United Kingdom Prevention of Terrorism
(Temporary Provisions) Act , 19741974 CHAPTER 56
An Act to proscribe organisations concerned in terrorism,
and to give power to exclude certain persons from Great
Britain or the United Kingdom in order to prevent acts of
terrorism, and for connected purposes. [29th November 1974]
BE IT ENACTED by the Queen's most Excellent Majesty, by
and with the advice and consent of the Lords Spiritual and
Temporal, and Commons, in this present Parliament bled, and
by the authority of the same, as follows:-
| |
|
PART I
PROSCRIBED ORGANISATIONS |
|
| |
|
|
|
| 1. (1) |
Subject to
subsection (6) below, if any person - |
Proscribed
organisations. |
| |
(a) |
belongs or professes to belong to a
proscribed organisation; |
|
| |
(b) |
solicits or invites financial or
other support for a proscribed organisation, or
knowingly makes or receives any contribution in
money or otherwise to the resources of a proscribed
organisation; or |
|
| |
(c) |
arranges or assists in the
arrangement or management of, or addresses, any
meeting of three or more persons (whether or not it
is a meeting to which the public are admitted)
knowing that the meeting is to support, or to
further the activities of, a proscribed
organisation, or is to be addressed by a person
belonging or professing to belong to a proscribed
organisation, |
|
| |
|
he shall be liable- |
|
| |
|
(i) on summary conviction to
imprisonment for a term not exceeding six months or
to a fine not exceeding �400, or both, and
|
|
| |
|
(ii) on conviction on indictment to
imprisonment for a term not exceeding five years or
to a fine, or both. |
|
| |
|
|
|
| (2) |
Any organisation for the
time being specified in Schedule 1 to this Act is a
proscribed organisation for the purposes of this Act
; and any organisation which passes
under a name mentioned in that Schedule shall be
treated as proscribed, whatever relationship (if
any) it has to any other organisation of the same
name. |
|
| |
|
|
|
| (3) |
The Secretary of State
may by order add to Schedule 1 to this Act any
organisation that appears to him to be concerned in
terrorism occurring in the United Kingdom and
connected with Northern Irish affairs, or in
promoting or encouraging it. |
|
| |
|
|
|
| (4) |
The Secretary of State
may also by order remove an organisation from
Schedule 1 to this Act. |
|
| |
|
|
|
| (5) |
In this section
"organisation" includes an association or
combination of persons. |
|
| |
|
|
|
| (6) |
A person belonging to a
proscribed organisation shall not be guilty
of an offence under this section by reason of
belonging to the organisation if he shows that he
became a member when it was not a proscribed
organisation and that he has not since then taken
part in any of its activities at any time while it
was a scribed organisation.
In this subsection the reference to a person
becoming member of an organisation shall be taken to
be a reference the only or last occasion on which he
became a member.
|
|
| |
|
|
|
| (7) |
The court by or before
which a person is convicted of offence under this
section may order the forfeiture of any m or other
property which, at the time of the offence, he had
in possession or under his control for the use or
benefit of proscribed organisation. |
|
| 2. |
-Any person who in a
public place- |
Display
of support |
| |
(a) |
wears any item of dress, or |
in public
for a |
| |
(b) |
wears, carries or displays any
article, |
proscribed organisation |
| |
in such a way or in such
circumstances as to arouse reasonable apprehension
that he is a member or supporter of a pr
organisation, shall be liable on summary conviction
to imprisonment for a term not exceeding three
months or to a fine" exceeding �200, or both. |
|
| |
|
|
|
| (2) |
A constable may arrest
without warrant a person whom he reasonably suspects
to be a person guilty of an offence under this
section.
