46 Duration of authorisation.
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In force since 2026-07-08, as the publisher states.
Copy read on 2026-11-08. The page it was read from
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.
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Propose a change(1) A senior police officer may give an authorisation under subsection (2) or (3) in relation to a specified area or place if the officer— (a) reasonably suspects that an act of terrorism will take place; and (b) reasonably considers that— (i) the authorisation is necessary to prevent such an act; (ii) the specified area or place is no greater than is necessary to prevent such an act; and (iii) the duration of the authorisation is no longer than is necessary to prevent such an act. (2) An authorisation under this subsection authorises any constable in uniform to stop a vehicle in the specified area or place and to search— (a) the vehicle; (b) the driver of the vehicle; (c) a passenger in the vehicle; (d) anything in or on the vehicle or carried by the driver or a passenger. (3) An authorisation under this subsection authorises any constable in uniform to stop a pedestrian in the specified area or place and to search— (a) the pedestrian; (b) anything carried by the pedestrian. (4) A constable in uniform may exercise the power conferred by an authorisation under subsection (2) or (3) only for the purpose of discovering whether there is anything which may constitute evidence that the vehicle concerned is being used for the purposes of terrorism or (as the case may be) that the person concerned is a person falling within section 40(1)(b). (5) But the power conferred by such an authorisation may be exercised whether or not the constable reasonably suspects that there is such evidence. (6) A constable may seize and retain anything which the constable— (a) discovers in the course of a search under such an authorisation; and (b) reasonably suspects may constitute evidence that the vehicle concerned is being used for the purposes of terrorism or (as the case may be) that the person concerned is a person falling within section 40(1)(b). (7) Schedule 6B (which makes supplementary provision about authorisations under this section) has effect. (8) In this section— “driver” has the meaning given by section 43A(5); “senior police officer” has the same meaning as in Schedule 6B (see paragraph 14(1) and (2) of that Schedule); “specified” means specified in an authorisation.
Propose a change(1) The Secretary of State must prepare a code of practice containing guidance about— (a) the exercise of the powers conferred by sections 43 , 43A and 43C, (b) the exercise of the powers to give an authorisation under section 47A(2) or (3), (c) the exercise of the powers conferred by such an authorisation and section 47A(6), and (d) such other matters in connection with the exercise of any of the powers mentioned in paragraphs (a) to (c) as the Secretary of State considers appropriate. (2) Such a code may make different provision for different purposes. (3) In the course of preparing such a code, the Secretary of State must consult the Lord Advocate and such other persons as the Secretary of State considers appropriate.
Propose a change(1) The Secretary of State must lay before Parliament— (a) a code of practice prepared under section 47AA, and (b) a draft of an order providing for the code to come into force. (2) The Secretary of State must make the order and issue the code if the draft of the order is approved by a resolution of each House of Parliament. (3) The Secretary of State must not make the order or issue the code unless the draft of the order is so approved. (4) The Secretary of State must prepare another code of practice under section 47AA if— (a) the draft of the order is not so approved, and (b) the Secretary of State considers that there is no realistic prospect that it will be so approved. (5) A code comes into force in accordance with an order under this section.
Propose a change(1) The Secretary of State— (a) must keep the search powers code under review, and (b) may prepare an alteration to the code or a replacement code. (2) Before preparing an alteration or a replacement code, the Secretary of State must consult the Lord Advocate and such other persons as the Secretary of State considers appropriate. (3) Section 47AB (other than subsection (4)) applies to an alteration or a replacement code prepared under this section as it applies to a code prepared under section 47AA. (4) In this section “the search powers code” means the code of practice issued under section 47AB (2) (as altered or replaced from time to time).
Propose a change(1) The Secretary of State must publish the code (and any replacement code) issued under section 47AB (2). (2) The Secretary of State must publish— (a) any alteration issued under section 47AB (2), or (b) the code or replacement code as altered by it.
