|
|
| back
to previous text |
|
|
|
PART
II |
|
PROSCRIBED
ORGANISATIONS |
|
Procedure |
| Proscription. |
3.
- (1) For the purposes of this Act an organisation is proscribed
if-
|
|
(a) it is
listed in Schedule 2, or
|
|
(b) it operates
under the same name as an organisation listed in that Schedule.
|
|
(2)
Subsection (1)(b) shall not apply in relation to an organisation
listed in Schedule 2 if its entry is the subject of a note in that
Schedule.
|
|
(3)
The Secretary of State may by order-
|
|
(a) add an
organisation to Schedule 2;
|
|
(b) remove
an organisation from that Schedule;
|
|
(c) amend
that Schedule in some other way.
|
|
(4)
The Secretary of State may exercise his power under subsection (3)(a)
in respect of an organisation only if he believes that it is concerned
in terrorism.
|
|
(5)
For the purposes of subsection (4) an organisation is concerned
in terrorism if it-
|
|
(a) commits
or participates in acts of terrorism,
|
|
(b) prepares
for terrorism,
|
|
(c) promotes
or encourages terrorism, or
|
|
(d) is otherwise
concerned in terrorism.
|
| Deproscription:
application. |
4.
- (1) An application may be made to the Secretary of State for the
exercise of his power under section 3(3)(b) to remove an organisation
from Schedule 2.
|
|
(2)
An application may be made by-
|
|
|
|
(b) any person
affected by the organisation's proscription.
|
|
(3)
The Secretary of State shall make regulations prescribing the procedure
for applications under this section.
|
|
(4)
The regulations shall, in particular-
|
|
(a) require
the Secretary of State to determine an application within a specified
period of time, and
|
|
(b) require
an application to state the grounds on which it is made.
|
| Deproscription:
appeal. |
5.
- (1) There shall be a commission, to be known as the Proscribed
Organisations Appeal Commission.
|
|
(2)
Where an application under section 4 has been refused, the applicant
may appeal to the Commission.
|
|
(3)
The Commission shall allow an appeal against a refusal to deproscribe
an organisation if it considers that the decision to refuse was
flawed when considered in the light of the principles applicable
on an application for judicial review.
|
|
(4)
Where the Commission allows an appeal under this section by or in
respect of an organisation, it may make an order under this subsection.
|
|
(5)
Where an order is made under subsection (4) the Secretary of State
shall as soon as is reasonably practicable-
|
|
(a) lay before
Parliament, in accordance with section 123(4), the draft of an
order under section 3(3)(b) removing the organisation from the
list in Schedule 2, or
|
|
(b) make an
order removing the organisation from the list in Schedule 2 in
pursuance of section 123(5).
|
|
(6)
Schedule 3 (constitution of the Commission and procedure) shall
have effect.
|
| Further
appeal. |
6.
- (1) A party to an appeal under section 5 which the Proscribed
Organisations Appeal Commission has determined may bring a further
appeal on a question of law to-
|
|
(a) the Court
of Appeal, if the first appeal was heard in England and Wales,
|
|
(b) the Court
of Session, if the first appeal was heard in Scotland, or
|
|
(c) the Court
of Appeal in Northern Ireland, if the first appeal was heard in
Northern Ireland.
|
|
(2)
An appeal under subsection (1) may be brought only with the permission-
|
|
(a) of the
Commission, or
|
|
(b) where
the Commission refuses permission, of the court to which the appeal
would be brought.
|
|
(3)
An order under section 5(4) shall not require the Secretary of State
to take any action until the final determination or disposal of
an appeal under this section (including any appeal to the House
of Lords).
|
| Appeal:
effect on conviction, &c. |
7.
- (1) This section applies where-
|
|
(a) an appeal
under section 5 has been allowed in respect of an organisation,
|
|
(b) an order
has been made under section 3(3)(b) in respect of the organisation
in accordance with an order of the Commission under section 5(4)
(and, if the order was made in reliance on section 123(5), a resolution
has been passed by each House of Parliament under section 123(5)(b)),
|
|
(c) a person
has been convicted of an offence in respect of the organisation
under any of sections 11 to 13, 15 to 19 and 56, and
|
|
(d) the activity
to which the charge referred took place on or after the date of
the refusal to deproscribe against which the appeal under section
5 was brought.
|
|
(2)
If the person mentioned in subsection (1)(c) was convicted on indictment-
|
|
(a) he may
appeal against the conviction to the Court of Appeal, and
|
|
(b) the Court
of Appeal shall allow the appeal.
|
|
(3)
A person may appeal against a conviction by virtue of subsection
(2) whether or not he has already appealed against the conviction.