|
|
| |
|
|
|
| (3) |
In this section "public
place" includes any highway and any other premises
or place to which at the material time the public
have, or are permitted to have, access whether on
payment or otherwise. |
|
| |
PART II
EXCLUSION ORDERS |
|
| |
|
|
| 3. (1) |
The Secretary of State
may exercise the powers conferred on him by this
Part of this Act in such way as appears prevent to
him expedient to prevent acts of terrorism (whether
in Great - Britain or elsewhere) designed to
influence public opinion or Government policy with
respect to affairs in Northern Ireland. |
Orders to prevent
terrorism. |
| |
|
|
|
| (2) |
In deciding whether to
exercise his powers under this section in relation
to a person who is ordinarily resident in Great
Britain, the Secretary of State shall have regard to
the question whether that person's connection with
any territory outside Great Britain is such as to
make it appropriate that an order should be made
against him under this section. |
|
| |
|
|
|
| (3) |
If the Secretary of
State is satisfied that- |
|
| |
(a) |
any person (whether in
Great Britain or elsewhere) is concerned in the
commission, preparation or instigation of acts of
terrorism, or
|
|
| |
(b) |
any person is attempting
or may attempt to enter Great Britain with a view to
being concerned in the commission, preparation or
instigation of acts of terrorism, |
|
| |
the Secretary of State
may make an order against that person prohibiting
him from being in, or entering, Great Britain. |
|
| |
|
|
|
| (4) |
An order shall not be
made under this section against a person who is a
citizen of the United Kingdom and Colonies and who -
|
|
| |
(a) |
is at the time
ordinarily resident in Great Britain, and has then
been ordinarily resident in Great Britain throughout
the last 20 years, or |
|
| |
(b) |
was born in Great
Britain and has, throughout his life, been
ordinarily resident in Great Britain. |
|
| |
Paragraph (a) shall be
construed in accordance with Schedule to this Act.
|
|
| |
|
|
|
| (5) |
When any question arises
under this Act whether or not person is exempted by
subsection (4) above, it shall lie on the person
asserting it to prove that he is. |
|
| |
|
|
|
| (6) |
An order made under the
preceding provisions of this section is
referred to in this Act as an "exclusion order".
|
|
| |
|
|
|
| (7) |
An exclusion order may
be revoked at any time further order made by the
Secretary of State. |
|
| |
|
|
|
| (8) |
If - |
|
| |
(a) |
a person subject to an
exclusion order fails to comply with the order at a
time after he has been served with notice of the
making of the order, or |
|
| |
(b) |
a person is knowingly
concerned in arrangements for securing or
facilitating the entry into Great Britain of a
person whom he knows, or has reasonable cause to
believe, to be a person subject to an exclusion or
|
|
| |
(c) |
a person knowingly
harbours a person whom he knows or has reasonable
cause to believe, to be a person subject to an
exclusion order, he shall be liable - |
|
| |
|
(i) |
on summary conviction to
imprisonment for a term not exceeding six months, or
to a fine not exceeding �400, or both, and |
|
| |
|
(ii) |
on conviction on indictment to
imprisonment for a term not exceeding five years, or
to a fine, or both. |
|
| 4. (1) |
- As soon as may be
after the making of an exclusion order, notice of
the making of the order shall be served on the
person against whom it is made, and the notice shall
- |
Right to make
representations to Secretary of State. |
| |
(a) |
set out the rights of representation
afforded to him by this section, and |
|
| |
(b) |
specify the manner in which those
representations be made. |
|
| |
|
|
|
| (2) |
Subsection (1) above
shall not impose an obligation take any steps to
serve a notice on a person at a time when he is
outside Great Britain. |
|
| |
|
|
| (3) |
If the person served
with notice objects to the order, he may within 48
hours of service of the notice make representations
in writing to the Secretary of State setting out the
grounds of his objection. |
|
| |
|
|
| (4) |
