to a constable—
his suspicion or belief that the money or other property is terrorist property, and
the information on which his suspicion or belief is based.
Subsection (2) applies only where a person makes a disclosure—
after he becomes concerned in the transaction concerned,
on his own initiative, and
as soon as is reasonably practicable.
Subsection (2) does not apply to a person if—
a constable forbids him to continue his involvement in the transaction or arrangement to which the disclosure relates, and
he continues his involvement.
It is a defence for a person charged with an offence under any of sections 15(2) and (3) and 16 to 18 to prove that—
he intended to make a disclosure of the kind mentioned in subsections (2) and (3), and
there is reasonable excuse for his failure to do so.
Where— this section shall have effect in relation to that person as if any reference to disclosure to a constable included a reference to disclosure in accordance with the procedure.
a person is in employment, and
his employer has established a procedure for the making of disclosures of the same kind as may be made to a constable under subsection (2),
A reference in this section to a transaction or arrangement relating to money or other property includes a reference to use or possession.
A person guilty of an offence under any of sections 15 to 18 shall be liable—
on conviction on indictment, to imprisonment for a term not exceeding 14 years, to a fine or to both, or
on summary conviction, to imprisonment for a term not exceeding six months, to a fine not exceeding the statutory maximum or to both.
The court by or before which a person is convicted of an offence under any of sections 15 to 18 may make a forfeiture order in accordance with the provisions of this section.
Where a person is convicted of an offence under section 15(1) or (2) or 16 the court may order the forfeiture of any money or other property—
which, at the time of the offence, he had in his possession or under his control, and
which, at that time, he intended should be used, or had reasonable cause to suspect might be used, for the purposes of terrorism.
Where a person is convicted of an offence under section 15(3) the court may order the forfeiture of any money or other property—
which, at the time of the offence, he had in his possession or under his control, and
which, at that time, he knew or had reasonable cause to suspect would or might be used for the purposes of terrorism.
Where a person is convicted of an offence under section 17 the court may order the forfeiture of the money or other property—
to which the arrangement in question related, and
which, at the time of the offence, he knew or had reasonable cause to suspect would or might be used for the purposes of terrorism.
Where a person is convicted of an offence under section 18 the court may order the forfeiture of the money or other property to which the arrangement in question related.
Where a person is convicted of an offence under any of sections 15 to 18, the court may order the forfeiture of any money or other property which wholly or partly, and directly or indirectly, is received by any person as a payment or other reward in connection with the commission of the offence.
Where 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, the court shall give him an opportunity to be heard before making an order.
A court in Scotland shall not make an order under this section except on the application of the prosecutor— and for the purposes of any appeal or review, an order under this section made by a court in Scotland is a sentence.
in proceedings on indictment, when he moves for sentence, and
in summary proceedings, before the court convicts the accused,
Schedule 4 (which makes further provision in relation to forfeiture orders under this section) shall have effect.
In sections 25 to 31 “authorised officer” means any of the following—
a constable,
a customs officer, and
an immigration officer.
In sections 25 to 31 “cash” means—
coins and notes in any currency,
postal orders,
travellers' cheques,
bankers' drafts, and
such other kinds of monetary instrument as the Secretary of State may specify by order.
An authorised officer may seize and detain any cash to which this section applies if he has reasonable grounds for suspecting that—
it is intended to be used for the purposes of terrorism,
it forms the whole or part of the resources of a proscribed organisation, or
it is terrorist property within the meaning given in section 14(1)(b) or (c).
In subsection (1)(b) the reference to an organisation’s resources includes a reference to any cash which is applied or made available, or is to be applied or made available, for use by the organisation.
This section applies to cash which—
is being imported into or exported from the United Kingdom,
is being brought to any place in the United Kingdom for the purpose of being exported from the United Kingdom,
is being brought to Northern Ireland from Great Britain, or to Great Britain from Northern Ireland,
is being brought to any place in Northern Ireland for the purpose of being brought to Great Britain, or
is being brought to any place in Great Britain for the purpose of being brought to Northern Ireland.
Subject to subsection (5), cash seized under this section shall be released not later than the end of the period of 48 hours beginning with the time when it is seized.
Where an order is made under section 26 in relation to cash seized, it may be detained during the period specified in the order.
An authorised officer or the Commissioners of Customs and Excise may apply to a magistrates' court for an order under this section in relation to cash seized under section 25.
An order under this section—
shall authorise the further detention under section 25 of the cash to which it relates for a period specified in the order,
shall specify a period which ends not later than the end of the period of three months beginning with the date of the order, and
shall require notice to be given to the person from whom the cash was seized and to any other person who is affected by and specified in the order.
An application for an order under this section may be granted only if the court is satisfied—
that there are reasonable grounds to suspect that the cash is cash of a kind mentioned in section 25(1)(a), (b) or (c), and
that the continued detention of the cash is justified pending completion of an investigation of its origin or derivation or pending a determination whether to institute criminal proceedings (whether in the United Kingdom or elsewhere) which relate to the cash.
More than one order may be made under this section in relation to particular cash; but cash shall not be detained by virtue of an order under this section after the end of the period of two years beginning with the date when the first order under this section was made in relation to it.
In Scotland, any application under this section shall be made by the procurator fiscal to the sheriff; and in this section a reference to a magistrates' court shall be taken as a reference to the sheriff.
Cash detained under section 25 by virtue of an order under section 26 shall, unless required as evidence of an offence, be held in an interest bearing account; and the interest accruing on the cash shall be added to it on its release or forfeiture.
Any person may apply to a magistrates' court, or in Scotland to the sheriff, for a direction that cash detained under section 25 be released.
A magistrates' court or the sheriff shall grant an application under subsection (2) if satisfied—
that section 26(3)(a) or (b) no longer applies, or
that the detention of the cash is for any other reason no longer justified.
An authorised officer, or in Scotland the procurator fiscal, may release cash detained under section 25 if—
he is satisfied that its detention is no longer justified, and
he has notified the magistrates' court or sheriff who made the order by virtue of which the cash is being detained under section 25.
Cash detained under section 25 shall not be released under this section—
while proceedings on an application for its forfeiture under section 28 have not been concluded, or
while proceedings, whether in the United Kingdom or elsewhere, which relate to the cash have not been concluded.
An authorised officer or the Commissioners of Customs and Excise may apply to a magistrates' court, or in Scotland the procurator fiscal may apply to the sheriff, for an order forfeiting cash being detained under section 25.
A magistrates' court or the sheriff may grant an application only if satisfied on the balance of probabilities that the cash is cash of a kind mentioned in section 25(1)(a), (b) or (c).
Before making an order under this section, a magistrates' court or the sheriff must give an opportunity to be heard to any person—
who is not a party to the proceedings, and
who claims to be the owner of or otherwise interested in any of the cash which can be forfeited under this section.
An order may be made under this section whether or not proceedings are brought against any person for an offence with which the cash is connected.
Proceedings on an application under this section to the sheriff shall be civil proceedings.
Subject to subsection (2), any party to proceedings in which a forfeiture order is made under section 28 may appeal—
where the order is made by a magistrates' court in England and Wales, to the Crown Court,
where the order is made by the sheriff in Scotland, to the Court of Session, or
where the order is made by a magistrates' court in Northern Ireland, to the county court.
An appeal under subsection (1)—
must be brought before the end of the period of 30 days beginning with the date on which the forfeiture order was made, and
may not be brought by the applicant for the forfeiture order.
On an application by the appellant, a magistrates' court or the sheriff may order the release of so much of the cash to which the forfeiture order applies as it considers appropriate to enable him to meet his reasonable legal expenses in connection with the appeal.
An appeal under subsection (1) shall be by way of a rehearing.
If the court allows the appeal, it may order the release of—
the cash to which the forfeiture order applies together with any interest which has accrued, or
where an order has been made under subsection (3), the remaining cash to which the forfeiture order applies together with any interest which has accrued.
Subsection (7) applies where a successful application for a forfeiture order relies (in whole or in part) on the fact that an organisation is proscribed, and—
a deproscription appeal under section 5 is allowed in respect of the organisation,
an order is made under section 3(3)(b) in respect of the organisation in accordance with an order of the Proscribed Organisations Appeal Commission under section 5(4) (and, if the order is made in reliance on section 123(5), a resolution is passed by each House of Parliament under section 123(5)(b)), and
the forfeited cash was seized under section 25 on or after the date of the refusal to deproscribe against which the appeal under section 5 was brought.
Where this subsection applies an appeal under subsection (1) may be brought at any time before the end of the period of 30 days beginning with the date on which the order under section 3(3)(b) comes into force.
Any cash to which a forfeiture order under section 28 applies or accrued interest thereon shall be paid into the Consolidated Fund—
after the end of the period within which an appeal may be brought under section 29(1), or
where an appeal is brought under section 29(1), after the appeal is determined or otherwise disposed of.
Provision may be made by rules of court about the procedure on applications or appeals to any court under sections 26 to 29, and in particular as to—
the giving of notice to persons affected by an application or appeal under those provisions;
the joinder, or in Scotland the sisting, of those persons as parties to the proceedings.
In this Act “terrorist investigation” means an investigation of—
the commission, preparation or instigation of acts of terrorism,
an act which appears to have been done for the purposes of terrorism,
the resources of a proscribed organisation,
the possibility of making an order under section 3(3), or
the commission, preparation or instigation of an offence under this Act.
An area is a cordoned area for the purposes of this Act if it is designated under this section.
A designation may be made only if the person making it considers it expedient for the purposes of a terrorist investigation.
If a designation is made orally, the person making it shall confirm it in writing as soon as is reasonably practicable.
The person making a designation shall arrange for the demarcation of the cordoned area, so far as is reasonably practicable—
by means of tape marked with the word “police”, or
in such other manner as a constable considers appropriate.
Subject to subsection (2), a designation under section 33 may only be made—
where the area is outside Northern Ireland and is wholly or partly within a police area, by an officer for the police area who is of at least the rank of superintendent, and
where the area is in Northern Ireland, by a member of the Royal Ulster Constabulary who is of at least the rank of superintendent.
A constable who is not of the rank required by subsection (1) may make a designation if he considers it necessary by reason of urgency.
Where a constable makes a designation in reliance on subsection (2) he shall as soon as is reasonably practicable—
make a written record of the time at which the designation was made, and
ensure that a police officer of at least the rank of superintendent is informed.
An officer who is informed of a designation in accordance with subsection (3)(b)—
shall confirm the designation or cancel it with effect from such time as he may direct, and
shall, if he cancels the designation, make a written record of the cancellation and the reason for it.
A designation under section 33 has effect, subject to subsections (2) to (5), during the period—
beginning at the time when it is made, and
ending with a date or at a time specified in the designation.
The date or time specified under subsection (1)(b) must not occur after the end of the period of 14 days beginning with the day on which the designation is made.
The period during which a designation has effect may be extended in writing from time to time by—
the person who made it, or
a person who could have made it (otherwise than by virtue of section 34(2)).
An extension shall specify the additional period during which the designation is to have effect.
A designation shall not have effect after the end of the period of 28 days beginning with the day on which it is made.
A constable in uniform may—
order a person in a cordoned area to leave it immediately;
order a person immediately to leave premises which are wholly or partly in or adjacent to a cordoned area;
order the driver or person in charge of a vehicle in a cordoned area to move it from the area immediately;
arrange for the removal of a vehicle from a cordoned area;
arrange for the movement of a vehicle within a cordoned area;
prohibit or restrict access to a cordoned area by pedestrians or vehicles.
A person commits an offence if he fails to comply with an order, prohibition or restriction imposed by virtue of subsection (1).
It is a defence for a person charged with an offence under subsection (2) to prove that he had a reasonable excuse for his failure.
A person guilty of an offence under subsection (2) shall be liable on summary conviction to—
imprisonment for a term not exceeding three months,
a fine not exceeding level 4 on the standard scale, or
both.
Schedule 5 (power to obtain information, &c.) shall have effect.
Schedule 6 (financial information) shall have effect.
Subsection (2) applies where a person knows or has reasonable cause to suspect that a constable is conducting or proposes to conduct a terrorist investigation.
The person commits an offence if he—
discloses to another anything which is likely to prejudice the investigation, or
interferes with material which is likely to be relevant to the investigation.
Subsection (4) applies where a person knows or has reasonable cause to suspect that a disclosure has been or will be made under any of sections 19 to 21.
The person commits an offence if he—
discloses to another anything which is likely to prejudice an investigation resulting from the disclosure under that section, or
interferes with material which is likely to be relevant to an investigation resulting from the disclosure under that section.
It is a defence for a person charged with an offence under subsection (2) or (4) to prove—
that he did not know and had no reasonable cause to suspect that the disclosure or interference was likely to affect a terrorist investigation, or
that he had a reasonable excuse for the disclosure or interference.
Subsections (2) and (4) do not apply to a disclosure which is made by a professional legal adviser—
to his client or to his client’s representative in connection with the provision of legal advice by the adviser to the client and not with a view to furthering a criminal purpose, or
to any person for the purpose of actual or contemplated legal proceedings and not with a view to furthering a criminal purpose.
A person guilty of an offence under this section shall be liable—
on conviction on indictment, to imprisonment for a term not exceeding five years, to a fine or to both, or
on summary conviction, to imprisonment for a term not exceeding six months, to a fine not exceeding the statutory maximum or to both.
For the purposes of this section—
a reference to conducting a terrorist investigation includes a reference to taking part in the conduct of, or assisting, a terrorist investigation, and
a person interferes with material if he falsifies it, conceals it, destroys it or disposes of it, or if he causes or permits another to do any of those things.
In this Part “terrorist” means a person who—
has committed an offence under any of sections 11, 12, 15 to 18, 54 and 56 to 63, or
is or has been concerned in the commission, preparation or instigation of acts of terrorism.
The reference in subsection (1)(b) to a person who has been concerned in the commission, preparation or instigation of acts of terrorism includes a reference to a person who has been, whether before or after the passing of this Act, concerned in the commission, preparation or instigation of acts of terrorism within the meaning given by section 1.
A constable may arrest without a warrant a person whom he reasonably suspects to be a terrorist.
Where a person is arrested under this section the provisions of Schedule 8 (detention: treatment, review and extension) shall apply.
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—
with the time of his arrest under this section, or
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.
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.
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.
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.
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.
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.
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.
A justice of the peace may on the application of a constable issue a warrant in relation to specified premises if he is satisfied that there are reasonable grounds for suspecting that a person whom the constable reasonably suspects to be a person falling within section 40(1)(b) is to be found there.
A warrant under this section shall authorise any constable to enter and search the specified premises for the purpose of arresting the person referred to in subsection (1) under section 41.
In the application of subsection (1) to Scotland—
“justice of the peace” includes the sheriff, and
the justice of the peace or sheriff can be satisfied as mentioned in that subsection only by having heard evidence on oath.
A constable may stop and search a person whom he reasonably suspects to be a terrorist to discover whether he has in his possession anything which may constitute evidence that he is a terrorist.
A constable may search a person arrested under section 41 to discover whether he has in his possession anything which may constitute evidence that he is a terrorist.
A search of a person under this section must be carried out by someone of the same sex.
A constable may seize and retain anything which he discovers in the course of a search of a person under subsection (1) or (2) and which he reasonably suspects may constitute evidence that the person is a terrorist.
A person who has the powers of a constable in one Part of the United Kingdom may exercise a power under this section in any Part of the United Kingdom.
An authorisation under this subsection authorises any constable in uniform to stop a vehicle in an area or at a place specified in the authorisation and to search—
the vehicle;
the driver of the vehicle;
a passenger in the vehicle;
anything in or on the vehicle or carried by the driver or a passenger.
An authorisation under this subsection authorises any constable in uniform to stop a pedestrian in an area or at a place specified in the authorisation and to search—
the pedestrian;
anything carried by him.
An authorisation under subsection (1) or (2) may be given only if the person giving it considers it expedient for the prevention of acts of terrorism.
An authorisation may be given—
where the specified area or place is the whole or part of a police area outside Northern Ireland other than one mentioned in paragraph (b) or (c), by a police officer for the area who is of at least the rank of assistant chief constable;
where the specified area or place is the whole or part of the metropolitan police district, by a police officer for the district who is of at least the rank of commander of the metropolitan police;
where the specified area or place is the whole or part of the City of London, by a police officer for the City who is of at least the rank of commander in the City of London police force;
where the specified area or place is the whole or part of Northern Ireland, by a member of the Royal Ulster Constabulary who is of at least the rank of assistant chief constable.
If an authorisation is given orally, the person giving it shall confirm it in writing as soon as is reasonably practicable.
The power conferred by an authorisation under section 44(1) or (2)—
may be exercised only for the purpose of searching for articles of a kind which could be used in connection with terrorism, and
may be exercised whether or not the constable has grounds for suspecting the presence of articles of that kind.
A constable may seize and retain an article which he discovers in the course of a search by virtue of section 44(1) or (2) and which he reasonably suspects is intended to be used in connection with terrorism.
A constable exercising the power conferred by an authorisation may not require a person to remove any clothing in public except for headgear, footwear, an outer coat, a jacket or gloves.
Where a constable proposes to search a person or vehicle by virtue of section 44(1) or (2) he may detain the person or vehicle for such time as is reasonably required to permit the search to be carried out at or near the place where the person or vehicle is stopped.
Where— the written statement shall be provided.
a vehicle or pedestrian is stopped by virtue of section 44(1) or (2), and
the driver of the vehicle or the pedestrian applies for a written statement that the vehicle was stopped, or that he was stopped, by virtue of section 44(1) or (2),
An application under subsection (5) must be made within the period of 12 months beginning with the date on which the vehicle or pedestrian was stopped.
An authorisation under section 44 has effect, subject to subsections (2) to (7), during the period—
beginning at the time when the authorisation is given, and
ending with a date or at a time specified in the authorisation.
The date or time specified under subsection (1)(b) must not occur after the end of the period of 28 days beginning with the day on which the authorisation is given.
The person who gives an authorisation shall inform the Secretary of State as soon as is reasonably practicable.
If an authorisation is not confirmed by the Secretary of State before the end of the period of 48 hours beginning with the time when it is given—
it shall cease to have effect at the end of that period, but
its ceasing to have effect shall not affect the lawfulness of anything done in reliance on it before the end of that period.
Where the Secretary of State confirms an authorisation he may substitute an earlier date or time for the date or time specified under subsection (1)(b).
The Secretary of State may cancel an authorisation with effect from a specified time.
An authorisation may be renewed in writing by the person who gave it or by a person who could have given it; and subsections (1) to (6) shall apply as if a new authorisation were given on each occasion on which the authorisation is renewed.
