PART VII continued
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.
(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.
(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 [1998 c. 42.] Human Rights Act 1998.
Schedule 10 (which confers power to search for munitions and transmitters) shall have effect.
(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 [1875 c. 17.] Explosives Act 1875.
(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
(b) a constable.
(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.
(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 [S.I. 1989/1341 (N.I. 12).] 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.
(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.
(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
(b) a constable.
(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
(b) a constable.
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.
(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,
(b) a constable, or
(c) a person authorised for the purposes of this section by the Secretary of State.
(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
(c) both.
(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.
(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
(c) both.
(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).
(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
(c) both.
(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.
(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
(c) both.
(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.
(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.
(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.
(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.
(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—
(a) publish a draft,
(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 [1955 c. 18.] Army Act 1955 or the [1955 c. 19.] Air Force Act 1955 other than section 70 (civil offences), and
(b) proceedings under any provision of the [1957 c. 53.] 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 [1955 c. 18.] Army Act 1955, the [1955 c. 19.] Air Force Act 1955 or the [1957 c. 53.] 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.
Schedule 12 (which provides for compensation to be paid for certain action taken under this Part) shall have effect.
(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—
(a) a constable,
(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.
(3) In this section “record” includes a photographic or electronic record.
(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).