Propose a change(1) A constable must have regard to the search powers code when exercising any powers to which the code relates. (2) A failure on the part of a constable to act in accordance with any provision of the search powers code does not of itself make that person liable to criminal or civil proceedings. (3) The search powers code is admissible in evidence in any such proceedings. (4) A court or tribunal may, in particular, take into account a failure by a constable to have regard to the search powers code in determining a question in any such proceedings. (5) The references in this section to a constable include, in relation to any functions exercisable by a person by virtue of ... paragraph 16 of Schedule 2A to the Police (Northern Ireland) Act 2003 (search powers in specified areas or places for community support officers), references to that person. (6) In this section “the search powers code” means the code of practice issued under section 47AB (2) (as altered or replaced from time to time).
Propose a change(1) An authorisation under this section authorises any constable in uniform to prohibit or restrict the parking of vehicles on a road specified in the authorisation. (2) An authorisation may be given only if the person giving it considers it expedient for the prevention of acts of terrorism. (3) An authorisation may be given— (a) where the road specified is in England and Wales and is wholly or partly within a police area other than one mentioned in paragraphs (b) or (c), by a police officer for the area who is of at least the rank of assistant chief constable; (b) where the road specified is wholly or partly in the metropolitan police district, by a police officer for the district who is of at least the rank of commander of the metropolitan police; (c) where the road specified is wholly or partly in the City of London, by a police officer for the City who is of at least the rank of commander in the City of London police force; (ca) where the road specified is in Scotland, by a constable of the Police Service of Scotland who is of at least the rank of assistant chief constable; (d) where the road specified is in Northern Ireland, by a member of the Royal Ulster Constabulary who is of at least the rank of assistant chief constable. (4) If an authorisation is given orally, the person giving it shall confirm it in writing as soon as is reasonably practicable.
Propose a change(1) The power conferred by an authorisation under section 48 shall be exercised by placing a traffic sign on the road concerned. (2) A constable exercising the power conferred by an authorisation under section 48 may suspend a parking place. (3) Where a parking place is suspended under subsection (2), the suspension shall be treated as a restriction imposed by virtue of section 48— (a) for the purposes of section 99 of the Road Traffic Regulation Act 1984 (removal of vehicles illegally parked, &c.) and of any regulations in force under that section, and (b) for the purposes of Articles 47 and 48 of the Road Traffic Regulation (Northern Ireland) Order 1997 (in relation to Northern Ireland).
Propose a change(1) An authorisation under section 48 has effect, subject to subsections (2) and (3), during the period specified in the authorisation. (2) The period specified shall not exceed 28 days. (3) An authorisation may be renewed in writing by the person who gave it or by a person who could have given it; and subsections (1) and (2) shall apply as if a new authorisation were given on each occasion on which the authorisation is renewed.
Propose a change(1) A person commits an offence if he parks a vehicle in contravention of a prohibition or restriction imposed by virtue of section 48. (2) A person commits an offence if— (a) he is the driver or other person in charge of a vehicle which has been permitted to remain at rest in contravention of any prohibition or restriction imposed by virtue of section 48, and (b) he fails to move the vehicle when ordered to do so by a constable in uniform. (3) It is a defence for a person charged with an offence under this section to prove that he had a reasonable excuse for the act or omission in question. (4) Possession of a current disabled person’s badge shall not itself constitute a reasonable excuse for the purposes of subsection (3). (5) A person guilty of an offence under subsection (1) shall be liable on summary conviction to a fine not exceeding level 4 on the standard scale. (6) A person guilty of an offence under subsection (2) shall be liable on summary conviction to— (a) imprisonment for a term not exceeding three months, (b) a fine not exceeding level 4 on the standard scale, or (c) both.
