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PART
VII |
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NORTHERN
IRELAND |
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Scheduled offences |
Scheduled
offence: interpretation. |
65.
- (1) In this Part "scheduled offence" means, subject to any relevant
note in Part I or III of Schedule 9, an offence specified in either
of those Parts.
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(2)
Part II of that Schedule shall have effect in respect of offences
related to those specified in Part I.
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(3)
The Secretary of State may by order-
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(a) add an
offence to Part I or II of Schedule 9;
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(b) remove
an offence from Part I or II of that Schedule;
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(c) amend
Part I or II of that Schedule in some other way.
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Preliminary
inquiry. |
66.
- (1) In proceedings before a magistrates' court for a scheduled
offence, if the prosecution requests the court to conduct a preliminary
inquiry into the offence the court shall grant the request.
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(2)
In subsection (1) "preliminary inquiry" means a preliminary inquiry
under the Magistrates' Courts (Northern Ireland) Order 1981.
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(3)
Subsection (1)-
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(a) shall
apply notwithstanding anything in Article 31 of that Order,
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(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
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(c) shall
not apply in respect of an extra-territorial offence (as defined
in section 1(3) of the Criminal Jurisdiction Act 1975)).
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(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.
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Limitation
of power to grant bail. |
67.
- (1) This section applies to a person who-
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(a) has attained
the age of fourteen, and
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(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.
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(2)
Subject to subsections (6) and (7), a person to whom this section
applies shall not be admitted to bail except-
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(a) by a judge
of the High Court or the Court of Appeal, or
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(b) by the
judge of the court of trial on adjourning the trial of a person
charged with a scheduled offence.
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(3)
A judge may, in his discretion, admit a person to whom this section
applies to bail unless satisfied that there are substantial grounds
for believing that the person, if released on bail (whether subject
to conditions or not), would-
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(a) fail to
surrender to custody,
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(b) commit
an offence while on bail,
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(c) interfere
with a witness,
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(d) otherwise
obstruct or attempt to obstruct the course of justice, whether
in relation to himself or another person, or
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(e) fail to
comply with conditions of release (if any).
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(4)
In exercising his discretion in relation to a person under subsection
(3) a judge shall have regard to such of the following considerations
as he considers relevant (as well as to any others which he considers
relevant)-
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(a) the nature
and seriousness of the offence with which the person is charged,
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(b) the character,
antecedents, associations and community ties of the person,
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(c) the time
which the person has already spent in custody and the time which
he is likely to spend in custody if he is not admitted to bail,
and
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(d) the strength
of the evidence of his having committed the offence.
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(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-
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(a) likely
to result in the person's appearance at the time and place required,
or
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(b) necessary
in the interests of justice or for the prevention of crime.
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(6)
Subsection (7) applies where a person to whom this section applies
is a serving member of-
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(a) any of
Her Majesty's forces, or
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(b) the Royal
Ulster Constabulary or the Royal Ulster Constabulary Reserve.
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(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-
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(a) bail on
that condition may be granted by a judge or a resident magistrate,
and
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(b) it shall
be lawful for the person to be held in military or police custody
in accordance with the conditions of his bail.
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Bail:
legal aid. |
68.
- (1) Where it appears to a judge of the High Court or the Court
of Appeal-
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(a) that a
person charged with a scheduled offence intends to apply to be
admitted to bail,
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(b) that it
is desirable in the interests of justice that he should have legal
aid, and
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(c) that he
has not sufficient means to enable him to obtain that aid,
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the
judge may assign to him a solicitor and counsel, or counsel only,
in the application for bail.
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(2)
If on a question of granting a person free legal aid under this
section there is a doubt-
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(a) whether
his means are sufficient to enable him to obtain legal aid, or
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(b) whether
it is desirable in the interests of justice that he should have
free legal aid,
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the
doubt shall be resolved in favour of granting him free legal aid.
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(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.
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Maximum
period of remand in custody. |
69.
- (1) The period for which a person charged with a scheduled offence
may be remanded in custody by a magistrates' court shall be a period
of not more than 28 days beginning with the day following that on
which he is remanded.
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(2)
Subsection (1) has effect-
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(a) notwithstanding
Article 47(2) and (3) of the Magistrates' Courts (Northern Ireland)
Order 1981, and
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(b) whether
or not a person is also charged with a non-scheduled offence.
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Young
persons: custody on remand, &c. |
70.
- (1) While a young person charged with a scheduled offence is remanded
or committed for trial and not released on bail, he may be held
in custody in such prison or other place as may be specified in
a direction given by the Secretary of State under this section.
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(2)
Subsection (1) shall have effect in respect of a person-
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(a) notwithstanding
the provisions of any enactment, and
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(b) whether
or not he was remanded or committed for trial at a time when this
section was not in force.
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(3)
The Secretary of State may give a direction under this section in
respect of a person if he considers it necessary to make special
arrangements as to the place at which the person is to be held in
order-
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(a) to prevent
his escape, or
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(b) to ensure
his safety or the safety of others.
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(4)
The Secretary of State may give a direction under this section at
any time after the person to whom it relates has been charged.
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(5)
In this section "young person" means a person who-
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(a) has attained
the age of fourteen, and
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(b) has not
attained the age of seventeen.
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Directions
under section 70. |
71.
- (1) A direction under section 70 shall cease to have effect at
the expiry of the period specified in the direction unless-
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(a) it has
previously ceased to have effect, or
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(b) it is
continued in force by a further direction.
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(2)
The specified period shall not end after the end of the period of
two months beginning with the date of the direction.
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(3)
Where-
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(a) a person
is held in custody in a prison or other place by virtue of a direction,
and
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(b) the direction
ceases to have effect (whether or not by reason of the expiry
or cesser of section 70),
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it
shall be lawful for him to continue to be held in custody in that
prison or place until arrangements can be made for him to be held
in custody in accordance with the law then applicable to his case.
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(4)
Nothing in subsection (3) shall be taken as permitting the holding
in custody of a person who is entitled to be released from custody.
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Time
limits for preliminary proceedings. |
72.
- (1) The Secretary of State may by regulations make provision,
in respect of a specified preliminary stage of proceedings for a
scheduled offence, as to the maximum period-
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(a) to be
allowed to the prosecution to complete the stage;
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(b) during
which the accused may, while awaiting completion of the stage,
be in the custody of a magistrates' court or the Crown Court in
relation to the offence.
