Northern Ireland (Emergency Provisions) Act 1978 (Repealed 27.8.1991)

Northern Ireland (Emergency Provisions) Act 1978

1978 CHAPTER 5

An Act to consolidate, with certain exceptions, the Northern Ireland (Emergency Provisions) Act 1973, the Northern Ireland (Young Persons) Act 1974 and the Northern Ireland (Emergency Provisions) (Amendment) Act 1975.

[23rd March 1978]

Modifications etc. (not altering text)

C1 This Act has not been revised to 1.2.1991. It was repealed with effect from 27.8.1991 by Northern Ireland (Emergency Provisions) Act 1991 (c. 24, SIF 39:1), s. 70(4), Sch. 8 Pt. I. It is available as last published in Statutes in Force (revised to 1.2.1988).

C2 Act repealed as from end of period of 5 years beginning with 15.5.1987 by virtue of s. 33(9) as added by Northern Ireland (Emergency Provisions) Act 1987 (c. 30, SIF 39:1), s. 13(4)

C3 Act: Specified provisions continued (until 21.3.1992) by S.I. 1991/779 art.3

Commencement Information

I1 Act partly in force at Royal Assent and wholly in force at 1.6.1978 see s. 33(1)

Northern Ireland (Emergency Provisions) Act 1978

1978 CHAPTER 5

An Act to consolidate, with certain exceptions, the Northern Ireland (Emergency Provisions) Act 1973, the Northern Ireland (Young Persons) Act 1974 and the Northern Ireland (Emergency Provisions) (Amendment) Act 1975.

[23rd March 1978]

Modifications etc. (not altering text)

C10 This Act has not been revised to 1.2.1991. It was repealed with effect from 27.8.1991 by Northern Ireland (Emergency Provisions) Act 1991 (c. 24, SIF 39:1), s. 70(4), Sch. 8 Pt. I. It is available as last published in Statutes in Force (revised to 1.2.1988).

C11 Act repealed as from end of period of 5 years beginning with 15.5.1987 by virtue of s. 33(9) as added by Northern Ireland (Emergency Provisions) Act 1987 (c. 30, SIF 39:1), s. 13(4)

Part I N.I. Scheduled Offences

Preliminary enquiries, bail and young persons in custody N.I.

1 Preliminary enquiry into scheduled offences. N.I.

(1) Where in any proceedings before a magistrates’ court for a scheduled offence (not being an extra-territorial offence as defined in section 1(3) of the M1 Criminal Jurisdiction Act 1975) the prosecutor requests the court to conduct a preliminary enquiry into the offence under the [F1 M2 Magistrates’ Courts (Northern Ireland) Order 1981], the court shall, notwithstanding anything in [F2 Article 31 of that Order of 1981], conduct a preliminary enquiry into the offence unless the court is of opinion that in the interests of justice a preliminary investigation should be conducted into the offence under [F3 that Order of 1981].

(2) Where in any proceedings a person charged with a scheduled offence is also charged with another offence which is not a scheduled offence, that other offence shall be treated as a scheduled offence for the purposes of subsection (1) above.

Textual Amendments

F1 Words substituted by S.I. 1981/1675 (N.I. 26), art. 170(2), Sch. 6 Pt. I, para. 48(a)

F2 Words substituted by S.I. 1981/1675 (N.I. 26), art. 170(2), Sch. 6 Pt. I, para. 48(b)

F3 Words substituted by S.I. 1981/1675 (N.I. 26), art. 170(2), Sch. 6 Pt. I, para. 48(c)

Marginal Citations

M1 1975 c. 59.

M2 1981/1675

[F4 2 Limitation of power to grant bail in case of Scheduled offences. N.I.

(1) Subject to subsection (7) below, a person to whom this section applies shall not be admitted to bail except—

(a) by a judge of the High Court or the Court of Appeal; or

(b) by the judge of the court of trial, on adjourning the trial of a person charged with a scheduled offence.

(2) A judge may, in his discretion, admit to bail in pursuance of subsection (1) above a person to whom this section applies except where he is satisfied that there are substantial grounds for believing that that person, if released on bail (whether subject to conditions or not), would—

(a) fail to surrender to custody, or

(b) commit an offence while on bail, or

(c) interfere with any witness, or

(d) otherwise obstruct or attempt to obstruct the course of justice, whether in relation to himself or in relation to any other person,

or, if released subject to conditions, would fail to comply with all or any of those conditions.

(3) In exercising his diseretion in accordance with subsection (2) above in relation to a person, a judge shall have regard to such of the following considerations as appear to him to be relevant, namely—

(a) the nature and seriousness of the offence with which the person is charged,

(b) the character, antecedents, associations and community ties of the person,

(c) the time which the person has already spent in custody and the time which he is likely to spend in custody if he is not admitted to bail, and

(d) the strength of the evidence of his having committed the offence,

as well as to any others which appear to be relevant.

(4) Without prejudice to any other power to impose conditions on admission to bail, a judge may impose such conditions on admitting a person to bail under this section as appear to him to be likely to result in that person’s appearance at the time and place required, or to be necessary in the interests of justice or for the prevention of crime.

(5) This section applies, subject to subsection (6) below, to any person—

(a) who is charged with a scheduled offence; and

(b) who has attained the age of fourteen.

(6) This section does not apply to a person charged with a scheduled offence—

(a) which is being tried summarily, or

(b) which the Director of Public Prosecutions for Northern Ireland certifies is in his opinion suitable to be tried summarily.

(7) Subsection (l) above shall not preclude a resident magistrate from admitting to bail a person to whom this section applies if—

(a) the person is a serving member of any of Her Majesty’s forces or a serving member of the Royal Ulster Constabulary or of the Royal Ulster Constabulary Reserve, and

(b) the resident magistrate is satisfied that suitable arrangements have been made for the person to be held in military or (as the case may be) police custody, and imposes a condition on admitting him to bail that he is to be held in such custody.]

Textual Amendments

F4 S. 2 substituted by Northern Ireland (Emergency Provisions) Act 1987 (c. 30, SIF 39:1), s. 1

3 Legal aid to applicants for bail in case of scheduled offences. N.I.

(1) Where it appears to a judge [F5 of the High Court or the Court of Appeal]—

(a) that a person charged with a scheduled offence intends to apply to be admitted to bail; and

(b) that it is desirable in the interests of justice that that person should have legal aid but that he has not sufficient means to enable him to obtain that aid,

the judge may assign to him a solicitor and counsel, or counsel only, in the application for bail.

(2) If, on a question of granting a person free legal aid under this section, there is a doubt whether his means are sufficient to enable him to obtain legal aid or whether it is desirable in the interests of justice that he should have free legal aid, the doubt shall be resolved in favour of granting him free legal aid.

(3) [F6 Articles 32, 36 and 40 of the M3 Legal Aid, Advice and Assistance (Northern Ireland) Order 1981] (statements, payments, rules and stamp duty) shall apply in relation to legal aid under this section as they apply in relation to legal aid under [F6 Part III of that Order] as if any legal aid under this section were given in pursuance of a criminal aid certificate under [F6 Article 29 of that Order].

Textual Amendments

F5 Words substituted by Judicature (Northern Ireland) Act 1978 (c. 23, SIF 38), s. 122(1), Sch. 5, Pt. II(1)

F6 Words substituted by S. I. 1981/228 (N.I. 8), art. 42(1), Sch. 3

Marginal Citations

M3 1981/228 (N.I. 8).

[F7 3A Maximum period of remand in custody in case of scheduled offences. N.I.