A person commits an offence if he—
fails to stop a vehicle when required to do so by a constable in the exercise of the power conferred by an authorisation under section 44(1);
fails to stop when required to do so by a constable in the exercise of the power conferred by an authorisation under section 44(2);
wilfully obstructs a constable in the exercise of the power conferred by an authorisation under section 44(1) or (2).
A person guilty of an offence under this section shall be liable on summary conviction to—
imprisonment for a term not exceeding six months,
a fine not exceeding level 5 on the standard scale, or
both.
An authorisation under this section authorises any constable in uniform to prohibit or restrict the parking of vehicles on a road specified in the authorisation.
An authorisation may be given only if the person giving it considers it expedient for the prevention of acts of terrorism.
An authorisation may be given—
where the road specified is outside Northern Ireland and is wholly or partly within a police area other than one mentioned in paragraphs (b) or (c), by a police officer for the area who is of at least the rank of assistant chief constable;
where the road specified is wholly or partly in the metropolitan police district, by a police officer for the district who is of at least the rank of commander of the metropolitan police;
where the road specified is wholly or partly in the City of London, by a police officer for the City who is of at least the rank of commander in the City of London police force;
where the road specified is in Northern Ireland, by a member of the Royal Ulster Constabulary who is of at least the rank of assistant chief constable.
If an authorisation is given orally, the person giving it shall confirm it in writing as soon as is reasonably practicable.
The power conferred by an authorisation under section 48 shall be exercised by placing a traffic sign on the road concerned.
A constable exercising the power conferred by an authorisation under section 48 may suspend a parking place.
Where a parking place is suspended under subsection (2), the suspension shall be treated as a restriction imposed by virtue of section 48—
for the purposes of section 99 of the Road Traffic Regulation Act 1984 (removal of vehicles illegally parked, &c.) and of any regulations in force under that section, and
for the purposes of Articles 47 and 48 of the Road Traffic Regulation (Northern Ireland) Order 1997 (in relation to Northern Ireland).
An authorisation under section 48 has effect, subject to subsections (2) and (3), during the period specified in the authorisation.
The period specified shall not exceed 28 days.
An authorisation may be renewed in writing by the person who gave it or by a person who could have given it; and subsections (1) and (2) shall apply as if a new authorisation were given on each occasion on which the authorisation is renewed.
A person commits an offence if he parks a vehicle in contravention of a prohibition or restriction imposed by virtue of section 48.
A person commits an offence if—
he is the driver or other person in charge of a vehicle which has been permitted to remain at rest in contravention of any prohibition or restriction imposed by virtue of section 48, and
he fails to move the vehicle when ordered to do so by a constable in uniform.
It is a defence for a person charged with an offence under this section to prove that he had a reasonable excuse for the act or omission in question.
Possession of a current disabled person’s badge shall not itself constitute a reasonable excuse for the purposes of subsection (3).
A person guilty of an offence under subsection (1) shall be liable on summary conviction to a fine not exceeding level 4 on the standard scale.
A person guilty of an offence under subsection (2) shall be liable on summary conviction to—
imprisonment for a term not exceeding three months,
a fine not exceeding level 4 on the standard scale, or
both.
In sections 48 to 51—
any other provision of this Part of this Schedule.
“road closure works” means works executed in connection with the closure or diversion of a road specified in an order under this section (whether executed in pursuance of the order or in pursuance of power under an enactment to close or divert the road).
“police officer” means a member of the Royal Ulster Constabulary or the Royal Ulster Constabulary Reserve.
“forfeited property” means the money or other property to which a forfeiture order applies, and
“prison rules” means rules made under section 13 of the Prison Act (Northern Ireland) 1953,
an Islands restraint order within the meaning given in paragraph 12, 26 or 42, or
“ancillary order” means an order made in connection with a forfeiture, other than the forfeiture order,
an Islands forfeiture order within the meaning given in paragraph 12, 26 or 42, or
an order made under paragraph 5 (“an England and Wales restraint order”), or
Schedule 7 (port and border controls) shall have effect.
The Secretary of State may by order repeal paragraph 16 of Schedule 7.
The powers conferred by Schedule 7 shall be exercisable notwithstanding the rights conferred by section 1 of the Immigration Act 1971 (general principles regulating entry into and staying in the United Kingdom).
A person commits an offence if he provides instruction or training in the making or use of—
firearms,
explosives, or
chemical, biological or nuclear weapons.
A person commits an offence if he receives instruction or training in the making or use of—
firearms,
explosives, or
chemical, biological or nuclear weapons.
A person commits an offence if he invites another to receive instruction or training and the receipt—
would constitute an offence under subsection (2), or
would constitute an offence under subsection (2) but for the fact that it is to take place outside the United Kingdom.
For the purpose of subsections (1) and (3)—
a reference to the provision of instruction includes a reference to making it available either generally or to one or more specific persons, and
an invitation to receive instruction or training may be either general or addressed to one or more specific persons.
It is a defence for a person charged with an offence under this section in relation to instruction or training to prove that his action or involvement was wholly for a purpose other than assisting, preparing for or participating in terrorism.
A person guilty of an offence under this section shall be liable—
on conviction on indictment, to imprisonment for a term not exceeding ten years, to a fine or to both, or
on summary conviction, to imprisonment for a term not exceeding six months, to a fine not exceeding the statutory maximum or to both.
A court by or before which a person is convicted of an offence under this section may order the forfeiture of anything which the court considers to have been in the person’s possession for purposes connected with the offence.
Before making an order under subsection (7) a court must give an opportunity to be heard to any person, other than the convicted person, who claims to be the owner of or otherwise interested in anything which can be forfeited under that subsection.
An order under subsection (7) shall not come into force until there is no further possibility of it being varied, or set aside, on appeal (disregarding any power of a court to grant leave to appeal out of time).
In section 54—
“nuclear weapon” means a weapon which contains nuclear material within the meaning of Article 1(a) and (b) of the Convention on the Physical Protection of Nuclear Material opened for signature at Vienna and New York on 3rd March 1980 (set out in the Schedule to the Nuclear Material (Offences) Act 1983).
A person commits an offence if he directs, at any level, the activities of an organisation which is concerned in the commission of acts of terrorism.
A person guilty of an offence under this section is liable on conviction on indictment to imprisonment for life.
A person commits an offence if he possesses an article in circumstances which give rise to a reasonable suspicion that his possession is for a purpose connected with the commission, preparation or instigation of an act of terrorism.
It is a defence for a person charged with an offence under this section to prove that his possession of the article was not for a purpose connected with the commission, preparation or instigation of an act of terrorism.
In proceedings for an offence under this section, if it is proved that an article— the court may assume that the accused possessed the article, unless he proves that he did not know of its presence on the premises or that he had no control over it.
was on any premises at the same time as the accused, or
was on premises of which the accused was the occupier or which he habitually used otherwise than as a member of the public,
A person guilty of an offence under this section shall be liable—
on conviction on indictment, to imprisonment for a term not exceeding 10 years, to a fine or to both, or
on summary conviction, to imprisonment for a term not exceeding six months, to a fine not exceeding the statutory maximum or to both.
A person commits an offence if—
he collects or makes a record of information of a kind likely to be useful to a person committing or preparing an act of terrorism, or
he possesses a document or record containing information of that kind.
In this section “record” includes a photographic or electronic record.
It is a defence for a person charged with an offence under this section to prove that he had a reasonable excuse for his action or possession.
A person guilty of an offence under this section shall be liable—
on conviction on indictment, to imprisonment for a term not exceeding 10 years, to a fine or to both, or
on summary conviction, to imprisonment for a term not exceeding six months, to a fine not exceeding the statutory maximum or to both.
A court by or before which a person is convicted of an offence under this section may order the forfeiture of any document or record containing information of the kind mentioned in subsection (1)(a).
Before making an order under subsection (5) a court must give an opportunity to be heard to any person, other than the convicted person, who claims to be the owner of or otherwise interested in anything which can be forfeited under that subsection.
An order under subsection (5) shall not come into force until there is no further possibility of it being varied, or set aside, on appeal (disregarding any power of a court to grant leave to appeal out of time).
A person commits an offence if—
he incites another person to commit an act of terrorism wholly or partly outside the United Kingdom, and
the act would, if committed in England and Wales, constitute one of the offences listed in subsection (2).
Those offences are—
murder,
an offence under section 18 of the Offences against the Person Act 1861 (wounding with intent),
an offence under section 23 or 24 of that Act (poison),
an offence under section 28 or 29 of that Act (explosions), and
an offence under section 1(2) of the Criminal Damage Act 1971 (endangering life by damaging property).
A person guilty of an offence under this section shall be liable to any penalty to which he would be liable on conviction of the offence listed in subsection (2) which corresponds to the act which he incites.
For the purposes of subsection (1) it is immaterial whether or not the person incited is in the United Kingdom at the time of the incitement.
Nothing in this section imposes criminal liability on any person acting on behalf of, or holding office under, the Crown.
A person commits an offence if—
he incites another person to commit an act of terrorism wholly or partly outside the United Kingdom, and
the act would, if committed in Northern Ireland, constitute one of the offences listed in subsection (2).
Those offences are—
murder,
an offence under section 18 of the Offences against the Person Act 1861 (wounding with intent),
an offence under section 23 or 24 of that Act (poison),
an offence under section 28 or 29 of that Act (explosions), and
an offence under Article 3(2) of the Criminal Damage (Northern Ireland) Order 1977 (endangering life by damaging property).
A person guilty of an offence under this section shall be liable to any penalty to which he would be liable on conviction of the offence listed in subsection (2) which corresponds to the act which he incites.
For the purposes of subsection (1) it is immaterial whether or not the person incited is in the United Kingdom at the time of the incitement.
Nothing in this section imposes criminal liability on any person acting on behalf of, or holding office under, the Crown.
A person commits an offence if—
he incites another person to commit an act of terrorism wholly or partly outside the United Kingdom, and
the act would, if committed in Scotland, constitute one of the offences listed in subsection (2).
Those offences are—
murder,
assault to severe injury, and
reckless conduct which causes actual injury.
A person guilty of an offence under this section shall be liable to any penalty to which he would be liable on conviction of the offence listed in subsection (2) which corresponds to the act which he incites.
For the purposes of subsection (1) it is immaterial whether or not the person incited is in the United Kingdom at the time of the incitement.
Nothing in this section imposes criminal liability on any person acting on behalf of, or holding office under, the Crown.
If— he shall be guilty of the offence.
a person does anything outside the United Kingdom as an act of terrorism or for the purposes of terrorism, and
his action would have constituted the commission of one of the offences listed in subsection (2) if it had been done in the United Kingdom,
The offences referred to in subsection (1)(b) are—
an offence under section 2, 3 or 5 of the Explosive Substances Act 1883 (causing explosions, &c.),
an offence under section 1 of the Biological Weapons Act 1974 (biological weapons), and
an offence under section 2 of the Chemical Weapons Act 1996 (chemical weapons).
If— he shall be guilty of the offence.
a person does anything outside the United Kingdom, and
his action would have constituted the commission of an offence under any of sections 15 to 18 if it had been done in the United Kingdom,
For the purposes of subsection (1)(b), section 18(1)(b) shall be read as if for “the jurisdiction” there were substituted “a jurisdiction”.
The Extradition Act 1989 shall be amended as follows.
In section 22(2) (international conventions) after paragraph (l) insert—
In section 22(4) (relevant offences) after paragraph (l) insert—
After section 24(4) (suppression of terrorism) insert—
The offences to which an Order in Council under section 2 of the Extradition Act 1870 (arrangements with foreign states) can apply shall include—
offences under the provisions mentioned in sections 62(2) and 63(1)(b),
conspiracy to commit any of those offences, and
attempt to commit any of those offences.
In this Part “scheduled offence” means, subject to any relevant note in Part I or III of Schedule 9, an offence specified in either of those Parts.
Part II of that Schedule shall have effect in respect of offences related to those specified in Part I.
The Secretary of State may by order—
add an offence to Part I or II of Schedule 9;
remove an offence from Part I or II of that Schedule;
amend Part I or II of that Schedule in some other way.
In proceedings before a magistrates' court for a scheduled offence, if the prosecution requests the court to conduct a preliminary inquiry into the offence the court shall grant the request.
In subsection (1) “preliminary inquiry” means a preliminary inquiry under the Magistrates' Courts (Northern Ireland) Order 1981.
Subsection (1)—
shall apply notwithstanding anything in Article 31 of that Order,
shall not apply in respect of an offence where the court considers that in the interests of justice a preliminary investigation should be conducted into the offence under that Order, and
shall not apply in respect of an extra-territorial offence (as defined in section 1(3) of the Criminal Jurisdiction Act 1975)).
Where a person charged with a scheduled offence is also charged with a non-scheduled offence, the non-scheduled offence shall be treated as a scheduled offence for the purposes of this section.
This section applies to a person who—
has attained the age of fourteen, and
is charged with a scheduled offence which is neither being tried summarily nor certified by the Director of Public Prosecutions for Northern Ireland as suitable for summary trial.
Subject to subsections (6) and (7), a person to whom this section applies shall not be admitted to bail except—
by a judge of the High Court or the Court of Appeal, or
by the judge of the court of trial on adjourning the trial of a person charged with a scheduled offence.
A judge may, in his discretion, admit a person to whom this section applies to bail unless satisfied that there are substantial grounds for believing that the person, if released on bail (whether subject to conditions or not), would—
fail to surrender to custody,
commit an offence while on bail,
interfere with a witness,
otherwise obstruct or attempt to obstruct the course of justice, whether in relation to himself or another person, or
fail to comply with conditions of release (if any).
In exercising his discretion in relation to a person under subsection (3) a judge shall have regard to such of the following considerations as he considers relevant (as well as to any others which he considers relevant)—
the nature and seriousness of the offence with which the person is charged,
the character, antecedents, associations and community ties of the person,
the time which the person has already spent in custody and the time which he is likely to spend in custody if he is not admitted to bail, and
the strength of the evidence of his having committed the offence.
Without prejudice to any other power to impose conditions on admission to bail, a judge admitting a person to bail under this section may impose such conditions as he considers—
likely to result in the person’s appearance at the time and place required, or
necessary in the interests of justice or for the prevention of crime.
Subsection (7) applies where a person to whom this section applies is a serving member of—
any of Her Majesty’s forces, or
the Royal Ulster Constabulary or the Royal Ulster Constabulary Reserve.
Where this subsection applies to a person he may be admitted to bail on condition that he is held in military or police custody if the person granting bail is satisfied that suitable arrangements have been made; and—
bail on that condition may be granted by a judge or a resident magistrate, and
it shall be lawful for the person to be held in military or police custody in accordance with the conditions of his bail.
Where it appears to a judge of the High Court or the Court of Appeal— the judge may assign to him a solicitor and counsel, or counsel only, in the application for bail.
that a person charged with a scheduled offence intends to apply to be admitted to bail,
that it is desirable in the interests of justice that he should have legal aid, and
that he has not sufficient means to enable him to obtain that aid,
If on a question of granting a person free legal aid under this section there is a doubt— the doubt shall be resolved in favour of granting him free legal aid.
whether his means are sufficient to enable him to obtain legal aid, or
whether it is desirable in the interests of justice that he should have free legal aid,
Articles 32, 36 and 40 of the Legal Aid, Advice and Assistance (Northern Ireland) Order 1981 (statements, payments, rules and stamp duty) shall apply in relation to legal aid under this section as they apply in relation to legal aid under Part III of that Order as if legal aid under this section were given in pursuance of a criminal aid certificate under Article 29 of that Order.
The period for which a person charged with a scheduled offence may be remanded in custody by a magistrates' court shall be a period of not more than 28 days beginning with the day following that on which he is remanded.
Subsection (1) has effect—
notwithstanding Article 47(2) and (3) of the Magistrates' Courts (Northern Ireland) Order 1981, and
whether or not a person is also charged with a non-scheduled offence.
While a young person charged with a scheduled offence is remanded or committed for trial and not released on bail, he may be held in custody in such prison or other place as may be specified in a direction given by the Secretary of State under this section.
Subsection (1) shall have effect in respect of a person—
notwithstanding the provisions of any enactment, and
whether or not he was remanded or committed for trial at a time when this section was not in force.
The Secretary of State may give a direction under this section in respect of a person if he considers it necessary to make special arrangements as to the place at which the person is to be held in order—
to prevent his escape, or
to ensure his safety or the safety of others.
The Secretary of State may give a direction under this section at any time after the person to whom it relates has been charged.
In this section “young person” means a person who—
has attained the age of fourteen, and
has not attained the age of seventeen.
A direction under section 70 shall cease to have effect at the expiry of the period specified in the direction unless—
it has previously ceased to have effect, or
it is continued in force by a further direction.
The specified period shall not end after the end of the period of two months beginning with the date of the direction.
Where— it shall be lawful for him to continue to be held in custody in that prison or place until arrangements can be made for him to be held in custody in accordance with the law then applicable to his case.
a person is held in custody in a prison or other place by virtue of a direction, and
the direction ceases to have effect (whether or not by reason of the expiry or cesser of section 70),
Nothing in subsection (3) shall be taken as permitting the holding in custody of a person who is entitled to be released from custody.
The Secretary of State may by regulations make provision, in respect of a specified preliminary stage of proceedings for a scheduled offence, as to the maximum period—
to be allowed to the prosecution to complete the stage;
during which the accused may, while awaiting completion of the stage, be in the custody of a magistrates' court or the Crown Court in relation to the offence.
The regulations may, in particular—
provide for a specified law about bail to apply in relation to cases to which custody or overall time limits apply (subject to any modifications which the Secretary of State considers it necessary to specify in the regulations);
provide for time limits to cease to have effect in cases where the Attorney General for Northern Ireland certifies after the institution of proceedings that an offence is not to be treated as a scheduled offence;
make such provision with respect to the procedure to be followed in criminal proceedings as the Secretary of State considers appropriate in consequence of another provision of the regulations;
make provision which has effect in relation to a non-scheduled offence where separate counts of an indictment allege a scheduled offence and a non-scheduled offence;
enable the Crown Court in specified circumstances to extend or further extend a time limit at any time before it expires.
Subject to subsection (4), where an overall time limit expires before the completion of the stage of proceedings to which the limit applies, the accused shall be treated for all purposes as having been acquitted of the offence to which the proceedings relate.
Regulations under this section which provide for a custody time limit in relation to a preliminary stage shall have no effect where—
a person escapes from the custody of a magistrates' court or the Crown Court before the expiry of the custody time limit,
a person who has been released on bail in consequence of the expiry of a custody time limit fails to surrender himself into the custody of the court at the appointed time, or
a person who has been released on bail in consequence of the expiry of a custody time limit is arrested by a constable in connection with a breach or apprehended breach of a condition of his bail.