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(2)
The regulations may, in particular-
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(a) provide
for a specified law about bail to apply in relation to cases to
which custody or overall time limits apply (subject to any modifications
which the Secretary of State considers it necessary to specify
in the regulations);
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(b) provide
for time limits to cease to have effect in cases where the Attorney
General for Northern Ireland certifies after the institution of
proceedings that an offence is not to be treated as a scheduled
offence;
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(c) make such
provision with respect to the procedure to be followed in criminal
proceedings as the Secretary of State considers appropriate in
consequence of another provision of the regulations;
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(d) make provision
which has effect in relation to a non-scheduled offence where
separate counts of an indictment allege a scheduled offence and
a non-scheduled offence;
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(e) enable
the Crown Court in specified circumstances to extend or further
extend a time limit at any time before it expires.
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(3)
Subject to subsection (4), where an overall time limit expires before
the completion of the stage of proceedings to which the limit applies,
the accused shall be treated for all purposes as having been acquitted
of the offence to which the proceedings relate.
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(4)
Regulations under this section which provide for a custody time
limit in relation to a preliminary stage shall have no effect where-
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(a) a person
escapes from the custody of a magistrates' court or the Crown
Court before the expiry of the custody time limit,
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(b) a person
who has been released on bail in consequence of the expiry of
a custody time limit fails to surrender himself into the custody
of the court at the appointed time, or
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(c) a person
who has been released on bail in consequence of the expiry of
a custody time limit is arrested by a constable in connection
with a breach or apprehended breach of a condition of his bail.
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(5)
If a person escapes from the custody of a magistrates' court or
the Crown Court, the overall time limit which applies to the stage
which proceedings relating to the person have reached at the time
of the escape shall cease to have effect in relation to those proceedings.
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(6)
If a person who has been released on bail fails to surrender himself
into the custody of the court at the appointed time, the overall
time limit which applies to the stage which proceedings relating
to the person have reached at the time of the failure shall cease
to have effect in relation to those proceedings.
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Time
limits: supplementary. |
73.
- (1) Where a person is convicted of an offence, the exercise of
power conferred by virtue of section 72(2)(e) in relation to proceedings
for the offence shall not be called into question on an appeal against
the conviction.
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(2)
In the application of section 72 in relation to proceedings on indictment,
"preliminary stage" does not include a stage-
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(a) after
the time when the case for the prosecution is opened, or
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(b) if the
court accepts a plea of guilty before the case for the prosecution
is opened, after the plea is accepted.
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(3)
In the application of section 72 in relation to summary proceedings,
"preliminary stage" does not include a stage-
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(a) after
the court begins to hear evidence for the prosecution at the trial,
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(b) if the
court accepts a plea of guilty before it has begun to hear evidence
for the prosecution, after the plea is accepted, or
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(c) after
the court begins to consider whether to exercise its power under
Article 44(4) of the Mental Health (Northern Ireland) Order 1986
(power to make hospital order without conviction).
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(4)
In this section and section 72-
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"custody of
the Crown Court" includes custody to which a person is committed
in pursuance of-
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(a) Article
37 or 40(4) of the Magistrates' Courts (Northern Ireland) Order
1981 (magistrates' court committing accused for trial), or
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(b) section
51(8) of the Judicature (Northern Ireland) Act 1978 (magistrates'
court dealing with a person arrested under Crown Court warrant),
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"custody of
a magistrates' court" means custody to which a person is committed
in pursuance of Article 47 or 49 of the Magistrates' Courts (Northern
Ireland) Order 1981 (remand),
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"custody time
limit" means a time limit imposed by regulations in pursuance
of section 72(1)(b) or, where a limit has been extended by the
Crown Court by virtue of section 72(2)(e), the limit as extended,
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(a) the
Magistrates' Courts (Northern Ireland) Order 1981,
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(b) section
67 of this Act,
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(c) any
other enactment relating to bail, and
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(d) any
rule of law relating to bail, and
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"overall time
limit" means a time limit imposed by regulations in pursuance
of section 72(1)(a) or, where a limit has been extended by the
Crown Court by virtue of section 72(2)(e), the limit as extended.
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(5)
For the purposes of the application of a custody time limit in relation
to a person who is in the custody of a magistrates' court or the
Crown Court-
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(a) all periods
during which he is in the custody of a magistrates' court in respect
of the same offence shall be aggregated and treated as a single
continuous period; and
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(b) all periods
during which he is in the custody of the Crown Court in respect
of the same offence shall be aggregated and treated as a single
continuous period.
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Court
for trial. |
74.
- (1) A trial on indictment of a scheduled offence shall be held
only at the Crown Court sitting in Belfast, unless-
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(a) the Lord
Chancellor after consultation with the Lord Chief Justice of Northern
Ireland directs that the trial, or a class of trials within which
it falls, shall be held at the Crown Court sitting elsewhere,
or
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(b) the Lord
Chief Justice of Northern Ireland directs that the trial, or part
of it, shall be held at the Crown Court sitting elsewhere.
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(2)
A person committed for trial for a scheduled offence, or for two
or more offences at least one of which is a scheduled offence, shall
be committed-
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(a) to the
Crown Court sitting in Belfast, or
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(b) where
a direction has been given under subsection (1) which concerns
the trial, to the Crown Court sitting at the place specified in
the direction;
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and
section 48 of the Judicature (Northern Ireland) Act 1978 (committal
for trial on indictment) shall have effect accordingly.
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(3)
Where-
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(a) a person
is committed for trial to the Crown Court sitting in Belfast in
accordance with subsection (2), and
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(b) a direction
is subsequently given under subsection (1), before the commencement
of the trial, altering the place of trial,
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the
person shall be treated as having been committed for trial to the
Crown Court sitting at the place specified in the direction.
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Mode
of trial on indictment. |
75.
- (1) A trial on indictment of a scheduled offence shall be conducted
by the court without a jury.
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(2)
The court trying a scheduled offence on indictment under this section
shall have all the powers, authorities and jurisdiction which the
court would have had if it had been sitting with a jury (including
power to determine any question and to make any finding which would,
apart from this section, be required to be determined or made by
a jury).
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(3)
A reference in an enactment to a jury, the verdict of a jury or
the finding of a jury shall, in relation to a trial under this section,
be construed as a reference to the court, the verdict of the court
or the finding of the court.
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(4)
Where separate counts of an indictment allege a scheduled offence
and a non-scheduled offence, the trial on indictment shall be conducted
as if all the offences alleged in the indictment were scheduled
offences.
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(5)
Subsection (4) is without prejudice to section 5 of the Indictments
Act (Northern Ireland) 1945 (orders for amendment of indictment,
separate trial and postponement of trial).
