40 Payments in respect of the provision of security services.
(1) Any person who, in respect of the provision of security services, pays any sum of money to a person who is neither—
(a) the holder of a certificate in force under this Part of this Act, nor
(b) a person acting on behalf of the holder of such a certificate,
is guilty of an offence.
(2) A person guilty of an offence under subsection (1) above is liable on summary conviction to imprisonment for a term not exceeding six months or a fine not exceeding level 5 on the standard scale or both.
(3) It shall be a defence for a person charged with an offence under subsection (1) above to prove that, at the time when he paid the money in question, he had reasonable grounds for believing that the person to whom he paid it was, or was acting on behalf of, the holder of a certificate in force under this Part of this Act.
(1) Where an offence under this Part of this Act which has been committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate, or any person purporting to act in any such capacity, he as well as the body corporate shall be guilty of that offence and be liable to be proceeded against and punished accordingly.
(2) Where the affairs of a body corporate are managed by its members, subsection (1) above shall apply in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate.
(1) Any notification given under this Part of this Act shall be in writing.
(2) Any notification required by this Part of this Act to be given by any person to the Secretary of State may be sent to him by post.
(3) Any notification required by this Part of this Act to be given by the Secretary of State to any person may—
(a) if that person is an individual, be sent to him by post addressed to him at his usual or last-known place of residence or business;
(b) if that person is a partnership, be sent to a partner, or to a person having the control or management of the partnership business, at the principal office of the partnership; or
(c) if that person is a body corporate, be sent to the secretary or clerk of that body at its registered or principal office.
(4) This section is without prejudice to any other lawful method of giving a notification.
(1) In this Part of this Act “the terrorism provisions” means section 14 of the Prevention of Terrorism (Temporary Provisions) Act 1989 and any provision of Schedule 2 or 5 to that Act conferring a power of arrest or detention.
(2) A person is held in police custody for the purposes of this Part of this Act if he is detained at a police station or is detained elsewhere in the charge of a constable except that a person who is at a court after being charged with an offence is not held in police custody for the purposes of section 44 below.
44 Right to have someone informed of detention under terrorism provisions.
(1) A person who is detained under the terrorism provisions and is being held in police custody shall be entitled, if he so requests, to have one friend or relative or other person who is known to him or is likely to take an interest in his welfare told that he is being detained under those provisions and where he is being held in police custody.
(2) A person shall be informed of the right conferred on him by subsection (1) above as soon as practicable after he has become a person to whom that subsection applies.
(3) A request made by a person under subsection (1) above, and the time at which it is made, shall be recorded in writing.
(4) If a person makes such a request, it must be complied with as soon as is practicable except to the extent that any delay is permitted by this section.
(5) Any delay in complying with such a request is only permitted if—
(a) it is authorised by an officer of at least the rank of superintendent; and
(b) it does not extend beyond the end of the period referred to in subsection (6) below.
(6) That period is—
(a) except where paragraph (b) below applies, the period of forty-eight hours beginning with the time when the detained person was first detained under the terrorism provisions;
(b) where the detained person was, prior to the time when he was first so detained, being examined in accordance with paragraph 2 of Schedule 5 to the Prevention of Terrorism (Temporary Provisions) Act 1989, the period of forty-eight hours beginning with the time when he was first so examined.
(7) An officer may give an authorisation under subsection (5) above orally or in writing but, if he gives it orally, he shall confirm it in writing as soon as is practicable.
(8) An officer may only authorise a delay in complying with a request under subsection (1) above where he has reasonable grounds for believing that telling the person named in the request of the detention of the detained person—
(a) will lead to interference with or harm to evidence connected with a scheduled offence or interference with or physical injury to any person; or
(b) will lead to the alerting of any person suspected of having committed such an offence but not yet arrested for it; or
(c) will hinder the recovery of any property obtained as a result of such an offence; or
(d) will lead to interference with the gathering of information about the commission, preparation or instigation of acts of terrorism; or
(e) by alerting any person, will make it more difficult—
(i) to prevent an act of terrorism; or
(ii) to secure the apprehension, prosecution or conviction of any person in connection with the commission, preparation or instigation of an act of terrorism.
(9) If any delay is authorised, then, as soon as is practicable—
(a) the detained person shall be told the reason for authorising it; and
(b) the reason shall be recorded in writing.
(10) Any authorisation under subsection (5) above shall cease to have effect once the reason for giving it ceases to subsist.
(11) The right conferred by subsection (1) above may be exercised by a person to whom that subsection applies on each occasion when he is transferred from one place to another; and this section applies to each subsequent occasion on which that right is so exercised as it applies to the first such occasion.
(12) Subsection (11) above shall not be construed as prejudicing the operation of a request by a person to whom subsection (1) above applies which was made, but not complied with, before he was transferred.
(1) A person who is detained under the terrorism provisions and is being held in police custody shall be entitled, if he so requests, to consult a solicitor privately.
(2) A person shall be informed of the right conferred on him by subsection (1) above as soon as practicable after he has become a person to whom that subsection applies.
(3) A request made by a person under subsection (1) above, and the time at which it is made, shall be recorded in writing unless it is made by him while at a court after being charged with an offence.
(4) If a person makes such a request, he must be permitted to consult a solicitor as soon as is practicable except to the extent that any delay is permitted by this section.
(5) Any delay in complying with a request under subsection (1) above is only permitted if—
(a) it is authorised by an officer of at least the rank of superintendent; and
(b) it does not extend beyond the relevant time.
(6) In subsection (5) above “the relevant time” means—
(a) where the request is the first request made by the detained person under subsection (1) above, the end of the period referred to in section 44(6) above; or
(b) where the request follows an earlier request made by the detained person under that subsection in pursuance of which he has consulted a solicitor, the end of the period of forty-eight hours beginning with the time when that consultation began.
(7) An officer may give an authorisation under subsection (5) above orally or in writing but, if he gives it orally, he shall confirm it in writing as soon as is practicable.
(8) An officer may only authorise a delay in complying with a request under subsection (1) above where he has reasonable grounds for believing that the exercise of the right conferred by that subsection at the time when the detained person desires to exercise it—
(a) will lead to interference with or harm to evidence connected with a scheduled offence or interference with or physical injury to any person; or
(b) will lead to the alerting of any person suspected of having committed such an offence but not yet arrested for it; or
(c) will hinder the recovery of any property obtained as a result of such an offence; or
(d) will lead to interference with the gathering of information about the commission, preparation or instigation of acts of terrorism; or
(e) by alerting any person, will make it more difficult—
(i) to prevent an act of terrorism; or
(ii) to secure the apprehension, prosecution or conviction of any person in connection with the commission, preparation or instigation of an act of terrorism.
(9) If any delay is authorised, then, as soon as is practicable—
(a) the detained person shall be told the reason for authorising it; and
(b) the reason shall be recorded in writing.
(10) If an officer of at least the rank of Assistant Chief Constable has reasonable grounds for believing that, unless he gives a direction under subsection (11) below, the exercise by a person of the right conferred by subsection (1) above will have any of the consequences specified in subsection (8) above, he may give a direction under subsection (11) below.
(11) A direction under this subsection is a direction that a person desiring to exercise the right conferred by subsection (1) above may only consult a solicitor in the sight and hearing of a qualified officer of the uniformed branch of the Royal Ulster Constabulary.
(12) An officer is qualified for the purposes of subsection (11) above if—
(a) he is of at least the rank of inspector; and
(b) in the opinion of the officer giving the direction, he has no connection with the case.
(13) Any authorisation under subsection (5) above or direction under subsection (11) above shall cease to have effect once the reason for giving it ceases to subsist.
Article 61(1) to (8) of the Police and Criminal Evidence (Northern Ireland) Order 1989 (fingerprinting) shall apply to the taking of a person’s fingerprints by a constable under section 15(9) of the Prevention of Terrorism (Temporary Provisions) Act 1989 as if for Article 61(4) there were substituted—
(4) An officer may only give an authorisation if he is satisfied that it is necessary to do so in order to assist in determining—
(a) whether that person is or has been concerned in the commission, preparation or instigation of acts of terrorism to which section 14 of the Prevention of Terrorism (Temporary Provisions) Act 1989 applies; or
(b) whether he is subject to an exclusion order under that Act;
or if the officer has reasonable grounds for suspecting that person’s involvement in an offence under any of the provisions mentioned in subsection (1)(a) of that section and for believing that his fingerprints will tend to confirm or disprove his involvement.
(1) Where a person is convicted in the Crown Court of a relevant offence the court shall, subject to the provisions of this section, make a confiscation order if it is satisfied that he has (whether before or after the coming into force of this Part of this Act) benefited from terrorist-related activities engaged in by him or another; and that order shall require him to pay an amount equal to what the court assesses to be the value of his proceeds of those activities.