If a person escapes from the custody of a magistrates' court or the Crown Court, the overall time limit which applies to the stage which proceedings relating to the person have reached at the time of the escape shall cease to have effect in relation to those proceedings.
If a person who has been released on bail fails to surrender himself into the custody of the court at the appointed time, the overall time limit which applies to the stage which proceedings relating to the person have reached at the time of the failure shall cease to have effect in relation to those proceedings.
Where a person is convicted of an offence, the exercise of power conferred by virtue of section 72(2)(e) in relation to proceedings for the offence shall not be called into question on an appeal against the conviction.
In the application of section 72 in relation to proceedings on indictment, “preliminary stage” does not include a stage—
after the time when the case for the prosecution is opened, or
if the court accepts a plea of guilty before the case for the prosecution is opened, after the plea is accepted.
In the application of section 72 in relation to summary proceedings, “preliminary stage” does not include a stage—
after the court begins to hear evidence for the prosecution at the trial,
if the court accepts a plea of guilty before it has begun to hear evidence for the prosecution, after the plea is accepted, or
after the court begins to consider whether to exercise its power under Article 44(4) of the Mental Health (Northern Ireland) Order 1986 (power to make hospital order without conviction).
In this section and section 72—
“an Islands order” means an order made in any of the Islands under a provision of the law of that Island corresponding to—
“restraint order” means—
“young offenders centre” has the meaning assigned to it by section 2(a) of the Treatment of Offenders Act (Northern Ireland) 1968.
an order made under paragraph 33 (“a Northern Ireland restraint order”), or
“forfeited property” means the money or other property to which a forfeiture order applies.
“road closure equipment” means any apparatus, equipment or other thing used in pursuance of an order under this section in connection with the closure or diversion of a road, and
any rule of law relating to bail, and
For the purposes of the application of a custody time limit in relation to a person who is in the custody of a magistrates' court or the Crown Court—
all periods during which he is in the custody of a magistrates' court in respect of the same offence shall be aggregated and treated as a single continuous period; and
all periods during which he is in the custody of the Crown Court in respect of the same offence shall be aggregated and treated as a single continuous period.
A trial on indictment of a scheduled offence shall be held only at the Crown Court sitting in Belfast, unless—
the Lord Chancellor after consultation with the Lord Chief Justice of Northern Ireland directs that the trial, or a class of trials within which it falls, shall be held at the Crown Court sitting elsewhere, or
the Lord Chief Justice of Northern Ireland directs that the trial, or part of it, shall be held at the Crown Court sitting elsewhere.
A person committed for trial for a scheduled offence, or for two or more offences at least one of which is a scheduled offence, shall be committed— and section 48 of the Judicature (Northern Ireland) Act 1978 (committal for trial on indictment) shall have effect accordingly.
to the Crown Court sitting in Belfast, or
where a direction has been given under subsection (1) which concerns the trial, to the Crown Court sitting at the place specified in the direction;
Where— the person shall be treated as having been committed for trial to the Crown Court sitting at the place specified in the direction.
a person is committed for trial to the Crown Court sitting in Belfast in accordance with subsection (2), and
a direction is subsequently given under subsection (1), before the commencement of the trial, altering the place of trial,
A trial on indictment of a scheduled offence shall be conducted by the court without a jury.
The court trying a scheduled offence on indictment under this section shall have all the powers, authorities and jurisdiction which the court would have had if it had been sitting with a jury (including power to determine any question and to make any finding which would, apart from this section, be required to be determined or made by a jury).
A reference in an enactment to a jury, the verdict of a jury or the finding of a jury shall, in relation to a trial under this section, be construed as a reference to the court, the verdict of the court or the finding of the court.
Where separate counts of an indictment allege a scheduled offence and a non-scheduled offence, the trial on indictment shall be conducted as if all the offences alleged in the indictment were scheduled offences.
Subsection (4) is without prejudice to section 5 of the Indictments Act (Northern Ireland) 1945 (orders for amendment of indictment, separate trial and postponement of trial).
Without prejudice to subsection (2), where the court trying a scheduled offence on indictment— the court may convict him of the non-scheduled offence.
is not satisfied that the accused is guilty of the offence, but
is satisfied that he is guilty of a non-scheduled offence of which a jury could have found him guilty on a trial for the scheduled offence,
Where the court trying a scheduled offence convicts the accused of that or some other offence, it shall give a judgment stating the reasons for the conviction at or as soon as is reasonably practicable after the time of conviction.
A person convicted of an offence on a trial under this section without a jury may, notwithstanding anything in sections 1 and 10(1) of the Criminal Appeal (Northern Ireland) Act 1980, appeal to the Court of Appeal under Part I of that Act—
against his conviction, on any ground, without the leave of the Court of Appeal or a certificate of the judge of the court of trial;
against sentence passed on conviction, without that leave, unless the sentence is fixed by law.
Where a person is convicted of an offence on a trial under this section, the time for giving notice of appeal under section 16(1) of that Act shall run from the date of judgment if later than the date from which it would run under that subsection.
This section applies to a trial on indictment for—
a scheduled offence, or
two or more offences at least one of which is a scheduled offence.
A statement made by the accused may be given in evidence by the prosecution in so far as—
it is relevant to a matter in issue in the proceedings, and
it is not excluded or inadmissible (whether by virtue of subsections (3) to (5) or otherwise).
Subsections (4) and (5) apply if in proceedings to which this section applies—
the prosecution gives or proposes to give a statement made by the accused in evidence,
prima facie evidence is adduced that the accused was subjected to torture, inhuman or degrading treatment, violence or the threat of violence in order to induce him to make the statement, and
the prosecution does not satisfy the court that the statement was not obtained in the manner mentioned in paragraph (b).
If the statement has not yet been given in evidence, the court shall—
exclude the statement, or
direct that the trial be restarted before a differently constituted court (before which the statement shall be inadmissible).
If the statement has been given in evidence, the court shall—
disregard it, or
direct that the trial be restarted before a differently constituted court (before which the statement shall be inadmissible).
This section is without prejudice to any discretion of a court to— where the court considers it appropriate in order to avoid unfairness to the accused or otherwise in the interests of justice.
exclude or ignore a statement, or
direct a trial to be restarted,
This section applies to a trial on indictment for a scheduled offence where the accused is charged with possessing an article in such circumstances as to constitute an offence under any of the enactments listed in subsection (3).
If it is proved that the article— the court may assume that the accused possessed (and, if relevant, knowingly possessed) the article, unless he proves that he did not know of its presence on the premises or that he had no control over it.
was on any premises at the same time as the accused, or
was on premises of which the accused was the occupier or which he habitually used otherwise than as a member of the public,
The following are the offences mentioned in subsection (1)—
This section applies where a child is convicted on indictment of a scheduled offence committed while this section is in force.
Article 45(2) of the Criminal Justice (Children) (Northern Ireland) Order 1998 (punishment for serious offence) shall have effect with the substitution for the words “14 years” of the words “five years”.
In this section “child” means a person who has not attained the age of 17.
The remission granted under prison rules in respect of a sentence of imprisonment passed in Northern Ireland for a scheduled offence shall not, where it is for a term of five years or more, exceed one-third of the term.
Where a person is sentenced on the same occasion for two or more scheduled offences to terms which are consecutive, subsection (1) shall apply as if those terms were a single term.
Where a person is serving two or more terms which are consecutive but not all subject to subsection (1), the maximum remission granted under prison rules in respect of those terms taken together shall be arrived at by calculating the maximum remission for each term separately and aggregating the result.
In this section “prison rules” means rules made under section 13 of the Prison Act (Northern Ireland) 1953.
The Secretary of State may by order substitute a different length of sentence and a different maximum period of remission for those mentioned in subsection (1).
This section applies where—
the scheduled offence is committed while this section is in force,
the offence (being a scheduled offence within the meaning of the Northern Ireland (Emergency Provisions) Act 1996) was committed while section 15 of that Act was in force,
the offence (being a scheduled offence within the meaning of the Northern Ireland (Emergency Provisions) Act 1991) was committed while section 14 of that Act was in force, or
the offence (being a scheduled offence within the meaning of the Northern Ireland (Emergency Provisions) Act 1978) was committed while section 22 of the Prevention of Terrorism (Temporary Provisions) Act 1989 was in force.
This section applies where—
a person is sentenced to imprisonment or a term of detention in a young offenders centre for a period exceeding one year,
he is discharged from prison or the centre in pursuance of prison rules, and
before his sentence or term would have expired (but for the discharge) he commits, and is convicted on indictment of, a scheduled offence.
If the court before which he is convicted of the scheduled offence sentences him to imprisonment or a term of detention it shall in addition order him to be returned to prison or a young offenders centre for the period between the date of the order and the date on which the sentence or term mentioned in subsection (1) would have expired but for his discharge.
No order shall be made under subsection (2) if the sentence imposed by the court is—
a suspended sentence,
a sentence of life imprisonment, or
a sentence of detention during the Secretary of State’s pleasure under Article 45(1) of the Criminal Justice (Children) (Northern Ireland) Order 1998.
An order made under subsection (2) shall cease to have effect if an appeal against the scheduled offence results in—
the acquittal of the person concerned, or
the substitution of a sentence other than imprisonment or a term of detention.
The period for which a person is ordered under this section to be returned to prison or a young offenders centre—
shall be taken to be a sentence of imprisonment or term of detention for the purposes of the Prison Act (Northern Ireland) 1953 and for the purposes of the Treatment of Offenders Act (Northern Ireland) 1968 other than section 26(2) (reduction for time spent in custody),
shall not be subject to any provision of prison rules for discharge before expiry, and
shall be served before, and be followed by, the sentence or term imposed for the scheduled offence and be disregarded in determining the appropriate length of that sentence or term.
For the purposes of this section a certificate purporting to be signed by the governor or deputy governor of a prison or young offenders centre which specifies— shall be evidence of the matters specified.
the date on which a person was discharged from prison or a young offenders centre,
the sentence or term which the person was serving at the time of his discharge, the offence in respect of which the sentence or term was imposed and the date on which he was convicted of that offence, and
the date on which the person would, but for his discharge in pursuance of prison rules, have been discharged from prison or a young offenders centre,
In this section—
For the purposes of subsection (1) consecutive terms of imprisonment or of detention in a young offenders centre shall be treated as a single term and a sentence of imprisonment or detention in a young offenders centre includes—
a sentence or term passed by a court in the United Kingdom or any of the Islands, and
in the case of imprisonment, a sentence passed by a court-martial on a person found guilty of a civil offence within the meaning of the Army Act 1955, the Air Force Act 1955 and the Naval Discipline Act 1957.
The Secretary of State may by order substitute a different period for the period of one year mentioned in subsection (1).
This section applies irrespective of when the discharge from prison or a young offenders centre took place but only if—
the scheduled offence is committed while this section is in force,
the offence (being a scheduled offence within the meaning of the Northern Ireland (Emergency Provisions) Act 1996) was committed while section 16 of that Act was in force,
the offence (being a scheduled offence within the meaning of the Northern Ireland (Emergency Provisions) Act 1991) was committed while section 15 of that Act was in force, or
the offence (being a scheduled offence within the meaning of the Northern Ireland (Emergency Provisions) Act 1978) was committed while section 23 of the Prevention of Terrorism (Temporary Provisions) Act 1989 was in force.
A constable may enter and search any premises if he reasonably suspects that a terrorist, within the meaning of section 40(1)(b), is to be found there.
A constable may arrest without warrant any person if he reasonably suspects that the person is committing, has committed or is about to commit—
a scheduled offence, or
a non-scheduled offence under this Act.
For the purpose of arresting a person under this section a constable may enter and search any premises where the person is or where the constable reasonably suspects him to be.
A constable may seize and retain anything if he reasonably suspects that it is, has been or is intended to be used in the commission of—
a scheduled offence, or
a non-scheduled offence under this Act.
If a member of Her Majesty’s forces on duty reasonably suspects that a person is committing, has committed or is about to commit any offence he may—
arrest the person without warrant, and
detain him for a period not exceeding four hours.
A person making an arrest under this section complies with any rule of law requiring him to state the ground of arrest if he states that he is making the arrest as a member of Her Majesty’s forces.
For the purpose of arresting a person under this section a member of Her Majesty’s forces may enter and search any premises where the person is.
If a member of Her Majesty’s forces reasonably suspects that a person— he may enter and search any premises where he reasonably suspects the person to be for the purpose of arresting him under this section.
is a terrorist (within the meaning of Part V), or
has committed an offence involving the use or possession of an explosive or firearm,
A member of Her Majesty’s forces may seize, and detain for a period not exceeding four hours, anything which he reasonably suspects is being, has been or is intended to be used in the commission of an offence under section 93 or 94.
The reference to a rule of law in subsection (2) does not include a rule of law which has effect only by virtue of the Human Rights Act 1998.
Schedule 10 (which confers power to search for munitions and transmitters) shall have effect.
An explosives inspector may enter and search any premises for the purpose of ascertaining whether any explosive is unlawfully there.
The power under subsection (1) may not be exercised in relation to a dwelling.
An explosives inspector may stop any person in a public place and search him for the purpose of ascertaining whether he has any explosive unlawfully with him.
An explosives inspector—
may seize any explosive found in the course of a search under this section unless it appears to him that it is being, has been and will be used only for a lawful purpose, and
may retain and, if necessary, destroy it.
In this section “explosives inspector” means an inspector appointed under section 53 of the Explosives Act 1875.
If an officer reasonably believes that a person is unlawfully detained in such circumstances that his life is in danger, the officer may enter any premises for the purpose of ascertaining whether the person is detained there.
In this section “officer” means—
a member of Her Majesty’s forces on duty, or
a constable.
A dwelling may be entered under subsection (1) only by—
a member of Her Majesty’s forces authorised for the purpose by a commissioned officer of those forces, or
a constable authorised for the purpose by an officer of the Royal Ulster Constabulary of at least the rank of inspector.
A member of Her Majesty’s forces or a constable who performs a search under a provision of this Part—
may examine any document or record found in order to ascertain whether it contains information of the kind mentioned in section 58(1)(a) or 103(1)(a), and
if necessary or expedient for the purpose of paragraph (a), may remove the document or record to another place and retain it there until the examination is completed.
Subsection (1) shall not permit a person to examine a document or record if he has reasonable cause to believe that it is an item subject to legal privilege (within the meaning of the Police and Criminal Evidence (Northern Ireland) Order 1989).
Subject to subsections (4) and (5), a document or record may not be retained by virtue of subsection (1)(b) for more than 48 hours.
An officer of the Royal Ulster Constabulary who is of at least the rank of chief inspector may authorise a constable to retain a document or record for a further period or periods.
Subsection (4) does not permit the retention of a document or record after the end of the period of 96 hours beginning with the time when it was removed for examination under subsection (1)(b).
A person who wilfully obstructs a member of Her Majesty’s forces or a constable in the exercise of a power conferred by this section commits an offence.
A person guilty of an offence under subsection (6) shall be liable—
on conviction on indictment, to imprisonment for a term not exceeding two years, to a fine or to both, or
on summary conviction, to imprisonment for a term not exceeding six months, to a fine not exceeding the statutory maximum or to both.
Where a document or record is examined under section 87—
it shall not be photographed or copied, and
the person who examines it shall make a written record of the examination as soon as is reasonably practicable.
The record shall—
describe the document or record,
specify the object of the examination,
state the address of the premises where the document or record was found,
where the document or record was found in the course of a search of a person, state the person’s name,
where the document or record was found in the course of a search of any premises, state the name of a person appearing to the person making the record to be the occupier of the premises or to have had custody or control of the document or record when it was found,
where the document or record is removed for examination from the place where it was found, state the date and time when it was removed, and
where the document or record was examined at the place where it was found, state the date and time of examination.
The record shall identify the person by whom the examination was carried out—
in the case of a constable, by reference to his police number, and
in the case of a member of Her Majesty’s forces, by reference to his service number, rank and regiment.
Where a person makes a record of a search in accordance with this section, he shall as soon as is reasonably practicable supply a copy—
in a case where the document or record was found in the course of a search of a person, to that person, and
in a case where the document or record was found in the course of a search of any premises, to a person appearing to the person making the record to be the occupier of the premises or to have had custody or control of the document or record when it was found.
An officer may stop a person for so long as is necessary to question him to ascertain—
his identity and movements;
what he knows about a recent explosion or another recent incident endangering life;
what he knows about a person killed or injured in a recent explosion or incident.
A person commits an offence if he—
fails to stop when required to do so under this section,
refuses to answer a question addressed to him under this section, or
fails to answer to the best of his knowledge and ability a question addressed to him under this section.
A person guilty of an offence under this section shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.
In this section “officer” means—
a member of Her Majesty’s forces on duty, or
a constable.
An officer may enter any premises if he considers it necessary in the course of operations for the preservation of the peace or the maintenance of order.
In this section “officer” means—
a member of Her Majesty’s forces on duty, or
a constable.
If the Secretary of State considers it necessary for the preservation of the peace or the maintenance of order, he may authorise a person—
to take possession of land or other property;
to take steps to place buildings or other structures in a state of defence;
to detain property or cause it to be destroyed or moved;
to carry out works on land of which possession has been taken by virtue of this section;
to take any other action which interferes with a public right or with a private right of property.
If he considers it immediately necessary for the preservation of the peace or the maintenance of order, an officer may—
wholly or partly close a road;
divert or otherwise interfere with a road or the use of a road;
prohibit or restrict the exercise of a right of way;
prohibit or restrict the use of a waterway.
In this section “officer” means—
a member of Her Majesty’s forces on duty,
a constable, or
a person authorised for the purposes of this section by the Secretary of State.
A person commits an offence if he interferes with—
works executed in connection with the exercise of powers conferred by virtue of section 91 or 92, or
any apparatus, equipment or other thing used in connection with the exercise of those powers.
It is a defence for a person charged with an offence under this section to prove that he had a reasonable excuse for his interference.
A person guilty of an offence under this section shall be liable on summary conviction to—
imprisonment for a term not exceeding six months,
a fine not exceeding level 5 on the standard scale, or
both.
An authorisation to exercise powers under section 91 or 92 may authorise—
the exercise of all those powers, or
the exercise of a specified power or class of powers.
An authorisation to exercise powers under section 91 or 92 may be addressed—
to specified persons, or
to persons of a specified class.
If the Secretary of State considers it necessary for the preservation of the peace or the maintenance of order he may by order direct that a specified road—
shall be wholly closed,
shall be closed to a specified extent, or
shall be diverted in a specified manner.
A person commits an offence if he interferes with—
road closure works, or
road closure equipment.