Notwithstanding Article 47(2) and (3) of the M4 Magistrates’ Courts (Northern Ireland) Order 1981, the period for which a person charged with a scheduled offence may be remanded in custody by a magistrates’ court shall be a period of not more than 28 days beginning with the day following that on which he is so remanded.]

Textual Amendments

F7 S. 3A inserted by Northern Ireland (Emergency Provisions) Act 1987 (c. 30, SIF 39:1), s. 2

Marginal Citations

M4 1981/1675 (N.I. 26).

4 Holding in custody of young persons charged with scheduled offences. N.I.

(1) Where a person to whom this section applies has been remanded or committed for trial as respects a scheduled offence and is not released on bail, he may—

(a) notwithstanding the provisions of any enactment, and

(b) whether or not he was remanded or committed for trial at a time when this section was not in force,

be held in custody in such prison or other place as may be specified in a direction given by the Secretary of State under this section (in this section and section 5 below referred to as “a direction”).

(2) The Secretary of State may give a direction in respect of a person to whom this section applies if he considers that it is necessary, in order to prevent his escape or to ensure his safety or the safety of others, to make special arrangements as to the place at which that person is to be held in custody while on remand or while committed for trial.

(3) A direction may be given by the Secretary of State at any time after the young person to whom it relates has been charged with a scheduled offence, and may be varied or revoked by a further direction.

(4) This section applies to any young person charged with a scheduled offence.

(5) In this section “young person” means a person who has attained the age of 14 and is under the age of 17.

5 Directions under s. 4. N.I.

(1) A direction shall, if it has not previously ceased to have effect, cease to have effect at the expiration of such period as may be specified in the direction (being a period not exceeding two months beginning with the date of the direction), unless continued in force by a further direction.

(2) Where, by virtue of a direction, a young person is held in custody in a prison or other place and the direction ceases to have effect (whether or not by reason of the expiry or cesser of section 4 above) it shall be lawful for him to continue to be held in custody in that prison or place until arrangements can be made for him to be held in custody in accordance with the law then applicable to his case.

(3) Nothing in subsection (2) above shall be taken to make lawful the holding in custody of any person who would, disregarding that subsection, be entitled to be released from custody.

[F8 Time limits on preliminary proceedings] N.I.

Textual Amendments

F8 S. 5A inserted by Northern Ireland (Emergency Provisions) Act 1987 (c. 30, SIF 39:1), s. 3

5A Power of Secretary of State to set time limits in relation to preliminary proceedings for scheduled offences. N.I.

(1) The Secretary of State may by regulations make provision, with respect to any specified preliminary stage of proceedings for a Scheduled offence, as to the maximum period—

(a) to be allowed to the prosecution to complete that stage;

(b) during which the accused may, while awaiting completion of that stage, be—

(i) in the custody of a magistrates, court; or

(ii) in the custody of the Crown Court,

in relation to that offence.

(2) The regulations may, in particular—

(a) provide for—

(i) the M5 Magistrates’ Courts (Northern Ireland) Order 1981,

(ii) section 2 above, or

(iii) any other enactment, or any rule of law, relating to bail,

to apply in relation to cases to which custody or overall time limits apply subject to such modifications as may be specified (being modifications which the Secretary of State considers necessary in consequence of any provision made by the regulations);

(b) provide for time limits imposed by the regulations to cease to have effect in cases where, after the institution of proceedings for a scheduled offence, the Attorney General for Northern Ireland has certified that the offence in question is not to be treated as a scheduled offence;

(c) makes such provision with respect to the procedure to be followed in criminal proceedings as the Secretary of State considers appropriate in consequence of any other provision of the regulations; and

(d) make such transitional provision in relation to proceedings instituted before the commencement of any provision of the regulations as the Secretary of State considers appropriate.

(3) Where separate counts of an indictment allege a scheduled offence and an offence which is not a scheduled offence, then (subject to, and in accordance with, the provisions of the regulations) the regulations shall have effect in relation to the latter offence as if it were a scheduled offence.

(4) The Crown Court may, at any time before the expiry of a time limit imposed by the regulations, extend, or further extend, that limit if it is satisfied—

(a) that there is good and sufficient cause for doing so; and

(b) that the prosecution has acted with all due expedition.

(5) Where, in relation to any proceedings for a relevant offence, an overall time limit has expired before the completion of the stage of the proceedings to which the limit applies, the accused shall be treated, for all purposes, as having been aiquitted of that offence.

(6) Where—

(a) a person escapes from the custody of a magistrates’ court or of the Crown Court before the expiry of a custody time limit which applies in his case; or

(b) a person who has been released on bail in consequence of the expiry of a custody time limit—

(i) fails to surrender himself into the custody of the court at the appointed time; or

(ii) is arrested by a constable in connection with any breach, or apprehended breach, of any condition of his bail,

the regulations shall, so far as they provide for any custody time limit in relation to the preliminary stage in question, be disregarded.

(7) Where—

(a) a person escapes from the custody of a magistrates’ court or of the Crown Court; or

(b) a person who has been released on bail fails to surrender himself into the custody of the court at the appointed time,

the overall time limit which applies in his case in relation to the stage which the proceedings have reached at the time of the escape or, as the case may be, at the appointed time shall, so far as the relevant offence in question is concerned, cease to have effect.

(8) Where a person is convicted of a relevant offence in any proceedings, the exercise, in relation to any preliminary stage of those proceedings, of the power conferred by subsection (4) above shall not be called into question on any appeal against that conviction.

(9) In this section—

• “custody of the Crown Court” includes custody to which a person is committed in pursuance of—

(a) Article 37 or 40(4) of the M6 Magistrates’ Courts (Northern Ireland) Order 1981 (magistrates’ court committing accused for trial); or

(b) section 51(8) of the M7 Judicature (Northern Ireland) Act 1978 (magistrates’ court dealing with a person brought before it following his arrest in pursuance of a warrant issued by the Crown Court);

• “custody of a magistrates’ court” means custody to which a person is committed in pursuance of Article 47 or 49 of the Magistrates’ Courts (Northern Ireland) Order 1981 (remand);

• “custody time limit” means a time limit imposed by the regulations in pursuance of subsection (1)(b) above or, where any such limit has been extended by the Crown Court under subsection (4) above, the limit as so extended;

• “preliminary stage”, in relation to any proceedings, does not include any stage of the proceedings after the accused has been arraigned in the Crown Court or, in the case of a summary trial, the magistrates’ court has begun to hear evidence for the prosecution at the trial;

• “overall time limit” means a time limit imposed by the regulations in pursuance of subsection (1)(a) above or, where any such limit has been extended by the Crown Court under subsection (4) above, the limit as so extended;

• “relevant offence” means—

(a) a scheduled offence, or

(b) an offence in relation to which the regulations have effect in accordancde with subsection (3) above; and

• “specified” means specified in the regulations.

(10) For the purposes of the application of any custody time limit in relation to a person who is in the custody of a magistrates’ court or of the Crown Court—

(a) all periods during which he is in the custody of the magistrates’ court in respect of the same offence shall be aggregated and treated as a single continuous period; and

(b) all periods during which he is in the custody of the Crown Court in respect of the same offence shall be aggregated and treated similarly.

Marginal Citations

M5 1981/1675 (N.I. 26).

M6 1981/1675 (N.I. 26).

M7 1978 c. 23(38).

Court and mode of trial N.I.

[F9 6 Court for trial of scheduled offences. N.I.

