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Home > Human Rights & Humanitarian Law > Armed Conflict & the Law > What is Terrorism? > Terrorism: United Kingdom Law & Practise > UK Terrorism Act 2000 - Index > Parts 1 to V : Sections 1 to 53 > Parts VI to VII: Sections 54 to 119 > Part VIII: Sections 114 to 131 > Schedules 1 to 4 > Schedules 5 to 10 > Schedules 11 to end
UK Terrorism Act 2000
Parts VI to VII: Sections 54 to 119
| PART VI | |
| MISCELLANEOUS | |
Terrorist offences |
|
| Weapons training. | 54. - (1) A person
commits an offence if he provides instruction or training in the making or use of- |
(a) firearms, |
|
(b) explosives, or |
|
(c) chemical, biological or nuclear weapons. |
|
| (2) A person commits an offence if he receives
instruction or training in the making or use of- |
|
(a) firearms, |
|
(b) explosives, or |
|
(c) chemical, biological or nuclear weapons. |
|
| (3) A person commits an offence if he invites
another to receive instruction or training and the receipt- |
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(a) would constitute an offence under subsection (2), or |
|
(b) would constitute an offence under subsection (2) but for the fact that it is to take place outside the United Kingdom. |
|
| (4) For the purpose of subsections (1) and (3)- |
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(a) a reference to the provision of instruction includes a reference to making it available either generally or to one or more specific persons, and |
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(b) an invitation to receive instruction or training may be either general or addressed to one or more specific persons. |
|
| (5) 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. |
|
| (6) A person guilty of an offence under this
section shall be liable- |
|
(a) on conviction on indictment, to imprisonment for a term not exceeding ten years, to a fine or to both, or |
|
(b) on summary conviction, to imprisonment for a term not exceeding six months, to a fine not exceeding the statutory maximum or to both. |
|
| (7) 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. |
|
| (8) 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. |
|
| (9) 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). |
|
| Weapons training: interpretation. | 55. In section 54- |
"biological weapon" means anything to which section 1(1)(b) of the Biological Weapons Act 1974 applies, |
|
"chemical weapon" has the meaning given by section 1 of the Chemical Weapons Act 1996, and |
|
"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). |
|
| Directing terrorist organisation. | 56. - (1) 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. |
| (2) A person guilty of an offence under this
section is liable on conviction on indictment to imprisonment for life. |
|
| Possession for terrorist purposes. | 57. - (1) 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. |
| (2) 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. |
|
| (3) In proceedings for an offence under this
section, if it is proved that an article- |
|
(a) was on any premises at the same time as the accused, or |
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(b) was on premises of which the accused was the occupier or which he habitually used otherwise than as a member of the public, |
|
| 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. |
|
| (4) A person guilty of an offence under this
section shall be liable- |
|
(a) on conviction on indictment, to imprisonment for a term not exceeding 10 years, to a fine or to both, or |
|
(b) on summary conviction, to imprisonment for a term not exceeding six months, to a fine not exceeding the statutory maximum or to both. |
|
| Collection of information. | 58. - (1) A person
commits an offence if- |
(a) 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 |
|
(b) he possesses a document or record containing information of that kind. |
|
| (2) In this section "record" includes a
photographic or electronic record. |
|
| (3) 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. |
|
| (4) A person guilty of an offence under this
section shall be liable- |
|
(a) on conviction on indictment, to imprisonment for a term not exceeding 10 years, to a fine or to both, or |
|
(b) on summary conviction, to imprisonment for a term not exceeding six months, to a fine not exceeding the statutory maximum or to both. |
|
| (5) 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). |
|
| (6) 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. |
|
| (7) 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). |
| PART VII | |
| NORTHERN IRELAND | |
Scheduled offences |
|
| Scheduled offence: interpretation. | 65. - (1) 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. |
| (2) Part II of that Schedule shall have effect in
respect of offences related to those specified in Part I. |
|
| (3) The Secretary of State may by order- |
|
(a) add an offence to Part I or II of Schedule 9; |
|
(b) remove an offence from Part I or II of that Schedule; |
|
(c) amend Part I or II of that Schedule in some other way. |
|
| Preliminary inquiry. | 66. - (1) 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. |
| (2) In subsection (1) "preliminary
inquiry" means a preliminary inquiry under the Magistrates' Courts (Northern Ireland)
Order 1981. |
|
| (3) Subsection (1)- |
|
(a) shall apply notwithstanding anything in Article 31 of that Order, |
|
(b) 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 |
|
(c) shall not apply in respect of an extra-territorial offence (as defined in section 1(3) of the Criminal Jurisdiction Act 1975)). |
|
| (4) 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. |
|
| Limitation of power to grant bail. | 67. - (1) This section
applies to a person who- |
(a) has attained the age of fourteen, and |
|
(b) 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. |
|
| (2) Subject to subsections (6) and (7), a person
to whom this section applies shall not be admitted to bail except- |
|
(a) by a judge of the High Court or the Court of Appeal, or |
|