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(6)
Without prejudice to subsection (2), where the court trying a scheduled
offence on indictment-
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(a) is not
satisfied that the accused is guilty of the offence, but
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(b) is satisfied
that he is guilty of a non-scheduled offence of which a jury could
have found him guilty on a trial for the scheduled offence,
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the
court may convict him of the non-scheduled offence.
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(7)
Where the court trying a scheduled offence convicts the accused
of that or some other offence, it shall give a judgment stating
the reasons for the conviction at or as soon as is reasonably practicable
after the time of conviction.
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(8)
A person convicted of an offence on a trial under this section without
a jury may, notwithstanding anything in sections 1 and 10(1) of
the Criminal Appeal (Northern Ireland) Act 1980, appeal to the Court
of Appeal under Part I of that Act-
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(a) against
his conviction, on any ground, without the leave of the Court
of Appeal or a certificate of the judge of the court of trial;
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(b) against
sentence passed on conviction, without that leave, unless the
sentence is fixed by law.
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(9)
Where a person is convicted of an offence on a trial under this
section, the time for giving notice of appeal under section 16(1)
of that Act shall run from the date of judgment if later than the
date from which it would run under that subsection.
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Admission
in trial on indictment. |
76.
- (1) This section applies to a trial on indictment for-
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(a) a scheduled
offence, or
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(b) two or
more offences at least one of which is a scheduled offence.
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(2)
A statement made by the accused may be given in evidence by the
prosecution in so far as-
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(a) it is
relevant to a matter in issue in the proceedings, and
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(b) it is
not excluded or inadmissible (whether by virtue of subsections
(3) to (5) or otherwise).
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(3)
Subsections (4) and (5) apply if in proceedings to which this section
applies-
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(a) the prosecution
gives or proposes to give a statement made by the accused in evidence,
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(b) prima
facie evidence is adduced that the accused was subjected to torture,
inhuman or degrading treatment, violence or the threat of violence
in order to induce him to make the statement, and
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(c) the prosecution
does not satisfy the court that the statement was not obtained
in the manner mentioned in paragraph (b).
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(4)
If the statement has not yet been given in evidence, the court shall-
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(a) exclude
the statement, or
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(b) direct
that the trial be restarted before a differently constituted court
(before which the statement shall be inadmissible).
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(5)
If the statement has been given in evidence, the court shall-
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(b) direct
that the trial be restarted before a differently constituted court
(before which the statement shall be inadmissible).
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(6)
This section is without prejudice to any discretion of a court to-
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(a) exclude
or ignore a statement, or
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(b) direct
a trial to be restarted,
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where
the court considers it appropriate in order to avoid unfairness
to the accused or otherwise in the interests of justice.
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Possession:
onus of proof. |
77.
- (1) This section applies to a trial on indictment for a scheduled
offence where the accused is charged with possessing an article
in such circumstances as to constitute an offence under any of the
enactments listed in subsection (3).
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(2)
If it is proved that the article-
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(a) was on
any premises at the same time as the accused, or
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(b) was on
premises of which the accused was the occupier or which he habitually
used otherwise than as a member of the public,
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the
court may assume that the accused possessed (and, if relevant, knowingly
possessed) the article, unless he proves that he did not know of
its presence on the premises or that he had no control over it.
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(3)
The following are the offences mentioned in subsection (1)-
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The Explosive Substances Act 1883 |
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Section
3, so far as relating to subsection (1)(b) thereof (possessing explosive
with intent to endanger life or cause serious damage to property). |
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Section
4 (possessing explosive in suspicious circumstances). |
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The Protection of the Person and Property Act (Northern Ireland)
1969 |
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Section
2 (possessing petrol bomb, &c. in suspicious circumstances). |
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The Firearms (Northern Ireland) Order 1981 |
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Article
6(1) (manufacturing, dealing in or possessing certain weapons, &c.). |
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Article
17 (possessing firearm or ammunition with intent to endanger life
or cause serious damage to property). |
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Article
18(2) (possessing firearm or imitation firearm at time of committing,
or being arrested for, a specified offence). |
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Article
22(1), (2) or (4) (possession of a firearm or ammunition by a person
who has been sentenced to imprisonment, &c.). |
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Article
23 (possessing firearm or ammunition in suspicious circumstances). |
Children:
sentence. |
78.
- (1) This section applies where a child is convicted on indictment
of a scheduled offence committed while this section is in force.
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(2)
Article 45(2) of the Criminal Justice (Children) (Northern Ireland)
Order 1998 (punishment for serious offence) shall have effect with
the substitution for the words "14 years" of the words "five years".
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(3)
In this section "child" means a person who has not attained the
age of 17.
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Restricted
remission. |
79.
- (1) The remission granted under prison rules in respect of a sentence
of imprisonment passed in Northern Ireland for a scheduled offence
shall not, where it is for a term of five years or more, exceed
one-third of the term.
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(2)
Where a person is sentenced on the same occasion for two or more
scheduled offences to terms which are consecutive, subsection (1)
shall apply as if those terms were a single term.
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(3)
Where a person is serving two or more terms which are consecutive
but not all subject to subsection (1), the maximum remission granted
under prison rules in respect of those terms taken together shall
be arrived at by calculating the maximum remission for each term
separately and aggregating the result.
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(4)
In this section "prison rules" means rules made under section 13
of the Prison Act (Northern Ireland) 1953.
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(5)
The Secretary of State may by order substitute a different length
of sentence and a different maximum period of remission for those
mentioned in subsection (1).
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(6)
This section applies where-
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(a) the scheduled
offence is committed while this section is in force,
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(b) the offence
(being a scheduled offence within the meaning of the Northern
Ireland (Emergency Provisions) Act 1996) was committed while section
15 of that Act was in force,
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(c) the offence
(being a scheduled offence within the meaning of the Northern
Ireland (Emergency Provisions) Act 1991) was committed while section
14 of that Act was in force, or
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(d) the offence
(being a scheduled offence within the meaning of the Northern
Ireland (Emergency Provisions) Act 1978) was committed while section
22 of the Prevention of Terrorism (Temporary Provisions) Act 1989
was in force.
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Conviction
during remission. |
80.
- (1) This section applies where-
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(a) a person
is sentenced to imprisonment or a term of detention in a young
offenders centre for a period exceeding one year,
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(b) he is
discharged from prison or the centre in pursuance of prison rules,
and
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(c) before
his sentence or term would have expired (but for the discharge)
he commits, and is convicted on indictment of, a scheduled offence.
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(2)
If the court before which he is convicted of the scheduled offence
sentences him to imprisonment or a term of detention it shall in
addition order him to be returned to prison or a young offenders
centre for the period between the date of the order and the date
on which the sentence or term mentioned in subsection (1) would
have expired but for his discharge.