Where representations
are duly made under this section the Secretary of
State shall, unless he considers the grounds to be
frivolous, refer the matter for the advice of one or
more persons nominated by him. |
|
| |
|
|
|
| (5) |
After receiving the
objection and the report of the person or persons so
nominated, the Secretary of State shall, as may be,
reconsider the case. |
|
| |
|
|
| (6) |
Where representations
are duly made under this section PART II the
Secretary of State shall, if it is reasonably
practicable, notify the person against whom the
order was made of any decision he takes as to
whether or not to revoke the order. |
|
| 5. |
Where any person is
subject to an exclusion order and notice of the
order has been served on him, the Secretary of State
may have that person removed from Great Britain if-
|
Powers of removal. |
| |
(a) |
he consents, or |
|
| |
(b) |
no representations have been duly
made by him under section 4 above, or |
|
| |
(c) |
where such representations have been
duly made by him, he has been notified of the
Secretary of State's decision not to revoke the
order. |
|
| 6. (l) |
Where an exclusion order
is made against a person who is not a citizen of the
United Kingdom and Colonies it shall be an order
prohibiting that person from being in, or entering,
the United Kingdom. |
Exclusion orders
against persons who are not citizens of the United
Kingdom and Colonies. |
| (2) |
In relation to a person
who is not a citizen of the United Kingdom and
Colonies- |
|
| |
(a) |
the last reference to Great Britain
in section 3(2) and (3) above, and the reference to
Great Britain in section 5 above, shall be
construed as references to the United Kingdom, and
|
|
| |
(b) |
the reference in section 3(8)(b)
above to Great Britain shall be construed as
including a reference to Northern Ireland, |
|
| |
but this subsection has
effect subject to any order under the following
provisions of this section. |
|
| |
|
|
|
| (3) |
The Secretary of State
may by order provide that, in relation to a person
who is not a citizen of the United Kingdom and
Colonies, the provisions of sections 3, 4 and 5
of this Act shall have effect subject to such
exceptions, adaptations or modifications as may be
specified in the order. |
|
| |
|
|
|
| (4) |
An order under this
section - |
|
| |
(a) |
may make different provision for
different cases, and in particular provision
distinguishing between presence or residence in
Great Britain and presence or residence in Northern
Ireland, |
|
| |
(b) |
may exclude all or any of the
provisions of subsection (2) above in all or any
cases, |
|
| |
(c) |
may include such supplemental or
incidental provisions as appear to the Secretary of
State expedient. |
|
| |
|
PART III
|
|
| |
|
GENERAL AND MISCELLANEOUS
|
|
| |
|
|
|
| 7. (1) |
A constable may arrest
without warrant a person whom he reasonably suspects
to be- |
Powers of
arrest and detention.
|
| |
(a) |
a person guilty of an offence under
section 1 or 3, of this Act;
|
|
| |
(b) |
a person concerned in the
commission, preparation or instigation of acts of
terrorism; |
|
| |
(c) |
a person subject to an exclusion
order. |
|
| |
|
|
|
| (2) |
A person arrested under
this section shall not be detained in right of the
arrest for more than 48 hours after his arrest:
|
|
|
| |
Provided that the
Secretary of State may, in any particular case,
extend the period of 48 hours by a further period
not exceeding 5 days. |
|
|
| |
|
|
|
| (3) |
The following provisions
(requirement to bring arrested person before a court
after his arrest) shall not apply to a detained in
right of the arrest. |
|
|
| |
The said provisions are-
|
|
|
| |
|
Section 38 of the Magistrates'
Courts Act 1952, |
1952 c.
55. |
| |
|
Section 29 of the Children and Young
Persons Act 1969, |
1969 c.
54. |
| |
|
Section 20(3) of the Summary
Jurisdiction (Scotland) Act 1954,
|
1954 c.
48. |
| |
|
Section 132 of the Magistrates'
Courts Act (Northern Ireland) 1964, and |
1964 c.
c. 21 (N.I.). |
| |
|
Section 50(3) of the Children and
Young Persons Act (Northern Ireland) 1968. |
1968 c.