(2) For the purposes of this Part of this Act—
(a) a person engages in terrorist-related activities if he engages in activities which consist of or involve the commission of one or more relevant offences;
(b) a person benefits from terrorist-related activities if he obtains money or other property as a direct or indirect result of those activities; and
(c) a person’s proceeds of terrorist-related activities are the money or other property obtained by him as mentioned above.
(3) A court shall not on convicting a defendant of a relevant offence make a confiscation order against him unless—
(a) he is in the same proceedings convicted of another relevant offence committed on a separate occasion (whether before or after the coming into force of this Part of this Act) since the beginning of the period of six years ending when those proceedings were instituted; or
(b) he is shown to have committed another relevant offence as mentioned in paragraph (a) above.
(4) In subsection (3)(a) above the reference to an offence of which a person is convicted includes a reference to an offence taken into consideration by the court in determining his sentence.
(5) A court shall not on convicting a defendant of a relevant offence make a confiscation order against him unless it is satisfied that, at some time since the commission of that offence, the realisable property held by him has exceeded £20,000 or such other amount as is for the time being prescribed for the purposes of this subsection by an order made by the Secretary of State.
(6) A court shall not make a confiscation order if the defendant satisfies the court that the circumstances in which the terrorist-related activities in question were engaged in would make it unfair or oppressive for such an order to be made.
(7) If when making a confiscation order the court is satisfied that the amount that might be realised in the case of the defendant at that time is less than the amount which the court assesses to be the value of his proceeds of terrorist-related activities, the order shall require him to pay —
(a) the amount that might then be so realised, or
(b) a nominal amount, where it appears to the court (on the information available to it at the time) that the amount that might then be so realised is nil
(8) For the purpose of assessing the value of the defendant’s proceeds of terrorist-related activities in a case where a confiscation order has previously been made against him, the court shall leave out of account any of his proceeds of such activities that are shown to the court to have been taken into account in determining the amount to be paid under that order.
(9) The standard of proof required to determine any question arising under this Part of this Act as to—
(a) whether a person has benefited from terrorist-related activities engaged in by him or another;
(b) the value of his proceeds of those activities;
(c) any matter of which the court must be satisfied under subsection (5) above; or
(d) the amount to be required to be paid under a confiscation order made in his case,
shall be that applicable in civil proceedings.
(1) Subject to subsection (2) below, a confiscation order shall be made by the court before sentencing or otherwise dealing with the defendant for the offence or offences in respect of which he is before the court.
(2) If a court considers that it requires further information before making a confiscation order against a defendant, it may, subject to subsection (3) below, postpone making such an order for such period as it may specify for the purpose of enabling that information to be obtained; but, without prejudice to Article 11 of the Treatment of Offenders (Northern Ireland) Order 1989, the court may notwithstanding such postponement proceed to sentence or otherwise deal with the defendant in respect of the conviction.
(2A) More than one postponement may be made under subsection (2) above in relation to the same case.
(2B) Unless it is satisfied that there are exceptional circumstances, the court shall not specify a period under subsection (2) above which—
(a) by itself, or
(b) where there have been one or more previous postponements under subsection (2) above or (3) below, when taken together with the earlier specified period or periods,
exceeds six months beginning with the date on which the defendant was convicted.
(3) If . . . notice of appeal or of application for leave to appeal is given under section 16(1) of the Criminal Appeal (Northern Ireland) Act 1980 the court may, on the application of the prosecution, extend that period to a date up to three months after the date of the determination of the appeal. on that account—
(a) postpone making the confiscation order for such period as it may specify, or
(b) where it has already exercised its powers under this section to postpone, extend the specified period;
but, without prejudice to Article 11 of the Treatment of Offenders (Northern Ireland) Order 1989, the court may notwithstanding any postponement under this section proceed to sentence or otherwise deal with the defendant in respect of the conviction.
(3A) A postponement or extension under subsection (2) or (3) above may be made—
(a) on application by the defendant or the prosecution, or
(b) by the court of its own motion.
(3B) Unless the court is satisfied that there are exceptional circumstances, any postponement or extension under subsection (3) above shall not exceed the period ending three months after the date of determination of the appeal.
(3C) Where the court has sentenced the defendant under subsection (2) or (3) above during the specified period it may, after the end of that period, vary the sentence by imposing a fine or making any such order as is mentioned in subsection (5)(b) or (c) below so long as it does so within a period corresponding to that allowed by section 49(2) or (3) of the Judicature (Northern Ireland) Act 1978 (time allowed for varying a sentence) but beginning with the end of the specified period.
(4) A court shall not impose any fine or make an order such as is mentioned in subsection (5)(b) or (c) below before a confiscation order is made.
(5) Where a court makes a confiscation order against a defendant in any proceedings, the court shall, in respect of any offence of which he is convicted in those proceedings, take account of the order before—
(a) imposing any fine on him; or
(b) making any order involving any payment by him, other than an order under Article 3 of the Criminal Justice (Northern Ireland) Order 1980 (compensation orders); or
(c) making any order under Article 7 of that Order (deprivation orders),
but subject to that shall leave the order out of account in determining the appropriate sentence or other manner of dealing with him.
(6) No statutory provision restricting the power of a court dealing with an offender in a particular way from dealing with him also in any other way shall by reason only of the making of a confiscation order restrict the court from dealing with an offender in any way it considers appropriate in respect of a relevant offence.
(7) Where—
(a) a court makes both a confiscation order and an order for the payment of compensation under Article 3 of the Criminal Justice (Northern Ireland) Order 1980 against the same person in the same proceedings; and
(b) it appears to the court that he will not have sufficient means to satisfy both the orders in full,
it shall direct that so much of the compensation as will not in its opinion be recoverable because of the insufficiency of his means shall be paid out of any sums recovered under the confiscation order.
(8) Where a court decides not to make a confiscation order against a defendant convicted by it of a relevant offence the court shall state its reasons for that decision.
48A Re-assessment of whether defendant has benefited.
(1) This section applies where—
(a) a court proceeding under section 47(1) above decided not to make a confiscation order (“the decision”); and
(b) the statement made by the court under section 48(8) above was to the effect that the reason, or one of the reasons, for the decision was that the court was not satisfied that the defendant had benefited.
(2) If the prosecution has evidence—
(a) which was not considered by the court, but
(b) which the prosecution believes would have led the court to decide that the defendant had benefited,
the prosecution may apply to the Crown Court for it to consider that evidence.
(3) If, having considered the evidence, the court considers that it would have been satisfied that the defendant had benefited if that evidence had been available to it, section 47 shall apply as if the court were convicting the defendant.
(4) The court may take into account any money or other property obtained by the defendant on or after the date of the decision, but only if the prosecution shows that it was obtained by him as a direct or indirect result of terrorist-related activities carried on by the defendant or another on or before that date.
(5) In considering any evidence under this section which relates to any money or other property to which subsection (4) above applies, the court shall not make the assumptions which would otherwise be required by section 51 below.
(6) No application shall be entertained by the court under this section if it is made after the end of the period of six years beginning with the date on which the defendant was convicted.
(7) Subsections (1) to (7) of section 48 above shall not apply where the court is proceeding under section 47 above by virtue of this section.
(8) Where the court—
(a) has, in dealing with the defendant in respect of the conviction or any of the convictions concerned, made an order for the payment of compensation under Article 3 of the Order of 1980, and
(b) makes a confiscation order by virtue of this section,
it shall, if it is of the opinion that the defendant will not have sufficient means to satisfy both orders in full, direct that so much of the compensation as will not in its opinion be recoverable because of the insufficiency of his means is to be paid out of any sums recovered under the confiscation order.
(9) Where the prosecution makes an application to the court under this section it shall, on making the application, give the court a statement under section 52 below.
(10) Where the High Court—
(a) has been asked to proceed under section 52B below in relation to a defendant who has absconded, but
(b) has decided not to make a confiscation order against him,
this section shall not apply at any time while he remains an absconder.
(11) In this section “benefited” means benefited from terrorist-related activities as mentioned in section 47(1) above.
(1) This section applies where the court has made a confiscation order by reference to an amount assessed under section 47(1) above (“the current assessment”).
(2) Where the prosecution is of the opinion that the real value of the defendant’s proceeds of terrorist-related activities was greater than their assessed value, the prosecution may apply to the Crown Court for the evidence on which it has formed that opinion to be considered by the court.
(3) In subsection (2) above—
“assessed value” means the value of the defendant’s proceeds of terrorist-related activities as assessed by the court under section 47(1) above; and
“real value” means the value of the defendant’s proceeds of terrorist-related activities which took place—
in the period by reference to which the current assessment was made; or
in any earlier period.
(4) If, having considered the evidence, the court is satisfied that the real value of the defendant’s proceeds of terrorist-related activities is greater than their assessed value (whether because the real value was higher at the time of the current assessment than was thought or because the value of the proceeds in question has subsequently increased), the court shall make a fresh determination of the amount to be required to be paid under section 47 above.