(1) A trial on indictment of a scheduled offence shall be held only at the Crown Court sitting in Belfast, unless the Lord Chancellor after consultation with the Lord Chief Justice of Northern Ireland directs in any particular case that such a trial shall be held at the Crown Court sitting elsewhere.

(2) A person committed for trial for a scheduled offence, or for two or more offences at least one of which is a scheduled offence, shall be committed—

(a) to the Crown Court sitting in Belfast, or

(b) where the Lord Chancellor has given a direction under subsection (1) above with respect to the trial, to the Crown Court sitting at the place specified in the direction;

and section 48 of the M8 Judicature (Northern Ireland) Act 1978 (committal for trial on indictment) shall have effect accordingly.

(3) Where—

(a) in accordance with subsection (2) above any person is committed for trial to the Crown Court sitting in Belfast, and

(b) a direction is subsequently given by the Lord Chancellor under subsection (1) above altering the place of trial,

that person shall be treated as having been committed for trial to the Crown Court sitting at the place specified in the direction.]

Textual Amendments

F9 S. 6 substituted by Northern Ireland (Emergency Provisions) Act 1987 (c. 30, SIF 39:1), s. 4

Marginal Citations

M8 1978 c. 23(38.)

7 Mode of trial on indictment of scheduled offences. N.I.

(1) A trial on indictment of a scheduled offence shall be conducted by the court without a jury.

(2) The court trying a scheduled offence on indictment under this section shall have all the powers, authorities and jurisdiction which the court would have had if it had been sitting with a jury, including power to determine any question and to make any finding which would, apart from this section, be required to be determined or made by a jury, and references in any enactment to a jury or the verdict or finding of a jury shall be construed accordingly in relation to a trial under this section.

(3) Where separate counts of an indictment allege a scheduled offence and an offence which is not a scheduled offence, the trial on indictment shall, without prejudice to section 5 of the M9 Indictments Act (Northern Ireland) 1945 (orders for amendment of indictment, separate trial and postponement of trial), be conducted as if all the offences alleged in the indictment were scheduled offences.

(4) Without prejudice to subsection (2) above, where the court trying a scheduled offence on indictment—

(a) is not satisfied that the accused is guilty of that offence, but

(b) is satisfied that he is guilty of some other offence which is not a scheduled offence, but of which a jury could have found him guilty on a trial for the scheduled offence,

the court may convict him of that other offence.

(5) Where the court trying a scheduled offence convicts the accused of that or some other offence, then, without prejudice to its power apart from this subsection to give a judgment, it shall, at the time of conviction or as soon as practicable thereafter, give a judgment stating the reasons for the conviction.

(6) A person convicted of any offence on a trial under this section without a jury may, notwithstanding anything in [F10 sections 1 and 10(1) of the M10 Criminal Appeal (Northern Ireland) Act 1980 appeal to the Court of Appeal under Part I of that Act]—

(a) against his conviction, on any ground, without the leave of the [F11 Court of Appeal] or a certificate of the judge of the court of trial; and

(b) against sentence passed on conviction, without that leave, unless the sentence is one fixed by law.

(7) Where a person is so convicted, the time for giving notice of appeal under subsection (1) of [F12 section 16 of that Act of 1980] shall run from the date of judgment, if later than the date from which it would run under that subsection.

Textual Amendments

F10 Words substituted by Criminal Appeal (Northern Ireland) Act (c. 47, SIF 38), s. 51(1), Sch. 4 para. 14

F11 Words substituted by Judicature (Northern Ireland) Act 1978 (c. 23, SIF 38), s. 122(1), Sch. 5 Pt. II(1)

F12 Words substituted by Criminal Appeal (Northern Ireland) Act 1980 (c. 47, SIF 38), s. 51(1), Sch. 4 para. 14

Marginal Citations

M9 1945 c. 16 (N.I.)

M10 1980 c. 47(38).

Evidence, onus of proof and treatment of convicted young persons N.I.

[F13 8 Admissions by persons charged with scheduled offences. N.I.

(1) In any criminal proceedings for a scheduled offence, or for two or more offences at least one of which is a scheduled offence, a statement made by the accused may be given in evidence by the prosecution in so far as—

(a) it is relevant to any matter in issue in the proceedings, and

(b) it is not excluded by the court in pursuance of subsection (2) below or in the excercise of its discretion referred to in subsection (3) below (and has not been rendered inadmissable by virtue of such a direction as is mentioned in subsection (2)(iii) below.)

(2) Where in any such proceedings—

(a) the prosecution proposes to give, or (as the case may be) has given, in evidence a statement made by the accused, and

(b) prima facie evidence is adduced that the accused was subjected to torture, to inhuman or degrading treatment, or to any violence or threat of violence (whether or not amounting to torture), in order to induce him to make the statement,

then, unless the prosecution satisfies the court that the statement was not obtained by so subjecting the accused in the manner indicated by that evidence, the court shall do one of the the following things, namely—

(i) in the case of a statement proposed in evidence, exclude the statement;

(ii) in the case of a statement already received in evidence, continue the trail disregarding the statement; or

(iii) in either case, direct that the trial shall be restarted before a differently constituted court (before which the statement in question shall be inadmissable).

(3) It is hereby declared that, in the case of any statement made by the accused and not obtained by so subjecting him as mentioned in subsection (2)(b) above, the court in any such proceedings as are mentioned in subsection (1) above has a discretion to do one of the things mentioned in subsection (2)(i) to (iii) above if it appears to the court that it is appropriate to do so in order to avoid unfairness to the accused or othewise in the interests of justice.

(4) This section does not apply to a summary trial.]

Textual Amendments

F13 S. 8 substituted by Northern Ireland (Emergency Provisions) Act 1987 (c. 30, SIF 39:1), s. 5

9 Onus of proof in relation to offences of possession. N.I.

(1) Where a person is charged with possessing a proscribed article in such circumstances as to constitute an offence to which this section applies and it is proved that at the time of the alleged offence—

(a) he and that article were both present in any premises; or

(b) the article was in premises of which he was the occupier or which he habitually used otherwise than as a member of the public,

the court may accept the fact proved as sufficient evidence of his possessing (and, if relevant, knowingly possessing) that article at that time unless it is further proved that he did not at that time know of its presence in the premises in question, or, if he did know, that he had no control over it.

(2) This section applies to vessels, aircraft and vehicles as it applies to premises.

(3) In this section “proscribed article” means an explosive, firearm, ammunition, substance or other thing (being a thing possession of which is an offence under one of the enactments mentioned in subsection (4) below).

(4) This section applies to scheduled offences under the following enactments, that is to say—

The M11 Explosive Substances Act 1883

Section 3, so far as relating to subsection (1)(b) thereof (possessing explosive with intent to endanger life or cause serious damage to property).

Section 4 (possessing explosive in suspicious circumstances).

. . . F14

The Protection of the M12 Person and Property Act (Northern Ireland) 1969

Section 2 (possessing petrol bomb, etc., in suspicious circumstances).

[F15 The M13 Firearms (Northern Ireland) Order 1981

Article 3 (possessing firearm or ammunition without, or otherwise than as authorised by, a firearm certificate).

Article 6 (possessing machine gun, or weapon discharging, or ammunition containing, noxious substance).

Article 17 (possessing firearm or ammunition with intent to endanger life or cause serious damage to property).

Article 18(2) (possesing firearm or imitation firearm at time of committing, or being arrested for, a specified offence).

Article 22(1),(2) or (4) (possesion of firearm or ammunition by a person who has been sentenced to imprisonment, etc.)