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(3)
No order shall be made under subsection (2) if the sentence imposed
by the court is-
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(a) a suspended
sentence,
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(b) a sentence
of life imprisonment, or
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(c) a sentence
of detention during the Secretary of State's pleasure under Article
45(1) of the Criminal Justice (Children) (Northern Ireland) Order
1998.
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(4)
An order made under subsection (2) shall cease to have effect if
an appeal against the scheduled offence results in-
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(a) the acquittal
of the person concerned, or
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(b) the substitution
of a sentence other than imprisonment or a term of detention.
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(5)
The period for which a person is ordered under this section to be
returned to prison or a young offenders centre-
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(a) shall
be taken to be a sentence of imprisonment or term of detention
for the purposes of the Prison Act (Northern Ireland) 1953 and
for the purposes of the Treatment of Offenders Act (Northern Ireland)
1968 other than section 26(2) (reduction for time spent in custody),
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(b) shall
not be subject to any provision of prison rules for discharge
before expiry, and
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(c) shall
be served before, and be followed by, the sentence or term imposed
for the scheduled offence and be disregarded in determining the
appropriate length of that sentence or term.
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(6)
For the purposes of this section a certificate purporting to be
signed by the governor or deputy governor of a prison or young offenders
centre which specifies-
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(a) the date
on which a person was discharged from prison or a young offenders
centre,
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(b) the sentence
or term which the person was serving at the time of his discharge,
the offence in respect of which the sentence or term was imposed
and the date on which he was convicted of that offence, and
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(c) the date
on which the person would, but for his discharge in pursuance
of prison rules, have been discharged from prison or a young offenders
centre,
|
|
shall
be evidence of the matters specified.
|
|
(7)
In this section-
|
|
"prison rules"
means rules made under section 13 of the Prison Act (Northern
Ireland) 1953,
|
|
"young offenders
centre" has the meaning assigned to it by section 2(a) of the
Treatment of Offenders Act (Northern Ireland) 1968.
|
|
(8)
For the purposes of subsection (1) consecutive terms of imprisonment
or of detention in a young offenders centre shall be treated as
a single term and a sentence of imprisonment or detention in a young
offenders centre includes-
|
|
(a) a sentence
or term passed by a court in the United Kingdom or any of the
Islands, and
|
|
(b) in the
case of imprisonment, a sentence passed by a court-martial on
a person found guilty of a civil offence within the meaning of
the Army Act 1955, the Air Force Act 1955 and the Naval Discipline
Act 1957.
|
|
(9)
The Secretary of State may by order substitute a different period
for the period of one year mentioned in subsection (1).
|
|
(10)
This section applies irrespective of when the discharge from prison
or a young offenders centre took place but only if-
|
|
(a) the scheduled
offence is committed while this section is in force,
|
|
(b) the offence
(being a scheduled offence within the meaning of the Northern
Ireland (Emergency Provisions) Act 1996) was committed while section
16 of that Act was in force,
|
|
(c) the offence
(being a scheduled offence within the meaning of the Northern
Ireland (Emergency Provisions) Act 1991) was committed while section
15 of that Act was in force, or
|
|
(d) the offence
(being a scheduled offence within the meaning of the Northern
Ireland (Emergency Provisions) Act 1978) was committed while section
23 of the Prevention of Terrorism (Temporary Provisions) Act 1989
was in force.
|
|
Powers of arrest, search, &c. |
Arrest
of suspected terrorists: power of entry. |
81.
A constable may enter and search any premises if he reasonably suspects
that a terrorist, within the meaning of section 40(1)(b), is to
be found there.
|
Arrest
and seizure: constables. |
82.
- (1) A constable may arrest without warrant any person if he reasonably
suspects that the person is committing, has committed or is about
to commit-
|
|
(a) a scheduled
offence, or
|
|
(b) a non-scheduled
offence under this Act.
|
|
(2)
For the purpose of arresting a person under this section a constable
may enter and search any premises where the person is or where the
constable reasonably suspects him to be.
|
|
(3)
A constable may seize and retain anything if he reasonably suspects
that it is, has been or is intended to be used in the commission
of-
|
|
(a) a scheduled
offence, or
|
|
(b) a non-scheduled
offence under this Act.
|
Arrest
and seizure: armed forces. |
83.
- (1) If a member of Her Majesty's forces on duty reasonably suspects
that a person is committing, has committed or is about to commit
any offence he may-
|
|
(a) arrest
the person without warrant, and
|
|
(b) detain
him for a period not exceeding four hours.
|
|
(2)
A person making an arrest under this section complies with any rule
of law requiring him to state the ground of arrest if he states
that he is making the arrest as a member of Her Majesty's forces.
|
|
(3)
For the purpose of arresting a person under this section a member
of Her Majesty's forces may enter and search any premises where
the person is.
|
|
(4)
If a member of Her Majesty's forces reasonably suspects that a person-
|
|
(a) is a terrorist
(within the meaning of Part V), or
|
|
(b) has committed
an offence involving the use or possession of an explosive or
firearm,
|
|
he
may enter and search any premises where he reasonably suspects the
person to be for the purpose of arresting him under this section.
|
|
(5)
A member of Her Majesty's forces may seize, and detain for a period
not exceeding four hours, anything which he reasonably suspects
is being, has been or is intended to be used in the commission of
an offence under section 93 or 94.
|
|
(6)
The reference to a rule of law in subsection (2) does not include
a rule of law which has effect only by virtue of the Human Rights
Act 1998.
|
Munitions
and transmitters. |
84.
Schedule 10 (which confers power to search for munitions and transmitters)
shall have effect.
|
Explosives
inspectors. |
85.
- (1) An explosives inspector may enter and search any premises
for the purpose of ascertaining whether any explosive is unlawfully
there.
|
|
(2)
The power under subsection (1) may not be exercised in relation
to a dwelling.
|
|
(3)
An explosives inspector may stop any person in a public place and
search him for the purpose of ascertaining whether he has any explosive
unlawfully with him.
|
|
(4)
An explosives inspector-
|
|
(a) may seize
any explosive found in the course of a search under this section
unless it appears to him that it is being, has been and will be
used only for a lawful purpose, and
|
|
(b) may retain
and, if necessary, destroy it.
|
|
(5)
In this section "explosives inspector" means an inspector appointed
under section 53 of the Explosives Act 1875.
|
Unlawfully
detained persons. |
86.