(5) In relation to any determination by virtue of this section, section 47(7) above shall have effect as it has effect in relation to the making of a confiscation order.
(6) For any determination by virtue of this section, section 47(8) above shall not apply in relation to any of the defendant’s proceeds of terrorist-related activities taken into account in respect of the current assessment.
(7) Sections 50(4) and 52(4)(a) and (7) below shall have effect in relation to any such determination as if for “confiscation order” there were substituted “determination” and section 50(3) below shall so have effect as if for “a confiscation order is made” there were substituted “of the determination”.
(8) The court may take into account any money or other property obtained by the defendant on or after the date of the current assessment, but only if the prosecution shows that it was obtained by him as a direct or indirect result of terrorist-related activities carried on by the defendant or another on or before that date.
(9) In considering any evidence under this section which relates to any money or other property to which subsection (8) above applies, the court shall not make the assumptions which would otherwise be required by section 51 below.
(10) If, as a result of making the determination required by subsection (4) above, the amount to be required to be paid exceeds the amount set in accordance with the current assessment, the court may substitute for the amount required to be paid under the confiscation order such greater amount as it thinks just in all the circumstances of the case.
(11) Where the court varies a confiscation order under subsection (10) above it shall substitute for the term of imprisonment or of detention fixed under section 35(1)(c) of the Criminal Justice Act (Northern Ireland) 1945 in respect of the amount required to be paid under the order a longer term determined in accordance with that section (as it has effect by virtue of paragraph 2 of Schedule 4 to this Act) in respect of the greater amount substituted under subsection (10) above.
(12) Subsection (11) above shall apply only if the effect of the substitution is to increase the maximum period applicable in relation to the order under paragraph 2(1)(b) of Schedule 4 to this Act.
(13) Where the prosecution makes an application to the court under this section—
(a) it shall, on making the application, give the court a statement under section 52 below; and
(b) section 52A shall apply.
(14) Where a confiscation order has been made in relation to any defendant by virtue of section 52B below, this section shall not apply at any time while he is an absconder.
(15) No application shall be entertained by the court under this section if it is made after the end of the period of six years beginning with the date on which the defendant was convicted.
(1) In this Part of this Act “relevant offence” means—
(a) a scheduled offence falling within paragraph 12(a), 20(b), (c) , (dd) or (e) or 22(b), (i), (j), (k) , (kk), (m) or (n) of Part I of Schedule 1 to this Act;
(b) an offence which by virtue of Part II of that Schedule is to be treated as if it were such an offence as is mentioned in paragraph (a) above; and
(c) an offence falling within Part IV of that Schedule.
(2) In so far as this Part of this Act applies in relation to a relevant offence committed before the coming into force of this Act “relevant offence” also means—
(a) a scheduled offence within the meaning of the Northern Ireland (Emergency Provisions) Act 1978 falling within paragraph 13(a) or 16(b) or (c) of Part I of Schedule 4 to that Act; and
(b) an offence which by virtue of Part II of that Schedule was to be treated as if it were such an offence as is mentioned in paragraph (a) above.
(3) An order under section 1(3) above amending Schedule 1 to this Act may also amend subsection (1) above.
(1) In this Part of this Act “realisable property” means, subject to subsection (2) below—
(a) any property held by the defendant; and
(b) any property held by a person to whom the defendant has directly or indirectly made a gift caught by this Part of this Act.
(2) Property is not realisable property if an order under—
(a) Article 7 of the Criminal Justice (Northern Ireland) Order 1980 (deprivation orders);
(b) section 27 of the Misuse of Drugs Act 1971 (forfeiture orders); [or]
(c) section 13(2), (3) or (4) of the Prevention of Terrorism (Temporary Provisions) Act 1989 (forfeiture orders),
(d) section 43 of the Powers of Criminal Courts Act 1973; or
(e) Part II of the Proceeds of Crime (Scotland) Act 1995
is in force in respect of the property.
(3) For the purposes of this Part of this Act the amount that might be realised at the time a confiscation order is made is—
(a) the total of the values at that time of all the realisable property held by the defendant, less
(b) where there are obligations having priority at that time, the total amounts payable in pursuance of such obligations,
together with the total of the values at that time of all gifts caught by this Part of this Act.
(4) For the purposes of subsection (3) above, an obligation has priority at any time if it is an obligation of the defendant to—
(a) pay an amount due in respect of a fine, or other order of a court, imposed or made on conviction of an offence, where the fine was imposed or order made before the confiscation order; or
(b) pay any sum which would be included among the preferential debts (within the meaning given by Article 346 of the Insolvency (Northern Ireland) Order 1989) in the defendant’s bankruptcy commencing on the date of the confiscation order or winding up under an order of the court made on that date.
(5) Subject to the following provisions of this section, for the purposes of this Part of this Act the value of property (other than cash) in relation to any person holding the property—
(a) where any other person holds an interest in the property, is—
(i) the market value of the first-mentioned person’s beneficial interest in the property, less
(ii) the amount required to discharge any incumbrance (other than a charging order) on that interest; and
(b) in any other case, is its market value.
(6) Subject to subsection (9) below, references in this Part of this Act to the value at any time (referred to in subsection (7) below as “the material time”) of any proceeds or of a gift caught by this Part of this Act are references to—
(a) the value of the proceeds or gift to the recipient when he received it adjusted to take account of subsequent changes in the value of money; or
(b) where subsection (7) below applies, the value there mentioned,
whichever is the greater.
(7) Subject to subsection (9) below, if at the material time he holds—
(a) the property which he received (not being cash); or
(b) property which, in whole or in part, directly or indirectly represents in his hands the property which he received,
the value referred to in subsection (6) above is the value to him at the material time of the property mentioned in paragraph (a) above or, as the case may be, of the property mentioned in paragraph (b) above so far as it so represents the property which he received, but disregarding any charging order.
(8) A gift (including a gift made before the coming into force of this Part of this Act) is caught by this Part of this Act if—
(a) it was made by the defendant at any time since the beginning of the period of six years ending when the proceedings were instituted against him; or
(b) it was made by the defendant at any time and was a gift of property—
(i) obtained by the defendant as a direct or indirect result of terrorist-related activities engaged in by him or another; or
(ii) which in whole or in part directly or indirectly represented in the defendant’s hands property received by him as proceeds of such activities.
(9) For the purposes of this Part of this Act—
(a) the circumstances in which the defendant is to be treated as making a gift include those where he transfers property to another person directly or indirectly for a consideration the value of which is significantly less than the value of the consideration provided by the defendant; and
(b) in those circumstances, the preceding provisions of this section shall apply as if the defendant had made a gift of such share in the property as bears to the whole property the same proportion as the difference between the values referred to in paragraph (a) above bears to the value of the consideration provided by the defendant.
51 Assumptions as to benefit and value of proceeds.
(1) The Crown Court shall, for the purpose of determining whether the defendant has benefited from terrorist-related activities and, if he has, of assessing the value of his proceeds of those activities, make the following assumptions, except to the extent that any of the assumptions are shown to be incorrect in the defendant’s case—
(a) that any property appearing to the court—
(i) to have been held by him at any time since his conviction; or
(ii) to have been transferred to him at any time since the beginning of the period of six years ending when the proceedings were instituted against him,
was obtained by him, at the earliest time at which he appears to the court to have held it, as a result of terrorist-related activities engaged in by him;
(b) that any expenditure of his since the beginning of that period was met out of the proceeds of such activities engaged in by him; and
(c) that, for the purpose of valuing any property obtained or assumed to have been obtained by him at any time as a result of such activities, he obtained the property free of any other interests in it.
(2) Where the court decides that any assumption mentioned in subsection (1) above is incorrect in the defendant’s case it shall state its reasons for that decision.
[(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
52 Statements, etc., relevant to making confiscation orders.
(1) In this section, except in subsection (4) below, “a statement” means a statement in the case of a defendant as to any matters relevant—
(a) to determining whether he has benefited from terrorist-related activities,
(b) to assessing the value of his proceeds of those activities, or
(c) to determining whether the requirements of section 47(5) above are satisfied.
(1A) Where section 47(1) above applies—
(a) the court may require the prosecution to give it a statement within such period as it may direct; and
(b) the prosecution may at any time give a statement to the court.
(1B) Where the prosecution has given the court a statement—
(a) it may at any time give the court a further statement; and
(b) the court may at any time require it to give the court a further statement, within such period as the court may direct.
(1C) Where—
(a) a statement has been given to the court under this section, and
(b) the defendant accepts to any extent any allegation in the statement,
the court may treat his acceptance as conclusive of the matters to which it relates.