Article 23 (possessing firearm or ammunition in suspicious circumstances).]

(5) This section does not apply to a summary trial.

Textual Amendments

F14 Words repealed by S. I. 1981/155 (N.I. 2), art. 61, Sch. 4 para. 3, Sch. 5

F15 Words inserted by S. I. 1981/155 (N.I. 2), art. 61(1), Sch. 4 para. 3

Marginal Citations

M11 1883 c. 3.

M12 1969 c. 29 (N.I.)

M13 1981 c. 155 (N.I. 2)

10 Treatment of young persons convicted of scheduled offences. N.I.

(1) Section 73(2) of the M14 Children and Young Persons Act (Northern Ireland) 1968 (under which a court may sentence a child or young person convicted on indictment of an offence punishable in the case of an adult with imprisonment for fourteen years or more to detention for a period specified in the sentence) shall have effect in relation to a young person convicted of a scheduled offence committed while this subsection is in force with the substitution of the word “five” for the word “fourteen”.

(2) Subsection (3) of section 74 of that Act (under which the maximum length of the term or the aggregate of the terms for which a person may be committed in custody to a remand home under section 74(1)(e) is one month) shall have effect in relation to a young person found guilty of a scheduled offence committed while this subsection is in force with the substitution of the words “six months” for the words “one month”.

Marginal Citations

M14 1968 c. 34 (N.I.)

Part II N.I. Powers of Arrest, Detention, Search and Seizure, etc.

[F16 11 Entry and search of premises for purpose of arresting terrorists. N.I.

For the purposes of arresting a person under section 12(1)(b) of the M15 Prevention of Terrorism (Temporary Provisions) act 1984 (arrest of persons suspected of being concerned in acts of terrorism) a constable may enter and search any premises or other place where that person is or where the constable has reasonable grounds for suspecting him to be.]

Textual Amendments

F16 S. 11 substituted by Northern Ireland (Emergency Provisions) Act 1987 (c. 30, SIF 39:1), s. 6

Marginal Citations

M15 1984 c. 8(39:2).

12 Detention of terrorists, etc. N.I.

Schedule 1 to this Act shall have effect with respect to the detention of terrorists and persons suspected of being terrorists.

Modifications etc. (not altering text)

C4 S. 12 expired with 24.7.1980 by virtue of s. 33(2) and S.I. 1979/1683: Northern Ireland (Emergency Provisions) Act 1987 (c. 30, SIF 39:2), s. 13(5)

13 Constables’ general power of arrest and seizure. N.I.

(1) Any constable may arrest without warrant any person [F17 who he has reasonable grounds to suspect is committing, has committed or is] about to commit a scheduled offence or an offence under this Act which is not a scheduled offence.

(2) For the purposes of arresting a person under this section a constable may enter and search any premises or other place where that person is or where the constable [F18 has reasonable grounds for suspecting him to be].

(3) A constable may seize anything which he [F19 has reasonable grounds to suspect] is being, has been or is intended to be used in the commission of a scheduled offence or an offence under this Act which is not a scheduled offence.

Textual Amendments

F17 Words substituted by Northern Ireland (Emergency Provisions) Act 1987 (c. 30, SIF 39:1), s. 25(1), Sch. 1 para. 1(a)

F18 Words substituted by Northern Ireland (Emergency Provisions) Act 1987 (c. 30, SIF 39:1), s. 25(1), Sch. 1 para. 1(b)

F19 Words substituted by Northern Ireland (Emergency Provisions) Act 1987 (c. 30, SIF 39:1), s. 25(1), Sch. 1 para. 1(c)

14 Powers of arrest of members of Her Majesty’s forces. N.I.

(1) A member of Her Majesty’s forces on duty may arrest without warrant, and detain for not more than four hours, a person [F20 who he has reasonable grounds to suspect is committing, has committed or is] about to commit any offence.

(2) A person effecting 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 effecting 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 or other place—

(a) where that person is, or

[F21 (b) if there are reasonable grounds for suspecting that that person is a terrorist or has committed an offence involving the use or possession of an explosive substance or firearm, where there are reasonable grounds for suspecting him to be.]

Textual Amendments

F20 Words substituted by Northern Ireland (Emergency Provisions) Act 1987 (c. 30, SIF 39:1), s. 25(1), Sch. 1 para. 2(a)

F21 S. 14(3)(b) substituted by Northern Ireland (Emergency Provisions) Act 1987 (c. 30, SIF 39:1), s. 25(1), Sch. 1 para. 2(b)

15 Power to search for munitions and radio transmitters. N.I.

(1) Any member of Her Majesty’s forces on duty or any constable may enter any premises or other place other than a dwelling-house for the purpose of ascertaining—

(a) whether there are any munitions unlawfully at that place; or

(b) whether there is a transmitter at that place;

and may search the place for any munitions or transmitter with a view to exercising the powers conferred by subsection (4) below.

(2) Any member of Her Majesty’s forces on duty authorised by a commissioned officer of those forces or any constable authorised by an officer of the Royal Ulster Constabulary not below the rank of chief inspector may enter any dwelling-house in which [F22 there are reasonable grounds for suspecting] that there are unlawfully any munitions or that there is a transmitter and may search it for any munitions or transmitter with a view to exercising the said powers.

(3) Any member of Her Majesty’s forces on duty or any constable may—

(a) stop any person in any public place and, with a view to exercising the said powers, search him for the purpose of ascertaining whether he has any munitions unlawfully with him or any transmitter with him; and

(b) with a view to exercising the said powers, search any person not in a public place [F23 who he has reasonable grounds to suspect has] any munitions unlawfully with him or any transmitter with him.

[F24 (4) Where a member of her Majesty’s forces or a constable is empowered by virtue of any provision of this Act to search any premises or other place or any person—

(a) he may seize any munitions found in the course of the search (unless it appears to him that the munitions are being, have been and will be used only lawfully) and may retain and, if necessary, distroy them; and

(b) he may seize any transmitter found in the course of the search (unless it appears to him that the transmitter has been, is being and is likely to be used only lawfully) and may retain it.]

[F25 (4A) The preceding provisions of this section shall have effect in relation to scanning receivers as they have effect in relation to transmitters.]

(5) In this section—

• “munitions” means—

(a) explosives, explosive substances, firearms and ammunition; and

(b) anything used or capable of being used in the manufacture of any explosive, explosive substance, firearm or ammunition;

• [F26 “scanning receiver”means—

(a) any apparatus for wireless telegraphy designed or adapted for the purpose of automatically monitoring selected frequencies, or automatically scanning a selected range of frequencies, so as to enable transmissions on any of those frequencies to be detected or intercepted; or

(b) part of any such apparatus;]

• “transmitter” means any apparatus for wireless telegraphy designed or adapted for emission, as opposed to reception, [F27 or] part of any such apparatus;

• “wireless telegraphy” has the same meaning as in section 19(1) of the M16 Wireless Telegraphy Act 1949.

Textual Amendments

F22 Words substituted by Northern Ireland (Emergency Provisions) Act 1987 (c. 30, SIF 39:1), s. 25(1), Sch. 1 para. 3(a)

F23 Words substituted by Northern Ireland (Emergency Provisions) Act 1987 (c. 30, SIF 39:1), s. 25(1), Sch. 1 para. 3(b)

F24 S. 15(4) substituted by Northern Ireland (Emergency Provisions) Act 1987 (c. 30, SIF 39:1), s. 25(1), Sch. 1 para. 3(c)

F25 S. 15(4A) inserted by Northern Ireland (Emergency Provisions) Act 1987 (c. 30, SIF 39:1), s. 7(2)

F26 Definition inserted by Northern Ireland (Emergency Provisions) Act 1987 (c. 30, SIF 39:1), s. 7(3)

F27 Word substituted by Northern Ireland (Emergency Provisions) Act 1987 (c. 30, SIF 39:2), s. 25(1), Sch. 1 para. 3(d)

Marginal Citations

M16 1949 c. 54.