- (1) If an officer reasonably believes that a person is unlawfully
detained in such circumstances that his life is in danger, the officer
may enter any premises for the purpose of ascertaining whether the
person is detained there.
|
|
(2)
In this section "officer" means-
|
|
(a) a member
of Her Majesty's forces on duty, or
|
|
|
|
(3)
A dwelling may be entered under subsection (1) only by-
|
|
(a) a member
of Her Majesty's forces authorised for the purpose by a commissioned
officer of those forces, or
|
|
(b) a constable
authorised for the purpose by an officer of the Royal Ulster Constabulary
of at least the rank of inspector.
|
Examination
of documents. |
87.
- (1) A member of Her Majesty's forces or a constable who performs
a search under a provision of this Part-
|
|
(a) may examine
any document or record found in order to ascertain whether it
contains information of the kind mentioned in section 58(1)(a)
or 103(1)(a), and
|
|
(b) if necessary
or expedient for the purpose of paragraph (a), may remove the
document or record to another place and retain it there until
the examination is completed.
|
|
(2)
Subsection (1) shall not permit a person to examine a document or
record if he has reasonable cause to believe that it is an item
subject to legal privilege (within the meaning of the Police and
Criminal Evidence (Northern Ireland) Order 1989).
|
|
(3)
Subject to subsections (4) and (5), a document or record may not
be retained by virtue of subsection (1)(b) for more than 48 hours.
|
|
(4)
An officer of the Royal Ulster Constabulary who is of at least the
rank of chief inspector may authorise a constable to retain a document
or record for a further period or periods.
|
|
(5)
Subsection (4) does not permit the retention of a document or record
after the end of the period of 96 hours beginning with the time
when it was removed for examination under subsection (1)(b).
|
|
(6)
A person who wilfully obstructs a member of Her Majesty's forces
or a constable in the exercise of a power conferred by this section
commits an offence.
|
|
(7)
A person guilty of an offence under subsection (6) shall be liable-
|
|
(a) on conviction
on indictment, to imprisonment for a term not exceeding two years,
to a fine or to both, or
|
|
(b) on summary
conviction, to imprisonment for a term not exceeding six months,
to a fine not exceeding the statutory maximum or to both.
|
Examination
of documents: procedure. |
88.
- (1) Where a document or record is examined under section 87-
|
|
(a) it shall
not be photographed or copied, and
|
|
(b) the person
who examines it shall make a written record of the examination
as soon as is reasonably practicable.
|
|
(2)
The record shall-
|
|
(a) describe
the document or record,
|
|
(b) specify
the object of the examination,
|
|
(c) state
the address of the premises where the document or record was found,
|
|
(d) where
the document or record was found in the course of a search of
a person, state the person's name,
|
|
(e) where
the document or record was found in the course of a search of
any premises, state the name of a person appearing to the person
making the record to be the occupier of the premises or to have
had custody or control of the document or record when it was found,
|
|
(f) where
the document or record is removed for examination from the place
where it was found, state the date and time when it was removed,
and
|
|
(g) where
the document or record was examined at the place where it was
found, state the date and time of examination.
|
|
(3)
The record shall identify the person by whom the examination was
carried out-
|
|
(a) in the
case of a constable, by reference to his police number, and
|
|
(b) in the
case of a member of Her Majesty's forces, by reference to his
service number, rank and regiment.
|
|
(4)
Where a person makes a record of a search in accordance with this
section, he shall as soon as is reasonably practicable supply a
copy-
|
|
(a) in a case
where the document or record was found in the course of a search
of a person, to that person, and
|
|
(b) in a case
where the document or record was found in the course of a search
of any premises, to a person appearing to the person making the
record to be the occupier of the premises or to have had custody
or control of the document or record when it was found.
|
Power
to stop and question. |
89.
- (1) An officer may stop a person for so long as is necessary to
question him to ascertain-
|
|
(a) his identity
and movements;
|
|
(b) what he
knows about a recent explosion or another recent incident endangering
life;
|
|
(c) what he
knows about a person killed or injured in a recent explosion or
incident.
|
|
(2)
A person commits an offence if he-
|
|
(a) fails
to stop when required to do so under this section,
|
|
(b) refuses
to answer a question addressed to him under this section, or
|
|
(c) fails
to answer to the best of his knowledge and ability a question
addressed to him under this section.
|
|
(3)
A person guilty of an offence under this section shall be liable
on summary conviction to a fine not exceeding level 5 on the standard
scale.
|
|
(4)
In this section "officer" means-
|
|
(a) a member
of Her Majesty's forces on duty, or
|
|
|
Power
of entry. |
90.
- (1) An officer may enter any premises if he considers it necessary
in the course of operations for the preservation of the peace or
the maintenance of order.
|
|
(2)
In this section "officer" means-
|
|
(a) a member
of Her Majesty's forces on duty, or
|
|
|
Taking
possession of land, &c. |
91.
If the Secretary of State considers it necessary for the preservation
of the peace or the maintenance of order, he may authorise a person-
|
|
(a) to take
possession of land or other property;
|
|
(b) to take
steps to place buildings or other structures in a state of defence;
|
|
(c) to detain
property or cause it to be destroyed or moved;
|
|
(d) to carry
out works on land of which possession has been taken by virtue
of this section;
|
|
(e) to take
any other action which interferes with a public right or with
a private right of property.
|
Road
closure: permission. |
92.
- (1) If he considers it immediately necessary for the preservation
of the peace or the maintenance of order, an officer may-
|
|
(a) wholly
or partly close a road;
|
|
(b) divert
or otherwise interfere with a road or the use of a road;
|
|
(c) prohibit
or restrict the exercise of a right of way;
|
|
(d) prohibit
or restrict the use of a waterway.
|
|
(2)
In this section "officer" means-
|
|
(a) a member
of Her Majesty's forces on duty,
|
|
|
|
(c) a person
authorised for the purposes of this section by the Secretary of
State.
|
Sections
91 and 92: supplementary. |
93.
- (1) A person commits an offence if he interferes with-
|
|
(a) works
executed in connection with the exercise of powers conferred by
virtue of section 91 or 92, or
|
|
(b) any apparatus,
equipment or other thing used in connection with the exercise
of those powers.
|
|
(2)
It is a defence for a person charged with an offence under this
section to prove that he had a reasonable excuse for his interference.
|
|
(3)
A person guilty of an offence under this section shall be liable
on summary conviction to-
|
|
(a) imprisonment
for a term not exceeding six months,
|
|
(b) a fine
not exceeding level 5 on the standard scale, or
|
|
|
|
(4)
An authorisation to exercise powers under section 91 or 92 may authorise-
|
|
(a) the exercise
of all those powers, or
|
|
(b) the exercise
of a specified power or class of powers.
|
|
(5)
An authorisation to exercise powers under section 91 or 92 may be
addressed-
|
|
(a) to specified
persons, or
|
|
(b) to persons
of a specified class.
|
Road
closure: direction. |
94.