A person commits an offence if—
he executes any bypass works within 200 metres of road closure works,
he has in his possession or under his control, within 200 metres of road closure works, materials or equipment suitable for executing bypass works, or
he knowingly permits on land occupied by him the doing or occurrence of anything which is an offence under paragraph (a) or (b).
It is a defence for a person charged with an offence under this section to prove that he had a reasonable excuse for his action, possession, control or permission.
A person guilty of an offence under this section shall be liable on summary conviction to—
imprisonment for a term not exceeding six months,
a fine not exceeding level 5 on the standard scale, or
both.
In this section—
“bypass works” means works which facilitate the bypassing by vehicles of road closure works,
This section applies in relation to sections 81 to 94.
A power to enter premises may be exercised by reasonable force if necessary.
A power to search premises shall, in its application to vehicles (by virtue of section 121), be taken to include—
power to stop a vehicle (other than an aircraft which is airborne), and
power to take a vehicle or cause it to be taken, where necessary or expedient, to any place for the purpose of carrying out the search.
A person commits an offence if he fails to stop a vehicle when required to do so by virtue of this section.
A person guilty of an offence under subsection (4) shall be liable on summary conviction to—
imprisonment for a term not exceeding six months,
a fine not exceeding level 5 on the standard scale, or
both.
In the application to a place or vehicle (by virtue of section 121) of a power to search premises—
a reference to the address of the premises shall be construed as a reference to the location of the place or vehicle together with its registration number (if any), and
a reference to the occupier of the premises shall be construed as a reference to the occupier of the place or the person in charge of the vehicle.
Where a search is carried out under Schedule 10 in relation to a vehicle (by virtue of section 121), the person carrying out the search may, if he reasonably believes that it is necessary in order to carry out the search or to prevent it from being frustrated—
require a person in or on the vehicle to remain with it;
require a person in or on the vehicle to go to and remain at any place to which the vehicle is taken by virtue of subsection (3)(b);
use reasonable force to secure compliance with a requirement under paragraph (a) or (b) above.
Paragraphs 4(2) and (3), 8 and 9 of Schedule 10 shall apply to a requirement imposed under subsection (7) as they apply to a requirement imposed under that Schedule.
Paragraph 8 of Schedule 10 shall apply in relation to the search of a vehicle which is not habitually stationary only if it is moved for the purpose of the search by virtue of subsection (3)(b); and where that paragraph does apply, the reference to the address of the premises shall be construed as a reference to the location where the vehicle is searched together with its registration number (if any).
A member of Her Majesty’s forces exercising any power when he is not in uniform shall, if requested to do so by any person at or about the time of exercising the power, produce to that person documentary evidence that he is a member of Her Majesty’s Forces.
The Secretary of State may by regulations make provision for promoting the preservation of the peace and the maintenance of order.
The regulations may authorise the Secretary of State to make orders or give directions for specified purposes.
A person commits an offence if he contravenes or fails to comply with—
regulations under this section, or
an order or direction made or given under regulations made under this section.
A person guilty of an offence under this section shall be liable on summary conviction to—
imprisonment for a term not exceeding six months,
a fine not exceeding level 5 on the standard scale, or
both.
The Secretary of State may by order provide for members of Her Majesty’s Forces to perform specified functions conferred on examining officers under Schedule 7.
A member of Her Majesty’s Forces exercising functions by virtue of subsection (1) shall be treated as an examining officer within the meaning of Schedule 7 for all purposes of this Act except for paragraphs 5 and 6 of Schedule 14.
The Secretary of State may by order make provision, including provision supplementing or modifying Schedule 7, about entering or leaving Northern Ireland by land.
The Secretary of State may appoint a person to be known as the Independent Assessor of Military Complaints Procedures in Northern Ireland.
A person may be appointed as the Independent Assessor only if—
he is not a serving member of Her Majesty’s forces, and
he has not been a serving member at any time during the period of 20 years ending with the date of the appointment.
The Independent Assessor—
shall keep under review the procedures adopted by the General Officer Commanding Northern Ireland for receiving, investigating and responding to complaints to which this section applies,
shall receive and investigate any representations about those procedures,
may investigate the operation of those procedures in relation to a particular complaint or class of complaints,
may require the General Officer Commanding to review a particular case or class of cases in which the Independent Assessor considers that any of those procedures have operated inadequately, and
may make recommendations to the General Officer Commanding about inadequacies in those procedures, including inadequacies in the way in which they operate in relation to a particular complaint or class of complaints.
This section applies to complaints about the behaviour of a member of Her Majesty’s forces under the command of the General Officer Commanding Northern Ireland, other than—
a complaint which is referred by the General Officer Commanding to the Royal Ulster Constabulary and which is not remitted by the Royal Ulster Constabulary to the General Officer Commanding to be dealt with by him,
a complaint about a matter in respect of which a claim for compensation has been made under Schedule 12, and
a complaint about a matter which is the subject of proceedings involving a claim for compensation which have been instituted in a court.
The General Officer Commanding Northern Ireland shall— as the Independent Assessor may reasonably require for the purpose of the performance of his functions.
provide such information,
disclose such documents, and
provide such assistance,
Schedule 11 (which makes supplementary provision about the Independent Assessor) shall have effect.
The Secretary of State may make codes of practice in connection with—
the exercise by police officers of any power conferred by this Act, and
the seizure and retention of property found by police officers when exercising powers of search conferred by any provision of this Act.
The Secretary of State may make codes of practice in connection with the exercise by members of Her Majesty’s forces of powers by virtue of this Part.
In this section “police officer” means a member of the Royal Ulster Constabulary or the Royal Ulster Constabulary Reserve.
The Secretary of State shall—
make a code of practice about the silent video recording of interviews to which this section applies, and
make an order requiring the silent video recording of interviews to which this section applies in accordance with the code.
This section applies to—
interviews by police officers of persons detained under section 41 if they take place in a police station (within the meaning of Schedule 8), and
interviews held by police officers in such other circumstances as the Secretary of State may specify by order.
In this section “police officer” means a member of the Royal Ulster Constabulary or the Royal Ulster Constabulary Reserve.
This section applies to a code of practice under section 99 or 100.
Where the Secretary of State proposes to issue a code of practice he shall—
publish a draft,
consider any representations made to him about the draft, and
if he thinks it appropriate, modify the draft in the light of any representations made to him.
The Secretary of State shall lay a draft of the code before Parliament.
When the Secretary of State has laid a draft code before Parliament he may bring it into operation by order.
The Secretary of State may revise the whole or any part of a code of practice issued by him and issue the code as revised; and subsections (2) to (4) shall apply to such a revised code as they apply to an original code.
A failure by a police officer to comply with a provision of a code shall not of itself make him liable to criminal or civil proceedings.
A failure by a member of Her Majesty’s forces to comply with a provision of a code shall not of itself make him liable to any criminal or civil proceedings other than—
proceedings under any provision of the Army Act 1955 or the Air Force Act 1955 other than section 70 (civil offences), and
proceedings under any provision of the Naval Discipline Act 1957 other than section 42 (civil offences).
A code—
shall be admissible in evidence in criminal or civil proceedings, and
shall be taken into account by a court or tribunal in any case in which it appears to the court or tribunal to be relevant.
In this section—
Schedule 12 (which provides for compensation to be paid for certain action taken under this Part) shall have effect.
A person commits an offence if—
he collects, makes a record of, publishes, communicates or attempts to elicit information about a person to whom this section applies which is of a kind likely to be useful to a person committing or preparing an act of terrorism, or
he possesses a document or record containing information of that kind.
This section applies to a person who is or has been—
a constable,
a member of Her Majesty’s Forces,
the holder of a judicial office,
an officer of any court, or
a full-time employee of the prison service in Northern Ireland.
In this section “record” includes a photographic or electronic record.
If it is proved in proceedings for an offence under subsection (1)(b) that a document or record— the court may assume that the accused possessed the document or record, unless he proves that he did not know of its presence on the premises or that he had no control over it.
was on any premises at the same time as the accused, or
was on premises of which the accused was the occupier or which he habitually used otherwise than as a member of the public,
It is a defence for a person charged with an offence under this section to prove that he had a reasonable excuse for his action or possession.
A person guilty of an offence under this section shall be liable—
on conviction on indictment, to imprisonment for a term not exceeding 10 years, to a fine or to both, or
on summary conviction, to imprisonment for a term not exceeding six months, to a fine not exceeding the statutory maximum or to both.
A court by or before which a person is convicted of an offence under this section may order the forfeiture of any document or record containing information of the kind mentioned in subsection (1)(a).
Before making an order under subsection (7) a court must give an opportunity to be heard to any person, other than the convicted person, who claims to be the owner of or otherwise interested in anything which can be forfeited under that subsection.
An order under subsection (8) shall not come into force until there is no further possibility of it being varied, or set aside, on appeal (disregarding any power of a court to grant leave to appeal out of time).
The Chief Constable of the Royal Ulster Constabulary shall make arrangements for securing that a record is made of each exercise by a constable of a power under this Part in so far as—
it is reasonably practicable to do so, and
a record is not required to be made under another enactment.
A power conferred on a person by virtue of this Part—
is additional to powers which he has at common law or by virtue of any other enactment, and
shall not be taken to affect those powers or Her Majesty’s prerogative.
Schedule 13 (private security services) shall have effect.
For the purposes of sections 108 to 111 an organisation is specified at a particular time if at that time—
it is specified under section 3(8) of the Northern Ireland (Sentences) Act 1998, and
it is, or forms part of, an organisation which is proscribed for the purposes of this Act.
This section applies where a person is charged with an offence under section 11.
Subsection (3) applies where a police officer of at least the rank of superintendent states in oral evidence that in his opinion the accused—
belongs to an organisation which is specified, or
belonged to an organisation at a time when it was specified.
Where this subsection applies—
the statement shall be admissible as evidence of the matter stated, but
the accused shall not be committed for trial, be found to have a case to answer or be convicted solely on the basis of the statement.
In this section “police officer” means a member of—
a police force within the meaning of the Police Act 1996 or the Police (Scotland) Act 1967, or
the Royal Ulster Constabulary.
This section applies where a person is charged with an offence under section 11.
Subsection (4) applies where evidence is given that—
at any time before being charged with the offence the accused, on being questioned under caution by a constable, failed to mention a fact which is material to the offence and which he could reasonably be expected to mention, and
before being questioned the accused was permitted to consult a solicitor.
Subsection (4) also applies where evidence is given that—
on being charged with the offence or informed by a constable that he might be prosecuted for it the accused failed to mention a fact which is material to the offence and which he could reasonably be expected to mention, and
before being charged or informed the accused was permitted to consult a solicitor.
Where this subsection applies—
the court, in considering any question whether the accused belongs or belonged at a particular time to a specified organisation, may draw from the failure inferences relating to that question, but
the accused shall not be committed for trial, be found to have a case to answer or be convicted solely on the basis of the inferences.
Subject to any directions by the court, evidence tending to establish the failure may be given before or after evidence tending to establish the fact which the accused is alleged to have failed to mention.
Nothing in section 108 or 109 shall—
prejudice the admissibility of evidence admissible apart from that section,
preclude the drawing of inferences which could be drawn apart from that section, or
prejudice an enactment providing (in whatever words) that an answer or evidence given by a person in specified circumstances is not admissible in evidence against him or some other person in any proceedings or class of proceedings (however described, and whether civil or criminal).
In subsection (1)(c) the reference to giving evidence is a reference to giving it in any manner (whether by giving information, making discovery, producing documents or otherwise).
This section applies if—
a person is convicted of an offence under section 11 or 12, and
at the time of the offence he belonged to an organisation which was a specified organisation.
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 connection with the activities of the specified organisation or the court believes that it may be used in that connection unless it is forfeited.
Before making an order under this section the court must give an opportunity to be heard to any person, other than the convicted person, who claims to be the owner of or otherwise interested in anything which can be forfeited under this section.
A question arising as to whether subsection (1)(b) or (2)(a) or (b) is satisfied shall be determined on the balance of probabilities.
Schedule 4 shall apply (with the necessary modifications) in relation to orders under this section as it applies in relation to orders made under section 23.
This Part shall (subject to subsection (2)) cease to have effect at the end of the period of one year beginning with the day on which it is brought into force.
The Secretary of State may by order provide—
that a provision of this Part which is in force (whether or not by virtue of this subsection) shall continue in force for a specified period not exceeding twelve months;
that a provision of this Part shall cease to have effect;
that a provision of this Part which is not in force (whether or not by virtue of this subsection) shall come into force and remain in force for a specified period not exceeding twelve months.
An order under subsection (2) may make provision with respect to a provision of this Part—
generally,
only in so far as it concerns powers of members of Her Majesty’s Forces, or
except in so far as it concerns powers of members of Her Majesty’s Forces.
This Part shall, by virtue of this subsection, cease to have effect at the end of the period of five years beginning with the day on which it is brought into force.
The following provisions shall be treated for the purposes of this section as forming part of this Part of this Act—
paragraphs 36 and 37 of Schedule 4, and
paragraphs 19 to 21 of Schedule 5.
Where a provision of sections 74 to 77 comes into force by virtue of an order under section 112(2), that shall not affect a trial on indictment where the indictment has been presented before the provision comes into force.
Where a provision of sections 74 to 77 ceases to have effect (whether or not by virtue of an order under section 112(2)), that shall not affect the application of the provision to a trial on indictment where the indictment has been presented before the provision ceases to have effect.
If when section 74(1) comes into force by virtue of an order under section 112(2) a person has been committed for trial for a scheduled offence and the indictment has not been presented, then on the coming into force of section 74(1) he shall, if he was committed to the Crown Court sitting elsewhere than in Belfast, be treated as having been committed—
to the Crown Court sitting in Belfast, or
where a direction is given under section 74(1) which affects the trial, to the Crown Court sitting at the place specified in the direction.
Where section 74 ceases to have effect (whether or not by virtue of an order under section 112(2)), that shall not affect— in a case where the indictment has not been presented.
the committal of a person for trial in accordance with that provision to the Crown Court sitting either in Belfast or elsewhere, or
the committal of a person for trial which, in accordance with that provision, has taken effect as a committal for trial to the Crown Court sitting elsewhere than in Belfast,
Where section 79 or 80 ceases to have effect (whether or not by virtue of an order under section 112(2)), that shall not affect the operation of the section in relation to an offence committed while it, or a corresponding earlier enactment, was in force.
Sections 108 and 109 shall not apply to a statement made or failure occurring before 4th September 1998.
Where section 108 or 109 comes into force by virtue of an order under section 112(2) it shall not apply to a statement made or failure occurring while the section was not in force.
Section 111 applies where an offence is committed on or after 4th September 1998; 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 shall be taken to be committed on the last of the days in the period.
Paragraph 19 of Schedule 9 shall have effect only in relation to an offence alleged to have been committed after the coming into force of that Schedule.
A power conferred by virtue of this Act on a constable—
is additional to powers which he has at common law or by virtue of any other enactment, and
shall not be taken to affect those powers.
A constable may if necessary use reasonable force for the purpose of exercising a power conferred on him by virtue of this Act (apart from paragraphs 2 and 3 of Schedule 7).
Where anything is seized by a constable under a power conferred by virtue of this Act, it may (unless the contrary intention appears) be retained for so long as is necessary in all the circumstances.
Schedule 14 (which makes provision about the exercise of functions by authorised officers for the purposes of sections 25 to 31 and examining officers for the purposes of Schedule 7) shall have effect.
A power to search premises conferred by virtue of this Act shall be taken to include power to search a container.
A power conferred by virtue of this Act to stop a person includes power to stop a vehicle (other than an aircraft which is airborne).
A person commits an offence if he fails to stop a vehicle when required to do so by virtue of this section.
A person guilty of an offence under subsection (3) shall be liable on summary conviction to—
imprisonment for a term not exceeding six months,
a fine not exceeding level 5 on the standard scale, or
both.
This section applies to an offence under any provision of this Act other than an offence under—
section 36,
section 51,
paragraph 18 of Schedule 7,
paragraph 12 of Schedule 12, or
Schedule 13.
Proceedings for an offence to which this section applies—
shall not be instituted in England and Wales without the consent of the Director of Public Prosecutions, and
shall not be instituted in Northern Ireland without the consent of the Director of Public Prosecutions for Northern Ireland.
Where it appears to the Director of Public Prosecutions or the Director of Public Prosecutions for Northern Ireland that an offence to which this section applies is committed for a purpose connected with the affairs of a country other than the United Kingdom—
subsection (2) shall not apply, and
proceedings for the offence shall not be instituted without the consent of the Attorney General or the Attorney General for Northern Ireland.
Subsection (2) applies where in accordance with a provision mentioned in subsection (5) it is a defence for a person charged with an offence to prove a particular matter.
If the person adduces evidence which is sufficient to raise an issue with respect to the matter the court or jury shall assume that the defence is satisfied unless the prosecution proves beyond reasonable doubt that it is not.
Subsection (4) applies where in accordance with a provision mentioned in subsection (5) a court—
may make an assumption in relation to a person charged with an offence unless a particular matter is proved, or
may accept a fact as sufficient evidence unless a particular matter is proved.
If evidence is adduced which is sufficient to raise an issue with respect to the matter mentioned in subsection (3)(a) or (b) the court shall treat it as proved unless the prosecution disproves it beyond reasonable doubt.
The provisions in respect of which subsections (2) and (4) apply are—
sections 12(4), 39(5)(a), 54, 57, 58, 77 and 103 of this Act, and
sections 13, 32 and 33 of the Northern Ireland (Emergency Provisions) Act 1996 (possession and information offences) as they have effect by virtue of Schedule 1 to this Act.
The Secretary of State may make regulations providing for any of sections 15 to 23 and 39 to apply to persons in the public service of the Crown.
The Secretary of State may make regulations providing for section 19 not to apply to persons who are in his opinion performing or connected with the performance of regulatory, supervisory, investigative or registration functions of a public nature.
Regulations—
may make different provision for different purposes,
may make provision which is to apply only in specified circumstances, and
may make provision which applies only to particular persons or to persons of a particular description.
A document which purports to be— shall be received in evidence and shall, until the contrary is proved, be deemed to have been given or made by the Secretary of State.
a notice or direction given or order made by the Secretary of State for the purposes of a provision of this Act, and
signed by him or on his behalf,
A document bearing a certificate which— shall be evidence (or, in Scotland, sufficient evidence) of the document in legal proceedings.
purports to be signed by or on behalf of the Secretary of State, and
states that the document is a true copy of a notice or direction given or order made by the Secretary of State for the purposes of a provision of this Act,
In subsections (1) and (2) a reference to an order does not include a reference to an order made by statutory instrument.
The Documentary Evidence Act 1868 shall apply to an authorisation given in writing by the Secretary of State for the purposes of this Act as it applies to an order made by him.