34 (N.I.). |
| |
|
|
|
| (4) |
In Scotland section
10(1) of the Summary Jurisdiction (Scotland) Act
1954 (chief constable may in certain cases accept
bail) shall not apply to a person detained in right
of an arrest under this section. |
|
|
| |
|
|
|
| (5) |
The provisions of this
section are without prejudice to the power of arrest
under section 2 of the Criminal Law Act 1967,
section 2 of the Criminal Law Act (Northern Ireland)
1967 and section 10 of the Northern Ireland
(Emergency Provisions) Act 1973. |
1967 c.
58
1967 c. 18 (N.I.).
1973 c. 53. |
| |
|
|
|
| |
|
|
|
| 8. (1) |
The
Secretary of State may by order provide for- |
Control
of entry and |
| |
(a) |
the examination of persons arriving
in, or leaving, Great Britain or Northern Ireland,
with a view to determining- |
procedure
for removal. |
| |
|
(i) whether any such person appears
to be person concerned in the commission,
preparation or instigation of acts of terrorism, or
|
|
| |
|
(ii) whether any such person is
subject to an exclusion order, or
|
|
| |
|
(iii) whether there are grounds for
suspecting that any such person has committed an
offence under section 3(8) of this Act, |
|
| |
(b) |
the arrest and detention of persons
subject to exclusion orders, pending their removal
pursuant to section 5 above, and |
|
| |
(c) |
arrangements for the removal of
persons pursuant to section 5 above. |
|
| |
|
|
|
| (2) |
An order under this
section may confer powers on examining officers
(appointed in accordance with paragraph 1(2) of
Schedule 3 to this Act), including- |
|
|
| |
(a) |
the power of arresting and detaining
any person pending- |
|
| |
|
(i) his examination, |
|
| |
|
(ii) the taking of a decision by the
Secretary of State as to whether or not to make an
exclusion order against him, or |
|
| |
|
(iii) his removal pursuant to
section 5 above, |
|
| |
(b) |
the power of searching persons, of
boarding ships or aircraft, of searching in ships or
aircraft, or elsewhere and of detaining articles-
|
|
| |
|
(i) for use in connection with the
taking of a decision by the Secretary of State as to
whether or not to make an exclusion order; or |
|
| |
|
(ii) for use as evidence in criminal
proceedings. |
|
| 9. (l) |
In this Act, unless the
context otherwise requires - "aircraft" includes
hovercraft, |
Supplemental
provisions. |
| |
|
"captain" means master (of a ship)
or commander (of an aircraft),
|
|
| |
|
"exclusion order" has the meaning
given by section 3(6) of this Act, |
|
| |
|
"port" includes airport and
hoverport, |
|
| |
|
"ship" includes every description of
vessel used in navigation,
|
|
| |
|
"terrorism" means the use of
violence for political ends, and includes any use of
violence for the purpose of putting the public or
any section of the public in fear. |
|
| |
|
|
|
| (2) |
The powers conferred by
Part II and section 8 of this Act shall be
exercisable notwithstanding the rights conferred by
Section 1 of the Immigration Act 1971 (general
principles regulating entry into and staying in the
United Kingdom). |
1971 c. 77. |
| |
|
|
| (3) |
Any reference in a
provision of this Act to a person's being concerned
in the commission, preparation or instigation of
acts of terrorism shall be taken to include a
reference to his being so concerned at any time
before the coming into force of that provision.
|
|
| |
|
|
| (4) |
The provisions of
Schedule 3 to this Act shall have effect for
supplementing sections 1 to 8 of this Act. |
|
| |
|
|
| (5) |
Any power to make an
order conferred by section 1, 6, 8 or 12 of this Act
shall be exercisable by statutory instrument and
shall include power to vary or revoke any order so
made. |
|
| |
|
|
| (6) |
An order made under
section 6 or 8 of this Act shall be subject to
annulment in pursuance of a resolution of either
House of Parliament.