|
|
(4)
An appeal by virtue of subsection (2)-
|
|
(a) must be
brought within the period of 28 days beginning with the date on
which the order mentioned in subsection (1)(b) comes into force,
and
|
|
(b) shall
be treated as an appeal under section 1 of the Criminal Appeal
Act 1968 (but does not require leave).
|
|
(5)
If the person mentioned in subsection (1)(c) was convicted by a
magistrates' court-
|
|
(a) he may
appeal against the conviction to the Crown Court, and
|
|
(b) the Crown
Court shall allow the appeal.
|
|
(6)
A person may appeal against a conviction by virtue of subsection
(5)-
|
|
(a) whether
or not he pleaded guilty,
|
|
(b) whether
or not he has already appealed against the conviction, and
|
|
(c) whether
or not he has made an application in respect of the conviction
under section 111 of the Magistrates' Courts Act 1980 (case stated).
|
|
(7)
An appeal by virtue of subsection (5)-
|
|
(a) must be
brought within the period of 21 days beginning with the date on
which the order mentioned in subsection (1)(b) comes into force,
and
|
|
(b) shall
be treated as an appeal under section 108(1)(b) of the Magistrates'
Courts Act 1980.
|
|
(8)
In section 133(5) of the Criminal Justice Act 1988 (compensation
for miscarriage of justice) after paragraph (b) there shall be inserted-
|
|
|
"
or
|
|
(c)
on an appeal under section 7 of the Terrorism Act 2000".
|
|
| Section
7: Scotland and Northern Ireland. |
8.
- (1) In the application of section 7 to Scotland-
|
|
(a) for every
reference to the Court of Appeal or the Crown Court substitute
a reference to the High Court of Justiciary,
|
|
(b) in subsection
(2)(b), at the end insert "and quash the conviction",
|
|
|
|
(i) in paragraph
(a), for "28 days" substitute "two weeks", and
|
|
(ii) in
paragraph (b), for "section 1 of the Criminal Appeal Act 1968"
substitute "section 106 of the Criminal Procedure (Scotland)
Act 1995",
|
|
|
|
(i) for
"by a magistrates' court" substitute "in summary proceedings",
and
|
|
(ii) in
paragraph (b), at the end insert "and quash the conviction",
|
|
(e) in subsection
(6), paragraph (c) is omitted, and
|
|
|
|
(i) in paragraph
(a) for "21 days" substitute "two weeks", and
|
|
(ii) for
paragraph (b) substitute-
|
|
| |
"(b)
shall be by note of appeal, which shall state the ground
of appeal,
|
| |
(c)
shall not require leave under any provision of Part X of
the Criminal Procedure (Scotland) Act 1995, and
|
| |
(d)
shall be in accordance with such procedure as the High Court
of Justiciary may, by Act of Adjournal, determine.".
|
|
|
(2)
In the application of section 7 to Northern Ireland-
|
|
(a) the reference
in subsection (4) to section 1 of the Criminal Appeal Act 1968
shall be taken as a reference to section 1 of the Criminal Appeal
(Northern Ireland) Act 1980,
|
|
(b) references
in subsection (5) to the Crown Court shall be taken as references
to the county court,
|
|
(c) the reference
in subsection (6) to section 111 of the Magistrates' Courts Act
1980 shall be taken as a reference to Article 146 of the Magistrates'
Courts (Northern Ireland) Order 1981, and
|
|
(d) the reference
in subsection (7) to section 108(1)(b) of the Magistrates' Courts
Act 1980 shall be taken as a reference to Article 140(1)(b) of
the Magistrates' Courts (Northern Ireland) Order 1981.
|
| Human
Rights Act 1998. |
9.
- (1) This section applies where rules (within the meaning of section
7 of the Human Rights Act 1998 (jurisdiction)) provide for proceedings
under section 7(1) of that Act to be brought before the Proscribed
Organisations Appeal Commission.
|
|
(2)
The following provisions of this Act shall apply in relation to
proceedings under section 7(1) of that Act as they apply to appeals
under section 5 of this Act-
|
|
(a) section
5(4) and (5),
|
|
|
|
|
|
(d) paragraphs
4 to 8 of Schedule 3.
|
|
(3)
The Commission shall decide proceedings in accordance with the principles
applicable on an application for judicial review.
|
|
(4)
In the application of the provisions mentioned in subsection (2)-
|
|
(a) a reference
to the Commission allowing an appeal shall be taken as a reference
to the Commission determining that an action of the Secretary
of State is incompatible with a Convention right, and
|
|
(b) a reference
to the refusal to deproscribe against which an appeal was brought
shall be taken as a reference to the action of the Secretary of
State which is found to be incompatible with a Convention right.
|
| Immunity. |
10.