In this Act— “act” and “action” include omission, “article” includes substance and any other thing, “customs officer” means an officer commissioned by the Commissioners of Customs and Excise under section 6(3) of the Customs and Excise Management Act 1979, “dwelling” means a building or part of a building used as a dwelling, and a vehicle which is habitually stationary and which is used as a dwelling, “explosive” means— an article or substance manufactured for the purpose of producing a practical effect by explosion, materials for making an article or substance within paragraph (a), anything used or intended to be used for causing or assisting in causing an explosion, and a part of anything within paragraph (a) or (c), “firearm” includes an air gun or air pistol, “immigration officer” means a person appointed as an immigration officer under paragraph 1 of Schedule 2 to the Immigration Act 1971, “the Islands” means the Channel Islands and the Isle of Man, “organisation” includes any association or combination of persons, “premises” includes any place and in particular includes— a vehicle, an offshore installation within the meaning given in section 44 of the Petroleum Act 1998, and a tent or moveable structure, “property” includes property wherever situated and whether real or personal, heritable or moveable, and things in action and other intangible or incorporeal property, “public place” means a place to which members of the public have or are permitted to have access, whether or not for payment, “road” has the same meaning as in the Road Traffic Act 1988 (in relation to England and Wales), the Roads (Scotland) Act 1984 (in relation to Scotland) and the Road Traffic Regulation (Northern Ireland) Order 1997 (in relation to Northern Ireland), and includes part of a road, and “vehicle”, except in sections 48 to 52 and Schedule 7, includes an aircraft, hovercraft, train or vessel.
In this Act the expressions listed below are defined by the provisions specified. Expression Interpretation provision Act Section 121 Action Section 121 Action taken for the purposes of terrorism Section 1(5) Article Section 121 Authorised officer Section 24(1) Cash Section 24(2) Cordoned area Section 33 Customs officer Section 121 Dwelling Section 121 Examining officer Schedule 7, paragraph 1 Explosive Section 121 Firearm Section 121 Immigration officer Section 121 The Islands Section 121 Organisation Section 121 Premises Section 121 Property Section 121 Proscribed organisation Section 3(1) Public place Section 121 Road Section 121 Scheduled offence (in Part VII) Section 65 Terrorism Section 1 Terrorist (in Part V) Section 40 Terrorist investigation Section 32 Terrorist property Section 14 Vehicle Section 121 Vehicle (in sections 48 to 51) Section 52
An order or regulations made by the Secretary of State under this Act—
shall be made by statutory instrument,
may contain savings and transitional provisions, and
may make different provision for different purposes.
Subject to subsection (3), an order or regulations under any of the following provisions shall be subject to annulment in pursuance of a resolution of either House of Parliament—
section 4(3);
section 24(2)(e);
section 72;
section 79(5);
section 80(9);
section 97(1) or (3);
section 100(1)(b);
section 119(1) or (2);
paragraph 52(1)(a) or (b) of Schedule 4;
paragraph 17(4) of Schedule 7;
paragraph 3(1)(b) of Schedule 8;
paragraph 19 of Schedule 8.
In the cases of— the order shall not be made unless a draft has been laid before and approved by resolution of each House of Parliament (and subsection (2)(j) or (l) shall not apply).
the first order to be made under paragraph 17(4) of Schedule 7, and
the first order to be made under paragraph 19 of Schedule 8,
An order or regulations under any of the following provisions shall not be made, subject to subsection (5), unless a draft has been laid before and approved by resolution of each House of Parliament—
section 3(3);
section 53(2);
section 65(3);
section 96;
section 101(4);
section 112(2);
paragraph 2(2) of Schedule 1;
paragraph 6(2) or 7(3) of Schedule 6;
paragraph 16 of Schedule 7;
paragraph 3(2) of Schedule 8;
paragraph 4(4) of Schedule 8;
paragraph 4(1)(e) of Schedule 14;
paragraph 7(3) of Schedule 14.
An order or regulations under a provision mentioned in subsection (4), except for paragraph (b), may be made without a draft having been approved if the Secretary of State is of the opinion that it is necessary by reason of urgency; and the order—
shall contain a declaration of the Secretary of State’s opinion, and
shall cease to have effect at the end of the period of 40 days beginning with the day on which the Secretary of State makes the order, unless a resolution approving the order is passed by each House during that period.
For the purposes of subsection (5)—
a code of practice or revised code to which an order relates shall cease to have effect together with the order,
an order’s ceasing to have effect shall be without prejudice to anything previously done or to the making of a new order (or the issue of a new code), and
the period of 40 days shall be computed in accordance with section 7(1) of the Statutory Instruments Act 1946.
An order under paragraph 8(3) of Schedule 13 shall be laid before Parliament.
Subsection (1)(a) does not apply to an order made—
under section 94,
by virtue of paragraph 36 of Schedule 4, or
under or by virtue of any of paragraphs 19 to 21 of Schedule 5.
Subsections (1)(a) and (4)(d) do not apply to an order made under regulations made under section 96.
A direction given under this Act may be varied or revoked by a further direction.
Schedule 15 (consequential amendments) shall have effect.
The enactments listed in Schedule 16 are hereby repealed or revoked to the extent specified.
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.
The following shall be paid out of money provided by Parliament—
any expenditure of a Minister of the Crown under or by virtue of this Act, and
any increase in the sums payable out of money provided by Parliament under any other enactment.
The preceding provisions of this Act, apart from sections 2(1)(b) and (2) and 118 and Schedule 1, shall come into force in accordance with provision made by the Secretary of State by order.
Where, immediately before the coming into force of section 2(1)(a), a person is being detained by virtue of a provision of the Prevention of Terrorism (Temporary Provisions) Act 1989—
the provisions of that Act shall continue to apply to him, in place of the corresponding provisions of this Act, until his detention comes to an end, and
nothing in paragraph 5 or 8 of Schedule 15 shall have effect in relation to him during his detention.
Where— he shall be treated as lawfully detained under any corresponding provision of this Act.
a person is detained by virtue of a provision of the Northern Ireland (Emergency Provisions) Act 1996 (as continued in force by virtue of Schedule 1 to this Act), and
the provision ceases to have effect,
Where this Act repeals and re-enacts a provision of— the repeal and re-enactment shall not, unless the contrary intention appears, affect the continuity of the law.
the Prevention of Terrorism (Temporary Provisions) Act 1989, or
the Northern Ireland (Emergency Provisions) Act 1996,
A reference in this Act or any other enactment or instrument to a provision of this Act shall (so far as the context permits) be taken to include a reference to a corresponding provision repealed by this Act.
The repeal by virtue of this Act of section 14 of the Northern Ireland (Emergency Provisions) Act 1996 (young persons convicted of scheduled offences) shall not affect its operation in relation to offences committed while it was in force.
Any document made, served or issued after the commencement of paragraph (a) or (b) of section 2(1) which contains a reference to an enactment repealed by that paragraph shall, so far as the context permits, be construed as referring to or (as the context may require) including a reference to the corresponding provision of this Act.
Any document made, served or issued after the commencement of this Act which contains a reference to a provision of this Act shall, so far as the context permits, be construed as referring to or (as the context may require) including a reference to the corresponding provision of—
the Prevention of Terrorism (Temporary Provisions) Act 1989, or
the Northern Ireland (Emergency Provisions) Act 1996.
Section 117 shall apply to the institution of proceedings after commencement of that section whether the offence to which the proceedings relate (which may, by virtue of subsection (4) above, be an offence under a provision repealed by this Act) is alleged to have been committed before or after commencement of that section.
Subject to subsections (2) to (6), this Act extends to the whole of the United Kingdom.
Section 59 shall extend to England and Wales only.
The following shall extend to Northern Ireland only—
section 60, and
Part VII.
Section 61 shall extend to Scotland only.
In Schedule 5—
Part I shall extend to England and Wales and Northern Ireland only, and
Part II shall extend to Scotland only.
The amendments and repeals in Schedules 15 and 16 shall have the same extent as the enactments to which they relate.
This Act may be cited as the Terrorism Act 2000.
Section 2.
This paragraph applies to any of the following if and in so far as it is in force immediately before the passing of this Act by virtue of an order under section 62(3) of the Northern Ireland (Emergency Provisions) Act 1996 (duration)— This paragraph does not apply to the following provisions of the Northern Ireland (Emergency Provisions) Act 1996—
A provision to which paragraph 1 applies shall continue in force for the period of 12 months starting with the day on which this Act is passed. The Secretary of State may by order provide for a provision to which paragraph 1 applies to continue in force for the period of 12 months immediately following the period mentioned in sub-paragraph (1).
The powers under section 62(3)(a) and (c) of the Northern Ireland (Emergency Provisions) Act 1996 shall continue to be exercisable in relation to a provision to which paragraph 1 applies in respect of any period falling within— The power under section 62(3)(b) of the Northern Ireland (Emergency Provisions) Act 1996 shall continue to be exercisable in relation to a provision to which paragraph 1 applies at any time during—
The Secretary of State may by order provide for a provision to which paragraph 1 applies—
to cease to have effect on a specified day;
to cease to be capable of being the subject of an order under section 62(3) of the Northern Ireland (Emergency Provisions) Act 1996.
The continuance in force of a provision by virtue of paragraph 2 is subject to any order made by virtue of paragraph 3 or 4.
A provision of the Northern Ireland (Emergency Provisions) Act 1996 to which paragraph 1 does not apply shall continue to have effect for the purposes of, or in so far it relates to, any provision to which that paragraph does apply. While Part I of Schedule 1 to that Act (scheduled offences) has effect by virtue of this Schedule, the following shall also have effect—
The provisions of the 1996 Act which continue in force by virtue of this Schedule shall be amended as follows.
In section 19 (arrest and seizure) after subsection (4) insert—
In section 20 (search for munitions, &c.) after subsection (5) insert—
In section 26 (powers of entry, &c.) after subsection (2) insert—
In section 33 (collection of information, &c.) after subsection (5) insert—
Part V (private security services) shall have effect subject to the provisions of this paragraph. On issuing a certificate under section 39 the Secretary of State may impose a condition if satisfied that it is necessary in order to prevent an organisation within section 39(8) from benefiting from the certificate. To the grounds for refusal to issue a certificate and for revocation of a certificate in sections 39(1) and (5) there shall be added the ground that the Secretary of State is satisfied that the applicant for or holder of a certificate has failed to comply with a condition imposed by virtue of sub-paragraph (2) above. The applicant for a certificate may appeal to the High Court if— Where an appeal is brought under sub-paragraph (4), the Secretary of State may issue a certificate that the decision to which the appeal relates— If he intends to rely on a certificate under sub-paragraph (5), the Secretary of State shall notify the appellant. Where the appellant is notified of the Secretary of State’s intention to rely on a certificate under sub-paragraph (5)— Rules made under section 91 or 92 of that Act which are in force immediately before the passing of this Act shall have effect in relation to a certificate under sub-paragraph (5)—
Section 3. The Irish Republican Army. Cumann na mBan. Fianna na hEireann. The Red Hand Commando. Saor Eire. The Ulster Freedom Fighters. The Ulster Volunteer Force. The Irish National Liberation Army. The Irish People’s Liberation Organisation. The Ulster Defence Association. The Loyalist Volunteer Force. The Continuity Army Council. The Orange Volunteers. The Red Hand Defenders.
“forfeiture order” means—
Section 5.
The Commission shall consist of members appointed by the Lord Chancellor. The Lord Chancellor shall appoint one of the members as chairman. A member shall hold and vacate office in accordance with the terms of his appointment. A member may resign at any time by notice in writing to the Lord Chancellor.
The Lord Chancellor may appoint officers and servants for the Commission.
The Lord Chancellor—
may pay sums by way of remuneration, allowances, pensions and gratuities to or in respect of members, officers and servants,
may pay compensation to a person who ceases to be a member of the Commission if the Lord Chancellor thinks it appropriate because of special circumstances, and
may pay sums in respect of expenses of the Commission.
The Commission shall sit at such times and in such places as the Lord Chancellor may direct. The Commission may sit in two or more divisions. At each sitting of the Commission—
The Lord Chancellor may make rules— In making the rules the Lord Chancellor shall, in particular, have regard to the need to secure— The rules shall make provision permitting organisations to be legally represented in proceedings before the Commission. The rules may, in particular— Rules under this paragraph— In this paragraph a reference to proceedings before the Commission includes a reference to proceedings arising out of proceedings before the Commission.
This paragraph applies to— Proceedings shall be conducted on behalf of the organisation by a person designated by the Commission (with such legal representation as he may choose to obtain). In paragraphs 5 and 8 of this Schedule a reference to an organisation includes a reference to a person designated under this paragraph.
The relevant law officer may appoint a person to represent the interests of an organisation or other applicant in proceedings in relation to which an order has been made by virtue of paragraph 5(4)(b). The relevant law officer is— A person appointed under this paragraph must— A person appointed under this paragraph shall not be responsible to the organisation or other applicant whose interests he is appointed to represent. In paragraphs 5 and 8 of this Schedule a reference to a representative does not include a reference to a person appointed under this paragraph.
Section 9(1) of the Interception of Communications Act 1985 (exclusion of evidence) shall not apply in relation to— Evidence admitted by virtue of sub-paragraph (1) shall not be disclosed to—
Section 23.
In this Part of this Schedule—
Where a court in England and Wales makes a forfeiture order it may make such other provision as appears to it to be necessary for giving effect to the order, and in particular it may— A forfeiture order shall not come into force until there is no further possibility of it being varied, or set aside, on appeal (disregarding any power of a court to grant leave to appeal out of time). In sub-paragraph (1)(b) and (d) a reference to the proceeds of the sale, disposal or realisation of property is a reference to the proceeds after deduction of the costs of sale, disposal or realisation. Section 140 of the Magistrates' Courts Act 1980 (disposal of non-pecuniary forfeitures) shall not apply.
A receiver appointed under paragraph 2 shall be entitled to be paid his remuneration and expenses by the proper officer out of the proceeds of the property realised by the receiver and paid to the proper officer under paragraph 2(1)(c). If and so far as those proceeds are insufficient, the receiver shall be entitled to be paid his remuneration and expenses by the prosecutor. A receiver appointed under paragraph 2 shall not be liable to any person in respect of any loss or damage resulting from action— Sub-paragraph (3) does not apply in so far as the loss or damage is caused by the receiver’s negligence.
In paragraphs 2 and 3 “the proper officer” means— The proper officer shall issue a certificate in respect of a forfeiture order if an application is made by— The certificate shall state the extent (if any) to which, at the date of the certificate, effect has been given to the forfeiture order.
The High Court may make a restraint order under this paragraph where— The High Court may also make a restraint order under this paragraph where— A restraint order prohibits a person to whom notice of it is given, subject to any conditions and exceptions specified in the order, from dealing with property in respect of which a forfeiture order has been or could be made in the proceedings referred to in sub-paragraph (1) or (2). An application for a restraint order may be made to a judge in chambers without notice. In this paragraph a reference to dealing with property includes a reference to removing the property from Great Britain.
A restraint order shall provide for notice of it to be given to any person affected by the order. A restraint order may be discharged or varied by the High Court on the application of a person affected by it. In particular, a restraint order shall be discharged on an application under sub-paragraph (2)—
A constable may seize any property subject to a restraint order for the purpose of preventing it from being removed from Great Britain. Property seized under this paragraph shall be dealt with in accordance with the High Court’s directions.
The Land Charges Act 1972 and the Land Registration Act 1925— Where a restraint order is made under paragraph 5(1) or an application for such an order is made, the prosecutor in the proceedings for the offence shall be treated for the purposes of section 57 of the Land Registration Act 1925 (inhibitions) as a person interested in respect of any registered land to which the restraint order or the application for the restraint order relates. Where a restraint order is made under paragraph 5(2) or an application for such an order is made, the person who the High Court is satisfied will have the conduct of the proposed proceedings shall be treated for the purposes of section 57 of that Act as a person interested in respect of any registered land to which the restraint order or the application for the restraint order relates.
This paragraph applies where a restraint order is discharged under paragraph 6(3)(a). This paragraph also applies where a forfeiture order or a restraint order is made in or in relation to proceedings for an offence under any of sections 15 to 18 which— A person who had an interest in any property which was subject to the order may apply to the High Court for compensation. The High Court may order compensation to be paid to the applicant if satisfied— The High Court shall not order compensation to be paid where it appears to it that proceedings for the offence would have been instituted even if the serious default had not occurred. Compensation payable under this paragraph shall be paid—
This paragraph applies where— A person who had an interest in any property which was subject to the order may apply to the High Court for compensation. The High Court may order compensation to be paid to the applicant if satisfied— Compensation payable under this paragraph shall be paid by the Secretary of State.
For the purposes of this Part of this Schedule proceedings for an offence are instituted— Where the application of sub-paragraph (1) would result in there being more than one time for the institution of proceedings they shall be taken to be instituted at the earliest of those times. For the purposes of this Part of this Schedule proceedings are concluded—
In the following provisions of this Part of this Schedule—
“an Islands order” means an order made in any of the Islands under a provision of the law of that Island corresponding to—
“forfeited property” means the money or other property to which a forfeiture order applies.
an order made under paragraph 5, 18 or 33,
Subject to the provisions of this paragraph, a Scottish, Northern Ireland or Islands order shall have effect in the law of England and Wales. But such an order shall be enforced in England and Wales only in accordance with— On an application made to it in accordance with rules of court for registration of a Scottish, Northern Ireland or Islands order, the High Court shall direct that the order shall, in accordance with such rules, be registered in that court. Rules of court shall also make provision— If a Scottish, Northern Ireland or Islands forfeiture order is registered under this paragraph the High Court shall have, in relation to that order, the same powers as a court has under paragraph 2(1) to give effect to a forfeiture order made by it and— If a Scottish, Northern Ireland or Islands restraint order is registered under this paragraph— In addition, if a Scottish, Northern Ireland or Islands order is registered under this paragraph— The High Court may also make such orders or do otherwise as seems to it appropriate for the purpose of— The following documents shall be received in evidence in England and Wales without further proof—
Her Majesty may by Order in Council make provision for the purpose of enabling the enforcement in England and Wales of external orders. An “external order” means an order— “Relevant provision” means— An Order in Council under this paragraph may, in particular, include provision— An Order in Council under this paragraph may also make provision with respect to anything falling to be done on behalf of the United Kingdom in a designated country or territory in relation to proceedings in that country or territory for or in connection with the making of an external order. An Order in Council under this paragraph—
In this Part of this Schedule—
Where a court in Scotland makes a forfeiture order it may make such other provision as appears to it to be necessary for giving effect to the order, and in particular it may— A forfeiture order shall not come into force so long as an appeal is pending against the order or against the conviction on which it was made; and for this purpose where an appeal is competent but has not been brought it shall be treated as pending until the expiry of a period of fourteen days from the date when the order was made. Any balance remaining after making any payment required under sub-paragraph (1)(c) or paragraph 17 shall be treated for the purposes of section 211(5) of the Criminal Procedure (Scotland) Act 1995 (fines payable to the Treasury) as if it were a fine imposed in the High Court of Justiciary. The clerk of court shall, on the application of— certify in writing the extent (if any) to which, at the date of the certificate, effect has been given to the order in respect of the money or other property to which it applies. In sub-paragraph (1) references to the proceeds of the sale, disposal or realisation of property are references to the proceeds after deduction of the costs of sale, disposal or realisation.
