|
|
| back
to previous text |
|
|
|
PART
IV |
|
TERRORIST
INVESTIGATIONS |
|
Interpretation |
| Terrorist
investigation. |
32.
In this Act "terrorist investigation" means an investigation of-
|
|
(a) the commission,
preparation or instigation of acts of terrorism,
|
|
(b) an act
which appears to have been done for the purposes of terrorism,
|
|
(c) the resources
of a proscribed organisation,
|
|
(d) the possibility
of making an order under section 3(3), or
|
|
(e) the commission,
preparation or instigation of an offence under this Act.
|
|
Cordons |
| Cordoned
areas. |
33.
- (1) An area is a cordoned area for the purposes of this Act if
it is designated under this section.
|
|
(2)
A designation may be made only if the person making it considers
it expedient for the purposes of a terrorist investigation.
|
|
(3)
If a designation is made orally, the person making it shall confirm
it in writing as soon as is reasonably practicable.
|
|
(4)
The person making a designation shall arrange for the demarcation
of the cordoned area, so far as is reasonably practicable-
|
|
(a) by means
of tape marked with the word "police", or
|
|
(b) in such
other manner as a constable considers appropriate.
|
| Power
to designate. |
34.
- (1) Subject to subsection (2), a designation under section 33
may only be made-
|
|
(a) where
the area is outside Northern Ireland and is wholly or partly within
a police area, by an officer for the police area who is of at
least the rank of superintendent, and
|
|
(b) where
the area is in Northern Ireland, by a member of the Royal Ulster
Constabulary who is of at least the rank of superintendent.
|
|
(2)
A constable who is not of the rank required by subsection (1) may
make a designation if he considers it necessary by reason of urgency.
|
|
(3)
Where a constable makes a designation in reliance on subsection
(2) he shall as soon as is reasonably practicable-
|
|
(a) make a
written record of the time at which the designation was made,
and
|
|
(b) ensure
that a police officer of at least the rank of superintendent is
informed.
|
|
(4)
An officer who is informed of a designation in accordance with subsection
(3)(b)-
|
|
(a) shall
confirm the designation or cancel it with effect from such time
as he may direct, and
|
|
(b) shall,
if he cancels the designation, make a written record of the cancellation
and the reason for it.
|
| Duration. |
35.
- (1) A designation under section 33 has effect, subject to subsections
(2) to (5), during the period-
|
|
(a) beginning
at the time when it is made, and
|
|
(b) ending
with a date or at a time specified in the designation.
|
|
(2)
The date or time specified under subsection (1)(b) must not occur
after the end of the period of 14 days beginning with the day on
which the designation is made.
|
|
(3)
The period during which a designation has effect may be extended
in writing from time to time by-
|
|
(a) the person
who made it, or
|
|
(b) a person
who could have made it (otherwise than by virtue of section 34(2)).
|
|
(4)
An extension shall specify the additional period during which the
designation is to have effect.
|
|
(5)
A designation shall not have effect after the end of the period
of 28 days beginning with the day on which it is made.
|
| Police
powers. |
36.
- (1) A constable in uniform may-
|
|
(a) order
a person in a cordoned area to leave it immediately;
|
|
(b) order
a person immediately to leave premises which are wholly or partly
in or adjacent to a cordoned area;
|
|
(c) order
the driver or person in charge of a vehicle in a cordoned area
to move it from the area immediately;
|
|
(d) arrange
for the removal of a vehicle from a cordoned area;
|
|
(e) arrange
for the movement of a vehicle within a cordoned area;
|
|
(f) prohibit
or restrict access to a cordoned area by pedestrians or vehicles.
|
|
(2)
A person commits an offence if he fails to comply with an order,
prohibition or restriction imposed by virtue of subsection (1).
|
|
(3)
It is a defence for a person charged with an offence under subsection
(2) to prove that he had a reasonable excuse for his failure.
|
|
(4)
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
|
|
|
|
Information and evidence |
| Powers. |
37.
Schedule 5 (power to obtain information, &c.) shall have effect.
|
| Financial
information. |
38.
Schedule 6 (financial information) shall have effect.
|
| Disclosure
of information, &c. |
39.
- (1) Subsection (2) applies where a person knows or has reasonable
cause to suspect that a constable is conducting or proposes to conduct
a terrorist investigation.
|
|
(2)
The person commits an offence if he-
|
|
(a) discloses
to another anything which is likely to prejudice the investigation,
or
|
|
(b) interferes
with material which is likely to be relevant to the investigation.
|
|
(3)
Subsection (4) applies where a person knows or has reasonable cause
to suspect that a disclosure has been or will be made under any
of sections 19 to 21.
|
|
(4)
The person commits an offence if he-
|
|
(a) discloses
to another anything which is likely to prejudice an investigation
resulting from the disclosure under that section, or
|
|
(b) interferes
with material which is likely to be relevant to an investigation
resulting from the disclosure under that section.
|
|
(5)
It is a defence for a person charged with an offence under subsection
(2) or (4) to prove-
|
|
(a) that he
did not know and had no reasonable cause to suspect that the disclosure
or interference was likely to affect a terrorist investigation,
or
|
|
(b) that he
had a reasonable excuse for the disclosure or interference.
|
|
(6)
Subsections (2) and (4) do not apply to a disclosure which is made
by a professional legal adviser-
|
|
(a) to his
client or to his client's representative in connection with the
provision of legal advice by the adviser to the client and not
with a view to furthering a criminal purpose, or
|
|
(b) to any
person for the purpose of actual or contemplated legal proceedings
and not with a view to furthering a criminal purpose.
|
|
(7)
A person guilty of an offence under this section shall be liable-
|
|
(a) on conviction
on indictment, to imprisonment for a term not exceeding five 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.
|
|
(8)
For the purposes of this section-
|
|
(a) a reference
to conducting a terrorist investigation includes a reference to
taking part in the conduct of, or assisting, a terrorist investigation,
and
|
|
(b) a person
interferes with material if he falsifies it, conceals it, destroys
it or disposes of it, or if he causes or permits another to do
any of those things.
|
|
|