(b) by the judge of the court of trial on adjourning the trial of a person charged with a scheduled offence. |
|
| (3) 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- |
|
(a) fail to surrender to custody, |
|
(b) commit an offence while on bail, |
|
(c) interfere with a witness, |
|
(d) otherwise obstruct or attempt to obstruct the course of justice, whether in relation to himself or another person, or |
|
(e) fail to comply with conditions of release (if any). |
|
| (4) 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)- |
|
(a) the nature and seriousness of the offence with which the person is charged, |
|
(b) the character, antecedents, associations and community ties of the person, |
|
(c) 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 |
|
(d) the strength of the evidence of his having committed the offence. |
|
| (5) 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- |
|
(a) likely to result in the person's appearance at the time and place required, or |
|
(b) necessary in the interests of justice or for the prevention of crime. |
|
| (6) Subsection (7) applies where a person to whom
this section applies is a serving member of- |
|
(a) any of Her Majesty's forces, or |
|
(b) the Royal Ulster Constabulary or the Royal Ulster Constabulary Reserve. |
|
| (7) 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- |
|
(a) bail on that condition may be granted by a judge or a resident magistrate, and |
|
(b) it shall be lawful for the person to be held in military or police custody in accordance with the conditions of his bail. |
|
| Bail: legal aid. | 68. - (1) Where it
appears to a judge of the High Court or the Court of Appeal- |
(a) that a person charged with a scheduled offence intends to apply to be admitted to bail, |
|
(b) that it is desirable in the interests of justice that he should have legal aid, and |
|
(c) that he has not sufficient means to enable him to obtain that aid, |
|
| the judge may assign to him a solicitor and counsel, or counsel only, in
the application for bail. |
|
| (2) If on a question of granting a person free
legal aid under this section there is a doubt- |
|
(a) whether his means are sufficient to enable him to obtain legal aid, or |
|
(b) whether it is desirable in the interests of justice that he should have free legal aid, |
|
| the doubt shall be resolved in favour of granting him free legal aid. |
|
| (3) 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. |
|
| Maximum period of remand in custody. | 69. - (1) 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. |
| (2) Subsection (1) has effect- |
|
(a) notwithstanding Article 47(2) and (3) of the Magistrates' Courts (Northern Ireland) Order 1981, and |
|
(b) whether or not a person is also charged with a non-scheduled offence. |
|
| Young persons: custody on remand, &c. | 70. - (1) 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. |
| (2) Subsection (1) shall have effect in respect
of a person- |
|
(a) notwithstanding the provisions of any enactment, and |
|
(b) whether or not he was remanded or committed for trial at a time when this section was not in force. |
|
| (3) 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- |
|
(a) to prevent his escape, or |
|
(b) to ensure his safety or the safety of others. |
|
| (4) The Secretary of State may give a direction
under this section at any time after the person to whom it relates has been charged. |
|
| (5) In this section "young person"
means a person who- |
|
(a) has attained the age of fourteen, and |
|
(b) has not attained the age of seventeen. |
|
| Directions under section 70. | 71. - (1) A direction
under section 70 shall cease to have effect at the expiry of the period specified in the
direction unless- |
(a) it has previously ceased to have effect, or |
|
(b) it is continued in force by a further direction. |
|
| (2) The specified period shall not end after the
end of the period of two months beginning with the date of the direction. |
|
| (3) Where- |
|
(a) a person is held in custody in a prison or other place by virtue of a direction, and |
|
(b) the direction ceases to have effect (whether or not by reason of the expiry or cesser of section 70), |
|
| 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. |
|
| (4) Nothing in subsection (3) shall be taken as
permitting the holding in custody of a person who is entitled to be released from custody. |
|
| Time limits for preliminary proceedings. | 72. - (1) 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- |
(a) to be allowed to the prosecution to complete the stage; |
|
(b) 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. |
|
| (2) The regulations may, in particular- |
|
(a) 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); |
|
(b) 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; |
|
(c) 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; |
|
(d) 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; |
|
(e) enable the Crown Court in specified circumstances to extend or further extend a time limit at any time before it expires. |
|
| (3) 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. |
|
| (4) Regulations under this section which provide
for a custody time limit in relation to a preliminary stage shall have no effect where- |
|
(a) a person escapes from the custody of a magistrates' court or the Crown Court before the expiry of the custody time limit, |
|
(b) 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 |
|
(c) 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. |
|
| (5) 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. |
|
| (6) 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. |
|
| Time limits: supplementary. | 73. - (1) 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. |
| (2) In the application of section 72 in relation
to proceedings on indictment, "preliminary stage" does not include a stage- |
|
(a) after the time when the case for the prosecution is opened, or |
|
(b) if the court accepts a plea of guilty before the case for the prosecution is opened, after the plea is accepted. |
|
| (3) In the application of section 72 in relation