16 Powers of explosives inspectors. N.I.

(1) An inspector appointed under section 53 of the M17 Explosives Act 1875 may, for the purpose of ascertaining whether there is unlawfully in any premises or other place other than a dwelling-house any explosive or explosive substance, enter that place and search it with a view to exercising the powers conferred by subsection (3) below.

(2) Any such inspector may stop any person in a public place and search him for the purpose of ascertaining whether he has any explosive or explosive substance unlawfully with him with a view to exercising the said powers.

(3) Any such inspector may seize any explosive or explosive substance 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 may retain and, if necessary, destroy it.

Marginal Citations

M17 1875 c. 17.

17 Entry to search for persons unlawfully detained. N.I.

(1) Where any person is believed to be unlawfully detained in such circumstances that his life is in danger, any member of Her Majesty’s forces on duty or any constable may, subject to subsection (2) below, enter any premises or other place for the purpose of ascertaining whether that person is so detained there.

(2) A dwelling-house may be entered in pursuance of subsection (1) above—

(a) by a member of Her Majesty’s forces, only when authorised to do so by a commissioned officer of those forces; and

(b) by a constable, only when authorised to do so by an officer of the Royal Ulster Constabulary not below the rank of chief inspector.

18 Power to stop and question. N.I.

(1) Any member of Her Majesty’s forces on duty or any constable may stop and question any person for the purpose of ascertaining—

(a) that person’s identity and movements;

(b) what he knows concerning any recent explosion or any other [F28 recent] incident endangering life or concerning any person killed or injured in any such explosion or incident; or

(c) any one or more of the matters referred to in paragraphs (a) and (b) above.

(2) Any person who—

(a) fails to stop when required to do so under this section, or

(b) refuses to answer, or fails to answer to the best of his knowledge and ability, any question addressed to him under this section,

shall be liable on summary conviction to [F29 a fine not exceeding level 5 on the standard scale.]

Textual Amendments

F28 Word inserted by Northern Ireland (Emergency Provisions) Act 1987 (c. 30, SIF 39:1), s. 25(1), Sch. 1 para. 4(a)

F29 Words substituted by Northern Ireland (Emergency Provisions) Act 1987 (c. 30, SIF 39:1), s. 25(1), Sch. 1 para. 4(b)

19 General powers of entry and interference with rights of property and with highways. N.I.

(1) Any member of Her Majesty’s forces on duty or any constable may enter any premises or other place—

(a) if he considers it necessary to do so in the course of operations for the preservation of the peace or the maintenance of order; or

(b) if authorised to do so by or on behalf of the Secretary of State.

(2) Any member of Her Majesty’s forces on duty, any constable or any person specifically authorised to do so by or on behalf of the Secretary of State may, if authorised to do so by or on behalf of the Secretary of State—

(a) take possession of any land or other property;

(b) take steps to place buildings or other structures in a state of defence;

(c) detain any property or cause it to be destroyed or moved;

(d) do any other act interfering with any public right or with any private rights of property, including carrying out any works on any land of which possesion has been taken under this subsection.

(3) Any member of Her Majesty’s forces on duty, any constable or any person specifically authorised to do so by or on behalf of the Secretary of State may, so far as he considers it immediately necessary for the preservation of the peace or the maintenance of order—

(a) wholly or partly close a highway or divert or otherwise interfere with a highway or the use of a highway; or

(b) prohibit or restrict the exercise of any right of way or the use of any waterway.

(4) Any person who, without lawful authority or reasonable excuse (the proof of which lies on him), interferes with works executed, or any apparatus, equipment or any other thing used, in or in connection with the exercise of powers conferred by this section, shall be liable on summary conviction to imprisonment for a term not exceeding six months or to a fine not exceeding [F30 level 5 on the standard scale], or both.

(5) Any authorisation to exercise any powers under any provision of this section may authorise the exercise of all those powers, or powers of any class or a particular power specified, either by all persons by whom they are capable of being exercised or by persons of any class or a particular person specified.

Textual Amendments

F30 Words substituted by virtue of S.I. 1984/703 (N.I. 3), arts. 5, 6

[F31 19A Power of the secretary of State to direct the closure, etc. of roads. N.I.

(1) The Secretary of State may by order direct—

(a) that any highway specified in the order shall either be wholly closed or be closed to such extent, or diverted in such manner, as may be so specified;

(b) that any highway specified in the order, being a highway which has already been wholly or partly closed, or diverted, in the excercise or purported excercise of any power conferred by or under a relevant enactment, shall continue to be so closed or diverted by virtue of the order.

(2) Any person who, without lawful authority or reasonable excuse (the proof of which lies on him), interferes with—

(a) works executed in connection with the closure or diversion of any highway specified in an order under this section (whether executed in pursuance of any such order or in pursuance of the exercise or purported exercise of any such power as is mentioned in subsection (1)(b) above), or

(b) apparatus, equipment or any other thing used in pursuance of any such order in connection with the closure or diversion of any such highway,

shall be liable on summary conviction to imprisonment for a term not exceeding six months or to a fine not exceeding level 5 on the standard scale, or both.

(3) In this section “relevant enactment” means section 19(2) or (3) above, section 17(2) or (3) of the M18 Northern Ireland (Emergency Provisions) Act 1973, or the M19 Civil Authorities (Special Powers) Act (Northern Ireland) 1922.

(4) Nothing in this section shall prejudice the operation of section 19(2) or (3) above.]

Textual Amendments

F31 S. 19A inserted by Northern Ireland (Emergency Provisions) Act 1987 (c. 30, SIF 39:1), s. 8

Marginal Citations

M18 1973 C. 53(39:1).

M19 1922 c. 5(N.I)

20 Supplementary provisions. N.I.

(1) Any power conferred by this Part of this Act—

(a) to enter any premises or other place includes power to enter any vessel, aircraft or vehicle;

(b) to search any premises or other place includes power to stop and search any vehicle or vessel or any aircraft which is not airborne and search any container;

and in this Part of this Act references to any premises or place shall be construed accordingly.

(2) In this Part of this Act references to a dwelling-house include references to a vessel or vehicle which is habitually stationary and used as a dwelling.

(3) Any power conferred by this Part of this Act to enter any place, vessel, aircraft or vehicle shall be exercisable, if need be, by force.

(4) Any power conferred by virtue of this section to search a vehicle or vessel shall, in the case of a vehicle or vessel which cannot be conveniently or thoroughly searched at the place where it is, include power to take it or cause it to be taken to any place for the purpose of carrying out the search.

(5) Any power conferred by virtue of this section to search any vessel, aircraft, vehicle or container includes power to examine it.

(6) Any power conferred by this Part of this Act to stop any person includes power to stop a vessel or vehicle or an aircraft which is not airborne.

(7) Any person who, when required by virtue of this section to stop a vessel or vehicle or any aircraft which is not airborne, fails to do so shall be liable on summary conviction to imprisonment to a term not exceeding six months or to a fine not exceeding [F32 level 5 on the standard scale], or both.