The Court of Session may by rules of court prescribe the powers and duties of an administrator appointed under paragraph 16. An administrator appointed under paragraph 16 shall be entitled to be paid his remuneration and expenses out of the proceeds of the property realised by him or, if and so far as those proceeds are insufficient, by the Lord Advocate. The accountant of court shall supervise an administrator appointed under paragraph 16 in the exercise of the powers conferred, and discharge of the duties imposed, on him under or by virtue of that paragraph. An administrator appointed under paragraph 16 shall not be liable to any person in respect of any loss or damage resulting from action— Sub-paragraph (4) does not apply in so far as the loss or damage is caused by the administrator’s negligence.
The Court of Session, on an application made by the Lord Advocate, may make a restraint order under this paragraph where— The Court of Session may also, on such an application, make a restraint order under this paragraph where— A restraint order prohibits a person to whom notice of it is given, subject to any conditions and exceptions specified in the order, from dealing with property in respect of which a forfeiture order has been or could be made in the proceedings referred to in sub-paragraph (1) or (2). An application for a restraint order may be made ex parte in chambers. For the purposes of this paragraph, dealing with property includes removing the property from Great Britain.
A restraint order shall provide for notice of it to be given to any person affected by the order. A restraint order may be recalled or varied by the Court of Session on the application of any person affected by it. A restraint order shall be recalled— When proceedings for the offence are concluded the Lord Advocate shall forthwith apply to the Court for recall of the order.
A constable may seize any property subject to a restraint order for the purpose of preventing it from being removed from Great Britain. Property seized under this paragraph shall be dealt with in accordance with the Court’s directions.
On the application of the Lord Advocate, the Court of Session may, in respect of heritable property in Scotland affected by a restraint order (whether such property generally or particular such property) grant warrant for inhibition against any person interdicted by the order. Subject to this Part of this Schedule, a warrant under sub-paragraph (1)— Section 155 of the Titles to Land Consolidation (Scotland) Act 1868 (effective date of inhibition) shall apply in relation to an inhibition for which warrant has been granted under sub-paragraph (2)(a) as that section applies to an inhibition by separate letters or contained in a summons. The execution of an inhibition under sub-paragraph (2) in respect of property shall not prejudice the exercise of an administrator’s powers under or for the purposes of this Part of this Schedule in respect of that property. No inhibition executed under sub-paragraph (2) shall have effect once, or in so far as, the restraint order affecting the property in respect of which the warrant for the inhibition has been granted has ceased to have effect in respect of that property, and the Lord Advocate shall—
On the application of the Lord Advocate, the court may, in respect of moveable property affected by a restraint order (whether such property generally or particular such property), grant warrant for arrestment if the property would be arrestable if the person entitled to it were a debtor. A warrant under sub-paragraph (1) shall have effect as if granted on the dependence of an action for debt at the instance of the Lord Advocate against the person and may be executed, recalled, loosed or restricted accordingly. The execution of an arrestment under sub-paragraph (2) in respect of property shall not prejudice the exercise of an administrator’s powers under or for the purposes of this Part of this Schedule in respect of that property. No arrestment executed under sub-paragraph (2) shall have effect once, or in so far as, the restraint order affecting the property in respect of which the warrant for such arrestment has been granted has ceased to have effect in respect of that property; and the Lord Advocate shall apply to the court for an order recalling, or as the case may be, restricting the arrestment accordingly.
This paragraph applies where a restraint order is recalled under paragraph 19(3)(a). This paragraph also applies where a forfeiture order or a restraint order is made in or in relation to proceedings for an offence under any of sections 15 to 18 which— A person who had an interest in any property which was subject to the order may apply to the Court of Session for compensation. The Court of Session may order compensation to be paid to the applicant if it is satisfied— The Court of Session shall not order compensation to be paid where it appears to it that the proceedings for the offence would have been instituted even if the serious default had not occurred. Compensation payable under this paragraph shall be paid— This paragraph is without prejudice to any right which may otherwise exist to institute proceedings in respect of delictual liability disclosed by such circumstances as are mentioned in paragraphs (a) to (c) of sub-paragraph (2).
This paragraph applies where— A person who had an interest in any property which was subject to the order may apply to the Court of Session for compensation. The Court of Session may order compensation to be paid to the applicant if satisfied— Compensation payable under this paragraph shall be paid by the Secretary of State.
For the purposes of this Part of this Schedule proceedings for an offence are instituted— Where the application of sub-paragraph (1) would result in there being more than one time for the institution of proceedings they shall be taken to be instituted at the earliest of those times. For the purposes of this Part of this Schedule proceedings are concluded—
In the following provisions of this Part of this Schedule—
Subject to the provisions of this paragraph, an England and Wales order, Northern Ireland order or Islands order shall have effect in the law of Scotland. But such an order shall be enforced in Scotland only in accordance with— On an application made to it in accordance with rules of court for registration of an England and Wales order, Northern Ireland order or Islands order, the Court of Session shall direct that the order shall, in accordance with such rules, be registered in that court. Rules of court shall also make provision— If an England and Wales, Northern Ireland or Islands forfeiture order is registered under this paragraph the Court of Session shall have, in relation to that order, the same powers as a court has under paragraph 16(1) above in relation to a forfeiture order made by it and paragraphs 16(3) to (5) and 17 apply accordingly. If an England and Wales, Northern Ireland or Islands forfeiture order is registered under this paragraph— In addition, if an England and Wales order, Northern Ireland order or Islands order is registered under this paragraph— as if the order had originally been made in the Court of Session. The Court of Session may also make such orders or do otherwise as seems to it appropriate for the purpose of— The following documents shall, in Scotland, be sufficient evidence of their contents— Nothing in any England and Wales order, Northern Ireland order or Islands order prejudices any enactment or rule of law in respect of the recording of deeds relating to heritable property in Scotland or the registration of interests in such property.
Her Majesty may by Order in Council make provision for the purpose of enabling the enforcement in Scotland of external orders. An “external order” means an order— “Relevant provision” means— An Order in Council under this paragraph may, in particular, include provision— An Order in Council under this paragraph may also make provision with respect to anything falling to be done on behalf of the United Kingdom in a designated country or territory in relation to proceedings in that country or territory for or in connection with the making of an external order. An Order under this paragraph—
In this Part of this Schedule—
an external restraint order which is enforceable in England and Wales, Scotland or Northern Ireland by virtue of an Order in Council made under paragraph 14, 28 or 44.
Where a court in Northern Ireland makes a forfeiture order it may make such other provision as appears to it to be necessary for giving effect to the order, and in particular it may— A forfeiture order shall not come into force until there is no further possibility of it being varied, or set aside, on appeal (disregarding any power of a court to grant leave to appeal out of time). In sub-paragraph (1)(b) and (d) a reference to the proceeds of the sale, disposal or realisation of property is a reference to the proceeds after deduction of the costs of sale, disposal or realisation. Article 58 of the Magistrates' Courts (Northern Ireland) Order 1981 (disposal of non-pecuniary forfeitures) shall not apply.
A receiver appointed under paragraph 30 shall be entitled to be paid his remuneration and expenses by the proper officer out of the proceeds of the property realised by the receiver and paid to the proper officer under paragraph 30(1)(c). If and so far as those proceeds are insufficient, the receiver shall be entitled to be paid his remuneration and expenses by the prosecutor. A receiver appointed under paragraph 30 shall not be liable to any person in respect of any loss or damage resulting from action— Sub-paragraph (3) does not apply in so far as the loss or damage is caused by the receiver’s negligence.
In paragraphs 30 and 31 “the proper officer” means— The proper officer shall issue a certificate in respect of a forfeiture order if an application is made by— The certificate shall state the extent (if any) to which, at the date of the certificate, effect has been given to the forfeiture order. Any balance in the hands of the proper officer after making any payment required under paragraph 30(1)(d) or 31 shall be treated for the purposes of section 20 of the Administration of Justice (Northern Ireland) Act 1954 (application of fines, &c.) as if it were a fine.
The High Court may make a restraint order under this paragraph where— The High Court may also make a restraint order under this paragraph where— A restraint order prohibits a person to whom notice of it is given, subject to any conditions and exceptions specified in the order, from dealing with property in respect of which a forfeiture order has been or could be made in the proceedings referred to in sub-paragraph (1) or (2). An application for a restraint order may be made to a judge in chambers without notice. For the purposes of this paragraph a reference to dealing with property includes a reference to removing the property from Northern Ireland.
A restraint order shall provide for notice of it to be given to any person affected by the order. A restraint order may be discharged or varied by the High Court on the application of a person affected by it. In particular, a restraint order shall be discharged on an application under sub-paragraph (2)—
A constable may seize any property subject to a restraint order for the purpose of preventing it from being removed from Northern Ireland. Property seized under this paragraph shall be dealt with in accordance with the High Court’s directions.
The power to make a restraint order under the provisions of paragraph 33 shall be exercisable by the Secretary of State in any case in which it appears to him that the information which it would be necessary to provide in support of an application to the High Court or a judge under those provisions would, if disclosed, be likely to place any person in danger or prejudice the capability of members of the Royal Ulster Constabulary to investigate an offence under any of sections 15 to 18. In their application by virtue of sub-paragraph (1) paragraphs 33 to 35 shall have effect with the necessary modifications and as if references to the High Court were references to the Secretary of State. An order made by the Secretary of State by virtue of this paragraph may be varied or discharged by the High Court under paragraph 34.
A person commits an offence if he contravenes a restraint order. It is a defence for a person charged with an offence under this paragraph to prove that he had a reasonable excuse for the contravention. A person guilty of an offence under this paragraph shall be liable— Nothing in this paragraph shall be taken to prejudice any power of the High Court to deal with the contravention of a restraint order as a contempt of court.
The prosecutor shall be treated for the purposes of section 66 of the Land Registration Act (Northern Ireland) 1970 (cautions) as a person interested in respect of any registered land to which a restraint order or an application for such an order relates. On the application of the prosecutor, the Registrar of Titles shall, in respect of any registered land to which a restraint order or an application for such an order relates, make an entry inhibiting any dealing with the land without the consent of the High Court. Subsections (2) and (4) of section 67 of the Land Registration Act (Northern Ireland) 1970 (inhibitions) shall apply to an entry made on the application of the prosecutor under sub-paragraph (2) as they apply to an entry made on the application of any person interested in the registered land under subsection (1) of that section. In this paragraph—
This paragraph applies where a restraint order is discharged under paragraph 34(3)(a). This paragraph also apples where a forfeiture order or a restraint order is made in or in relation to proceedings for an offence under any of sections 15 to 18 which— A person who had an interest in any property which was subject to the order may apply to the High Court for compensation. The High Court may order compensation to be paid to the applicant if satisfied— The High Court shall not order compensation to be paid where it appears to it that proceedings for the offence would have been instituted even if the serious default had not occurred. Compensation payable under this paragraph shall be paid—
This paragraph applies where— A person who had an interest in any property which was subject to the order may apply to the High Court for compensation. The High Court may order compensation to be paid to the applicant if satisfied— Compensation payable under this paragraph shall be paid by the Secretary of State.
For the purposes of this Part of this Schedule proceedings for an offence are instituted— Where the application of sub-paragraph (1) would result in there being more than one time for the institution of proceedings they shall be taken to be instituted at the earliest of those times. For the purposes of this Part of this Schedule proceedings are concluded—
In the following provisions of this Part of this Schedule—
Subject to the provisions of this paragraph, an England and Wales, Scottish or Islands order shall have effect in the law of Northern Ireland. But such an order shall be enforced in Northern Ireland only in accordance with— On an application made to it in accordance with rules of court for registration of an England and Wales, Scottish or Islands order, the High Court shall direct that the order shall, in accordance with such rules, be registered in that court. Rules of court shall also make provision— If an England and Wales, Scottish or Islands forfeiture order is registered under this paragraph the High Court shall have, in relation to that order, the same powers as a court has under paragraph 30(1) to give effect to a forfeiture order made by it and— If an England and Wales, Scottish or Islands restraint order is registered under this paragraph— In addition, if an England and Wales, Scottish or Islands order is registered under this paragraph— The High Court may also make such orders or do otherwise as seems to it appropriate for the purpose of— The following documents shall be received in evidence in Northern Ireland without further proof—
Her Majesty may by Order in Council make provision for the purpose of enabling the enforcement in Northern Ireland of external orders. An “external order” means an order— “Relevant provision” means— An Order in Council under this paragraph may, in particular, include provision— An Order in Council under this paragraph may also make provision with respect to anything falling to be done on behalf of the United Kingdom in a designated country or territory in relation to proceedings in that country or territory for or in connection with the making of an external order. An Order in Council under this paragraph—
In this Part of this Schedule—
During the period of six months beginning with the making of a forfeiture order, the following shall not be finally disposed of under this Schedule— For the purposes of this paragraph money is finally disposed of under this Schedule when—
This paragraph applies where— Sub-paragraph (3) shall apply to— The property— But— In this paragraph “the commencement of an insolvency” means—
Where by virtue of paragraph 47(3) property falls to be dealt with in insolvency proceedings, the Secretary of State shall be taken to be a creditor in those proceedings to the amount or value of the property. Except in a sequestration, his debt— In sub-paragraph (2)(b) the “relevant provision” means— In a sequestration, his debt shall rank after all of the debts mentioned in section 51(1) of the Bankruptcy (Scotland) Act 1985 and shall not be paid until they have been paid in full. Sub-paragraphs (2) to (4) apply notwithstanding any provision contained in or made under any other enactment.
This paragraph applies to property which ceased to be subject to a forfeiture order by virtue of paragraph 47(3) in consequence of the making of a bankruptcy order or an award of sequestration. The property shall again become subject to the forfeiture order and, if applicable, any ancillary order if— Where the property is money or has been converted into money— In sub-paragraph (3) the “relevant court” means—
Where money or other property falls to be dealt with in accordance with paragraph 47(3), the relevant officer may— Where property is delivered up in pursuance of paragraph 47(3) and the relevant officer has not made provision under sub-paragraph (1) for all the allowable forfeiture expenses then— In this paragraph “allowable forfeiture expenses”—
This paragraph applies where an insolvency practitioner seizes or disposes of property which is subject to a forfeiture order or a restraint order and— The insolvency practitioner shall not be liable to any person in respect of any loss or damage resulting from the seizure or disposal except in so far as the loss or damage is caused by his negligence. The insolvency practitioner shall have a lien on the property seized or the proceeds of its sale— Sub-paragraphs (1) to (3) are without prejudice to the generality of any provision contained in the Insolvency Act 1986 or the Bankruptcy (Scotland) Act 1985 or any other Act or the Insolvency (Northern Ireland) Order 1989. In this paragraph “insolvency practitioner”, in any part of the United Kingdom, means a person acting as an insolvency practitioner in that or any other part of the United Kingdom. For the purpose of sub-paragraph (5) any question whether a person is acting as an insolvency practitioner in England and Wales or in Scotland shall be determined in accordance with section 388 of the Insolvency Act 1986, except that— For the purpose of sub-paragraph (5) any question whether a person is acting as an insolvency practitioner in Northern Ireland shall be determined in accordance with Article 3 of the Insolvency (Northern Ireland) Order 1989, except that—
An order may be made under this paragraph to secure that an Islands or external insolvency practitioner has the same rights under this Part of this Schedule in relation to— as he would have if he were an insolvency practitioner in that part of the United Kingdom. The Secretary of State may make an order— An order under sub-paragraph (1)(c)— An order under this paragraph may, in particular, include— An order under this paragraph may make different provision for different purposes. In this paragraph—
In this Part of this Schedule (other than in paragraph 51) “insolvency practitioner” means a person acting in any qualifying insolvency proceedings in any part of the United Kingdom as— In this Part of this Schedule “qualifying insolvency proceedings” means— In this Part of this Schedule “the relevant officer” means in England and Wales and in Northern Ireland— In this Part of this Schedule “the relevant officer” means in Scotland— In this Part of this Schedule references to the proceeds of sale or realisation of property are references to the proceeds after deduction of the costs of sale or realisation.
Section 37.
A constable may apply to a justice of the peace for the issue of a warrant under this paragraph for the purposes of a terrorist investigation. A warrant under this paragraph shall authorise any constable— For the purpose of sub-paragraph (2)(c) material is relevant if the constable has reasonable grounds for believing that— A warrant under this paragraph shall not authorise— Subject to paragraph 2, a justice may grant an application under this paragraph if satisfied—
This paragraph applies where an application is made under paragraph 1 and— The justice may grant the application if satisfied of the matters referred to in paragraph 1(5)(a) and (b). Where a warrant under paragraph 1 is issued by virtue of this paragraph, the powers under paragraph 1(2)(a) and (b) are exercisable only within the period of 24 hours beginning with the time when the warrant is issued. For the purpose of sub-paragraph (1) “residential premises” means any premises which the officer making the application has reasonable grounds for believing are used wholly or mainly as a dwelling.
Subject to sub-paragraph (2), a police officer of at least the rank of superintendent may by a written authority signed by him authorise a search of specified premises which are wholly or partly within a cordoned area. A constable who is not of the rank required by sub-paragraph (1) may give an authorisation under this paragraph if he considers it necessary by reason of urgency. An authorisation under this paragraph shall authorise any constable— The powers under sub-paragraph (3)(a) and (b) may be exercised— An authorisation under this paragraph shall not authorise— An authorisation under this paragraph shall not be given unless the person giving it has reasonable grounds for believing that there is material to be found on the premises which— A person commits an offence if he wilfully obstructs a search under this paragraph. A person guilty of an offence under sub-paragraph (7) shall be liable on summary conviction to—
In this Part— and material is “excepted material” if it falls within any of paragraphs (a) to (c).