- (1) The following shall not be admissible as evidence in proceedings
for an offence under any of sections 11 to 13, 15 to 19 and 56-
|
|
(a) evidence
of anything done in relation to an application to the Secretary
of State under section 4,
|
|
(b) evidence
of anything done in relation to proceedings before the Proscribed
Organisations Appeal Commission under section 5 above or section
7(1) of the Human Rights Act 1998,
|
|
(c) evidence
of anything done in relation to proceedings under section 6 (including
that section as applied by section 9(2)), and
|
|
(d) any document
submitted for the purposes of proceedings mentioned in any of
paragraphs (a) to (c).
|
|
(2)
But subsection (1) does not prevent evidence from being adduced
on behalf of the accused.
|
|
Offences |
| Membership. |
11.
- (1) A person commits an offence if he belongs or professes to
belong to a proscribed organisation.
|
|
(2)
It is a defence for a person charged with an offence under subsection
(1) to prove-
|
|
(a) that the
organisation was not proscribed on the last (or only) occasion
on which he became a member or began to profess to be a member,
and
|
|
(b) that he
has not taken part in the activities of the organisation at any
time while it was proscribed.
|
|
(3)
A person guilty of an offence under this section shall be liable-
|
|
(a) on conviction
on indictment, to imprisonment for a term not exceeding ten years,
to a fine or to both, or
|
|
(b) on summary
conviction, to imprisonment for a term not exceeding six months,
to a fine not exceeding the statutory maximum or to both.
|
|
(4)
In subsection (2) "proscribed" means proscribed for the purposes
of any of the following-
|
|
|
|
(b) the Northern
Ireland (Emergency Provisions) Act 1996;
|
|
(c) the Northern
Ireland (Emergency Provisions) Act 1991;
|
|
(d) the Prevention
of Terrorism (Temporary Provisions) Act 1989;
|
|
(e) the Prevention
of Terrorism (Temporary Provisions) Act 1984;
|
|
(f) the Northern
Ireland (Emergency Provisions) Act 1978;
|
|
(g) the Prevention
of Terrorism (Temporary Provisions) Act 1976;
|
|
(h) the Prevention
of Terrorism (Temporary Provisions) Act 1974;
|
|
(i) the Northern
Ireland (Emergency Provisions) Act 1973.
|
| Support. |
12.
- (1) A person commits an offence if-
|
|
(a) he invites
support for a proscribed organisation, and
|
|
(b) the support
is not, or is not restricted to, the provision of money or other
property (within the meaning of section 15).
|
|
(2)
A person commits an offence if he arranges, manages or assists in
arranging or managing a meeting which he knows is-
|
|
(a) to support
a proscribed organisation,
|
|
(b) to further
the activities of a proscribed organisation, or
|
|
(c) to be
addressed by a person who belongs or professes to belong to a
proscribed organisation.
|
|
(3)
A person commits an offence if he addresses a meeting and the purpose
of his address is to encourage support for a proscribed organisation
or to further its activities.
|
|
(4)
Where a person is charged with an offence under subsection (2)(c)
in respect of a private meeting it is a defence for him to prove
that he had no reasonable cause to believe that the address mentioned
in subsection (2)(c) would support a proscribed organisation or
further its activities.
|
|
(5)
In subsections (2) to (4)-
|
|
(a) "meeting"
means a meeting of three or more persons, whether or not the public
are admitted, and
|
|
(b) a meeting
is private if the public are not admitted.
|
|
(6)
A person guilty of an offence under this section shall be liable-
|
|
(a) on conviction
on indictment, to imprisonment for a term not exceeding ten years,
to a fine or to both, or
|
|
(b) on summary
conviction, to imprisonment for a term not exceeding six months,
to a fine not exceeding the statutory maximum or to both.
|
| Uniform. |
13.
- (1) A person in a public place commits an offence if he-
|
|
(a) wears
an item of clothing, or
|
|
(b) wears,
carries or displays an article,
|
|
in
such a way or in such circumstances as to arouse reasonable suspicion
that he is a member or supporter of a proscribed organisation.
|
|
(2)
A constable in Scotland may arrest a person without a warrant if
he has reasonable grounds to suspect that the person is guilty of
an offence under this section.
|
|
(3)
A person guilty of an offence under this section shall be liable
on summary conviction to-
|
|
(a) imprisonment
for a term not exceeding six months,
|
|
(b) a fine
not exceeding level 5 on the standard scale, or
|
|
|
|
|