|
|
| |
|
|
|
| (7) |
No order under section 1
or 12 of this Act shall be made unless- |
|
| |
(a) |
a draft of the order has been
approved by resolution of each House of Parliament,
or |
|
| |
(b) |
it is declared in the order that it
appears to the Secretary of State that by reason of
urgency it is necessary to make the order without a
draft having been so approved. |
|
| |
|
|
|
| (8) |
Every order under
section 1 or 12 of this Act (except such an order of
which a draft has been so approved) - |
|
| |
(a) |
shall be laid before Parliament, and
|
|
| |
(b) |
shall cease to have effect at the
expiration of a period of 40 days beginning with the
date on which it was made unless, before the
expiration of that period, the order has been
approved by resolution of each House of Parliament,
but without prejudice to anything previously done or
to the making of a new order. |
|
| |
|
|
|
| |
In reckoning for the
purposes of this subsection any period of 40 days,
no account shall be taken of any period during which
Parliament is dissolved or prorogued or during which
both Houses are adjourned for more than 4 days.
|
|
| |
|
|
|
| |
|
|
|
| 10. |
Any expenses incurred by
the Secretary of State under, or by virtue of, this
Act shall be paid out of money provided by
Parliament.
|
Financial provisions. |
| |
|
|
|
| 11. (1) |
Her Majesty may by Order
in Council direct that any of the provisions of this
Act shall extend, with such exceptions, adaptations
and modifications, if any, as may be specified in
the Order, to any of the Channel Islands and the
Isle of Man. |
Power to extend to
Channel Islands and Isle of Man. |
| |
|
|
|
| (2) |
An Order in Council
under this section may be varied or revoked by a
further Order in Council. |
|
| |
|
|
|
| |
|
|
|
| 12. (l) |
Sections 1 to 8 of this
Act shall remain in force until the expiry of the
period of six months beginning with the passing of
this Act and shall then expire unless continued in
force by an order under this section.
|
Duration, expiry and
revival of Act.
|
| |
|
|
|
| (2) |
The Secretary of State
may by order provide- |
|
| |
(a) |
that all or any of the provisions of
those sections which are for the time being in force
(including any in force by virtue of an order under
this section) shall continue in force for a period
not exceeding six months from the coming into
operation of the order; |
|
| |
(b) |
that all or any of the said
provisions which are for the time being in force
shall cease to be in force; or |
|
| |
(c) |
that all or any of the said
provisions which are not for the time being in force
shall come into force again and remain in force for
a period not exceeding six months from the coming
into operation of the order. |
|
| |
|
|
|
| (3) |
On the expiration of any
provision of this Act, section 38(2) of the
Interpretation Act 1889 (effect of repeals) shall
apply 1889 c. 63. as if that provision of this Act
was then repealed by another Act. |
|
| |
|
|
|
| |
|
|
|
| 13. (1) |
This Act may be cited as
the Prevention of Terrorism (Temporary Provisions)
Act 1974. |
Short title and
extent. |
| |
|
|
| (2) |
Part I of this Act shall
not extend to Northern Ireland.
|
|
| |
|
SCHEDULES
|
|
| |
|
SCHEDULE 1
PROSCRIBED ORGANISATIONS |
Section 1. |
| |
|
Irish Republican Army
|
|
| |
|
|
|
| |
|
|
|
| |
|
SCHEDULE 2
EXCLUSION ORDERS: CALCULATION OF PERIOD OF RESIDENCE
|
Section 3 |
| 1. (1) |
It is hereby declared
that a person is not to be treated, for the purpose
of the exemption in section 3(4)(a) of this Act for
persons ordinarily resident in Great Britain, as
ordinarily resident in Great Britain at a time when
he is there in breach of- |
|
| |
(a) |
an exclusion order; |
1971 c.