to summary proceedings, "preliminary stage" does not include a stage- |
|
(a) after the court begins to hear evidence for the prosecution at the trial, |
|
(b) if the court accepts a plea of guilty before it has begun to hear evidence for the prosecution, after the plea is accepted, or |
|
(c) 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). |
|
| (4) In this section and section 72- |
|
"custody of the Crown Court" includes custody to which a person is committed in pursuance of- |
|
(a) Article 37 or 40(4) of the Magistrates' Courts (Northern Ireland) Order 1981 (magistrates' court committing accused for trial), or |
|
(b) section 51(8) of the Judicature (Northern Ireland) Act 1978 (magistrates' court dealing with a person arrested under Crown Court warrant), |
|
"custody of a magistrates' court" means custody to which a person is committed in pursuance of Article 47 or 49 of the Magistrates' Courts (Northern Ireland) Order 1981 (remand), |
|
"custody time limit" means a time limit imposed by regulations in pursuance of section 72(1)(b) or, where a limit has been extended by the Crown Court by virtue of section 72(2)(e), the limit as extended, |
|
"law about bail" means- |
|
(a) the Magistrates' Courts (Northern Ireland) Order 1981, |
|
(b) section 67 of this Act, |
|
(c) any other enactment relating to bail, and |
|
(d) any rule of law relating to bail, and |
|
"overall time limit" means a time limit imposed by regulations in pursuance of section 72(1)(a) or, where a limit has been extended by the Crown Court by virtue of section 72(2)(e), the limit as extended. |
|
| (5) 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- |
|
(a) 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 |
|
(b) 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. |
|
| Court for trial. | 74. - (1) A trial on
indictment of a scheduled offence shall be held only at the Crown Court sitting in
Belfast, unless- |
(a) 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 |
|
(b) the Lord Chief Justice of Northern Ireland directs that the trial, or part of it, shall be held at the Crown Court sitting elsewhere. |
|
| (2) 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- |
|
(a) to the Crown Court sitting in Belfast, or |
|
(b) 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; |
|
| and section 48 of the Judicature (Northern Ireland) Act 1978 (committal
for trial on indictment) shall have effect accordingly. |
|
| (3) Where- |
|
(a) a person is committed for trial to the Crown Court sitting in Belfast in accordance with subsection (2), and |
|
(b) a direction is subsequently given under subsection (1), before the commencement of the trial, altering the place of trial, |
|
| the person shall be treated as having been committed for trial to the
Crown Court sitting at the place specified in the direction. |
|
| Mode of trial on indictment. | 75. - (1) A trial on
indictment of a scheduled offence shall be conducted by the court without a jury. |
| (2) 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). |
|
| (3) 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. |
|
| (4) 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. |
|
| (5) 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). |
|
| (6) Without prejudice to subsection (2), where
the court trying a scheduled offence on indictment- |
|
(a) is not satisfied that the accused is guilty of the offence, but |
|
(b) 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, |
|
| the court may convict him of the non-scheduled offence. |
|
| (7) 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. |
|
| (8) 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- |
|
(a) 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; |
|
(b) against sentence passed on conviction, without that leave, unless the sentence is fixed by law. |
|
| (9) 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. |
|
| Admission in trial on indictment. | 76. - (1) This section
applies to a trial on indictment for- |
(a) a scheduled offence, or |
|
(b) two or more offences at least one of which is a scheduled offence. |
|
| (2) A statement made by the accused may be given
in evidence by the prosecution in so far as- |
|
(a) it is relevant to a matter in issue in the proceedings, and |
|
(b) it is not excluded or inadmissible (whether by virtue of subsections (3) to (5) or otherwise). |
|
| (3) Subsections (4) and (5) apply if in
proceedings to which this section applies- |
|
(a) the prosecution gives or proposes to give a statement made by the accused in evidence, |
|
(b) 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 |
|
(c) the prosecution does not satisfy the court that the statement was not obtained in the manner mentioned in paragraph (b). |
|
| (4) If the statement has not yet been given in
evidence, the court shall- |
|
(a) exclude the statement, or |
|
(b) direct that the trial be restarted before a differently constituted court (before which the statement shall be inadmissible). |
|
| (5) If the statement has been given in evidence,
the court shall- |
|
(a) disregard it, or |
|
(b) direct that the trial be restarted before a differently constituted court (before which the statement shall be inadmissible). |
|
| (6) This section is without prejudice to any
discretion of a court to- |
|
(a) exclude or ignore a statement, or |
|
(b) direct a trial to be restarted, |
|
| where the court considers it appropriate in order to avoid unfairness to
the accused or otherwise in the interests of justice. |
| Possession: onus of proof. | 77. - (1) 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). |
| (2) If it is proved that the article- |
|
(a) was on any premises at the same time as the accused, or |
|
(b) was on premises of which the accused was the occupier or which he habitually used otherwise than as a member of the public, |
|
| 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. |
|
| (3) The following are the offences mentioned in
subsection (1)- |
|
The Explosive Substances Act 1883 |
|
| Section 3, so far as relating to subsection
(1)(b) thereof (possessing explosive with intent to endanger life or cause serious damage