- (1) If the Secretary of State considers it necessary for the preservation
of the peace or the maintenance of order he may by order direct
that a specified road-
|
|
(a) shall
be wholly closed,
|
|
(b) shall
be closed to a specified extent, or
|
|
(c) shall
be diverted in a specified manner.
|
|
(2)
A person commits an offence if he interferes with-
|
|
(a) road closure
works, or
|
|
(b) road closure
equipment.
|
|
(3)
A person commits an offence if-
|
|
(a) he executes
any bypass works within 200 metres of road closure works,
|
|
(b) he has
in his possession or under his control, within 200 metres of road
closure works, materials or equipment suitable for executing bypass
works, or
|
|
(c) he knowingly
permits on land occupied by him the doing or occurrence of anything
which is an offence under paragraph (a) or (b).
|
|
(4)
It is a defence for a person charged with an offence under this
section to prove that he had a reasonable excuse for his action,
possession, control or permission.
|
|
(5)
A person guilty of an offence under this section shall be liable
on summary conviction to-
|
|
(a) imprisonment
for a term not exceeding six months,
|
|
(b) a fine
not exceeding level 5 on the standard scale, or
|
|
|
|
(6)
In this section-
|
|
"bypass works"
means works which facilitate the bypassing by vehicles of road
closure works,
|
|
"road closure
equipment" means any apparatus, equipment or other thing used
in pursuance of an order under this section in connection with
the closure or diversion of a road, and
|
|
"road closure
works" means works executed in connection with the closure or
diversion of a road specified in an order under this section (whether
executed in pursuance of the order or in pursuance of power under
an enactment to close or divert the road).
|
Sections
81 to 94: supplementary. |
95.
- (1) This section applies in relation to sections 81 to 94.
|
|
(2)
A power to enter premises may be exercised by reasonable force if
necessary.
|
|
(3)
A power to search premises shall, in its application to vehicles
(by virtue of section 121), be taken to include-
|
|
(a) power
to stop a vehicle (other than an aircraft which is airborne),
and
|
|
(b) power
to take a vehicle or cause it to be taken, where necessary or
expedient, to any place for the purpose of carrying out the search.
|
|
(4)
A person commits an offence if he fails to stop a vehicle when required
to do so by virtue of this section.
|
|
(5)
A person guilty of an offence under subsection (4) shall be liable
on summary conviction to-
|
|
(a) imprisonment
for a term not exceeding six months,
|
|
(b) a fine
not exceeding level 5 on the standard scale, or
|
|
|
|
(6)
In the application to a place or vehicle (by virtue of section 121)
of a power to search premises-
|
|
(a) a reference
to the address of the premises shall be construed as a reference
to the location of the place or vehicle together with its registration
number (if any), and
|
|
(b) a reference
to the occupier of the premises shall be construed as a reference
to the occupier of the place or the person in charge of the vehicle.
|
|
(7)
Where a search is carried out under Schedule 10 in relation to a
vehicle (by virtue of section 121), the person carrying out the
search may, if he reasonably believes that it is necessary in order
to carry out the search or to prevent it from being frustrated-
|
|
(a) require
a person in or on the vehicle to remain with it;
|
|
(b) require
a person in or on the vehicle to go to and remain at any place
to which the vehicle is taken by virtue of subsection (3)(b);
|
|
(c) use reasonable
force to secure compliance with a requirement under paragraph
(a) or (b) above.
|
|
(8)
Paragraphs 4(2) and (3), 8 and 9 of Schedule 10 shall apply to a
requirement imposed under subsection (7) as they apply to a requirement
imposed under that Schedule.
|
|
(9)
Paragraph 8 of Schedule 10 shall apply in relation to the search
of a vehicle which is not habitually stationary only if it is moved
for the purpose of the search by virtue of subsection (3)(b); and
where that paragraph does apply, the reference to the address of
the premises shall be construed as a reference to the location where
the vehicle is searched together with its registration number (if
any).
|
|
(10)
A member of Her Majesty's forces exercising any power when he is
not in uniform shall, if requested to do so by any person at or
about the time of exercising the power, produce to that person documentary
evidence that he is a member of Her Majesty's Forces.
|
|
Miscellaneous |
Preservation
of the peace: regulations. |
96.
- (1) The Secretary of State may by regulations make provision for
promoting the preservation of the peace and the maintenance of order.
|
|
(2)
The regulations may authorise the Secretary of State to make orders
or give directions for specified purposes.
|
|
(3)
A person commits an offence if he contravenes or fails to comply
with-
|
|
(a) regulations
under this section, or
|
|
(b) an order
or direction made or given under regulations made under this section.
|
|
(4)
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
|
|
|
Port
and border controls. |
97.
- (1) The Secretary of State may by order provide for members of
Her Majesty's Forces to perform specified functions conferred on
examining officers under Schedule 7.
|
|
(2)
A member of Her Majesty's Forces exercising functions by virtue
of subsection (1) shall be treated as an examining officer within
the meaning of Schedule 7 for all purposes of this Act except for
paragraphs 5 and 6 of Schedule 14.
|
|
(3)
The Secretary of State may by order make provision, including provision
supplementing or modifying Schedule 7, about entering or leaving
Northern Ireland by land.
|
Independent
Assessor of Military Complaints Procedures. |
98.
- (1) The Secretary of State may appoint a person to be known as
the Independent Assessor of Military Complaints Procedures in Northern
Ireland.
|
|
(2)
A person may be appointed as the Independent Assessor only if-
|
|
(a) he is
not a serving member of Her Majesty's forces, and
|
|
(b) he has
not been a serving member at any time during the period of 20
years ending with the date of the appointment.
|
|
(3)
The Independent Assessor-
|
|
(a) shall
keep under review the procedures adopted by the General Officer
Commanding Northern Ireland for receiving, investigating and responding
to complaints to which this section applies,
|
|
(b) shall
receive and investigate any representations about those procedures,
|
|
(c) may investigate
the operation of those procedures in relation to a particular
complaint or class of complaints,
|
|
(d) may require
the General Officer Commanding to review a particular case or
class of cases in which the Independent Assessor considers that
any of those procedures have operated inadequately, and
|
|
(e) may make
recommendations to the General Officer Commanding about inadequacies
in those procedures, including inadequacies in the way in which
they operate in relation to a particular complaint or class of
complaints.
|
|
(4)
This section applies to complaints about the behaviour of a member
of Her Majesty's forces under the command of the General Officer
Commanding Northern Ireland, other than-
|
|
(a) a complaint
which is referred by the General Officer Commanding to the Royal
Ulster Constabulary and which is not remitted by the Royal Ulster
Constabulary to the General Officer Commanding to be dealt with
by him,
|
|
(b) a complaint
about a matter in respect of which a claim for compensation has
been made under Schedule 12, and
|
|
(c) a complaint
about a matter which is the subject of proceedings involving a
claim for compensation which have been instituted in a court.
|
|
(5)
The General Officer Commanding Northern Ireland shall-
|
|
(a) provide
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.
|
|
(6)
Schedule 11 (which makes supplementary provision about the Independent
Assessor) shall have effect.
|
Police
and army powers: code of practice. |
99.