(2) Where—
(a) a statement is given under this section; and
(b) the court is satisfied that a copy of that statement has been served on the defendant,
the court may require the defendant to indicate within such period as the court may direct to what extent he accepts each allegation in the statement and, so far as he does not accept any such allegation, to indicate any matters he proposes to rely on.
(2A) Where the court has given a direction under this section it may at any time vary it by giving a further direction.
(3) If the defendant fails in any respect to comply with a requirement under subsection (2) above, he may be treated for the purposes of this section as accepting every allegation in the statement apart from any allegation in respect of which he has complied with the requirement.
(4) Where—
(a) there is given to the court by the defendant a statement as to any matters relevant to determining the amount that might be realised at the time the confiscation order is made; and
(b) the prosecution accepts to any extent any allegation in the statement,
the court may, for the purposes of that determination, treat the acceptance by the prosecution as conclusive of the matters to which it relates.
(5) An allegation may be accepted or a matter indicated for the purposes of this section in such manner as may be prescribed by rules of court or as the court may direct
(6) No acceptance by the defendant under this section that any property was obtained by him as a direct or indirect result of terrorist-related activities engaged in by him or another shall be admissible in evidence in any proceedings for an offence.
(7) If the court is satisfied as to any matter relevant for determining the amount that might be realised at the time the confiscation order is made (whether by an acceptance under this section or otherwise), the court may issue a certificate giving the court’s opinion as to the matter concerned and shall do so if satisfied that the amount that might be realised at the time the confiscation order is made is less than the amount the court assesses to be the value of the defendant’s proceeds of terrorist-related activities.
(1) This section applies where the Crown Court is proceeding under section 47(1) above.
(2) For the purpose of obtaining information to assist it in carrying out its functions, the court may at any time order the defendant to give it such information as may be specified in the order.
(3) An order under subsection (2) above may require all, or any specified part, of the required information to be given to the court in such manner, and before such date, as may be specified in the order.
(4) Rules of court may make provision as to the maximum or minimum period that may be allowed under subsection (3) above.
(5) If the defendant fails, without reasonable excuse, to comply with any order under this section, the court may draw such inference from that failure as it considers appropriate.
(6) Where the prosecution accepts to any extent any allegation made by the defendant in giving to the court information required by an order under this section, the court may treat that acceptance as conclusive of the matters to which it relates.
(7) For the purposes of this section, an allegation may be accepted in such manner as may be prescribed by rules of court or as the court may direct.
52B Powers of High Court where defendant has died or absconded.
(1) Subsection (2) below applies where a person has been convicted of a relevant offence.
(2) If the prosecution asks it to proceed under this section, the High Court may exercise the powers of the Crown Court under this Act to make a confiscation order against the defendant if satisfied that the defendant has died or absconded.
(3) Subsection (4) below applies where proceedings have been instituted against the defendant for one or more relevant offences but have not been concluded.
(4) If the prosecution asks it to proceed under this section, the High Court, if satisfied that the defendant has absconded, may exercise the powers of the Crown Court under this Act to make a confiscation order against the defendant as if the defendant had been convicted of the relevant offence or each of the relevant offences for which the proceedings had been instituted.
(5) The power conferred by subsection (4) above may not be exercised at any time before the end of the period of two years beginning with the date which is, in the opinion of the court, the date on which the defendant absconded.
(6) Where the prosecution makes an application to the court under this section it shall, on making the application, give the court a statement under section 52 above.
(7) In any proceedings on an application under this section—
(a) sections 51, 52(1C), (2) and (3) and 52A above shall not apply,
(b) the court shall not make a confiscation order against a person who has absconded unless it is satisfied that the prosecution has taken reasonable steps to contact him, and
(c) any person appearing to the court to be likely to be affected by the making of a confiscation order by the court shall be entitled to appear before the court and make representations.
(8) Where the High Court has made a confiscation order by virtue of this section, in a case where the defendant has been or is subsequently convicted of one or more of the offences concerned, sections 47 and 48(1) to (5) and (7) above shall not apply in respect of his conviction of that offence or those offences; but any court dealing with him in respect of that conviction or any of those convictions—
(a) shall take account of the order before—
(i) imposing any fine on him; or
(ii) making any order involving any payment by him, other than an order under Article 3 of the Criminal Justice (Northern Ireland) Order 1980 (compensation orders); or
(iii) making any order under Article 7 of that Order (deprivation orders),
but subject to that shall leave the order out of account in determining the appropriate sentence or other manner of dealing with him; and
(b) if it makes an order for the payment of compensation under Article 3 of the Order of 1980, and is of the opinion that the defendant will not have sufficient means to satisfy both that order and the confiscation order in full, shall direct that so much of the compensation as will not in its opinion be recoverable because of the insufficiency of his means is to be paid out of any sums recovered under the confiscation order.
53 Assisting another to retain proceeds of terrorist-related activities.
(1) Subject to subsection (3) below, if a person enters into or is otherwise concerned in an arrangement whereby—
(a) the retention or control by or on behalf of another (referred to hereafter as “A”) of A’s proceeds of terrorist-related activities is facilitated (whether by concealment, removal from the jurisdiction, transfer to nominees or otherwise); or
(b) A’s proceeds of such activities—
(i) are used to secure that funds are placed at A’s disposal; or
(ii) are used for A’s benefit to acquire property by way of investment,
knowing or having reasonable cause to suspect that A is a person who engages in or has engaged in such activities or has benefited from such activities, he is guilty of an offence.
(2) In this section references to any person’s proceeds of terrorist-related activities include a reference to any property which in whole or in part directly or indirectly represented in his hands his proceeds of such activities.
(3) Where a person discloses to a constable a suspicion or belief that any funds or investments are derived from or used in connection with terrorist-related activities or any matter on which such a suspicion or belief is based, then, if he does any act in contravention of subsection (1) above and the disclosure relates to the arrangement concerned, he does not commit an offence under this section if—
(a) the disclosure is made before he does the act concerned and that act is done with the consent of the constable; or
(b) the disclosure is made after he does the act but on his initiative and as soon as it is reasonable for him to make it.
(3A) Where a person discloses to a constable a suspicion or belief that any funds or investments are derived from or used in connection with terrorist-related activities or any matter on which such a suspicion or belief is based, the disclosure shall not be treated as a breach of any restriction upon the disclosure of information imposed by statute or otherwise.
(4) In proceedings against a person for an offence under this section it is a defence to prove—
(a) that he did not know or suspect that the arrangement related to any person’s proceeds of terrorist-related activities; or
(b) that he did not know or suspect that by the arrangement the retention or control by or on behalf of A of any property was facilitated or, as the case may be, that by the arrangement any property was used as mentioned in subsection (1) above; or
(c) that—
(i) he intended to disclose to a constable such a suspicion, belief or matter as is mentioned in subsection (3) above in relation to the arrangement, but
(ii) there is reasonable excuse for his failure to make disclosure in accordance with that subsection.
(4A) In the case of a person who was in employment at the relevant time, subsections (3), (3A) and (4)(c) above shall have effect in relation to disclosures, and intended disclosures, to the appropriate person in accordance with the procedure established by his employer for the making of such disclosures as they have effect in relation to disclosures, and intended disclosures, to a constable.
(5) A person guilty of an offence under this section is liable—
(a) on conviction on indictment, to imprisonment for a term not exceeding fourteen years or a fine or both;
(b) on summary conviction, to imprisonment for a term not exceeding six months or a fine not exceeding the statutory maximum or both.
54 Concealing or transferring proceeds of terrorist-related activities.
(1) A person is guilty of an offence if he—
(a) conceals or disguises any property which is, or in whole or in part directly or indirectly represents, his proceeds of terrorist-related activities; or
(b) converts or transfers that property or removes it from the jurisdiction,
for the purpose of avoiding prosecution for a relevant offence or the making or enforcement in his case of a confiscation order.
(2) A person is guilty of an offence if, knowing or having reasonable cause to suspect that any property is, or in whole or in part directly or indirectly represents, another person’s proceeds of terrorist-related activities, he—
(a) conceals or disguises that property; or
(b) converts or transfers that property or removes it from the jurisdiction,
for the purpose of assisting any person to avoid prosecution for a relevant offence or the making or enforcement of a confiscation order.
(3) A person is guilty of an offence if, knowing or having reasonable cause to suspect that any property is, or in whole or in part directly or indirectly represents, another person’s proceeds of terrorist-related activities, he acquires or uses that property or has possession of it.
(3A) It is a defence to a charge of committing an offence under this section that the person charged acquired or used the property or had possession of it for adequate consideration.
(4) In subsections (1)(a) and (2)(a) above the references to concealing or disguising any property include references to concealing or disguising its nature, source, location, disposition, movement or ownership or any rights with respect to it.
(5) For the purposes of subsection (3A) above—
(a) a person acquires property for inadequate consideration if the value of the consideration is significantly less than the value of the property;
(b) a person uses or has possession of any property for inadequate consideration if the value of the consideration is significantly less than the value of his possession or use of the property; and
(c) the provision for any person of services or goods which are of assistance to him in terrorist-related activities shall not be treated as consideration.