Propose a changeIn sections 48 to 51— “disabled person’s badge” means a badge issued, or having effect as if issued, under any regulations for the time being in force under section 21 of the Chronically Sick and Disabled Persons Act 1970 (in relation to England and Wales and Scotland) or section 14 of the Chronically Sick and Disabled Persons (Northern Ireland) Act 1978 (in relation to Northern Ireland); “driver” means, in relation to a vehicle which has been left on any road, the person who was driving it when it was left there; “parking” means leaving a vehicle or permitting it to remain at rest; “traffic sign” has the meaning given in section 142(1) of the Road Traffic Regulation Act 1984 (in relation to England and Wales and Scotland) and in Article 28 of the Road Traffic Regulation (Northern Ireland) Order 1997 (in relation to Northern Ireland); “vehicle” has the same meaning as in section 99(5) of the Road Traffic Regulation Act 1984 (in relation to England and Wales and Scotland) and Article 47(4) of the Road Traffic Regulation (Northern Ireland) Order 1997 (in relation to Northern Ireland).
Propose a change(1) Schedule 7 (port and border controls) shall have effect. (2) The Secretary of State may by order repeal paragraph 16 of Schedule 7. (3) The powers conferred by Schedule 7 shall be exercisable notwithstanding the rights conferred by section 1 of the Immigration Act 1971 (general principles regulating entry into and staying in the United Kingdom).
Propose a change(1) A person commits an offence if he provides instruction or training in the making or use of— (a) firearms, (aa) radioactive material or weapons designed or adapted for the discharge of any radioactive material, (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, (aa) radioactive material or weapons designed or adapted for the discharge of any radioactive material, (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— (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)— (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 (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 life , 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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Propose a changeIn section 54— “ biological weapon ” means a biological agent or toxin (within the meaning of the Biological Weapons Act 1974) in a form capable of use for hostile purposes or anything to which section 1(1)(b) of that Act applies, “chemical weapon” has the meaning given by section 1 of the Chemical Weapons Act 1996, and “ radioactive material ” means radioactive material capable of endangering life or causing harm to human health, . . .
Propose a change(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.
Propose a change(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 (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 15 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.
Propose a change(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, ... (b) he possesses a document or record containing information of that kind , or (c) the person views, or otherwise accesses, by means of the internet a document or record containing information of that kind. (1A) The cases in which a person collects or makes a record for the purposes of subsection (1)(a) include (but are not limited to) those in which the person does so by means of the internet (whether by downloading the record or otherwise). (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. (3A) The cases in which a person has a reasonable excuse for the purposes of subsection (3) include (but are not limited to) those in which— (a) at the time of the person's action or possession the person did not know, and had no reason to believe, that the document or record in question contained, or was likely to contain, information of a kind likely to be useful to a person committing or preparing an act of terrorism, or (b) the person's action or possession was for the purposes of— (i) carrying out work as a journalist, or (ii) academic research. (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 15 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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Propose a change(1) A person commits an offence who— (a) elicits or attempts to elicit information about an individual who is or has been— (i) a member of Her Majesty's forces, (ii) a member of any of the intelligence services, or (iii) a constable, which is of a kind likely to be useful to a person committing or preparing an act of terrorism, or (b) publishes or communicates any such information. (2) It is a defence for a person charged with an offence under this section to prove that they had a reasonable excuse for their action. (3) A person guilty of an offence under this section is liable— (a) on conviction on indictment, to imprisonment for a term not exceeding 15 years or to a fine, or to both; (b) on summary conviction— (i) in England and Wales or Scotland, to imprisonment for a term not exceeding 12 months or to a fine not exceeding the statutory maximum, or to both; (ii) in Northern Ireland, to imprisonment for a term not exceeding 6 months or to a fine not exceeding the statutory maximum, or to both. (3A) In subsection (3)(b)(i), in its application to England and Wales, the reference to 12 months is to be read as a reference to the general limit in a magistrates’ court. (4) In this section “ the intelligence services ” means the Security Service, the Secret Intelligence Service and GCHQ (within the meaning of section 3 of the Intelligence Services Act 1994 (c. 13)). (5) Schedule 8A to this Act contains supplementary provisions relating to the offence under this section.