- (1) The Secretary of State may make codes of practice in connection
with-
|
|
(a) the exercise
by police officers of any power conferred by this 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.
|
|
(2)
The Secretary of State may make codes of practice in connection
with the exercise by members of Her Majesty's forces of powers by
virtue of this Part.
|
|
(3)
In this section "police officer" means a member of the Royal Ulster
Constabulary or the Royal Ulster Constabulary Reserve.
|
Video
recording: code of practice. |
100.
- (1) The Secretary of State shall-
|
|
(a) make a
code of practice about the silent video recording of interviews
to which this section applies, and
|
|
(b) make an
order requiring the silent video recording of interviews to which
this section applies in accordance with the code.
|
|
(2)
This section applies to-
|
|
(a) interviews
by police officers of persons detained under section 41 if they
take place in a police station (within the meaning of Schedule
8), and
|
|
(b) interviews
held by police officers in such other circumstances as the Secretary
of State may specify by order.
|
|
(3)
In this section "police officer" means a member of the Royal Ulster
Constabulary or the Royal Ulster Constabulary Reserve.
|
Codes
of practice: supplementary. |
101.
- (1) This section applies to a code of practice under section 99
or 100.
|
|
(2)
Where the Secretary of State proposes to issue a code of practice
he shall-
|
|
|
|
(b) consider
any representations made to him about the draft, and
|
|
(c) if he
thinks it appropriate, modify the draft in the light of any representations
made to him.
|
|
(3)
The Secretary of State shall lay a draft of the code before Parliament.
|
|
(4)
When the Secretary of State has laid a draft code before Parliament
he may bring it into operation by order.
|
|
(5)
The Secretary of State may revise the whole or any part of a code
of practice issued by him and issue the code as revised; and subsections
(2) to (4) shall apply to such a revised code as they apply to an
original code.
|
|
(6)
A failure by a police officer to comply with a provision of a code
shall not of itself make him liable to criminal or civil proceedings.
|
|
(7)
A failure by a member of Her Majesty's forces to comply with a provision
of a code shall not of itself make 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 (civil offences), and
|
|
(b) proceedings
under any provision of the Naval Discipline Act 1957 other than
section 42 (civil offences).
|
|
(8)
A code-
|
|
(a) shall
be admissible in evidence in criminal or civil proceedings, and
|
|
(b) shall
be taken into account by a court or tribunal in any case in which
it appears to the court or tribunal to be relevant.
|
|
(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 1957 Act and proceedings in Northern Ireland
before the Courts-Martial Appeal Court, and
|
|
"police officer"
means a member of the Royal Ulster Constabulary or the Royal Ulster
Constabulary Reserve.
|
Compensation. |
102.
Schedule 12 (which provides for compensation to be paid for certain
action taken under this Part) shall have effect.
|
Terrorist
information. |
103.
- (1) A person commits an offence if-
|
|
(a) he collects,
makes a record of, publishes, communicates or attempts to elicit
information about a person to whom this section applies which
is of a kind likely to be useful to a person committing or preparing
an act of terrorism, or
|
|
(b) he possesses
a document or record containing information of that kind.
|
|
(2)
This section applies to a person who is or has been-
|
|
|
|
(b) a member
of Her Majesty's Forces,
|
|
(c) the holder
of a judicial office,
|
|
(d) an officer
of any court, or
|
|
(e) a full-time
employee of the prison service in Northern Ireland.
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|
(3)
In this section "record" includes a photographic or electronic record.
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|
(4)
If it is proved in proceedings for an offence under subsection (1)(b)
that a document or record-
|
|
(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 document or record,
unless he proves that he did not know of its presence on the premises
or that he had no control over it.
|
|
(5)
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.
|
|
(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 10 years,
to a fine or to both, or
|
|
(b) on summary
conviction, to imprisonment for a term not exceeding six months,
to a fine not exceeding the statutory maximum or to both.
|
|
(7)
A court by or before which a person is convicted of an offence under
this section may order the forfeiture of any document or record
containing information of the kind mentioned in subsection (1)(a).
|
|
(8)
Before making an order under subsection (7) a court must give an
opportunity to be heard to any person, other than the convicted
person, who claims to be the owner of or otherwise interested in
anything which can be forfeited under that subsection.
|
|
(9)
An order under subsection (8) shall not come into force until there
is no further possibility of it being varied, or set aside, on appeal
(disregarding any power of a court to grant leave to appeal out
of time).
|
Police
powers: records. |
104.
The Chief Constable of the Royal Ulster Constabulary shall make
arrangements for securing that a record is made of each exercise
by a constable of a power under this Part in so far as-
|
|
(a) it is
reasonably practicable to do so, and
|
|
(b) a record
is not required to be made under another enactment.
|
Powers. |
105.
A power conferred on a person by virtue of this Part-
|
|
(a) is additional
to powers which he has at common law or by virtue of any other
enactment, and
|
|
(b) shall
not be taken to affect those powers or Her Majesty's prerogative.
|
Private
security services. |
106.
Schedule 13 (private security services) shall have effect.
|
|
Specified organisations |
Specified
organisations: interpretation. |
107.
For the purposes of sections 108 to 111 an organisation is specified
at a particular time if at that time-
|
|
(a) it is
specified under section 3(8) of the Northern Ireland (Sentences)
Act 1998, and
|
|
(b) it is,
or forms part of, an organisation which is proscribed for the
purposes of this Act.
|
Evidence. |
108.