(5A) Where a person discloses to a constable a suspicion or belief that any property is, or in whole or in part directly or indirectly represents, another person’s proceeds of terrorist-related activities or any matter on which such a suspicion or belief is based—
(a) the disclosure shall not be treated as a breach of any restriction upon the disclosure of information imposed by statute or otherwise; and
(b) if he does any act in contravention of subsection (3) above, he does not commit an offence under that subsection if—
(i) the disclosure is made before he does the act concerned and that act is done with the consent of the constable; or
(ii) the disclosure is made after he does the act but on his initiative and as soon as it is reasonable for him to make it.
(5B) For the purposes of this section, having possession of any property shall be taken to be doing an act in relation to it.
(5C) In proceedings against a person for an offence under subsection (3) above, it is a defence to prove that—
(a) he intended to disclose to a constable such a suspicion, belief or matter as is mentioned in subsection (5A) above; but
(b) there is reasonable excuse for his failure to make a disclosure in accordance with paragraph (b) of that subsection.
(5D) In the case of a person who was in employment at the relevant time, subsections (5A) and (5C) above shall have effect in relation to disclosures, and intended disclosures, to the appropriate person in accordance with the procedure established by his employer for the making of such disclosures as they have effect in relation to disclosures, and intended disclosures, to a constable.
(5E) No constable or other person shall be guilty of an offence under subsection (3) above in respect of anything done by him in the course of acting in connection with the enforcement, or intended enforcement, of any provision of this Act or of any other enactment relating to terrorism or the proceeds or resources of such terrorism.
(6) A person guilty of an offence under this section is liable—
(a) on conviction on indictment, to imprisonment for a term not exceeding fourteen years or a fine or both;
(b) on summary conviction, to imprisonment for a term not exceeding six months or a fine not exceeding the statutory maximum or both.
54A Failure to disclose knowledge or suspicion of offences under sections 53 and 54.
(1) A person is guilty of an offence if—
(a) he knows, or suspects, that another person is acting in the proscribed manner,
(b) the information, or other matter, on which that knowledge or suspicion is based came to his attention in the course of his trade, profession, business or employment, and
(c) he does not disclose the information or other matter to a constable as soon as is reasonably practicable after it comes to his attention.
(2) Subsection (1) above does not make it an offence for a professional legal adviser to fail to disclose any information or other matter which has come to him in privileged circumstances.
(3) It is a defence to a charge of committing an offence under this section that the person charged had a reasonable excuse for not disclosing the information or other matter in question.
(4) Where a person discloses to a constable—
(a) his suspicion or belief that another person is acting in the proscribed manner, or
(b) any information or other matter on which that suspicion or belief is based,
the disclosure shall not be treated as a breach of any restriction imposed by statute or otherwise.
(5) Without prejudice to subsection (3) or (4) above, in the case of a person who was in employment at the relevant time, it is a defence to a charge of committing an offence under this section that he disclosed the information or other matter in question to the appropriate person in accordance with the procedure established by his employer for the making of such disclosures.
(6) A disclosure to which subsection (5) above applies shall not be treated as a breach of any restriction imposed by statute or otherwise.
(7) In this section “acting in the proscribed manner” means doing any act which constitutes an offence under section 53 or 54 above or, in the case of an act done otherwise than in the United Kingdom, which would constitute such an offence if done in the United Kingdom.
(8) For the purposes of subsection (7) above, having possession of any property shall be taken to be doing an act in relation to it.
(9) For the purposes of this section, any information or other matter comes to a professional legal adviser in privileged circumstances if it is communicated, or given, to him—
(a) by, or by a representative of, a client of his in connection with the giving by the adviser of legal advice to the client;
(b) by, or by a representative of, a person seeking legal advice from the adviser; or
(c) by any person—
(i) in contemplation of, or in connection with, legal proceedings; and
(ii) for the purpose of those proceedings.
(10) No information or other matter shall be treated as coming to a professional legal adviser in privileged circumstances if it is communicated or given with a view to furthering any criminal purpose.
(11) A person guilty of an offence under this section shall be liable—
(a) on summary conviction, to imprisonment for a term not exceeding six months or a fine not exceeding the statutory maximum or to both, or
(b) on conviction on indictment, to imprisonment for a term not exceeding five years or a fine or to both.
Schedule 4 to this Act shall have effect with respect to the enforcement of confiscation orders and otherwise for supplementing the provisions of this Part of this Act.
55A Extension of certain offences to Crown servants and exemptions for regulators etc.
(1) The Secretary of State may by regulations provide that, in such circumstances as may be prescribed, sections 53, 54(2) to (6) and 54A above shall apply to such persons in the public service of the Crown, or such categories of person in that service, as may be prescribed.
(2) Section 54A of this Act shall not apply to—
(a) any person designated by regulations made by the Secretary of State for the purpose of this paragraph; or
(b) in such circumstances as may be prescribed, any person who falls within such category of person as may be prescribed for the purpose of this paragraph.
(3) The Secretary of State may designate, for the purpose of paragraph (a) of subsection (2) above, any person appearing to him to be performing regulatory, supervisory, investigative or registration functions.
(4) The categories of person prescribed by the Secretary of State, for the purpose of paragraph (b) of subsection (2) above, shall be such categories of person connected with the performance by any designated person of regulatory, supervisory, investigative or registration functions as he considers it appropriate to prescribe.
(5) In this section—
“the Crown” includes the Crown in right of Her Majesty’s Government in Northern Ireland; and
“prescribed” means prescribed by regulations made by the Secretary of State.
(6) The power to make regulations under this section shall be exercisable by statutory instrument.
(7) Any such instrument shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(1) In this Part of this Act—
“charging order” means an order made under paragraph 6 of Schedule 4 to this Act;
“confiscation order” means an order made by a court under section 47 above and includes, in particular, an order under that section which is made by virtue of section 48A or 52B above;
“defendant” means a person against whom proceedings have been instituted for a relevant offence (whether or not he has been convicted);
“gift caught by this Part of this Act” has the meaning given in section 50(8) above;
“interest”, in relation to property, includes right;
“proceeds of terrorist-related activity” has the meaning given in section 47(2) above;
“property” includes, in addition to money, all other property, real or personal, heritable or moveable, including things in action and other intangible or incorporeal property;
“realisable property” has the meaning given in section 50(1) and (2) above;
“relevant offence” has the meaning given in section 49 above;
“statutory provision” has the meaning given in section 1(f) of the Interpretation Act (Northern Ireland) 1954;
“terrorist-related activities” has the meaning given in section 47(2) above.
(2) This Part of this Act applies to property wherever situated.
(3) References in this Part of this Act to offences include references to offences committed before the coming into force of this Part of this Act but nothing in this Part of this Act imposes any duty or confers any power on any court in or in connection with proceedings against a person for an offence if the proceedings were instituted before the coming into force of this Part of this Act.
(4) References in this Part of this Act to property obtained as a direct or indirect result of terrorist-related activities include references to property obtained partly in that manner.
(5) The following provisions also have effect for the interpretation of this Part of this Act.
(6) Property is held by any person if he holds any interest in it.
(7) References to property held by a person include a reference to property vested in his trustee in bankruptcy or liquidator; and references to an interest held by a person beneficially in property include a reference to an interest which would be held by him beneficially if the property were not so vested.
(8) Property is transferred by one person to another if the first person transfers or grants to the other any interest in the property.
(9) Proceedings for an offence are instituted—
(a) when a summons or warrant is issued under Article 20 of the Magistrates’ Courts (Northern Ireland) Order 1981 in respect of that offence;
(b) when a person is charged with the offence after being taken into custody without a warrant;
(c) when an indictment is presented under section 2(2)(c), (e) or (f) of the Grand Jury (Abolition) Act (Northern Ireland) 1969;
and where the application of this subsection would result in there being more than one time for the institution of proceedings, they shall be taken to have been instituted at the earliest of those times.
(1) If, on an application made in writing by an officer of the Royal Ulster Constabulary not below the rank of superintendent, it appears to the Secretary of State—
(a) that an investigation to which this section applies is taking place; and
(b) that the investigation could be more effectively carried out with the participation of a person who is not a constable and who is named in the application,
the Secretary of State may authorise that person to exercise for the purposes of the investigation the powers conferred by Schedule 5 to this Act.
(2) Those powers shall be exercisable in Great Britain as well as in Northern Ireland and accordingly this section and that Schedule shall extend to the whole of the United Kingdom.