77. |
| |
(b) |
the Immigration Act 1971 ; or |
|
| |
(c) |
any law for purposes similar to that
Act which is or was for the time being (before or
after the passing of this Act) in force in any part
of Great Britain. |
|
| |
|
|
|
| (2) |
In that exemption "the
last 20 years" is to be taken as a period amounting
in total to 20 years exclusive of any time during
which the person claiming exemption was undergoing
imprisonment or detention by virtue of a sentence
passed for an offence on a conviction in the United
Kingdom and Islands, and the period for which he was
imprisoned or detained by virtue of the sentence
amounted to six months or more. |
|
| |
|
|
|
| |
|
|
|
| 2. |
In this Schedule - |
|
| |
(a) |
"sentence" includes any order made
on conviction of an offence;
|
|
| |
(b) |
two or more sentences for
consecutive (or partly consecutive) terms shall be
treated as a single sentence; |
|
| |
(c) |
a person shall be deemed to be
detained by virtue of a sentence-
|
|
| |
|
(i)at any time when he is liable to
imprisonment or detention by virtue of the sentence,
but is unlawfully at large; and |
|
| |
|
(ii)during any period of custody by
which under any relevant enactment the term to be
served under the sentence is reduced; |
|
| |
(d) |
"Islands" means the Channel Islands
and the Isle of Man. |
|
| |
|
|
|
| |
|
|
|
| 3. |
In sub-paragraph
(c)(ii) above "relevant enactment" means section
67 of the Criminal Justice Act 1967 (or before that
section operated, section 17(2) of the Criminal
Justice Administration Act 1962) and any similar
enactment which is for the time being or has (before
or after the passing of this Act) been in force in
any part of the United Kingdom or Islands. |
1967 c.
80.
1962 c. 15.
|
| |
|
SCHEDULE 3
SUPPLEMENTAL PROVISIONS FOR SECTIONS 1 TO 8
|
Section 9. |
| |
|
|
|
| |
|
PART I
ORDERS UNDER SECTION 8
|
|
| l. (1) |
In this Part of this
Schedule references to an order are to an order made
under section 8 of this Act. |
|
| |
|
|
| (2) |
An order shall provide
for the appointment as examining officers of- |
|
| |
(a) |
constables, |
|
| |
(b) |
immigration officers appointed for
the purposes of the Immigration Act 1971 under
paragraph 1 of Schedule 2 to that Act, and |
1971 c. 77. |
| |
(c) |
officers of customs and excise who
are the subject of arrangements for their employment
as immigration officers, made by the Secretary of
State under the said paragraph 1. |
|
| |
|
|
|
| (3) |
In Northern Ireland
members of Her Majesty's forces may perform such
functions conferred on examining officers as are
specified in the order. |
|
| |
|
|
| (4) |
Where, by virtue of
subsection (2)(b) of section 8, an order
confers powers of search and of detaining articles
on an examining officer, the order may also confer
power on the examining officer to authorise any
other person to exercise, on his behalf, any of the
powers conferred by virtue of that subsection. |
|
| |
|
|
|
| (5) |
An order may- |
|
| |
(a) |
in the case of ships and aircraft-
|
|
| |
|
- (i) coming to Great Britain from
the Republic of Ireland, Northern Ireland, the
Channel Islands or the Isle of Man, or |
|
| |
|
- (ii) going from Great Britain to
any other of those places,
|
|
| |
|
restrict the ports, areas or places
in Great Britain which they may use, and |
|
| |
(b) |
provide for the supply and use of-
|
|
| |
|
(i)landing cards by passengers
disembarking in Great Britain from ships or
aircraft, and |
|
| |
|
(ii) embarkation cards by passengers
boarding ships or aircraft about to leave Great
Britain. |
|
| |
|
|
|
| (6) |
The persons on whom
duties may be imposed by the order shall include
persons arriving in, or leaving, Great Britain or
Northern Ireland whether as passengers or otherwise,
and captains, owners or agents of ships or aircraft.