- (1) This section applies where a person is charged with an offence
under section 11.
|
|
(2)
Subsection (3) applies where a police officer of at least the rank
of superintendent states in oral evidence that in his opinion the
accused-
|
|
(a) belongs
to an organisation which is specified, or
|
|
(b) belonged
to an organisation at a time when it was specified.
|
|
(3)
Where this subsection applies-
|
|
(a) the statement
shall be admissible as evidence of the matter stated, but
|
|
(b) the accused
shall not be committed for trial, be found to have a case to answer
or be convicted solely on the basis of the statement.
|
|
(4)
In this section "police officer" means a member of-
|
|
(a) a police
force within the meaning of the Police Act 1996 or the Police
(Scotland) Act 1967, or
|
|
(b) the Royal
Ulster Constabulary.
|
Inferences. |
109.
- (1) This section applies where a person is charged with an offence
under section 11.
|
|
(2)
Subsection (4) applies where evidence is given that-
|
|
(a) at any
time before being charged with the offence the accused, on being
questioned under caution by a constable, failed to mention a fact
which is material to the offence and which he could reasonably
be expected to mention, and
|
|
(b) before
being questioned the accused was permitted to consult a solicitor.
|
|
(3)
Subsection (4) also applies where evidence is given that-
|
|
(a) on being
charged with the offence or informed by a constable that he might
be prosecuted for it the accused failed to mention a fact which
is material to the offence and which he could reasonably be expected
to mention, and
|
|
(b) before
being charged or informed the accused was permitted to consult
a solicitor.
|
|
(4)
Where this subsection applies-
|
|
(a) the court,
in considering any question whether the accused belongs or belonged
at a particular time to a specified organisation, may draw from
the failure inferences relating to that question, but
|
|
(b) the accused
shall not be committed for trial, be found to have a case to answer
or be convicted solely on the basis of the inferences.
|
|
(5)
Subject to any directions by the court, evidence tending to establish
the failure may be given before or after evidence tending to establish
the fact which the accused is alleged to have failed to mention.
|
Sections
108 and 109: supplementary. |
110.
- (1) Nothing in section 108 or 109 shall-
|
|
(a) prejudice
the admissibility of evidence admissible apart from that section,
|
|
(b) preclude
the drawing of inferences which could be drawn apart from that
section, or
|
|
(c) prejudice
an enactment providing (in whatever words) that an answer or evidence
given by a person in specified circumstances is not admissible
in evidence against him or some other person in any proceedings
or class of proceedings (however described, and whether civil
or criminal).
|
|
(2)
In subsection (1)(c) the reference to giving evidence is a reference
to giving it in any manner (whether by giving information, making
discovery, producing documents or otherwise).
|
Forfeiture
orders. |
111.
- (1) This section applies if-
|
|
(a) a person
is convicted of an offence under section 11 or 12, and
|
|
(b) at the
time of the offence he belonged to an organisation which was a
specified organisation.
|
|
(2)
The court by or before which the person is convicted may order the
forfeiture of any money or other property if-
|
|
(a) he had
it in his possession or under his control at the time of the offence,
and
|
|
(b) it has
been used in connection with the activities of the specified organisation
or the court believes that it may be used in that connection unless
it is forfeited.
|
|
(3)
Before making an order under this section the court must give an
opportunity to be heard to any person, other than the convicted
person, who claims to be the owner of or otherwise interested in
anything which can be forfeited under this section.
|
|
(4)
A question arising as to whether subsection (1)(b) or (2)(a) or
(b) is satisfied shall be determined on the balance of probabilities.
|
|
(5)
Schedule 4 shall apply (with the necessary modifications) in relation
to orders under this section as it applies in relation to orders
made under section 23.
|
|
Duration of Part VII |
Expiry
and revival. |
112.
- (1) This Part shall (subject to subsection (2)) cease to have
effect at the end of the period of one year beginning with the day
on which it is brought into force.
|
|
(2)
The Secretary of State may by order provide-
|
|
(a) that a
provision of this Part which is in force (whether or not by virtue
of this subsection) shall continue in force for a specified period
not exceeding twelve months;
|
|
(b) that a
provision of this Part shall cease to have effect;
|
|
(c) that a
provision of this Part which is not in force (whether or not by
virtue of this subsection) shall come into force and remain in
force for a specified period not exceeding twelve months.
|
|
(3)
An order under subsection (2) may make provision with respect to
a provision of this Part-
|
|
|
|
(b) only in
so far as it concerns powers of members of Her Majesty's Forces,
or
|
|
(c) except
in so far as it concerns powers of members of Her Majesty's Forces.
|
|
(4)
This Part shall, by virtue of this subsection, cease to have effect
at the end of the period of five years beginning with the day on
which it is brought into force.
|
|
(5)
The following provisions shall be treated for the purposes of this
section as forming part of this Part of this Act-
|
|
(a) paragraphs
36 and 37 of Schedule 4, and
|
|
(b) paragraphs
19 to 21 of Schedule 5.
|
Transitional
provisions. |
113.
- (1) Where a provision of sections 74 to 77 comes into force by
virtue of an order under section 112(2), that shall not affect a
trial on indictment where the indictment has been presented before
the provision comes into force.
|
|
(2)
Where a provision of sections 74 to 77 ceases to have effect (whether
or not by virtue of an order under section 112(2)), that shall not
affect the application of the provision to a trial on indictment
where the indictment has been presented before the provision ceases
to have effect.
|
|
(3)
If when section 74(1) comes into force by virtue of an order under
section 112(2) 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 section 74(1) he shall, if he was committed to the
Crown Court sitting elsewhere than in Belfast, be treated as having
been committed-
|
|
(a) to the
Crown Court sitting in Belfast, or
|
|
(b) where
a direction is given under section 74(1) which affects the trial,
to the Crown Court sitting at the place specified in the direction.
|
|
(4)
Where section 74 ceases to have effect (whether or not by virtue
of an order under section 112(2)), that shall not affect-
|
|
(a) the committal
of a person for trial in accordance with that provision to the
Crown Court sitting either in Belfast or elsewhere, or
|
|
(b) the 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.
|
|
(5)
Where section 79 or 80 ceases to have effect (whether or not by
virtue of an order under section 112(2)), that shall not affect
the operation of the section in relation to an offence committed
while it, or a corresponding earlier enactment, was in force.
|
|
(6)
Sections 108 and 109 shall not apply to a statement made or failure
occurring before 4th September 1998.
|
|
(7)
Where section 108 or 109 comes into force by virtue of an order
under section 112(2) it shall not apply to a statement made or failure
occurring while the section was not in force.
|
|
(8)
Section 111 applies where an offence is committed on or after 4th
September 1998; and for this purpose an offence committed over a
period of more than one day or at some time during a period of more
than one day shall be taken to be committed on the last of the days
in the period.
|
|
(9)
Paragraph 19 of Schedule 9 shall have effect only in relation to
an offence alleged to have been committed after the coming into
force of that Schedule.
|
|