to property). |
|
| Section 4 (possessing explosive in suspicious
circumstances). |
|
The Protection of the Person and Property Act (Northern Ireland) 1969 |
|
| Section 2 (possessing petrol bomb, &c. in
suspicious circumstances). |
|
The Firearms (Northern Ireland) Order 1981 |
|
| Article 6(1) (manufacturing, dealing in or
possessing certain weapons, &c.). |
|
| Article 17 (possessing firearm or ammunition
with intent to endanger life or cause serious damage to property). |
|
| Article 18(2) (possessing firearm or
imitation firearm at time of committing, or being arrested for, a specified offence). |
|
| Article 22(1), (2) or (4)
(possession of a firearm or ammunition by a person who has been sentenced to imprisonment,
&c.). |
|
| Article 23 (possessing firearm or ammunition in
suspicious circumstances). |
|
| Children: sentence. | 78. - (1) This section
applies where a child is convicted on indictment of a scheduled offence committed while
this section is in force. |
| (2) 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". |
|
| (3) In this section "child" means a
person who has not attained the age of 17. |
|
| Restricted remission. | 79. - (1) 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. |
| (2) 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. |
|
| (3) 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. |
|
| (4) In this section "prison rules"
means rules made under section 13 of the Prison Act (Northern Ireland) 1953. |
|
| (5) 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). |
|
| (6) This section applies where- |
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(a) the scheduled offence is committed while this section is in force, |
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(b) 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, |
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(c) 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 |
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(d) 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. |
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| Conviction during remission. | 80. - (1) This section
applies where- |
(a) a person is sentenced to imprisonment or a term of detention in a young offenders centre for a period exceeding one year, |
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(b) he is discharged from prison or the centre in pursuance of prison rules, and |
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(c) before his sentence or term would have expired (but for the discharge) he commits, and is convicted on indictment of, a scheduled offence. |
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| (2) 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. |
|
| (3) No order shall be made under subsection (2)
if the sentence imposed by the court is- |
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(a) a suspended sentence, |
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(b) a sentence of life imprisonment, or |
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(c) a sentence of detention during the Secretary of State's pleasure under Article 45(1) of the Criminal Justice (Children) (Northern Ireland) Order 1998. |
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| (4) An order made under subsection (2) shall
cease to have effect if an appeal against the scheduled offence results in- |
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(a) the acquittal of the person concerned, or |
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(b) the substitution of a sentence other than imprisonment or a term of detention. |
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| (5) The period for which a person is ordered
under this section to be returned to prison or a young offenders centre- |
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(a) 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), |
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(b) shall not be subject to any provision of prison rules for discharge before expiry, and |
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(c) 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. |
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| (6) 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- |
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(a) the date on which a person was discharged from prison or a young offenders centre, |
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(b) 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 |
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(c) 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, |
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| shall be evidence of the matters specified. |
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| (7) In this section- |
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"prison rules" means rules made under section 13 of the Prison Act (Northern Ireland) 1953, "sentence of imprisonment" does not include a committal in default of payment of any sum of money or for want of sufficient distress to satisfy any sum of money or for failure to do or abstain from doing anything required to be done or left undone, and |
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| |
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"young offenders centre" has the meaning assigned to it by section 2(a) of the Treatment of Offenders Act (Northern Ireland) 1968. |
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| (8) 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- |
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(a) a sentence or term passed by a court in the United Kingdom or any of the Islands, and |
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(b) 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. |
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| (9) The Secretary of State may by order
substitute a different period for the period of one year mentioned in subsection (1). |
|
| (10) This section applies irrespective of when