Propose a change(1) Subject to subsections (3) and (4), a person commits an offence if— (a) the person enters, or remains in, a designated area, and (b) the person is a United Kingdom national, or a United Kingdom resident, at the time of entering the area or at any time during which the person remains there. (2) It is a defence for a person charged with an offence under this section to prove that the person had a reasonable excuse for entering, or remaining in, the designated area. (3) A person does not commit an offence under this section of entering, or remaining in, a designated area if— (a) the person is already travelling to, or is already in, the area on the day on which it becomes a designated area, and (b) the person leaves the area before the end of the period of one month beginning with that day. (4) A person does not commit an offence under this section of entering, or remaining in, a designated area if— (a) the person enters, or remains in, a designated area involuntarily, or (b) the person enters, or remains in, a designated area for or in connection with one or more of the purposes mentioned in subsection (5). (5) The purposes are— (a) providing aid of a humanitarian nature; (b) satisfying an obligation to appear before a court or other body exercising judicial power; (c) carrying out work for the government of a country other than the United Kingdom (including service in or with the country's armed forces); (d) carrying out work for the United Nations or an agency of the United Nations; (e) carrying out work as a journalist; (f) attending the funeral of a relative or visiting a relative who is terminally ill; (g) providing care for a relative who is unable to care for themselves without such assistance. (6) But a person does not commit an offence of entering or remaining in a designated area by virtue of subsection (4)(b) only if— (a) the person enters or remains in the area exclusively for or in connection with one or more of the purposes mentioned in subsection (5), or (b) in a case where the person enters or remains in the area for or in connection with any other purpose or purposes (in addition to one or more of the purposes mentioned in subsection (5)), the other purpose or purposes provide a reasonable excuse for doing so under subsection (2). (7) The Secretary of State may by regulations add a purpose to or remove a purpose from subsection (5). (8) For the purposes of subsection (5)— (a) the reference to the provision of aid of a humanitarian nature does not include the provision of aid in contravention of internationally recognised principles and standards applicable to the provision of humanitarian aid; (b) references to the carrying out of work do not include the carrying out of any act which constitutes an offence in a part of the United Kingdom or would do so if the act occurred in a part of the United Kingdom; (c) a person is “terminally ill” at any time if at that time the person suffers from a progressive disease and the person's death in consequence of that disease can reasonably be expected within 6 months. (9) A person guilty of an offence under this section is liable on conviction on indictment to imprisonment for a term not exceeding 10 years, or to a fine, or to both. (10) In this section— “designated area” means an area outside the United Kingdom that is for the time being designated for the purposes of this section in regulations under section 58C; “relative” means spouse or civil partner, brother, sister, ancestor or lineal descendant; “United Kingdom national” means an individual who is— a British citizen, a British overseas territories citizen, a British National (Overseas) or a British Overseas citizen, a person who under the British Nationality Act 1981 is a British subject, or a British protected person within the meaning of that Act; “United Kingdom resident” means an individual who is resident in the United Kingdom. (11) The reference in subsection (3) to the day on which an area becomes a designated area is a reference to the day on which regulations under section 58C come into force designating the area for the purposes of this section. (12) Nothing in this section imposes criminal liability on any person acting on behalf of, or holding office under, the Crown.
Propose a change(1) The Secretary of State may by regulations designate an area outside the United Kingdom as a designated area for the purposes of section 58B if the following condition is met. (2) The condition is that the Secretary of State is satisfied that it is necessary, for the purpose of protecting members of the public from a risk of terrorism, to restrict United Kingdom nationals and United Kingdom residents from entering, or remaining in, the area. (3) The reference in subsection (2) to the public includes a reference to the public of a country other than the United Kingdom. (4) Where an area is designated by regulations under this section, the Secretary of State must— (a) keep under review whether the condition in subsection (2) continues to be met in relation to the area, and (b) if the Secretary of State determines that the condition is no longer met, revoke the regulations (or revoke them so far as they have effect in relation to that area if the regulations designate more than one area). (5) Regulations under this section cease to have effect at the end of the period of 3 years beginning with the day on which they are made (unless they cease to have effect at an earlier time as a result of their revocation or by virtue of section 123(6ZA)(b)). (6) Subsection (5) does not prevent the making of new regulations to the same or similar effect. (7) In this section “designated area”, “United Kingdom national” and “United Kingdom resident” have the same meaning as in section 58B.