“excluded material” has the meaning given by section 11 of the Police and Criminal Evidence Act 1984,
“items subject to legal privilege” has the meaning given by section 10 of that Act, and
“special procedure material” has the meaning given by section 14 of that Act;
A constable may apply to a Circuit judge for an order under this paragraph for the purposes of a terrorist investigation. An application for an order shall relate to particular material, or material of a particular description, which consists of or includes excluded material or special procedure material. An order under this paragraph may require a specified person— For the purposes of this paragraph— Where a Circuit judge makes an order under sub-paragraph (3)(b) in relation to material on any premises, he may, on the application of a constable, order any person who appears to the judge to be entitled to grant entry to the premises to allow any constable to enter the premises to obtain access to the material.
A Circuit judge may grant an application under paragraph 5 if satisfied— The first condition is that— The second condition is that there are reasonable grounds for believing that it is in the public interest that the material should be produced or that access to it should be given having regard—
An order under paragraph 5 may be made in relation to— Where an order is made under paragraph 5 by virtue of this paragraph, paragraph 5(3) shall apply with the following modifications— Where an order is made under paragraph 5 by virtue of this paragraph, paragraph 5(4) shall not apply and the order—
An order under paragraph 5— Where the material to which an application under paragraph 5 relates consists of information contained in a computer—
An order under paragraph 5 may be made in relation to material in the possession, custody or power of a government department. Where an order is made by virtue of sub-paragraph (1)— In this paragraph “government department” means an authorised government department for the purposes of the Crown Proceedings Act 1947.
An order of a Circuit judge under paragraph 5 shall have effect as if it were an order of the Crown Court. Crown Court Rules may make provision about proceedings relating to an order under paragraph 5. In particular, the rules may make provision about the variation or discharge of an order.
A constable may apply to a Circuit judge for the issue of a warrant under this paragraph for the purposes of a terrorist investigation. A warrant under this paragraph shall authorise any constable— A warrant under this paragraph shall not authorise— For the purpose of sub-paragraph (2)(c) material is relevant if the constable has reasonable grounds for believing that it is likely to be of substantial value, whether by itself or together with other material, to a terrorist investigation.
A Circuit judge may grant an application under paragraph 11 if satisfied that an order made under paragraph 5 in relation to material on the premises specified in the application has not been complied with. A Circuit judge may also grant an application under paragraph 11 if satisfied that there are reasonable grounds for believing that— The first condition is that— The second condition is that it is not appropriate to make an order under paragraph 5 in relation to the material because—
A constable may apply to a Circuit judge for an order under this paragraph requiring any person specified in the order to provide an explanation of any material— An order under this paragraph shall not require any person to disclose any information which he would be entitled to refuse to disclose on grounds of legal professional privilege in proceedings in the High Court. But a lawyer may be required to provide the name and address of his client. A statement by a person in response to a requirement imposed by an order under this paragraph— Paragraph 10 shall apply to orders under this paragraph as it applies to orders under paragraph 5.
A person commits an offence if, in purported compliance with an order under paragraph 13, he— A person guilty of an offence under sub-paragraph (1) shall be liable—
A police officer of at least the rank of superintendent may by a written order signed by him give to any constable the authority which may be given by a search warrant under paragraph 1 or 11. An order shall not be made under this paragraph unless the officer has reasonable grounds for believing— Where an order is made under this paragraph particulars of the case shall be notified as soon as is reasonably practicable to the Secretary of State. A person commits an offence if he wilfully obstructs a search under this paragraph. A person guilty of an offence under sub-paragraph (4) shall be liable on summary conviction to—
If a police officer of at least the rank of superintendent has reasonable grounds for believing that the case is one of great emergency he may by a written notice signed by him require any person specified in the notice to provide an explanation of any material seized in pursuance of an order under paragraph 15. Sub-paragraphs (2) to (4) of paragraph 13 and paragraph 14 shall apply to a notice under this paragraph as they apply to an order under paragraph 13. A person commits an offence if he fails to comply with a notice under this paragraph. It is a defence for a person charged with an offence under sub-paragraph (3) to show that he had a reasonable excuse for his failure. A person guilty of an offence under sub-paragraph (3) shall be liable on summary conviction to—
For the purposes of sections 21 and 22 of the Police and Criminal Evidence Act 1984 (seized material: access, copying and retention)—
a terrorist investigation shall be treated as an investigation of or in connection with an offence, and
material produced in pursuance of an order under paragraph 5 shall be treated as if it were material seized by a constable.
In the application of this Part to Northern Ireland—
the reference in paragraph 4(a) to section 11 of the Police and Criminal Evidence Act 1984 shall be taken as a reference to Article 13 of the Police and Criminal Evidence (Northern Ireland) Order 1989,
the reference in paragraph 4(b) to section 10 of that Act shall be taken as a reference to Article 12 of that Order,
the reference in paragraph 4(c) to section 14 of that Act shall be taken as a reference to Article 16 of that Order,
the references in paragraph 9(1) and (2) to “government department” shall be taken as including references to an authorised Northern Ireland department for the purposes of the Crown Proceedings Act 1947,
the reference in paragraph 10(2) to “Crown Court Rules” shall be taken as a reference to county court rules,
the reference in paragraph 17 to sections 21 and 22 of the Police and Criminal Evidence Act 1984 shall be taken as a reference to Articles 23 and 24 of the Police and Criminal Evidence (Northern Ireland) Order 1989, and
references to “a Circuit judge” shall be taken as references to a county court judge.
The Secretary of State may by a written order which relates to specified premises give to any constable in Northern Ireland— An order shall not be made under this paragraph unless— The Secretary of State may make an order under sub-paragraph (1)(a) in relation to particular premises only if satisfied— The Secretary of State may make an order under sub-paragraph (1)(b) in relation to particular premises if satisfied that an order made under paragraph 5 in relation to material on the premises has not been complied with. The Secretary of State may also make an order under sub-paragraph (1)(b) in relation to particular premises if satisfied that there are reasonable grounds for believing that— An order under sub-paragraph (1)(b) may not be made except in the circumstances specified in sub-paragraphs (4) and (5). A person commits an offence if he wilfully obstructs a search under this paragraph. A person guilty of an offence under sub-paragraph (7) shall be liable on summary conviction to—
The Secretary of State may exercise the power to make an order under paragraph 5 in relation to any person in Northern Ireland who is specified in the order. An order shall not be made by virtue of this paragraph unless it appears to the Secretary of State that the information which it would be necessary to provide to a county court judge in support of an application for an order under paragraph 5 would, if disclosed— Paragraphs 5 to 9 shall apply to the making of an order under paragraph 5 by virtue of this paragraph with the following modifications— Paragraph 10 shall not apply in relation to an order made under paragraph 5 by virtue of this paragraph. The Secretary of State may vary or revoke an order made by virtue of this paragraph. A person commits an offence if he contravenes an order made by virtue of this paragraph. A person guilty of an offence under sub-paragraph (6) shall be liable—
The Secretary of State may by a written order require any person in Northern Ireland who is specified in the order to provide an explanation of any material— The provisions of paragraphs 13(2) to (4) and 14 shall apply to an order under this paragraph as they apply to an order under paragraph 13. The provisions of paragraph 16(3) to (5) shall apply to an order under this paragraph as they apply to a notice under paragraph 16.
The procurator fiscal may apply to the sheriff for an order under this paragraph for the purposes of a terrorist investigation. An application for an order shall relate to particular material, or material of a particular description. An order under this paragraph may require a specified person— For the purposes of this paragraph— Where the sheriff makes an order under sub-paragraph (3)(b) in relation to material on any premises, he may, on the application of the procurator fiscal, order any person who appears to the sheriff to be entitled to grant entry to the premises to allow any constable to enter the premises to obtain access to the material.
The sheriff may grant an application under paragraph 22 if satisfied that the conditions in sub-paragraphs (2) and (3) are satisfied in respect of that material. The first condition is that— The second condition is that there are reasonable grounds for believing that it is in the public interest that the material should be produced or that access to it should be given having regard—
An order under paragraph 22 may be made in relation to a person who appears to the sheriff to be likely to have any of the material to which the application relates in his possession, custody or power within the period of 28 days beginning with the date of the order. Where an order is made under paragraph 22 by virtue of this paragraph, paragraph 22(3) shall apply with the following modifications— Where an order is made under paragraph 22 by virtue of this paragraph, paragraph 22(4) shall not apply and the order—
Subject to paragraph 33(1), an order under paragraph 22 shall have effect notwithstanding any obligation as to secrecy or other restriction on the disclosure of the information imposed by statute or otherwise. Where the material to which an application under paragraph 22 relates consists of information contained in a computer—
An order under paragraph 22 may be made in relation to material in the possession, custody or power of a government department. Where an order is made by virtue of sub-paragraph (1)— In this paragraph “government department” means a public department within the meaning of the Crown Suits Scotland Act 1857 and any part of the Scottish Administration.
Provision may be made by Act of Adjournal as to— The following provisions shall have effect pending the coming into force of an Act of Adjournal under sub-paragraph (1)—
The procurator fiscal may apply to the sheriff to grant a warrant under this paragraph for the purposes of a terrorist investigation. A warrant under this paragraph shall authorise any constable— For the purpose of sub-paragraph (2)(c) material is relevant if the constable has reasonable grounds for believing that it is likely to be of substantial value, whether by itself or together with other material, to a terrorist investigation. The sheriff may grant an application under this paragraph if satisfied— Where a warrant is granted in relation to non-residential premises, the entry and search must be within the period of 24 hours beginning with the time when the warrant is granted. For the purpose of sub-paragraph (5) “non-residential premises” means any premises other than those which the procurator fiscal has reasonable grounds for believing are used wholly or mainly as a dwelling. A warrant under this paragraph may authorise the persons named in the warrant to accompany the constable who is executing it.
The conditions referred to in paragraph 28(4)(c) are— The reasons are—
The procurator fiscal may apply to the sheriff for an order under this paragraph requiring any person specified in the order to provide an explanation of any material— Without prejudice to paragraph 33(1), an order under this paragraph may require a lawyer to provide the name and address of his client. A statement by a person in response to a requirement imposed by an order under this paragraph may only be used in evidence against him— Paragraphs 26 and 27 shall apply to orders under this paragraph as they apply to orders under paragraph 22.
A police officer of at least the rank of superintendent may by a written order signed by him give to any constable the authority which may be given by a search warrant under paragraph 28. An order shall not be made under this paragraph unless the officer has reasonable grounds for believing— Where an order is made under this paragraph particulars of the case shall be notified as soon as is reasonably practicable to the Secretary of State.
If a police officer of at least the rank of superintendent has reasonable grounds for believing that the case is one of great emergency he may by a written notice signed by him require any person specified in the notice to provide an explanation of any material seized in pursuance of an order under paragraph 22. Sub-paragraphs (2) and (3) of paragraph 30 shall apply to a notice under this paragraph as they apply to an order under that paragraph. A person commits an offence if he fails to comply with a notice under this paragraph. It is a defence for a person charged with an offence under sub-paragraph (3) to show that he had a reasonable excuse for his failure. A person guilty of an offence under sub-paragraph (3) is liable on summary conviction to imprisonment for a term not exceeding six months, to a fine not exceeding level 5 on the standard scale or to both.
This Part of this Schedule is without prejudice to any rule of law whereby— are in legal proceedings protected from disclosure on the ground of confidentiality. For the purpose of exercising any powers conferred on him under this Part of this Schedule a constable may, if necessary, open lockfast places on premises specified in an order under paragraph 22, a warrant under paragraph 28 or a notice under paragraph 32. A search of a person under this Part of this Schedule may only be carried out by a person of the same sex.
Section 38.
Where an order has been made under this paragraph in relation to a terrorist investigation, a constable named in the order may require a financial institution to provide customer information for the purposes of the investigation. The information shall be provided— An institution which fails to comply with a requirement under this paragraph shall be guilty of an offence. It is a defence for an institution charged with an offence under sub-paragraph (3) to prove— An institution guilty of an offence under sub-paragraph (3) shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.
An order under paragraph 1 may be made only on the application of—
in England and Wales or Northern Ireland, a police officer of at least the rank of superintendent, or
in Scotland, the procurator fiscal.
An order under paragraph 1 may be made only by—
in England and Wales, a Circuit judge,
in Scotland, the sheriff, or
in Northern Ireland, a county court judge.
Crown Court Rules may make provision about the procedure for an application under paragraph 1. The High Court of Justiciary may, by Act of Adjournal, make provision about the procedure for an application under paragraph 1.
An order under paragraph 1 may be made only if the person making it is satisfied that—
the order is sought for the purposes of a terrorist investigation,
the tracing of terrorist property is desirable for the purposes of the investigation, and
the order will enhance the effectiveness of the investigation.
In this Schedule “financial institution” means— The Secretary of State may by order provide for a class of person— An institution which ceases to be a financial institution for the purposes of this Schedule (whether by virtue of sub-paragraph (2)(b) or otherwise) shall continue to be treated as a financial institution for the purposes of any requirement under paragraph 1 to provide customer information which relates to a time when the institution was a financial institution.
In this Schedule “customer information” means (subject to sub-paragraph (3))— For the purposes of this Schedule there is a business relationship between a financial institution and a person if (and only if)— The Secretary of State may by order provide for a class of information—
This paragraph applies where an offence under paragraph 1(3) is committed by an institution and it is proved that the offence— The officer, as well as the institution, shall be guilty of the offence. Where an individual is convicted of an offence under paragraph 1(3) by virtue of this paragraph, he shall be liable on summary conviction to— In the case of an institution which is a body corporate, in this paragraph “officer” includes— In the case of an institution which is a partnership, in this paragraph “officer” means a partner. In the case of an institution which is an unincorporated association (other than a partnership), in this paragraph “officer” means a person concerned in the management or control of the association.
Customer information provided by a financial institution under this Schedule shall not be admissible in evidence in criminal proceedings against the institution or any of its officers or employees. Sub-paragraph (1) shall not apply in relation to proceedings for an offence under paragraph 1(3) (including proceedings brought by virtue of paragraph 8).
Section 53.
In this Schedule “examining officer” means any of the following— In this Schedule— A place shall be treated as a port for the purposes of this Schedule in relation to a person if an examining officer believes that the person—
An examining officer may question a person to whom this paragraph applies for the purpose of determining whether he appears to be a person falling within section 40(1)(b). This paragraph applies to a person if— This paragraph also applies to a person on a ship or aircraft which has arrived in Great Britain or Northern Ireland. An examining officer may exercise his powers under this paragraph whether or not he has grounds for suspecting that a person falls within section 40(1)(b).
An examining officer may question a person who is in the border area for the purpose of determining whether his presence in the area is connected with his entering or leaving Northern Ireland.
A place in Northern Ireland is within the border area for the purposes of paragraphs 2 and 3 if it is no more than one mile from the border between Northern Ireland and the Republic of Ireland. If a train goes from the Republic of Ireland to Northern Ireland, the first place in Northern Ireland at which it stops for the purpose of allowing passengers to leave is within the border area for the purposes of paragraphs 2 and 3.
A person who is questioned under paragraph 2 or 3 must—
give the examining officer any information in his possession which the officer requests;
give the examining officer on request either a valid passport which includes a photograph or another document which establishes his identity;
declare whether he has with him documents of a kind specified by the examining officer;
give the examining officer on request any document which he has with him and which is of a kind specified by the officer.
For the purposes of exercising a power under paragraph 2 or 3 an examining officer may— For the purpose of detaining a person under this paragraph, an examining officer may authorise the person’s removal from a ship, aircraft or vehicle. Where a person is detained under this paragraph the provisions of Part I of Schedule 8 (treatment) shall apply. A person detained under this paragraph shall (unless detained under any other power) be released not later than the end of the period of nine hours beginning with the time when his examination begins.
For the purpose of satisfying himself whether there are any persons whom he may wish to question under paragraph 2 an examining officer may—
search a ship or aircraft;
search anything on a ship or aircraft;
search anything which he reasonably believes has been, or is about to be, on a ship or aircraft.
An examining officer who questions a person under paragraph 2 may, for the purpose of determining whether he falls within section 40(1)(b)— Where an examining officer questions a person in the border area under paragraph 2 he may (in addition to the matters specified in sub-paragraph (1)), for the purpose of determining whether the person falls within section 40(1)(b)— A search of a person under this paragraph must be carried out by someone of the same sex.
An examining officer may examine goods to which this paragraph applies for the purpose of determining whether they have been used in the commission, preparation or instigation of acts of terrorism. This paragraph applies to goods which have arrived in or are about to leave Great Britain or Northern Ireland on a ship, aircraft or vehicle. In this paragraph “goods” includes— An examining officer may board a ship or aircraft or enter a vehicle for the purpose of determining whether to exercise his power under this paragraph.
An examining officer may authorise a person to carry out on his behalf a search or examination under any of paragraphs 7 to 9. A person authorised under this paragraph shall be treated as an examining officer for the purposes of—
This paragraph applies to anything which— An examining officer may detain the thing—
This paragraph applies to a journey— Where a ship or aircraft is employed to carry passengers for reward on a journey to which this paragraph applies the owners or agents of the ship or aircraft shall not arrange for it to call at a port in Great Britain or Northern Ireland for the purpose of disembarking or embarking passengers unless— Where an aircraft is employed on a journey to which this paragraph applies otherwise than to carry passengers for reward, the captain of the aircraft shall not permit it to call at or leave a port in Great Britain or Northern Ireland unless— A designated port is a port which appears in the Table at the end of this Schedule. The Secretary of State may by order—
The Secretary of State may by notice in writing to the owners or agents of ships or aircraft— Where owners or agents of a ship or aircraft receive notice under sub-paragraph (1) in relation to a port they shall take all reasonable steps to ensure, in respect of the ship or aircraft—
The Secretary of State may by notice in writing to persons concerned with the management of a port in the United Kingdom (“the port managers”)— Where port managers receive notice under sub-paragraph (1) they shall take all reasonable steps to comply with any requirement set out in the notice.
This paragraph applies to a ship employed to carry passengers for reward, or an aircraft, which— The captain shall ensure— Where paragraph 27 of Schedule 2 to the Immigration Act 1971 (disembarkation requirements on arrival in the United Kingdom) applies, the requirements of sub-paragraph (2)(a) above are in addition to the requirements of paragraph 27 of that Schedule.
The Secretary of State may by order make provision requiring a person to whom this paragraph applies, if required to do so by an examining officer, to complete and produce to the officer a card containing such information in such form as the order may specify. An order under this paragraph may require the owners or agents of a ship or aircraft employed to carry passengers for reward to supply their passengers with cards in the form required by virtue of sub-paragraph (1). This paragraph applies to a person—
This paragraph applies to a ship or aircraft which— If an examining officer gives the owners or agents of a ship or aircraft to which this paragraph applies a written request to provide specified information, the owners or agents shall comply with the request as soon as is reasonably practicable. A request to an owner or agent may relate— Information may be specified in a request only if it is of a kind which is prescribed by order of the Secretary of State and which relates— A passenger or member of the crew on a ship or aircraft shall give the captain any information required for the purpose of enabling the owners or agents to comply with a request under this paragraph. Sub-paragraphs (2) and (5) shall not require the provision of information which is required to be provided under or by virtue of paragraph 27(2) or 27B of Schedule 2 to the Immigration Act 1971.