(3) Where a person who has been authorised under subsection (1) above to exercise the powers there mentioned considers that any material may be relevant to the investigation in relation to which the authority was given, Schedule 7 to the Prevention of Terrorism (Temporary Provisions) Act 1989 (terrorist investigations) shall have effect in relation to the material as if—
(a) the references to a constable in paragraphs 2(1), 3(1) and (2)(b), 5(1) and (3), 6(1), 12(2)(b), 14(3) and 15(1);
(b) the first of the references to a constable in paragraph 3(6); and
(c) the references to a procurator fiscal in paragraphs 12(1) and (6), 13(2), 14(1) and 15(1),
included references to that person; and where (by virtue of this subsection) such a person has made an application for an order under paragraph 3 of that Schedule, the reference in paragraph 4(2)(b) to the constable on whose application the order was made or any constable serving in the same police station shall be construed as referring to that person.
(4) This section applies to any investigation by the Royal Ulster Constabulary into the existence of—
(a) the resources of a proscribed organisation;
(b) funds which may be applied or used for the commission of, or in furtherance of or in connection with, acts of terrorism connected with the affairs of Northern Ireland; or
(c) the proceeds of the commission of such acts of terrorism or of activities engaged in in furtherance of or in connection with such acts.
(5) Paragraph (a) of subsection (4) above includes any money or property which is or is to be applied or made available for the benefit of a proscribed organisation; and paragraph (c) of that subsection includes any property which in whole or in part directly or indirectly represents such proceeds as are there mentioned.
58 Supplementary regulations for preserving the peace, etc.
(1) The Secretary of State may by regulations make provision additional to the foregoing provisions of this Act for promoting the preservation of the peace and the maintenance of order.
(2) Regulations under this section may authorise the Secretary of State to make orders for such purposes as may be specified in the regulations.
(3) Any person contravening or failing to comply with the provisions of any regulations under this section or any instrument or directions under any such regulations is guilty of an offence and liable on summary conviction to imprisonment for a term not exceeding six months or a fine not exceeding level 5 on the standard scale or both.
(1) The grounds on which the Secretary of State may reject an application for a licence under section 6 of the Explosives Act 1875 (new explosives factories and magazines) shall include the ground that the establishment of the factory or magazine in question is undesirable in the interests of safeguarding national security or protecting public safety; and a licence granted under that section may be withdrawn by him on that ground at any time before it comes into force.
(2) The Secretary of State may also refuse a licence under section 15 or registration under section 21 of that Act (explosives stores and other premises for keeping explosives) on the ground that the establishment of the store or, as the case may be, the keeping of explosives on the premises in question is undesirable in the interests of safeguarding national security or protecting public safety.
60 Independent Assessor of Military Complaints Procedures in Northern Ireland.
(1) The Secretary of State shall appoint a person to be known as the Independent Assessor of Military Complaints Procedures in Northern Ireland (in this Act referred to as “the Independent Assessor”).
(2) A person shall not be eligible for appointment as the Independent Assessor if he is, or at any time during the period of twenty years ending with the date of the appointment has been, a serving member of Her Majesty’s forces.
(3) Schedule 6 to this Act shall have effect with respect to the Independent Assessor.
(4) The Independent Assessor—
(a) shall keep under review the procedures adopted by the General Officer Commanding Northern Ireland (“the GOC”) for receiving, investigating and responding to relevant complaints;
(b) shall receive and investigate any representations concerning those procedures;
(c) may investigate the operation of those procedures in relation to any particular complaint or group of complaints;
(d) may require the GOC to review any particular case or group of cases in which the Independent Assessor considers any of those procedures to have operated inadequately; and
(e) may make to the GOC recommendations concerning any inadequacies in those procedures, including inadequacies in the way in which they operate in relation to any particular complaint, group of complaints or description of complaints.
(5) In this section “relevant complaint” means a complaint relating to the behaviour of any member of Her Majesty’s forces under the command of the GOC, other than—
(a) any complaint which has been referred by the GOC to the Royal Ulster Constabulary and not remitted by the Royal Ulster Constabulary to the GOC to be dealt with by him; and
(b) any complaint relating to a matter in respect of which a claim for compensation has been made under section 63 below or which is the subject of proceedings involving a claim for compensation which have been instituted in any court.
(6) The GOC shall—
(a) furnish such information;
(b) disclose such documents; and
(c) provide such assistance,
as the Independent Assessor may reasonably require for the purpose of the performance of his functions.
(1) The Secretary of State shall make codes of practice in connection with the detention, treatment, questioning and identification of persons detained under the Prevention of Terrorism (Temporary Provisions) Act 1989 and may make codes of practice in connection with—
(a) the exercise by police officers of any power conferred by Part II of this Act or by that Act; and
(b) the seizure and retention of property found by police officers when exercising powers of search conferred by any provision of this Act or that Act.
(2) When the Secretary of State proposes to issue a code of practice under this section he shall prepare and publish a draft of the code, shall consider any representations made to him about the draft and may modify the draft accordingly.
(3) The Secretary of State shall lay before both Houses of Parliament a draft of any code of practice prepared by him under this section; and when he has laid the draft of the code before both Houses he may bring the code into operation by an order made by him.
(4) An order bringing a code of practice into operation may contain such transitional provisions or savings as appear to the Secretary of State to be necessary or expedient in connection with the code which the order brings into operation.
(5) The Secretary of State may from time to time revise the whole or any part of a code of practice issued by him under this section and issue the code as revised; and the foregoing provisions of this section shall apply (with appropriate modifications) to such a revised code as they apply to the first issue of a code.
(6) A police officer shall be liable to disciplinary proceedings for failure to comply with any provision of such a code unless such proceedings are precluded by Article 22 of the Police (Northern Ireland) Order 1987.
(7) A failure on the part of a police officer to comply with any provision of such a code shall not of itself render him liable to any criminal or civil proceedings.
(8) In all criminal and civil proceedings any such code shall be admissible in evidence; and if any provision of such a code appears to the court or tribunal conducting the proceedings to be relevant to any question arising in the proceedings it shall be taken into account in determining that question.
(9) In this section—
“criminal proceedings” includes proceedings in Northern Ireland before a court-martial constituted under the Army Act 1955, the Air Force Act 1955 or the Naval Discipline Act 1957 or a disciplinary court constituted under section 50 of the said Act of 1957 and proceedings in Northern Ireland before the Courts-Martial Appeal Court;
“police officer” means a member of the Royal Ulster Constabulary or the Royal Ulster Constabulary Reserve.
62 Codes of practice: members of Her Majesty’s forces.
(1) The Secretary of State may make codes of practice in connection with the exercise by members of Her Majesty’s forces of any of their powers under Part II of this Act.
(2) Subsections (2) to (5) and (8) of section 61 above shall apply to a code under this section as they apply to a code under that section.
(3) A failure on the part of a member of Her Majesty’s forces to comply with any provision of a code under this section shall not of itself render him liable to any criminal or civil proceedings other than—
(a) proceedings under any provision of the Army Act 1955 or the Air Force Act 1955 other than section 70; and
(b) proceedings under any provision of the Naval Discipline Act 1957 other than section 42.
(4) In this section “criminal proceedings” has the same meaning as in section 61 above.
(1) Where under this Act any real or personal property is taken, occupied, destroyed or damaged, or any other act is done interfering with private rights of property, compensation shall, subject to the provisions of this section, be payable by the Secretary of State to any person who—
(a) has an estate or interest in that property or (as the case may be) is entitled to those rights of property, and
(b) suffers loss or damage as a result of the act.
(2) No compensation shall be payable under this section in respect of any act falling within subsection (1) above unless an application for such compensation is made to the Secretary of State, in such manner as he may specify, within—
(a) the period of four months beginning with the date when the act was done, or
(b) such longer period beginning with that date and not exceeding twelve months as—
(i) the Secretary of State on a request being made to him in writing, or
(ii) the county court on an appeal under subsection (3) below,
may in a particular case allow.
(3) Where the Secretary of State refuses any request made to him for the purposes of subsection (2)(b) above, he shall serve a notice of his refusal on the person who made the request, and that person may, within the period of six weeks beginning with the date of service of the notice, appeal to the county court against that refusal.
(4) Where the Secretary of State has determined any application for compensation made in accordance with subsection (2) above, he shall serve on the applicant either—
(a) a notice stating that he has decided to award the applicant compensation in pursuance of his application and specifying the amount of the award, or
(b) a notice stating that he has decided to refuse the application;
and the applicant may within the period of six weeks beginning with the date of service of the notice appeal to the county court against the decision of the Secretary of State to pay the amount of compensation specified in the notice or (as the case may be) to refuse the application and unless he so appeals within that period that decision shall become in all respects final and binding.
(5) Any notice served under subsection (3) or (4) above shall contain particulars of the right of appeal under that subsection and, in the case of a notice served under subsection (4), of the consequences of a failure to exercise that right.