Propose a change(1) A person commits an offence if— (a) he incites another person to commit an act of terrorism wholly or partly outside the United Kingdom, and (b) the act would, if committed in England and Wales, constitute one of the offences listed in subsection (2). (2) Those offences are— (a) murder, (b) an offence under section 18 of the Offences against the Person Act 1861 (wounding with intent), (c) an offence under section 23 or 24 of that Act (poison), (d) an offence under section 28 or 29 of that Act (explosions), and (e) an offence under section 1(2) of the Criminal Damage Act 1971 (endangering life by damaging property). (3) A person guilty of an offence under this section shall be liable to any penalty to which he would be liable on conviction of the offence listed in subsection (2) which corresponds to the act which he incites. (4) For the purposes of subsection (1) it is immaterial whether or not the person incited is in the United Kingdom at the time of the incitement. (5) Nothing in this section imposes criminal liability on any person acting on behalf of, or holding office under, the Crown.
Propose a change(1) A person commits an offence if— (a) he incites another person to commit an act of terrorism wholly or partly outside the United Kingdom, and (b) the act would, if committed in Northern Ireland, constitute one of the offences listed in subsection (2). (2) Those offences are— (a) murder, (b) an offence under section 18 of the Offences against the Person Act 1861 (wounding with intent), (c) an offence under section 23 or 24 of that Act (poison), (d) an offence under section 28 or 29 of that Act (explosions), and (e) an offence under Article 3(2) of the Criminal Damage (Northern Ireland) Order 1977 (endangering life by damaging property). (3) A person guilty of an offence under this section shall be liable to any penalty to which he would be liable on conviction of the offence listed in subsection (2) which corresponds to the act which he incites. (4) For the purposes of subsection (1) it is immaterial whether or not the person incited is in the United Kingdom at the time of the incitement. (5) Nothing in this section imposes criminal liability on any person acting on behalf of, or holding office under, the Crown.
Propose a change(1) A person commits an offence if— (a) he incites another person to commit an act of terrorism wholly or partly outside the United Kingdom, and (b) the act would, if committed in Scotland, constitute one of the offences listed in subsection (2). (2) Those offences are— (a) murder, (b) assault to severe injury, and (c) reckless conduct which causes actual injury. (3) A person guilty of an offence under this section shall be liable to any penalty to which he would be liable on conviction of the offence listed in subsection (2) which corresponds to the act which he incites. (4) For the purposes of subsection (1) it is immaterial whether or not the person incited is in the United Kingdom at the time of the incitement. (5) Nothing in this section imposes criminal liability on any person acting on behalf of, or holding office under, the Crown.
Propose a change(1) If— (a) a person does anything outside the United Kingdom as an act of terrorism or for the purposes of terrorism, and (b) his action would have constituted the commission of one of the offences listed in subsection (2) if it had been done in the United Kingdom, he shall be guilty of the offence. (2) The offences referred to in subsection (1)(b) are— (a) an offence under section 2, 3 or 5 of the Explosive Substances Act 1883 (causing explosions, &c.), (b) an offence under section 1 of the Biological Weapons Act 1974 (biological weapons), and (c) an offence under section 2 of the Chemical Weapons Act 1996 (chemical weapons).
Propose a change(1) If— (a) a person does anything outside the United Kingdom, and (b) his action would have constituted the commission of an offence under any of sections 15 to 18 if it had been done in the United Kingdom, he shall be guilty of the offence. (2) For the purposes of subsection (1)(b), section 18(1)(b) shall be read as if for “the jurisdiction” there were substituted “ a jurisdiction ”.