(8) A member of Her Majesty’s forces exercising any power conferred by this Part of this Act when he is not in uniform shall, if so requested by any person at or about the time of exercising that power, produce to that person documentary evidence that he is such a member.

(9) The M20 Documentary Evidence Act 1868 shall apply to any authorisation given in writing under this Part of this Act by or on behalf of the Secretary of State as it applies to any order made by him.

Textual Amendments

F32 Words substituted by virtue of S.I. 1984/703 (N.I. 3), arts. 5, 6

Marginal Citations

M20 1868 c. 37.

Part III N.I. Offences Against Public Security and Public Order

21 Proscribed organisations. N.I.

(1) Subject to subsection (7) below, any person who—

(a) belongs or professes to belong to a proscribed organisation; or

(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) solicits or invites any person to become a member of a proscribed organisation or to carry out on behalf of a proscribed organisation orders or directions given, or requests made, by a member of that organisation, [F33 or

(d) 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—

(i) is to support a proscibed organisation;

(ii) is to further the activities of such an organisation; or

(iii) is to be addressed by a person belonging or professing to belong to such an organisation,]

shall be liable on summary conviction to imprisonment for a term not exceeding [F34 level 5 on the standard scale], or both, and on conviction on indictment to imprisonment for a term not exceeding ten years or to a fine, or both.

(2) The court by or before which a person is convicted of an offence under this section may order the forfeiture of any money or other property which at the time of the offence he had in his possession or under his control for the use or benefit of the proscribed organisation.

(3) The organisations specified in Schedule 2 to this Act are proscribed organisations for the purposes of this section; 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.

(4) The Secretary of State may by order add to Schedule 2 to this Act any organisation that appears to him to be concerned in terrorism or in promoting or encouraging it.

(5) The Secretary of State may also by order remove an organisation from Schedule 2 to this Act.

(6) The possession by a person of a document—

(a) addressed to him as a member of a proscribed organisation; or

(b) relating or purporting to relate to the affairs of a proscribed organisation; or

(c) emanating or purporting to emanate from a proscribed organisation or officer of a proscribed organisation,

shall be evidence of that person belonging to the organisation at the time when he had the document in his possession.

(7) A person belonging to a proscribed organisation shall—

(a) if the organisation is a proscribed organisation by virtue of an order under subsection (4) above; or

(b) if this section has ceased to be in force but has been subsequently brought into force by an order under section 33(3) below

not be guilty of an offence under this section by reason of belonging to the organisation if he has not after the coming into force of the order under subsection (4) above or the coming into force again of this section, as the case may be, taken part in any activities of the organisation.

(8) Subsection (7) above shall apply in relation to a person belonging to the Red Hand Commando, the Ulster Freedom Fighters or the Ulster Volunteer Force as if the organisation were proscribed by virtue of an order under subsection (4) above with the substitution, in subsection (7), for the reference to the coming into force of such an order of a reference—

(a) as respects a person belonging to the Red Hand Commando or the Ulster Freedom Fighters, to 12th November 1973;

(b) as respects a person belonging to the Ulster Volunteer Force, to 4th October 1975.

Textual Amendments

F33 S. 21(1)(d) and word “or” immmediately preceding it inserted by Northern Ireland (Emergency Provisions) Act 1987 (c. 30, SIF 39:1), s. 9

F34 Words substituted by Virtue of S.I. 1984/703 (N.I. 3), arts. 5, 6

22 Unlawful collection, etc. of information. N.I.

(1) No person shall, without lawful authority or reasonable excuse (the proof of which lies on him)—

(a) collect, record, publish, communicate or attempt to elicit any information with respect to any person to whom this paragraph applies which is of such a nature as is likely to be useful to terrorists;

(b) collect or record any information which is of such a nature as is likely to be useful to terrorists in planning or carrying out any act of violence; or

(c) have in his possession any record of or document containing any such information as is mentioned in paragraph (a) or (b) above.

(2) Subsection (1)(a) above applies to any of the following persons, that is to say—

(a) any constable or member of Her Majesty’s forces;

(b) any person holding judicial office;

(c) any officer of any court; . . . F35

(d) any person employed for the whole of his time in the prison service in Northern Ireland [F36 ; and

(e) any person who has at any time been a person falling within any of the preceding paragraphs.]

(3) In subsection (1) above any reference to recording information includes a reference to recording it by means of photography or by any other means.

(4) If any person contravenes this section, he shall be liable—

(a) on summary conviction, to imprisonment for a term not exceeding six months or to a fine not exceeding £400, or both;

(b) on conviction on indictment, to imprisonment for a term not exceeding ten years or a fine, or both.

(5) The court by or before which a person is convicted of an offence under this section may order the forfeiture of any record or document mentioned in subsection (1) above which is found in his possession.

(6) Without prejudice to [F37 section 18 of the M21 Interpretation Act 1978] (offences under two or more laws), nothing in this section shall derogate from the operation of the Official Secrets Acts 1911 and 1920.

Textual Amendments

F35 Word repealed by Northern Ireland (Emergency Provisions) Act 1987 (c. 30, SIF 39:1), ss. 10(a), 25(2), Sch. 2 Pt. I

F36 S.22(2)(e) and word “and” immediately preceding it added by Northern Ireland (Emergency Provisions) Act 1987 (c. 30, SIF 39:1), s. 10(b)

F37 Words substituted by virtue of Interpretation Act 1978 (c. 30, SIF 115:1), ss. 17(2)(a), 25(2)

Marginal Citations

M21 1978 c. 30(115:1).

23 Training in making or use of firearms, explosives or explosive substances. N.I.

(1) Subject to subsection (2) below, any person who instructs or trains another or receives instruction or training in the making or use of firearms, explosives or explosive substances shall be liable—

(a) on summary conviction, to imprisonment for a term not exceeding six months or to a fine not exceeding £400, or both;

(b) on conviction on indictment, to imprisonment for a term not exceeding ten years or to a fine, or both.

(2) In any prosecution for an offence under this section it shall be a defence for the person charged to prove that the instruction or training was given or received with lawful authority or for industrial, agricultural or sporting purposes only or otherwise with good reason.

(3) The court by or before which a person is convicted of an offence under this section may order the forfeiture of any thing which appears to the court to have been in his possession for purposes connected with the offence.

(4) Without prejudice to [F38 section 18 of the M22 Interpretation Act 1978] (offences under two or more laws), nothing in this section shall derogate from the operation of the M23 Unlawful Drilling Act 1819.

Textual Amendments

F38 Words substituted by virtue of Interpretation Act 1978 (c. 30, SIF 115:1), ss. 17(2)(a), 25(2)

Marginal Citations

M22 1978 c. 30(115:1).

M23 1819 c. 1.

24 Failure to disperse when required to do so. N.I.

(1) Where any commissioned officer of Her Majesty’s forces or any officer of the Royal Ulster Constabulary not below the rank of chief inspector is of opinion that any assembly of three or more persons—

(a) may lead to a breach of the peace or public disorder; or

(b) may make undue demands on the police or Her Majesty’s forces,

he, or any member of those forces on duty or any constable, may order the persons constituting the assembly to disperse forthwith.

(2) Where an order is given under this section with respect to an assembly, any person who thereafter joins or remains in the assembly or otherwise fails to comply with the order shall be liable on summary conviction to imprisonment for a term not exceeding six months or to a fine not exceeding [F39 level 5 on the standard scale] or both.