|
|
| |
|
|
| (7) |
Without prejudice to the
generality of section 8 or of the preceding
provisions of this paragraph, an order may contain
such supplemental or incidental provisions as appear
to the Secretary of State to be expedient, and may
contain provisions comparable to those contained in
or made under the following administrative
provisions of the Immigration Act 1971, that is to
say, section 33(3) (designation of ports of entry
and exit) and the following paragraphs Schedule 2:-
|
|
| |
|
|
| |
Paragraph |
|
| |
4 ... ... ... Duties of
persons being examined, and powers to search them
and their belongings. |
|
| |
5 ... ... ... Orders
about landing and embarkation cards. |
|
| |
8, 10 and 11 ...
Arrangements for the removal of persons. |
|
| |
16, 17 and 18(3) ...
Detention of persons liable to examination or
removal. |
|
| |
26 and 27 ... ...
Supplemental duties of those connected with ships or
aircraft or with ports. |
|
| |
|
|
| (8) |
A person who knowingly
contravenes or fails to comply with an order shall
be guilty of an offence, and shall be liable on'
summary conviction to a fine not exceeding �200, or
to imprisonment for not more than three months, or
both. |
|
| |
|
|
| (9) |
Examining officers
appointed in pursuance of sub-paragraph (2) above
shall exercise their functions under this Act in
accordance with such instructions as may from time
to time be given them by the Secretary of State.
|
|
| |
|
|
|
| |
|
|
|
| 2. (1) |
In the case of ships or
aircraft- |
|
| |
(a) |
coming to Northern Ireland from any
of the other places mentioned in paragraph 1(5)
above, or |
|
| |
(b) |
going to Northern Ireland from any
of those places, an order may restrict the ports,
areas or places in Northern Ireland which they may
use.
|
|
| |
|
|
|
| (2) |
An order may provide for
the supply and use of landing cards and embarkation
cards by persons disembarking in Northern Ireland
from ships or aircraft, or boarding ships or
aircraft about to leave Northern Ireland. |
|
| |
|
|
| |
|
|
| 3. |
An order may make such
provision as appears to the Secretary of State
expedient as respects persons who enter or leave
Northern Ireland by land, or who seek to do so.
|
|
| |
|
PART II
OFFENCES, DETENTION, ETC. |
|
| |
|
Prosecution of
offences |
|
| |
|
|
|
| 4. (1)
|
Proceedings for an
offence under section 1, 2 or 3 of this Act shall
not be instituted in England or Wales, or (for
section 3) in Northern Ireland, except by or with
the consent of the Attorney General. |
|
| |
|
|
| (2) |
Sub-paragraph (1) above
shall not prevent the issue or execution of a
warrant for the arrest of any person in respect of
an offence, or the remanding in custody or on bail
of any person charged with an offence. |
|
| |
|
|
|
| |
|
Search warrants
|
|
| 5. (l) |
If a justice of the
peace is satisfied that there is reasonable ground
for suspecting that- |
|
| |
(a) |
evidence of the commission of an
offence under section 1 or 3 of this Act, or |
|
| |
(b) |
evidence sufficient to justify the
making of an order under section 1 of this Act or an
exclusion order, |
|
| |
is to be found at any
premises or place, he may grant a search warrant
authorising entry to the premises or place. |
|
| |
|
|
|
| (2) |
An application for a
warrant under sub-paragraph (1) above shall be made
by a member of a police force of a rank not lower
than the rank of an inspector, and he shall give his
information to the justice on oath.