the discharge from prison or a young offenders centre took place but only if- |
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(a) the scheduled offence is committed while this section is in force, |
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(b) 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, |
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(c) 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 |
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(d) 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. |
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Powers of arrest, search, &c. |
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| Arrest of suspected terrorists: power of entry. | 81. 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. |
| Arrest and seizure: constables. | 82. - (1) 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) a scheduled offence, or |
|
(b) a non-scheduled offence under this Act. |
|
| (2) 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. |
|
| (3) 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) a scheduled offence, or |
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(b) a non-scheduled offence under this Act. |
| Arrest and seizure: armed forces. | 83. - (1) 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- |
(a) arrest the person without warrant, and |
|
(b) detain him for a period not exceeding four hours. |
|
| (2) 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. |
|
| (3) 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. |
|
| (4) If a member of Her Majesty's forces
reasonably suspects that a person- |
|
(a) is a terrorist (within the meaning of Part V), or |
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(b) has committed an offence involving the use or possession of an explosive or firearm, |
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| he may enter and search any premises where he reasonably suspects the
person to be for the purpose of arresting him under this section. |
|
| (5) 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. |
|
| (6) 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. |
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| Munitions and transmitters. | 84. Schedule 10 (which
confers power to search for munitions and transmitters) shall have effect. |
| Explosives inspectors. | 85. - (1) An explosives
inspector may enter and search any premises for the purpose of ascertaining whether any
explosive is unlawfully there. |
| (2) The power under subsection (1) may not be
exercised in relation to a dwelling. |
|
| (3) 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. |
|
| (4) An explosives inspector- |
|
(a) 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 |
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(b) may retain and, if necessary, destroy it. |
|
| (5) In this section "explosives
inspector" means an inspector appointed under section 53 of the Explosives Act 1875. |
|
| Unlawfully detained persons. | 86. - (1) 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. |
| (2) In this section "officer" means- |
|
(a) a member of Her Majesty's forces on duty, or |
|
(b) a constable. |
|
| (3) A dwelling may be entered under subsection
(1) only by- |
|
(a) a member of Her Majesty's forces authorised for the purpose by a commissioned officer of those forces, or |
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(b) a constable authorised for the purpose by an officer of the Royal Ulster Constabulary of at least the rank of inspector. |
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| Examination of documents. | 87. - (1) A member of Her
Majesty's forces or a constable who performs a search under a provision of this Part- |
(a) 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 |
|
(b) 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. |
|
| (2) 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). |
|
| (3) 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. |
|
| (4) 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. |
|
| (5) 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). |
|
| (6) 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. |
|
| (7) A person guilty of an offence under
subsection (6) shall be liable- |
|
(a) on conviction on indictment, to imprisonment for a term not exceeding two years, to a fine or to both, or |
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(b) on summary conviction, to imprisonment for a term not exceeding six months, to a fine not exceeding the statutory maximum or to both. |
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| Examination of documents: procedure. | 88. - (1) Where a
document or record is examined under section 87- |
(a) it shall not be photographed or copied, and |
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(b) the person who examines it shall make a written record of the examination as soon as is reasonably practicable. |
|
| (2) The record shall- |
|
(a) describe the document or record, |
|
(b) specify the object of the examination, |
|
(c) state the address of the premises where the document or record was found, |
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(d) where the document or record was found in the course of a search of a person, state the person's name, |
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(e) 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, |
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(f) 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 |
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(g) where the document or record was examined at the place where it was found, state the date and time of examination. |
|
| (3) The record shall identify the person by whom
the examination was carried out- |
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(a) in the case of a constable, by reference to his police number, and |
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(b) in the case of a member of Her Majesty's forces, by reference to his service number, rank and regiment. |
