Office of Public Sector Information
PART VII continued
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.
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.
Schedule 13 (private security services) shall have effect.
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 [1998 c. 35.] Northern Ireland (Sentences) Act 1998, and
(b) it is, or forms part of, an organisation which is proscribed for the purposes of this Act.
(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 [1996 c. 16.] Police Act 1996 or the [1967 c. 77.] Police (Scotland) Act 1967, or
(b) the Royal Ulster Constabulary.
(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.
(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).
(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.
(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—
(a) generally,
(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.
(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.
Terrorism Act 2000