Part II Proscribed Organisations
Offences
11 Membership.
1
A person commits an offence if he belongs or professes to belong to a proscribed organisation.
2
It is a defence for a person charged with an offence under subsection (1) to prove—
a
that the organisation was not proscribed on the last (or only) occasion on which he became a member or began to profess to be a member, and
b
that he has not taken part in the activities of the organisation at any time while it was proscribed.
3
A person guilty of an offence under this section shall be liable—
a
on conviction on indictment, to imprisonment for a term not exceeding F214 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.
4
In subsection (2) “proscribed” means proscribed for the purposes of any of the following—
a
this Act;
b
the M1Northern Ireland (Emergency Provisions) Act 1996;
c
the M2Northern Ireland (Emergency Provisions) Act 1991;
d
the M3Prevention of Terrorism (Temporary Provisions) Act 1989;
e
the M4Prevention of Terrorism (Temporary Provisions) Act 1984;
f
the M5Northern Ireland (Emergency Provisions) Act 1978;
g
the M6Prevention of Terrorism (Temporary Provisions) Act 1976;
h
the M7Prevention of Terrorism (Temporary Provisions) Act 1974;
i
the M8Northern Ireland (Emergency Provisions) Act 1973.
12 Support.
1
A person commits an offence if—
a
he invites support for a proscribed organisation, and
b
the support is not, or is not restricted to, the provision of money or other property (within the meaning of section 15).
F61A
A person commits an offence if the person—
a
expresses an opinion or belief that is supportive of a proscribed organisation, and
b
in doing so is reckless as to whether a person to whom the expression is directed will be encouraged to support a proscribed organisation.
2
A person commits an offence if he arranges, manages or assists in arranging or managing a meeting which he knows is—
a
to support a proscribed organisation,
b
to further the activities of a proscribed organisation, or
c
to be addressed by a person who belongs or professes to belong to a proscribed organisation.
3
A person commits an offence if he addresses a meeting and the purpose of his address is to encourage support for a proscribed organisation or to further its activities.
4
Where a person is charged with an offence under subsection (2)(c) in respect of a private meeting it is a defence for him to prove that he had no reasonable cause to believe that the address mentioned in subsection (2)(c) would support a proscribed organisation or further its activities.
5
In subsections (2) to (4)—
a
“meeting” means a meeting of three or more persons, whether or not the public are admitted, and
b
a meeting is private if the public are not admitted.
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 F114 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.
13 Uniform F5and publication of images.
1
A person in a public place commits an offence if he—
a
wears an item of clothing, or
b
wears, carries or displays an article,
in such a way or in such circumstances as to arouse reasonable suspicion that he is a member or supporter of a proscribed organisation.
F41A
A person commits an offence if the person publishes an image of—
a
an item of clothing, or
b
any other article,
in such a way or in such circumstances as to arouse reasonable suspicion that the person is a member or supporter of a proscribed organisation.
1B
In subsection (1A) the reference to an image is a reference to a still or moving image (produced by any means).
F72
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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.
F34
A constable may seize an item of clothing or any other article if the constable—
a
reasonably suspects that it is evidence in relation to an offence under subsection (1), and
b
is satisfied that it is necessary to seize it in order to prevent the evidence being concealed, lost, altered or destroyed.
5
In connection with exercising the power in subsection (4), a constable may require a person to remove the item of clothing or other article if the person is wearing it.
6
But the powers conferred by subsections (4) and (5) may not be exercised so as to seize, or require a person to remove, an item of clothing being worn next to the skin or immediately over a garment being worn as underwear.