(6) Where—
(a) a person having a right to compensation under this section has made an application in accordance with subsection (2) above, and
(b) by virtue of any assignment or operation of law that right has passed to any other person,
that other person (or, if he is subject to any legal disability, the person appearing to the Secretary of State to be entitled to act on his behalf) may be treated by the Secretary of State as the applicant for the purposes of any provision of this section.
(7) Where—
(a) a person has a right to compensation in respect of any act falling within subsection (1) above, and
(b) the act was done in connection with, or revealed evidence of the commission of—
(i) a scheduled offence, or
(ii) an offence under this Act other than a scheduled offence, and
(c) proceedings for that offence are brought against that person,
his right to such compensation shall not be enforceable at any time when any such proceedings have not been concluded or if he is convicted of the offence.
(8) Subsection (1) above does not apply to anything done under Part VII of this Act or Schedule 4 to this Act.
Any notice required by section 63 above to be served on any person by the Secretary of State may—
(a) if that person is an individual, be served on him—
(i) by delivering it to him, or
(ii) by sending it by post addressed to him at his usual or last-known place of residence or business, or
(iii) by leaving it for him there;
(b) if that person is a partnership, be served on the partnership—
(i) by sending it by post to a partner, or to a person having the control or management of the partnership business, at the principal office of the partnership, or
(ii) by addressing it to a partner or any such person and leaving it at that office;
(c) if that person is a body corporate, be served on the body—
(i) by sending it by post to the secretary or clerk of the body at its registered or principal office, or
(ii) by addressing it to the secretary or clerk of the body and leaving it at that office; or
(d) in any case, be served on that person’s solicitor by delivering it to the solicitor, or by sending it by post to him at his office, or by leaving it for him there.
A prosecution in respect of an offence under this Act shall not be instituted in Northern Ireland except by or with the consent of the Director of Public Prosecutions for Northern Ireland or in England and Wales except by or with the consent of the Director of Public Prosecutions.
In this Act, except so far as the context otherwise requires—
“dwelling-house” means any building or part of a building used as a dwelling;
“explosive” means any article or substance manufactured for the purpose of producing a practical effect by explosion;
“explosive substance” means any substance for the time being specified in regulations made under section 3 of the Explosives Act (Northern Ireland) 1970;
“firearm” includes an air gun or air pistol;
“proscribed organisation” means an organisation for the time being specified in Schedule 2 to this Act, including an organisation which is to be treated as a proscribed organisation by virtue of section 28(2) above;
“public place” means a place to which for the time being members of the public have or are permitted to have access, whether on payment or otherwise;
“scheduled offence” has the meaning given by section 1 above;
“terrorism” means the use of violence for political ends and includes any use of violence for the purpose of putting the public or any section of the public in fear;
“terrorist” means a person who is or has been concerned in the commission or attempted commission of any act of terrorism or in directing, organising or training persons for the purpose of terrorism;
“vehicle” includes a hovercraft.
(1) Subject to subsection (4) below, any power to make orders or regulations conferred by this Act shall be exercisable by statutory instrument.
(2) No order under section 1 or 28 above or 69(3) below and no regulations under section 58 above shall be made unless—
(a) a draft of the order or regulations has been approved by resolution of each House of Parliament; or
(b) it is declared in the order or regulations that it appears to the Secretary of State that by reason of urgency it is necessary to make the order or regulations without a draft having been so approved.
(3) Orders and regulations under the provisions mentioned in subsection (2) above shall, if not so approved in draft, be laid before Parliament after being made and, if at the end of the period of forty days (computed in accordance with section 7(1) of the Statutory Instruments Act 1946) after the day on which the Secretary of State made such an order or regulations a resolution has not been passed by each House approving the order or regulations in question, the order or regulations shall then cease to have effect (but without prejudice to anything previously done or to the making of a new order or new regulations).
(4) Subsection (1) above does not apply to any order under section 25, Schedule 3 or paragraph 6(1)(d) of Schedule 5 or any order under regulations made by virtue of section 58.
(5) Any regulations under section 8 and any order under section 14(5), 15(8), 47(5), 61 or 62 above or under paragraph 7(3) or 19(1)(a) of Schedule 4 or paragraph 7 of Schedule 5 to this Act shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(7) Any order under section 37(4) above shall be laid before Parliament after being made.
69 Commencement, duration, expiry and revival of provisions of this Act.
(1) This Act except Part VII shall come into force at the end of the period of two months beginning with the day on which it is passed and that Part shall come into force on such date as the Secretary of State may by order appoint.
(2) The temporary provisions of this Act, that is to say, Parts I to VIII except—
(a) section 7, Part III of Schedule 1 and, so far as they relate to offences which are scheduled offences by virtue of that Part, sections 3, 9 and 10;
(b) sections 63 and 64; and
(c) paragraphs 20 to 20C of Schedule 4,
shall expire with 15th June 1992 unless continued in force by an order under subsection (3) below.
(3) The Secretary of State may by order provide—
(a) that all or any of the temporary provisions of this Act which are for the time being in force (including any in force by virtue of an order under this section) shall continue in force for a period not exceeding twelve months from the coming into operation of the order;
(b) that all or any of those provisions which are for the time being in force shall cease to be in force; or
(c) that all or any of those provisions which are not for the time being in force shall come into force again and remain in force for a period not exceeding twelve months from the coming into operation of the order.
(4) The Secretary of State shall be deemed to have made an order under subsection (3)(b) above in respect of the provisions of section 34 and Schedule 3 with effect immediately after the coming into force of those provisions.
(5) The coming into force of any provision of sections 9 to 12 above by virtue of an order made under subsection (3)(c) above shall not affect any trial on indictment where the indictment has been presented, or any summary trial which has started, before the coming into force of that provision, and any such trial shall be conducted as if the provision had not come into force.
(6) Where before the coming into force of subsection (1) of section 9 above by virtue of such an order 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 that subsection, 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 the Lord Chancellor gives a direction under that subsection with respect to the trial) to the Crown Court sitting at the place specified in the direction.
(7) The expiry or cesser of any provision mentioned in subsection (5) above shall not affect the application of that provision to any trial on indictment where the indictment has been presented, or any summary trial which has started, before the expiry or cesser; and the expiry or cesser of section 14 or 15 above shall not affect the operation of that section in relation to an offence committed while it was in force.
(8) It is hereby declared that the expiry or cesser of any provision of section 9 above shall not affect—
(a) any committal of a person for trial in accordance with that provision to the Crown Court sitting either in Belfast or elsewhere, or
(b) any 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,
in a case where the indictment has not been presented.
(9) This Act shall, by virtue of this subsection, be repealed as from the end of the period of five years beginning with the date on which it came into force.
(1) Neither any rule of law nor any enactment other than this Act nor anything contained in a commission issued for the trial of any person shall be construed as limiting or otherwise affecting the operation of any provision of this Act for the time being in force, but—
(a) subject to the foregoing, any power conferred by this Act shall not derogate from Her Majesty’s prerogative or any powers exercisable apart from this Act by virtue of any rule of law or enactment; and
(b) subject to the foregoing and to section 69(7) above, a provision of this Act shall not affect the operation of any rule of law or enactment at a time when the provision is not in force.
(2) Any rules in force at the coming into force of this Act under section 28A(1) of the Northern Ireland (Emergency Provisions) Act 1978 shall have effect as if they were county court rules made in relation to appeals under section 63 above.
(3) The enactments mentioned in Schedule 7 to this Act shall be amended in accordance with that Schedule.
(4) The enactments mentioned in Part I of Schedule 8 to this Act are hereby repealed, and the instruments mentioned in Part II of that Schedule are hereby revoked, to the extent there specified.
(1) This Act may be cited as the Northern Ireland (Emergency Provisions) Act 1991.
(2) Except for sections 53, to 54A, 55A and 57, paragraph 19 of Schedule 4, Schedule 5, this Part of this Act so far as relating to those provisions and paragraph 5(2), (3), (7) and (8) of Schedule 7, this Act extends to Northern Ireland only.
(3) Her Majesty may by Order in Council direct that any of the provisions of section 57 and Schedule 5 shall extend, with such modifications as appear to Her Majesty to be appropriate, to any of the Channel Islands or the Isle of Man.
Section 1.
Part I Substantive Offences
Common law offences
1 Murder subject to note 1 below.
2 Manslaughter subject to note 1 below.
3 The common law offence of riot.
4 Kidnapping subject to note 1 below.
5 False imprisonment subject to note 1 below.
6 Assault occasioning actual bodily harm subject to note 1 below.
Malicious Damage Act 1861
7 Offences under section 35 of the Malicious Damage Act 1861 (interference with railway) subject to note 1 below.
Offences against the Person Act 1861
8 Offences under the following provisions of the Offences against the Person Act 1861—
(a) section 4 (conspiracy, etc to murder) subject to note 1 below;
(b) section 16 (threats to kill) subject to note 1 below;
(c) section 18 (wounding with intent to cause grievous bodily harm) subject to note 1 below;
(d) section 20 (causing grievous bodily harm) subject to note 1 below;
(e) section 28 (causing grievous bodily harm by explosives);
(f) section 29 (causing explosion or sending explosive substance or throwing corrosive liquid with intent to cause grievous bodily harm);
(g) section 30 (placing explosive near building or ship with intent to do bodily injury).