A person commits an offence if he— A person guilty of an offence under this paragraph shall be liable on summary conviction to— Seaports Airports Ardrossan Aberdeen Cairnryan Biggin Hill Campbeltown Birmingham Fishguard Blackpool Fleetwood Bournemouth (Hurn) Heysham Bristol Holyhead Cambridge Pembroke Dock Cardiff Plymouth Carlisle Poole Harbour Coventry Port of Liverpool East Midlands Portsmouth Continental Ferry Port Edinburgh Southampton Exeter Stranraer Glasgow Swansea Gloucester/Cheltenham (Staverton) Torquay Humberside Troon Leeds/Bradford Weymouth Liverpool London-City London-Gatwick London-Heathrow Luton Lydd Manchester Manston Newcastle Norwich Plymouth Prestwick Sheffield City Southampton Southend Stansted Teesside Seaports Airports Ballycastle Belfast City Belfast Belfast International Larne City of Derry Port of Londonderry Warrenpoint
Section 41 and Schedule 7, para. 6.
The Secretary of State shall designate places at which persons may be detained under Schedule 7 or section 41. In this Schedule a reference to a police station includes a reference to any place which the Secretary of State has designated under sub-paragraph (1) as a place where a person may be detained under section 41. Where a person is detained under Schedule 7, he may be taken in the custody of an examining officer or of a person acting under an examining officer’s authority to and from any place where his attendance is required for the purpose of— A constable who arrests a person under section 41 shall take him as soon as is reasonably practicable to the police station which the constable considers the most appropriate. In this paragraph “examining officer” has the meaning given in Schedule 7. Where a person is arrested in one Part of the United Kingdom and all or part of his detention takes place in another Part, the provisions of this Schedule which apply to detention in a particular Part of the United Kingdom apply in relation to him while he is detained in that Part.
An authorised person may take any steps which are reasonably necessary for— In sub-paragraph (1) “authorised person” means any of the following— This paragraph does not confer the power to take—
The Secretary of State shall— The Secretary of State may make an order requiring the video recording of— An order under sub-paragraph (2) shall specify whether the video recording which it requires is to be silent or with sound. Where an order is made under sub-paragraph (2)— Where the Secretary of State has made an order under sub-paragraph (2) requiring certain interviews to be video recorded with sound— This paragraph applies to any interview by a constable of a person detained under Schedule 7 or section 41 if the interview takes place in a police station. A code of practice under this paragraph—
This paragraph applies to a code of practice under paragraph 3. Where the Secretary of State proposes to issue a code of practice he shall— The Secretary of State shall lay a draft of the code before Parliament. When the Secretary of State has laid a draft code before Parliament he may bring it into operation by order. The Secretary of State may revise a code and issue the revised code; and sub-paragraphs (2) to (4) shall apply to a revised code as they apply to an original code. The failure by a constable to observe a provision of a code shall not of itself make him liable to criminal or civil proceedings. A code—
A detained person shall be deemed to be in legal custody throughout the period of his detention.
Subject to paragraph 8, a person detained under Schedule 7 or section 41 at a police station in England, Wales or Northern Ireland shall be entitled, if he so requests, to have one named person informed as soon as is reasonably practicable that he is being detained there. The person named must be— Where a detained person is transferred from one police station to another, he shall be entitled to exercise the right under this paragraph in respect of the police station to which he is transferred.
Subject to paragraphs 8 and 9, a person detained under Schedule 7 or section 41 at a police station in England, Wales or Northern Ireland shall be entitled, if he so requests, to consult a solicitor as soon as is reasonably practicable, privately and at any time. Where a request is made under sub-paragraph (1), the request and the time at which it was made shall be recorded.
Subject to sub-paragraph (2), an officer of at least the rank of superintendent may authorise a delay— But where a person is detained under section 41 he must be permitted to exercise his rights under paragraphs 6 and 7 before the end of the period mentioned in subsection (3) of that section. Subject to sub-paragraph (5), an officer may give an authorisation under sub-paragraph (1) only if he has reasonable grounds for believing— Those consequences are— An officer may also give an authorisation under sub-paragraph (1) if he has reasonable grounds for believing that— If an authorisation under sub-paragraph (1) is given orally, the person giving it shall confirm it in writing as soon as is reasonably practicable. Where an authorisation under sub-paragraph (1) is given— Where the reason for authorising delay ceases to subsist there may be no further delay in permitting the exercise of the right in the absence of a further authorisation under sub-paragraph (1). In this paragraph “serious arrestable offence” has the meaning given by section 116 of the Police and Criminal Evidence Act 1984 (in relation to England and Wales) and by Article 87 of the Police and Criminal Evidence (Northern Ireland) Order 1989 (in relation to Northern Ireland); but it also includes—
A direction under this paragraph may provide that a detained person who wishes to exercise the right under paragraph 7 may consult a solicitor only in the sight and hearing of a qualified officer. A direction under this paragraph may be given— A direction under this paragraph may be given only if the officer giving it has reasonable grounds for believing that, unless the direction is given, the exercise of the right by the detained person will have any of the consequences specified in paragraph 8(4) or the consequence specified in paragraph 8(5)(c). In this paragraph “a qualified officer” means a police officer who— A direction under this paragraph shall cease to have effect once the reason for giving it ceases to subsist.
This paragraph applies where a person is detained in England, Wales or Northern Ireland under Schedule 7 or section 41. Fingerprints may be taken from the detained person only if they are taken by a constable— A non-intimate sample may be taken from the detained person only if it is taken by a constable— Fingerprints or a non-intimate sample may be taken from the detained person without the appropriate consent only if— An intimate sample may be taken from the detained person only if— An officer may give an authorisation under sub-paragraph (4)(a) or (5)(c) only if— If an authorisation under sub-paragraph (4)(a) or (5)(c) is given orally, the person giving it shall confirm it in writing as soon as is reasonably practicable.
Before fingerprints or a sample are taken from a person under paragraph 10, he shall be informed— Before fingerprints or a sample are taken from a person upon an authorisation given under paragraph 10(4)(a) or (5)(c), he shall be informed— After fingerprints or a sample are taken under paragraph 10, there shall be recorded as soon as is reasonably practicable any of the following which apply—
This paragraph applies where— An intimate sample may be taken from the person if— Paragraphs 10(6) and (7) and 11 shall apply in relation to the taking of an intimate sample under this paragraph; and a reference to a person detained under section 41 shall be taken as a reference to a person who was detained under section 41 when the non-intimate samples mentioned in sub-paragraph (1)(a) were taken.
Where appropriate written consent to the taking of an intimate sample from a person under paragraph 10 or 12 is refused without good cause, in any proceedings against that person for an offence— An intimate sample other than a sample of urine or a dental impression may be taken under paragraph 10 or 12 only by a registered medical practitioner acting on the authority of a constable. An intimate sample which is a dental impression may be taken under paragraph 10 or 12 only by a registered dentist acting on the authority of a constable. Where a sample of hair other than pubic hair is to be taken under paragraph 10 the sample may be taken either by cutting hairs or by plucking hairs with their roots so long as no more are plucked than the person taking the sample reasonably considers to be necessary for a sufficient sample.
This paragraph applies to— The fingerprints, samples or information may be used only for the purpose of a terrorist investigation. In particular, a check may not be made against them under— except for the purpose of a terrorist investigation. The fingerprints, samples or information may be checked, subject to sub-paragraph (2), against— This paragraph (other than sub-paragraph (4)) shall apply to fingerprints or samples taken under section 15(9) of, or paragraph 7(5) of Schedule 5 to, the Prevention of Terrorism (Temporary Provisions) Act 1989 and information derived from those samples as it applies to fingerprints or samples taken under paragraph 10 or 12 and the information derived from those samples.
In the application of paragraphs 10 to 14 in relation to a person detained in England or Wales the following expressions shall have the meaning given by section 65 of the Police and Criminal Evidence Act 1984 (Part V definitions)— In the application of paragraphs 10 to 14 in relation to a person detained in Northern Ireland the expressions listed in sub-paragraph (1) shall have the meaning given by Article 53 of the Police and Criminal Evidence (Northern Ireland) Order 1989 (definitions). In paragraph 10 “recordable offence” shall have—
A person detained under Schedule 7 or section 41 at a police station in Scotland shall be entitled to have intimation of his detention and of the place where he is being detained sent without delay to a solicitor and to another person named by him. The person named must be— Where a detained person is transferred from one police station to another, he shall be entitled to exercise the right under sub-paragraph (1) in respect of the police station to which he is transferred. A police officer not below the rank of superintendent may authorise a delay in making intimation where, in his view, the delay is necessary on one of the grounds mentioned in paragraph 17(3) or where paragraph 17(4) applies. Where a detained person requests that the intimation be made, there shall be recorded the time when the request is— A person detained shall be entitled to consult a solicitor at any time, without delay. A police officer not below the rank of superintendent may authorise a delay in holding the consultation where, in his view, the delay is necessary on one of the grounds mentioned in paragraph 17(3) or where paragraph 17(4) applies. Subject to paragraph 17, the consultation shall be private. Where a person is detained under section 41 he must be permitted to exercise his rights under this paragraph before the end of the period mentioned in subsection (3) of that section.
An officer not below the rank of Assistant Chief Constable may direct that the consultation mentioned in paragraph 16(6) shall be in the presence of a uniformed officer not below the rank of inspector if it appears to the officer giving the direction to be necessary on one of the grounds mentioned in sub-paragraph (3). A uniformed officer directed to be present during a consultation shall be an officer who, in the opinion of the officer giving the direction, has no connection with the case. The grounds mentioned in paragraph 16(4) and (7) and in sub-paragraph (1) are— This sub-paragraph applies where an officer mentioned in paragraph 16(4) or (7) has reasonable grounds for believing that— Where delay is authorised in the exercising of any of the rights mentioned in paragraph 16(1) and (6)—
Paragraphs 16 and 17 shall have effect, in relation to a person detained under section 41 or Schedule 7, in place of any enactment or rule of law under or by virtue of which a person arrested or detained may be entitled to communicate or consult with any other person. But, where a person detained under Schedule 7 or section 41 at a police station in Scotland appears to a constable to be a child— and in this sub-paragraph “child” and “parent” have the same meaning as in section 15(4) of that Act.
The Secretary of State shall, by order, make provision to require that— as may be specified in the order, where a person detained has been permitted to consult a solicitor, the solicitor shall be allowed to be present at any interview carried out in connection with a terrorist investigation or for the purposes of Schedule 7.
except in such circumstances, and
subject to such conditions,
Subject to the modifications specified in sub-paragraphs (2) and (3), section 18 of the Criminal Procedure (Scotland) Act 1995 (procedure for taking certain prints and samples) shall apply to a person detained under Schedule 7 or section 41 at a police station in Scotland as it applies to a person arrested or a person detained under section 14 of that Act. For subsection (2) of section 18 there shall be substituted— Subsections (3) to (5) shall not apply, but any relevant physical data or sample taken in pursuance of section 18 as applied by this paragraph shall be retained only for the purposes of terrorist investigations.
A person’s detention shall be periodically reviewed by a review officer. The first review shall be carried out as soon as is reasonably practicable after the time of the person’s arrest. Subsequent reviews shall, subject to paragraph 22, be carried out at intervals of not more than 12 hours. No review of a person’s detention shall be carried out after a warrant extending his detention has been issued under Part III.
A review may be postponed if at the latest time at which it may be carried out in accordance with paragraph 21— Where a review is postponed it shall be carried out as soon as is reasonably practicable. For the purposes of ascertaining the time within which the next review is to be carried out, a postponed review shall be deemed to have been carried out at the latest time at which it could have been carried out in accordance with paragraph 21.
A review officer may authorise a person’s continued detention only if satisfied that it is necessary— The review officer shall not authorise continued detention by virtue of sub-paragraph (1)(a) or (b) unless he is satisfied that the investigation in connection with which the person is detained is being conducted diligently and expeditiously. The review officer shall not authorise continued detention by virtue of sub-paragraph (1)(c) to (f) unless he is satisfied that the process pending the completion of which detention is necessary is being conducted diligently and expeditiously. In sub-paragraph (1)(a) and (b) “relevant evidence” means evidence which— In sub-paragraph (1) “deportation notice” means notice of a decision to make a deportation order under the Immigration Act 1971.
The review officer shall be an officer who has not been directly involved in the investigation in connection with which the person is detained. In the case of a review carried out within the period of 24 hours beginning with the time of arrest, the review officer shall be an officer of at least the rank of inspector. In the case of any other review, the review officer shall be an officer of at least the rank of superintendent.
This paragraph applies where— The review officer shall refer the matter at once to an officer of at least the rank of superintendent.
Before determining whether to authorise a person’s continued detention, a review officer shall give either of the following persons an opportunity to make representations about the detention— Representations may be oral or written. A review officer may refuse to hear oral representations from the detained person if he considers that he is unfit to make representations because of his condition or behaviour.
Where a review officer authorises continued detention he shall inform the detained person— Where a review of a person’s detention is being carried out at a time when his exercise of a right under either of those paragraphs is being delayed— In the application of this paragraph to Scotland, for the references to paragraphs 6, 7 and 8 substitute references to paragraph 16. The following provisions (requirement to bring an accused person before the court after his arrest) shall not apply to a person detained under section 41— Section 22(1) of the Criminal Procedure (Scotland) Act 1995 (interim liberation by officer in charge of police station) shall not apply to a person detained under section 41.
A review officer carrying out a review shall make a written record of the outcome of the review and of any of the following which apply— The review officer shall— Sub-paragraph (2) shall not apply where, at the time when the record is made, the detained person is—
A police officer of at least the rank of superintendent may apply to a judicial authority for the issue of a warrant of further detention under this Part. A warrant of further detention— The specified period in relation to a person shall end not later than the end of the period of seven days beginning— In this Part “judicial authority” means—
An application for a warrant shall be made— The judicial authority hearing an application made by virtue of sub-paragraph (1)(b) shall dismiss the application if he considers that it would have been reasonably practicable to make it during the period mentioned in section 41(3). For the purposes of this Schedule, an application for a warrant is made when written or oral notice of an intention to make the application is given to a judicial authority.
An application for a warrant may not be heard unless the person to whom it relates has been given a notice stating—
that the application has been made,
the time at which the application was made,
the time at which it is to be heard, and
the grounds upon which further detention is sought.
A judicial authority may issue a warrant of further detention only if satisfied that— In sub-paragraph (1) “relevant evidence” means, in relation to the person to whom the application relates, evidence which—
The person to whom an application relates shall— A judicial authority shall adjourn the hearing of an application to enable the person to whom the application relates to obtain legal representation where— A judicial authority may exclude any of the following persons from any part of the hearing—
The officer who has made an application for a warrant may apply to the judicial authority for an order that specified information upon which he intends to rely be withheld from— Subject to sub-paragraph (3), a judicial authority may make an order under sub-paragraph (1) in relation to specified information only if satisfied that there are reasonable grounds for believing that if the information were disclosed— A judicial authority may also make an order under sub-paragraph (1) in relation to specified information if satisfied that there are reasonable grounds for believing that— The judicial authority shall direct that the following be excluded from the hearing of the application under this paragraph—
A judicial authority may adjourn the hearing of an application for a warrant only if the hearing is adjourned to a date before the expiry of the period mentioned in section 41(3). This paragraph shall not apply to an adjournment under paragraph 33(2).
A police officer of at least the rank of superintendent may apply to a judicial authority for the extension or further extension of the period specified in a warrant of further detention. Where the period specified is extended, the warrant shall be endorsed with a note stating the new specified period. The specified period shall end not later than the end of the period of seven days beginning— Paragraphs 30(3) and 31 to 34 shall apply to an application under this paragraph as they apply to an application for a warrant of further detention. A judicial authority may adjourn the hearing of an application under sub-paragraph (1) only if the hearing is adjourned to a date before the expiry of the period specified in the warrant. Sub-paragraph (5) shall not apply to an adjournment under paragraph 33(2).
A person detained by virtue of a warrant issued under this Part shall (unless detained in accordance with section 41(5) or (6) or under any other power) be released immediately if the officer having custody of him becomes aware that any of the grounds under paragraph 32(1)(a) and (b) upon which the judicial authority authorised his further detention have ceased to apply.
Section 65.
Murder subject to note 1 below.
Manslaughter subject to note 1 below.
Riot subject to note 1 below.
Kidnapping subject to note 1 below.
False imprisonment subject to note 1 below.
Offences under section 35 of the Malicious Damage Act 1861 (interference with railway) subject to note 1 below.
Offences under the following provisions of the Offences against the Person Act 1861 subject to note 1 below—
section 4 (offences relating to murder),
section 16 (threats to kill),
section 18 (wounding with intent to cause grievous bodily harm),
section 20 (causing grievous bodily harm),
section 29 (causing explosion or sending explosive substance or throwing corrosive liquid with intent to cause grievous bodily harm), and
section 47 (assault occasioning actual bodily harm).
Offences under the following provisions of the Explosive Substances Act 1883 subject to note 1 below—
section 2 (causing explosion likely to endanger life or damage property),
section 3 (intending or conspiring to cause any such explosion, and making or possessing explosive with intent to endanger life or cause serious damage to property), and
section 4 (making or possessing explosives in suspicious circumstances).
Offences under the following provisions of the Prison Act (Northern Ireland) 1953 subject to note 1 below—
section 25 (being unlawfully at large while under sentence),
section 26 (escaping from lawful custody and failing to surrender to bail),
section 27 (attempting to break prison),
section 28 (breaking prison by force or violence),
section 29 (rescuing or assisting or permitting to escape from lawful custody persons under sentence of death or life imprisonment),
section 30 (rescuing or assisting or permitting to escape from lawful custody persons other than persons under sentence of death or life imprisonment),
section 32 (causing discharge of prisoner under pretended authority), and
section 33 (assisting prisoners to escape by conveying things into prisons).
Offences under the following provisions of the Theft Act (Northern Ireland) 1969—
section 1 (theft) subject to note 2 below,
section 8 (robbery) subject to notes 1 and 3 below,
section 9 (burglary) subject to note 2 below,
section 10 (aggravated burglary) subject to notes 1 and 3 below,
section 15 (obtaining property by deception) subject to note 2 below, and
section 20 (blackmail) subject to notes 1 and 2 below.