Textual Amendments

F39 Words substituted by virtue of S.I. 1984/703 (N.I. 3), arts. 5, 6

[F40 25 Display of support in public for a proscribed organisation. N.I.

Any person who in a public place—

(a) wears any item of dress; or

(b) wears, carries or displays any article,

in such a way or in such circumstances as to arouse reasonable apprehension that he is a member or supporter of a proscribed organisation, shall be liable—

(i) on a summary conviction, to imprisonment for a term not exceeding six months or to a fine not exceeding the statutory maximum, or both;

(ii) on conviction on indictment to imprisonment for a term not exceeding one year or to a fine, or both.]

Textual Amendments

F40 S. 25 substituted by Northern Ireland (Emergency Provisions) Act 1987 (c. 30, SIF 39:1), s. 11(1)

26 Wearing of hoods, etc. in public places. N.I.

Any person who, without lawful authority or reasonable excuse (the proof of which lies on him), wears in a public place or in the curtilage of a dwelling-house (other than one in which he is residing) any hood, mask or other article whatsoever made, adapted or used for concealing the identity or features shall be liable on summary conviction to imprisonment for a term not exceeding six months or to [F41 a fine not exceeding the statutory maximum, or both, and on conviction on indictment to imprisonment for a term not exceeding one year or to a fine, or both.]

Textual Amendments

F41 Words substituted by Northern Ireland (Emergency Provisions ) Act 1987 (c. 30, SIF 39:1), s. 11(2)(4)

Part IV N.I. Miscellaneous and General

27 Supplementary regulations for preserving the peace, etc. N.I.

(1) The Secretary of State may by regulations make provision additional to the foregoing provisions of this Act for promoting the preservation of the peace and the maintenance of order.

(2) Any person contravening or failing to comply with the provisions of any regulations under this section or any instrument or directions under any such regulations shall be liable on summary conviction to imprisonment for a term not exceeding six months or to a fine not exceeding [F42 level 5 on the standard scale], or both.

(3) The regulations contained in Schedule 3 to this Act shall be deemed to have been made under this section and to have been approved in draft by each House of Parliament, and may be varied or revoked accordingly.

Textual Amendments

F42 Words substituted by virtue of S. I. 1984/703 (N.I. 3), arts. 5, 6

[F43 X1 28 Compensation. N.I.

(1) Where under this Act any real or personal property is taken, occupied, destroyed or damaged, or any other act is done interfering with private rights of property, compensation shall, subject to the provisions of this section, be payable by the Secretary of State.

(2) Any question as to compensation under this section shall, in default of agreement, be referred for determination to the county court or an arbitrator to be appointed by that court.

(3) The procedure for determining any question referred under subsection (2) above shall be that prescribed by rules made by the Lord Chief Justice of Northern Ireland after consultation with the Secretary of State.

(4) Nothing in this section shall be construed as giving to any person by whom an offence has been committed any right to compensation in respect of property taken, occupied, destroyed or damaged or in respect of any other act done in connection with the offence.]

Editorial Information

X1 Ss. 28, 28A substituted (prosp.) for s. 28 (containing (1) - (4)) by Northern Ireland (Emergency Provisions) Act 1987 (c. 30, SIF 39:1), ss. 12(1)(2), 26(1)(2)

Textual Amendments

F43 Ss. 28, 28A substituted (prosp.) for s. 28 (containing (1) - (4)) by Northern Ireland (Emergency Provisions) Act 1987 (c. 30, SIF 39:1), ss. 12(1)(2), 26(1)(2)

Prospective

[F44 28 Compensation. N.I.

(1) Where under this Act any real or personal property is taken, occupied, destroyed or damaged, or any other act is done interfering with private rights of property, compensation shall, subject to the provisions of this section, be payable by the Secretary of State to any person who—

(a) has an estate or interest in that property or (as the case may be) is entitled to those rights of property, and

(b) suffers loss or damage as a result of the act.

(2) No compensation shall be payable under this section in respect of any act falling within subsection (1) above unless an application for such compensation is made to the Secretary of State, in such manner as he may specify, within—

(a) the period of four months beginning with the relevant date, or

(b) such longer period beginning with that date and not exceeding 12 months as—

(i) the Secretary of State on a request being made to him in writing, or

(ii) the county court on an appeal under subsection (4) below,

may in a particular case allow.

(3) In subsection (2) above “the relevant date”, in relation to any such act as is there mentioned, means—

(a) where the act was done before the date of the coming into force of section 12 of the Northern Ireland (Emergency Provisions) Act 1987, that date, and

(b) in any other case, the date when the act was done.

(4) Where the Secretary of State refuses any request made to him for the purposes of subsection (2)(b) above, he shall serve a notice of his refusal on the person who made the request, and that person may, within the period of six weeks beginning with the date of service of the notice, appeal to the county court against that refusal.

(5) Where the Secretary of State has determined any application for compensation made in accordance with subsection (2) above, he shall serve on the applicant either—

(a) a notice stating that he has decided to award the applicant compensation in pursuance of his application and specifying the amount of the award, or

(b) a notice stating that he has decided to refuse the application;

and the applicant may within the period of six weeks beginning with the date of service of the notice appeal to the county court against the decision of the Secretary of State to pay the amount of compensation specified in the notice or (as the case may be) to refuse the application (and unless he so appeals within that period that decision shall become in all respects final and binding).

(6) Any notice served under subsection (4) or (5) above shall contain particulars of the right to make an appeal under that subsection and, in the case of a notice served under subsection (5), of the consequences of a failure to exercise that right.

(7) Where—

(a) a person having a right to compensation under this section has made an application in accordance with subsection (2) above, and

(b) by virtue of any assignment or operation of law that right has passed to any other person,

that other person (or, if he is subject to any legal disability, the person appearing to the Secretary of State to be entitled to act on his behalf) may be treated by the Secretary of State as the applicant for the purposes of any provision of this section.

(8) Where—

(a) a person has a right to compensation in respect of any act falling within subsection (1) above, and

(b) the act was done in connection with, or revealed evidence of the commission of—

(i) a scheduled offence, or

(ii) an offence under this Act (other than a scheduled offence), and

(c) proceedings for that offence are brought against that person,

his right to such compensation shall not be enforceable at any time when any such proceedings have not been concluded, or if he is convicted of the offence.]

Textual Amendments

F44 Ss. 28, 28A substituted (prosp.) for s. 28 (containing (1) - (4)) by Northern Ireland (Emergency Provisions) Act 1987 (c. 30, SIF 39:1), ss. 12(1)(2), 26(1)(2)

Modifications etc. (not altering text)

C5 S. 28(5)–(7) amended (prosp.) by Northern Ireland (Emergency Provisions) Act 1987 (c. 30, SIF 39:1), ss. 12(2)(3), 26(1)(2)

Prospective

28A (1) The Lord Chief Justice of Northern Ireland after consultation with the Secretary of State may make rules as to—

(a) the bringing of appeals under subsection (4) or (5) of section 28 above;

(b) the hearing and determination of such appeals; and

(c) any incidental or ancilliary matters, including the awarding of costs in connection with such appeals;

and any such rules shall be statutory rules for the purposes of the M24 Statutory Rules (Northern Ireland) Order 1979.