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Propose a change(1) If— (a) a United Kingdom national or a United Kingdom resident does anything outside the United Kingdom, and (b) his action, if done in any part of the United Kingdom, would have constituted an offence under . . . any of sections 56 to 61, he shall be guilty in that part of the United Kingdom of the offence. (2) For the purposes of this section and sections 63B and 63C a “ United Kingdom national ” means an individual who is— (a) a British citizen, a British overseas territories citizen, a British National (Overseas) or a British Overseas citizen, (b) a person who under the British Nationality Act 1981 is a British subject, or (c) a British protected person within the meaning of that Act. (3) For the purposes of this section and sections 63B and 63C a “ United Kingdom resident ” means an individual who is resident in the United Kingdom.
Propose a change(1) If— (a) a United Kingdom national or a United Kingdom resident does anything outside the United Kingdom as an act of terrorism or for the purposes of terrorism, and (b) his action, if done in any part of the United Kingdom, would have constituted an offence listed in subsection (2), he shall be guilty in that part of the United Kingdom of the offence. (2) These are the offences— (a) murder, manslaughter, culpable homicide, rape, assault causing injury, assault to injury, kidnapping, abduction or false imprisonment, (b) an offence under section 4, 16, 18, 20, 21, 22, 23, 24, 28, 29, 30 or 64 of the Offences against the Person Act 1861, (c) an offence under any of sections 1 to 5 of the Forgery and Counterfeiting Act 1981, (d) the uttering of a forged document or an offence under section 46A of the Criminal Law (Consolidation) (Scotland) Act 1995, (e) an offence under section 1 or 2 of the Criminal Damage Act 1971, (f) an offence under Article 3 or 4 of the Criminal Damage (Northern Ireland) Order 1977, (g) malicious mischief, (h) wilful fire-raising.
Propose a change(1) If— (a) a person does anything outside the United Kingdom as an act of terrorism or for the purposes of terrorism, (b) his action is done to, or in relation to, a United Kingdom national, a United Kingdom resident or a protected person, and (c) his action, if done in any part of the United Kingdom, would have constituted an offence listed in subsection (2), he shall be guilty in that part of the United Kingdom of the offence. (2) These are the offences— (a) murder, manslaughter, culpable homicide, rape, assault causing injury, assault to injury, kidnapping, abduction or false imprisonment, (b) an offence under section 4, 16, 18, 20, 21, 22, 23, 24, 28, 29, 30 or 64 of the Offences against the Person Act 1861, (c) an offence under section 1, 2, 3, 4 or 5(1) or (3) of the Forgery and Counterfeiting Act 1981, (d) the uttering of a forged document or an offence under section 46A(1) of the Criminal Law (Consolidation) (Scotland) Act 1995. (3) For the purposes of this section and section 63D a person is a protected person if— (a) he is a member of a United Kingdom diplomatic mission within the meaning of Article 1(b) of the Vienna Convention on Diplomatic Relations signed in 1961 (as that Article has effect in the United Kingdom by virtue of section 2 of and Schedule 1 to the Diplomatic Privileges Act 1964), (b) he is a member of a United Kingdom consular post within the meaning of Article 1(g) of the Vienna Convention on Consular Relations signed in 1963 (as that Article has effect in the United Kingdom by virtue of section 1 of and Schedule 1 to the Consular Relations Act 1968), (c) he carries out any functions for the purposes of the the European Medicines Agency , or (d) he carries out any functions for the purposes of a body specified in an order made by the Secretary of State. (4) The Secretary of State may specify a body under subsection (3)(d) only if— (a) it is established by or under the Treaty on the Functioning of the European Union or the Treaty on European Union, and (b) the principal place in which its functions are carried out is a place in the United Kingdom. (5) If in any proceedings a question arises as to whether a person is or was a protected person, a certificate— (a) issued by or under the authority of the Secretary of State, and (b) stating any fact relating to the question, is to be conclusive evidence of that fact.