|
|
| |
|
|
|
| (3) |
The warrant shall
authorise the applicant, and any other member of any
police force, to enter the premises or place, if
necessary by force, and to search the premises or
place and every person found therein and to seize
anything found on the premises or place, or on any
such person, which any member of a police force
acting under the warrant has reasonable grounds for
suspecting to be evidence falling within
sub-paragraph (1) above. |
|
| |
|
|
|
| (4) |
If a member of a police
force of a rank not lower than the rank of
superintendent has reasonable grounds for believing
that the case is one of great emergency and that in
the interests of the State immediate action is
necessary, he may by a written order signed by him
give to any member of a police force the authority
which may be given by a search warrant under this
paragraph. |
|
| |
|
|
|
| (5) |
Where any authority is
so given, particulars of the case shall be notified
as soon as may be to the Secretary of State. |
|
| |
|
|
| (6) |
No woman shall, in
pursuance of a warrant or order given under this
paragraph, be searched except by a woman. |
|
| |
|
|
| (7) |
In the application of
this paragraph to Scotland, for any reference to a
justice of the peace there shall be substituted a
reference to a sheriff or a magistrate or justice of
the peace; and for any reference to infonnation on
oath there shall be substituted a reference to
evidence on oath.
|
|
| |
|
|
|
| |
|
Detention:
supplemental provisions |
|
| 6. (1) |
|
A person may be detained- |
|
| |
(a) |
in right of an arrest under section
7 of this Act, or |
|
| |
(b) |
under any provision contained in or
made under section 8 of this Act, or Part I of this
Schedule, |
|
| |
in such place as the
Secretary of State may from time to time direct
(when not detained in accordance with an order under
section 8 of this Act on board a ship or aircraft).
|
|
| |
|
|
| (2) |
A person shall be deemed
to be in legal custody at any time when he is so
detained. |
|
| |
|
|
| (3) |
Where a person is so
detained, any examining officer, constable or prison
officer, or any other person authorised by the
Secretary of State, may take all such steps as may
be reasonably necessary for photographing, measuring
or otherwise identifying him. |
|
| |
|
|
|
| |
|
Powers of search
without warrant |
|
| 7. (1) |
In any circumstances in
which a constable has power under section 7 of this
Act to arrest a person, he may also, for the purpose
of ascertaining whether he has in his possession any
document or other article which may constitute
evidence that he is a person liable to arrest, stop
that person, and search him. |
|
| |
|
|
| (2) |
Where a constable has
arrested a person under the said section, for any
reason other than for the commission of a criminal
offence, he, or any other constable, may search him
for the purpose of ascertaining whether lie has in
his possession any document or other article which
may constitute evidence that he is a person liable
to arrest. |
|
| |
|
|
| (3) |
No woman shall in
pursuance of this paragraph be searched except by a
woman. |
|
| |
|
|
|
| |
|
|
|
| |
|
Evidence in
proceedings |
|
| 8. (1) |
Any document purporting
to be an order, notice or direction made or given by
the Secretary of State for the purposes of any
provision contained in or made under this Act and to
be signed by him or on his behalf shall be received
in evidence, and shall, until the contrary is
proved, be deemed to be made or given by him. |
|
| |
|
|
| (2) |
Prima facie evidence of
any such order, notice or direction may, in any
legal proceedings, be given by the production of a
document bearing a certificate purporting to be
signed by or on behalf of the Secretary of State and
stating that the document is a true copy of the
order, notice or direction; and the certificate
shall be received in evidence, and shall, until the
contrary is proved, be deemed to be made or issued
by the Secretary of Stale. |
|
| |
|
|
|
| |
Application to Northern Ireland
|
|
| 9. (1) |
This Part of this
Schedule shall extend to Northern Ireland so far as
it relates to an offence under section 3 of this Act
in respect of an exclusion order which prohibits a
person from being in, or entering, the United
Kingdom (and not only Great Britain). |
|
| |
|
|
| (2) |
The Secretary of State
may by order contained in a statutory instrument
subject to annulment in pursuance of a resolution of
either House of Parliament make such adaptations of
this Part of this Schedule as appear to him
expedient for the purpose of its application to
Northern Ireland in accordance with this paragraph.
|
|