Explosive Substances Act 1883
9 Offences under the following provisions of the Explosive Substances Act 1883—
(a) section 2 (causing explosion likely to endanger life or damage property);
(b) section 3 (attempting to cause any such explosion, and making or possessing explosive with intent to endanger life or cause serious damage to property);
(c) section 4 (making or possessing explosives in suspicious circumstances).
Prison Act (Northern Ireland) 1953
10 Offences under the following provisions of the Prison Act (Northern Ireland) 1953 subject to note 1 below—
(a) section 25 (being unlawfully at large while under sentence);
(b) section 26 (escaping from lawful custody and failing to surrender to bail);
(c) section 27 (attempting to break prison);
(d) section 28 (breaking prison by force or violence);
(e) section 29 (rescuing or assisting or permitting to escape from lawful custody persons under sentence of death or life imprisonment);
(f) section 30 (rescuing or assisting or permitting to escape from lawful custody persons other than persons under sentence of death or life imprisonment);
(g) section 32 (causing discharge of prisoner under pretended authority);
(h) section 33 (assisting prisoners to escape by conveying things into prisons).
Theft Act (Northern Ireland) 1969
11 Offences under the following provisions of the Theft Act (Northern Ireland) 1969—
(a) section 1 (theft) subject to note 2 below;
(b) section 8 (robbery) subject to note 3 below;
(c) section 9 (burglary) subject to note 2 below;
(d) section 10 (aggravated burglary) subject to note 3 below;
(e) section 15 (obtaining property by deception) subject to note 2 below;
(f) section 20 (blackmail) subject to notes 1 and 2 below.
Protection of the Person and Property Act (Northern Ireland) 1969
12 Offences under the following provisions of the Protection of the Person and Property Act (Northern Ireland) 1969—
(a) section 1 (intimidation) subject to note 1 below;
(b) section 2 (making or possessing petrol bomb, etc. in suspicious circumstances);
(c) section 3 (throwing or using petrol bomb, etc).
Hijacking
13 Offences under section 1 of the Aviation Security Act 1982 (aircraft).
14 Offences in Northern Ireland under section 2 of the Criminal Jurisdiction Act 1975 (vehicles).
Criminal Damage (Northern Ireland) Order 1977
15 Offences under the following provisions of the Criminal Damage (Northern Ireland) Order 1977 subject to note 1 below—
(a) Article 3(1) and (3) or Article 3(2) and (3) (arson);
(b) Article 3(2) (destroying or damaging property with intent to endanger life);
(c) Article 4 (threats to destroy or damage property);
(d) Article 5 (possessing anything with intent to destroy or damage property).
Criminal Law (Amendment) (Northern Ireland) Order 1977
16 Offences under Article 3 of the Criminal Law (Amendment) (Northern Ireland) Order 1977 (bomb hoaxes) subject to note 1 below.
Firearms (Northern Ireland) Order 1981
17 Offences under the following provisions of the Firearms (Northern Ireland) Order 1981—
(a) Article 3(1) (possessing, purchasing or acquiring firearm or ammunition without certificate) subject to note 1 below;
(b) Article 4(1), (2), (3) or (4) (manufacturing, dealing in, repairing, etc, firearm or ammunition without being registered) subject to note 1 below;
(c) Article 5 (shortening barrel of shot gun or converting imitation firearm into firearm) subject to note 1 below;
(d) Article 6(1) (manufacturing, dealing in or possessing machine gun, or weapon discharging, or ammunition containing, noxious substance) subject to note 1 below;
(e) Article 17 (possessing firearm or ammunition with intent to endanger life or cause serious damage to property);
(f) Article 18 (use or attempted use of firearm or imitation firearm to prevent arrest of self or another etc.);
(g) Article 19 (carrying firearm or imitation firearm with intent to commit indictable offence or prevent arrest of self or another);
(h) Article 20 (carrying firearm, etc., in public place) subject to notes 1 and 4 below;
(i) Article 22 (possession of firearm or ammunition by person who has been sentenced to imprisonment, etc., and sale of firearm or ammunition to such a person) subject to note 1 below;
(j) Article 23 (possessing firearm or ammunition in suspicious circumstances).
Taking of Hostages Act 1982
18 Offences under the Taking of Hostages Act 1982.
Nuclear Material (Offences) Act 1983
19 Offences under section 2 of the Nuclear Material (Offences) Act 1983 (offences involving nuclear material: preparatory acts and threats).
Prevention of Terrorism (Temporary Provisions) Act 1989
20 Offences under the following provisions of the Prevention of Terrorism (Temporary Provisions) Act 1989—
(a) section 8 (breach of exclusion order);
(b) sections 9, 10 and 11 (financial assistance for terrorism);
(c) section 17 and Schedule 7 (terrorist investigations);
(d) section 18 (information about acts of terrorism);
(dd) section 18A (failure to disclose knowledge or suspicion of financial assistance for terrorism);
(e) paragraph 25B of Schedule 4 (contravention of restraint orders).
Aviation and Maritime Security Act 1990
21 Offences under the following provisions of the Aviation and Maritime Security Act 1990—
(a) section 1 (endangering safety at aerodromes);
(b) section 9 (hijacking of ships);
(c) section 10 (seizing or exercising control of fixed platforms).
Channel Tunnel (Security) Order 1994 No. 570
21A Offences under the following provisions of the Channel Tunnel (Security) Order 1994—
(a) Article 4 (hijacking of Channel Tunnel trains);
(b) Article 5 (seizing or exercising control of the tunnel system).
This Act
22 Offences under the following provisions of this Act—
(a) section 19(12);
(b) section 27;
(c) section 28;
(d) section 29;
(e) section 30;
(f) section 31;
(g) section 32;
(h) section 33;
(i) section 35;
(j) section 53;
(k) section 54;
(kk) section 54A;
(l) paragraph 13 of Schedule 3;
(m) paragraph 9 of Schedule 4;
(n) paragraph 4 of Schedule 5.
Notes
1 Any offence specified in this Part of this Schedule which is stated to be subject to this note is not a scheduled offence in any particular case in which the Attorney General for Northern Ireland certifies that it is not to be treated as a scheduled offence.
2 An offence specified in paragraph 11(a), (c) or (e) is a scheduled offence only where it is charged that the offence was committed in relation to or by means of nuclear material within the meaning of the Nuclear Material (Offences) Act 1983; and the Attorney General for Northern Ireland shall not certify that the offence specified in paragraph 11(f) is not to be treated as a scheduled offence in a case where it is charged that the offence was so committed.
3 An offence specified in paragraph 11(b) or (d) is a scheduled offence only where it is charged—
(a) that an explosive, firearm, imitation firearm or weapon of offence was used to commit the offence; or
(b) that the offence was committed in relation to or by means of nuclear material within the meaning of the Nuclear Material (Offences) Act 1983;
and expressions defined in section 10 of the Theft Act (Northern Ireland) 1969 have the same meaning when used in this note.
4 The offence specified in paragraph 17(h) is a scheduled offence only where it is charged that the offence relates to a weapon other than an air weapon.
Part II Inchoate and Related Offences
Each of the following offences, that is to say—
aiding, abetting, counselling, procuring or inciting the commission of an offence specified in Part I of this Schedule (hereafter in this paragraph referred to as a “substantive offence”);
attempting or conspiring to commit a substantive offence;
an offence under section 4 of the Criminal Law Act (Northern Ireland) 1967 of doing any act with intent to impede the arrest or prosecution of a person who has committed a substantive offence;
an offence under section 5(1) of the Criminal Law Act (Northern Ireland) 1967 of failing to give information to a constable which is likely to secure, or to be of material assistance in securing, the apprehension, prosecution or conviction of a person for a substantive offence,
shall be treated for the purposes of this Act as if it were the substantive offence.
Part III Extra-Territorial Offences
Any extra-territorial offence as defined in section 1(3) of the Criminal Jurisdiction Act 1975.
Part IV Offences Charged Following Terrorist Funds Investigations
Any offence, other than a summary offence, which an officer of the Royal Ulster Constabulary not below the rank of superintendent certifies is charged in consequence of a terrorist funds investigation, unless the Attorney General for Northern Ireland certifies that it is not to be treated as a scheduled offence; and in this Part of this Schedule—
“summary offence” means an offence which, if committed by an adult, is punishable only on summary conviction; and
“a terrorist funds investigation” means an investigation for the purposes of which a person has been authorised under section 57 of this Act to exercise the powers conferred by Schedule 5 to this Act.
Section 28.
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.