Propose a change(1) If— (a) a person does anything outside the United Kingdom as an act of terrorism or for the purposes of terrorism, (b) his action is done in connection with an attack on relevant premises or on a vehicle ordinarily used by a protected person, (c) the attack is made when a protected person is on or in the premises or vehicle, and (d) his action, if done in any part of the United Kingdom, would have constituted an offence listed in subsection (2), he shall be guilty in that part of the United Kingdom of the offence. (2) These are the offences— (a) an offence under section 1 of the Criminal Damage Act 1971, (b) an offence under Article 3 of the Criminal Damage (Northern Ireland) Order 1977, (c) malicious mischief, (d) wilful fire-raising. (3) If— (a) a person does anything outside the United Kingdom as an act of terrorism or for the purposes of terrorism, (b) his action consists of a threat of an attack on relevant premises or on a vehicle ordinarily used by a protected person, (c) the attack is threatened to be made when a protected person is, or is likely to be, on or in the premises or vehicle, and (d) his action, if done in any part of the United Kingdom, would have constituted an offence listed in subsection (4), he shall be guilty in that part of the United Kingdom of the offence. (4) These are the offences— (a) an offence under section 2 of the Criminal Damage Act 1971, (b) an offence under Article 4 of the Criminal Damage (Northern Ireland) Order 1977, (c) breach of the peace (in relation to Scotland only). (5) “ Relevant premises ” means— (a) premises at which a protected person resides or is staying, or (b) premises which a protected person uses for the purpose of carrying out his functions as such a person.
Propose a change(1) Proceedings for an offence which (disregarding the Acts listed in subsection (2)) would not be an offence apart from section 63B, 63C or 63D are not to be started— (a) in England and Wales, except by or with the consent of the Attorney General, (b) in Northern Ireland, except by or with the consent of the Advocate General for Northern Ireland. (2) These are the Acts— (a) the Internationally Protected Persons Act 1978, (b) the Suppression of Terrorism Act 1978, (c) the Nuclear Material (Offences) Act 1983, (d) the United Nations Personnel Act 1997. (3) For the purposes of sections 63C and 63D it is immaterial whether a person knows that another person is a United Kingdom national, a United Kingdom resident or a protected person. (4) In relation to any time before the coming into force of section 27(1) of the Justice (Northern Ireland) Act 2002, the reference in subsection (1)(b) to the Advocate General for Northern Ireland is to be read as a reference to the Attorney General for Northern Ireland.
Propose a change(1) The metropolitan police force must provide a system for the accreditation of financial investigators (“counter-terrorism financial investigators”). (2) The system of accreditation must include provision for— (a) the monitoring of the performance of counter-terrorism financial investigators, (b) the withdrawal of accreditation from any person who contravenes or fails to comply with any condition subject to which he or she was accredited, and (c) securing that decisions under that system which concern— (i) the grant or withdrawal of accreditations, or (ii) the monitoring of the performance of counter-terrorism financial investigators, are taken without regard to their effect on operations by the metropolitan police force or any other person. (3) A person may be accredited if he or she is— (a) a member of the civilian staff of a police force in England and Wales (including the metropolitan police force), within the meaning of Part 1 of the Police Reform and Social Responsibility Act 2011; (b) a member of staff of the City of London police force; (c) a member of staff of the Police Service of Northern Ireland. (4) A person may be accredited— (a) in relation to this Act; (b) in relation to the Anti-terrorism, Crime and Security Act 2001; (c) in relation to particular provisions of this Act or of the Anti-terrorism, Crime and Security Act 2001. (5) But the accreditation may be limited to specified purposes. (6) A reference in this Act or in the Anti-terrorism, Crime and Security Act 2001 to a counter-terrorism financial investigator is to be construed accordingly. (7) The metropolitan police force must make provision for the training of persons in— (a) financial investigation, (b) the operation of this Act, and (c) the operation of the Anti-terrorism, Crime and Security Act 2001.
Propose a change(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.
Propose a change(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.
Propose a change(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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (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.
Propose a change(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.
Propose a change(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) . . . of the Magistrates’ Courts (Northern Ireland) Order 1981, and (b) whether or not a person is also charged with a non-scheduled offence.
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