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Northern Ireland (Emergency Provisions) Act 1973

Status:

This is the original version (as it was originally enacted).

  1. Introductory Text

  2. PART I Trial and Punishment of Certain Offences

    1. 1.Punishment for murder

    2. 2.Mode of trial on indictment of scheduled offences

    3. 3.Limitation of power to grant bail in case of scheduled offences

    4. 4.Court for trial of scheduled offences

    5. 5.Admissibility of written statements in proceedings relating to scheduled offences

    6. 6.Admissions by persons charged with scheduled offences

    7. 7.Onus of proof in relation to offences of possession

    8. 8.Treatment of young persons convicted of scheduled offences

    9. 9.Remand homes and training schools

  3. PART II Powers of Arrest, Detention, Search and Seizure, Etc

    1. 10.Arrest and detention of terrorists

    2. 11.Constables' general power of arrest and seizure

    3. 12.Powers of arrest of members of Her Majesty's forces

    4. 13.Power to search for munitions

    5. 14.Powers of explosives inspectors

    6. 15.Entry to search for persons unlawfully detained

    7. 16.Power to stop and question

    8. 17.General powers of entry and interference with rights of property and with highways

    9. 18.Supplementary provisions

  4. PART III Offences Against Public Security and Public Order

    1. 19.Proscribed organisations

    2. 20.Unlawful collection, etc., of information

    3. 21.Failure to disperse when required to do so

    4. 22.Riotous and disorderly behaviour, etc.

    5. 23.Dressing or behaving in a public place like a member of a proscribed organisation

  5. PART IV Miscellaneous and General

    1. 24.Supplementary regulations for preserving the peace, etc.

    2. 25.Provisions as to compensation

    3. 26.Restriction of prosecutions

    4. 27.The scheduled offences

    5. 28.Interpretation

    6. 29.Orders and regulations

    7. 30.Commencement, duration, expiry and revival of provisions of this Act

    8. 31.Short title, repeals, savings and extent

  6. SCHEDULES

    1. SCHEDULE 1

      Detention of Terrorists

      1. PART I Commissioners and Appeal Tribunal

        1. 1.For the purposes of this Act there shall be—

        2. The Commissioners

          1. 2.There shall be such number of commissioners as the Secretary...

          2. 3.A commissioner shall be a person who holds or has...

          3. 4.(1) A commissioner shall hold and vacate his office in...

          4. 5.The Ministry shall appoint such officers and servants for the...

        3. The Detention Appeal Tribunal

          1. 6.The Tribunal shall consist of such number of members as...

          2. 7.A member of the Tribunal shall be a person who...

          3. 8.A commissioner may be appointed to be a member of...

          4. 9.(1) A member of the Tribunal shall hold and vacate...

          5. 10.The Ministry shall appoint such officers and servants for the...

      2. PART II Interim Custody Orders and Detention Orders

        1. Interim Custody Orders

          1. 11.(1) Where it appears to the Secretary of State that...

        2. Adjudication by Commissioner

          1. 12.Where the case of a person detained under an interim...

          2. 13.Not less than seven days before the hearing of a...

          3. 14.(1) Proceedings before a commissioner shall take place in private....

          4. 15.On the hearing of a reference, the respondent Shall be...

          5. 16.On the hearing of a reference a commissioner may—

          6. 17.Where, in relation to any part of the proceedings, it...

          7. 18.Where any part of the proceedings takes place in the...

          8. 19.A commissioner may require any person to give evidence on...

          9. 20.(1) A commissioner— (a) may by summons in writing require...

          10. 21.A commissioner may order the payment by the Ministry to...

          11. 22.A commissioner shall keep or cause to be kept a...

          12. 23.Subject to the provisions of this Part of this Schedule,...

        3. Detention Orders

          1. 24.Where a commissioner decides that he is satisfied in accordance...

          2. 25.(1) A detention order shall be signed by the commissioner...

      3. PART III Appeals

        1. Notice of appeal

          1. 26.(1) Where a detention order has been made in the...

          2. 27.(1) A notice of appeal shall indicate the grounds of...

        2. Proceedings on appeal

          1. 28.Subject to paragraph 8 above, the Tribunal shall be deemed...

          2. 29.The hearing of an appeal shall be in private.

          3. 30.On the hearing of an appeal— (a) the Tribunal shall...

          4. 31.The Tribunal may require the attendance of the appellant if...

          5. 32.On an appeal, the Tribunal shall, if they are of...

          6. 33.Paragraphs 16 to 21 above shall, with any necessary modifications,...

          7. 34.Subject to the provisions of this Schedule, the Tribunal may...

      4. PART IV Supplemental

        1. Reference for review

          1. 35.(1) The Secretary of State may at any time refer...

        2. Release of persons detained

          1. 36.(1) The Secretary of State may direct the discharge at...

        3. Supplementary provisions as to detention

          1. 37.(1) A person required to be detained under an interim...

        4. Offences of escape, rescue, etc.

          1. 38.Any person who— (a) being detained under an interim custody...

        5. Interpretation

          1. 39.In this Schedule— " Chief Constable " means the Chief...

    2. SCHEDULE 2

      Proscribed Organisations

    3. SCHEDULE 3

      The Northern Ireland (Emergency Provisions) Regulations 1973

      1. Title

        1. 1.These regulations may be cited as the Northern Ireland (Emergency...

      2. Road traffic

        1. 2.The Secretary of State may by order prohibit, restrict or...

      3. Railways

        1. 3.The Secretary of State, or any officer of the Royal...

      4. Funerals

        1. 4.Where it appears to an officer of the Royal Ulster...

      5. Closing of licensed premises, clubs, etc.

        1. 5.The Secretary of State may by order require that premises...

    4. SCHEDULE 4

      The Scheduled Offences

      1. PART I Substantive Offences

        1. Common law offences

          1. 1.Murder, subject to note 1 below.

          2. 2.Manslaughter, subject to note 1 below.

          3. 3.The common law offence of arson.

          4. 4.The common law offence of riot.

        2. Malicious Damage Act 1861

          1. 5.Offences under the following provisions of the Malicious Damage Act...

        3. Offences against the Person Act 1861

          1. 6.Offences under the following provisions of the Offences against the...

        4. Explosive Substances Act 1883

          1. 7.Offences under the following provisions of the Explosive Substances Act...

        5. Criminal Justice (Miscellaneous Provisions) Act (Northern Ireland) 1968

          1. 8.Offences under section 9 of the Criminal Justice (Miscellaneous Provisions)...

        6. Firearms Act (Northern Ireland) 1969

          1. 9.Offences under the following provisions of the Firearms Act (Northern...

        7. Theft Act (Northern Ireland) 1969

          1. 10.Offences under the following provisions of the Theft Act (Northern...

        8. Protection of the Person and Property Act (Northern Ireland) 1969

          1. 11.Offences under the following provisions of the Protection of the...

        9. This Act

          1. 12.Offences under the following provisions of this Act—

        10. NOTES

          1. 1.Neither murder nor manslaughter shall be a scheduled offence in...

          2. 2.An offence under section 18, 20 or 47 of the...

          3. 3.An offence under section 9 of the Criminal Justice (Miscellaneous...

          4. 4.Robbery and aggravated burglary shall be scheduled offences only where...

      2. PART II Inchoate and Related Offences

        1. 13.Each of the following offences, that is to say—

    5. SCHEDULE 5

      Repeals

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