|
| (4) 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-
|
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(a) in a case where the document or record was found in the course of a search of a person, to that person, and |
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(b) 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. |
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| Power to stop and question. | 89. - (1) An officer may
stop a person for so long as is necessary to question him to ascertain- |
(a) his identity and movements; |
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(b) what he knows about a recent explosion or another recent incident endangering life; |
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(c) what he knows about a person killed or injured in a recent explosion or incident. |
|
| (2) A person commits an offence if he- |
|
(a) fails to stop when required to do so under this section, |
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(b) refuses to answer a question addressed to him under this section, or |
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(c) fails to answer to the best of his knowledge and ability a question addressed to him under this section. |
|
| (3) 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. |
|
| (4) In this section "officer" means- |
|
(a) a member of Her Majesty's forces on duty, or |
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(b) a constable. |
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| Power of entry. | 90. - (1) 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. |
| (2) In this section "officer" means- |
|
(a) a member of Her Majesty's forces on duty, or |
|
(b) a constable. |
| Taking possession of land, &c. | 91. If the Secretary of
State considers it necessary for the preservation of the peace or the maintenance of
order, he may authorise a person- |
(a) to take possession of land or other property; |
|
(b) to take steps to place buildings or other structures in a state of defence; |
|
(c) to detain property or cause it to be destroyed or moved; |
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(d) to carry out works on land of which possession has been taken by virtue of this section; |
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(e) to take any other action which interferes with a public right or with a private right of property. |
|
| Road closure: permission. | 92. - (1) If he considers
it immediately necessary for the preservation of the peace or the maintenance of order, an
officer may- |
(a) wholly or partly close a road; |
|
(b) divert or otherwise interfere with a road or the use of a road; |
|
(c) prohibit or restrict the exercise of a right of way; |
|
(d) prohibit or restrict the use of a waterway. |
|
| (2) In this section "officer" means- |
|
(a) a member of Her Majesty's forces on duty, |
|
(b) a constable, or |
|
(c) a person authorised for the purposes of this section by the Secretary of State. |
|
| Sections 91 and 92: supplementary. | 93. - (1) A person
commits an offence if he interferes with- |
(a) works executed in connection with the exercise of powers conferred by virtue of section 91 or 92, or |
|
(b) any apparatus, equipment or other thing used in connection with the exercise of those powers. |
|
| (2) 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. |
|
| (3) A person guilty of an offence under this
section shall be liable on summary conviction to- |
|
(a) imprisonment for a term not exceeding six months, |
|
(b) a fine not exceeding level 5 on the standard scale, or |
|
(c) both. |
|
| (4) An authorisation to exercise powers under
section 91 or 92 may authorise- |
|
(a) the exercise of all those powers, or |
|
(b) the exercise of a specified power or class of powers. |
|
| (5) An authorisation to exercise powers under
section 91 or 92 may be addressed- |
|
(a) to specified persons, or |
|
(b) to persons of a specified class. |
|
| Road closure: direction. | 94. - (1) 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- |
(a) shall be wholly closed, |
|
(b) shall be closed to a specified extent, or |
|
(c) shall be diverted in a specified manner. |
|
| (2) A person commits an offence if he interferes
with- |
|
(a) road closure works, or |
|
(b) road closure equipment. |
|
| (3) A person commits an offence if- |
|
(a) he executes any bypass works within 200 metres of road closure works, |
|
(b) 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 |
|
(c) he knowingly permits on land occupied by him the doing or occurrence of anything which is an offence under paragraph (a) or (b). |
|
| (4) 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. |
|
| (5) A person guilty of an offence under this
section shall be liable on summary conviction to- |
|
(a) imprisonment for a term not exceeding six months, |
|
(b) a fine not exceeding level 5 on the standard scale, or |
|
(c) both. |
|
| (6) In this section- |
|
"bypass works" means works which facilitate the bypassing by vehicles of road closure works, |
|
"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 |
|
"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). |
|
| Sections 81 to 94: supplementary. | 95. - (1) This section
applies in relation to sections 81 to 94. |
| (2) A power to enter premises may be exercised by
reasonable force if necessary. |
|
| (3) A power to search premises shall, in its
application to vehicles (by virtue of section 121), be taken to include- |
|
(a) power to stop a vehicle (other than an aircraft which is airborne), and |
|
(b) 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. |
|
| (4) A person commits an offence if he fails to
stop a vehicle when required to do so by virtue of this section. |
|
| (5) A person guilty of an offence under
subsection (4) shall be liable on summary conviction to- |
|
(a) imprisonment for a term not exceeding six months, |
|
(b) a fine not exceeding level 5 on the standard scale, or |
|
(c) both. |
|
| (6) In the application to a place or vehicle (by
virtue of section 121) of a power to search premises- |