(2) Any notice required by section 28 above to be served on any person by the Secretary of State may—

(a) if that person is an individual, be served on him—

(i) by delivering it to him, or

(ii) by sending it by post addressed to him at his usual or last-known place of residence or business, or

(iii) by leaving it for him there;

(b) if that person is a partnership, be served on the partneship—

(i) by sending it by post to a partner, or to a person having the control or management of the partnership business, at the principal office of the partnership, or

(ii) by addressing it to a partner or any such person and leaving it at that office;

(c) if that person is a body corporate, be served on the body—

(i) by sending it by post to the secretary or clerk of the body at its registered or principal office, or

(ii) by addressing it to the secretary or clerk of the body and leaving it at that office; or

(d) in any case, be served on that person’s solicitor, or by sending it by post to him at his office, or by leaving it for him there.

Marginal Citations

M24 1979/ 1573(N.I. 12).

29 Restriction of prosecutions. N.I.

(1) A prosecution shall not be instituted in respect of any offence under this Act except by or with the consent of the Director of Public Prosecutions for Northern Ireland.

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F45

Textual Amendments

F45 S. 29(2) repealed by 1980/704 (N.I. 6), art. 13, Sch. 2

30 The scheduled offences. N.I.

(1) In this Act “scheduled offence” means an offence specified in Part I or Part III of Schedule 4 to this Act, subject, however, to any relevant note contained in the said Part I.

(2) Part II of that Schedule shall have effect with respect to offences related to those specified in Part I of that Schedule.

(3) The Secretary of State may by order amend Parts I and II of that Schedule (whether by adding an offence to, or removing an offence from, either of those Parts, or otherwise).

31 Interpretation. N.I.

(1) In this Act, except so far as the context otherwise requires—

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F46

• “dwelling-house” means any building or part of a building used as a dwelling;

• “enactment” includes an enactment of the Parliament of Northern Ireland and a Measure of the Northern Ireland Assembly;

• “explosive” means any article or substance manufactured for the purpose of producing a practical effect by explosion;

• “explosive substance” means any substance for the time being specified in regulations made under section 3 of the M25 Explosives Act (Northern Ireland) 1970;

• “firearm” includes an air gun or air pistol;

• “proscribed organisation” means an organisation for the time being specified in Schedule 2 to this Act, including an organisation which is to be treated as a proscribed organisation by virtue of section 21(3) above;

• “public place” means a place to which for the time being members of the public have or are permitted to have access, whether on payment or otherwise;

• “scheduled offence” has the meaning ascribed to it by section 30 above;

• “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;

• “terrorist” means a person who is or has been concerned in the commission or attempted commission of any act of terrorism or in directing, organising or training persons for the purpose of terrorism;

• “vehicle” includes a hovercraft.

(2) Any reference in this Act, except so far as the context otherwise requires, to an enactment shall be construed as a reference to that enactment as amended, applied or extended by or under any other enactment, including this Act.

(3) It is hereby declared that in applying [F47 section 17(2)(a) of the M26 Interpretation Act 1978] (effect of repeal and re-enactment) for the construction of references in this Act to other Acts or enactments, account is to be taken of repeal and re-enactment by a Measure of the Northern Ireland Assembly or an Order in Council.

Textual Amendments

F46 Definition of “constable” repealed by Northern Ireland (Emergency Provisions) Act 1987 (c. 30, SIF 39:1), s. 25(1)(2), Sch. 1 para. 5, Sch.2 Pt. I

F47 Words substituted by virtue of Interpretation Act 1978 (c. 30, SIF 115:1), ss. 17(2)(a), 25(2)

Marginal Citations

M25 1970 c. 10 (N.I.)

M26 1978 c. 30(115:1.)

32 Orders and regulations. N.I.

(1) Any power to make orders or regulations conferred by [F48 section 19A above and] Schedules 1 and 3 to this Act) shall be exercisable by statutory instrument.

(2) Any power to make an order under any provision of this Act shall include power to vary or revoke any order under that provision.

(3) [F49 Subject to subsection (5) below, no order or regulations under this Act] shall be made unless—

(a) a draft of the order or regulations has been approved by resolution of each House of Parliament; or

(b) it is declared in the order or regulations that it appears to the Secretary of State that by reason of urgency it is necessary to make the order or regulations without a draft having been so approved.

(4) [F50 Subject to subsection (5) below, orders and regulations under this Act shall, if not so approved in draft,] be laid before Parliament after being made and, if at the end of the period of 40 days (computed in accordance with section 7(1) of the M27 Statutory Instruments Act 1946) after the day on which the Secretary of State made an order or regulations a resolution has not been passed by each House approving the order or regulations in question, the order or regulations shall then cease to have effect (but without prejudice to anything previously done or to the making of a new order or new regulations).

[F51 (5) subsections (3) and (4) above do not apply to—

(a) any order under section 19A above or under Schedule 1 or 3 to this Act; or

(b) any regulations under section 5A above;

but a statutory instrument containing any such regulations shall be subject to annulment in pursuance of a resolution of either House of Parliament.]

Textual Amendments

F48 Words inserted by Northern Ireland (Emergency Provisions) Act 1987 (c. 30, SIF 39:1), s. 25(1), Sch. 1 para. 6(a)

F49 Words substituted by Northern Ireland (Emergency Provisions) Act 1987 (c. 30, SIF 39:1), s. 25(1), Sch. 1 para. 6(b)

F50 Words substituted by Northern Ireland (Emergency Provisions) Act 1987 (c. 30 SIF 39:1), s. 25(1), Sch. 1 para. 6(c)

F51 S. 32(5) added by Northern Ireland (Emergency Provisions) Act 1987 (c. 30, SIF 39:1), s. 25(1), Sch. 1 para. 6(d)

Marginal Citations

M27 1946 c. 36.

33 Commencement, duration, expiry and revival of provisions of this Act. N.I.

(1) This Act (except section 32 above and this section) shall come into operation on 1st June 1978.

(2) The provisions of this Act, except sections 5 and 28 to 36, Part III of Schedule 4 and Schedules 5 and 6 to this Act and, so far as they relate to offences which are scheduled offences by virtue of the said Part III, sections 2, 6 and 7 above, shall expire with [F52 21st March 1988] unless continued in force by an order under this section.

(3) The Secretary of State may by order provide—

(a) that all or any of the said provisions 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 [F53 twelve] 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 [F53 twelve] months from the coming into operation of the order.

(4) The coming into force of any provision of sections 6 to 9 above (otherwise than on the commencement of this Act) shall not affect any trial on indictment where the indictment has been presented, or any summary trial which has started, before the coming into force of that provision, and any such trial shall be conducted as if the provision had not come into force.

(5) Where before the coming into force of subsection (1) of section 6 above (otherwise than on the commencement of this Act), 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 that subsection, he [F54 shall, if he was committed to the Crown Court sitting elsewhere than in Belfast, be treated as having been committed to the Crown Court sitting in Belfast][F55 or (where the Lord Chancellor gives a direction under that subsection with respect to the trial) to the Crown Court sitting at the place specified in the direction.]

(6) The expiry or cesser of any provision mentioned in subsection (4) above shall not affect the application of that provision to any trial on indictment where the indictment has been presented, or any summary trial which has started, before the expiry or cesser.

[F56 (7) It is hereby declared that the expiry or cesser of any provision of section 6 above shall not effect—

(a) any committal of a person for trial in accordance with that provision to the Crown Court sitting either in Belfast or elsewhere, or

(b) any 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.]

(8) On the expiry or cesser of any provision of this Act, [F57 section 16(1) of the M28 Interpretation Act 1978] (effect of repeals) shall apply as if the provision had been repealed by another Act and, in the case of section 27 above, any regulations made thereunder had been enactments.

[F58 (9) This Act shall, by virtue of this subsection, be repealed as from the end of the period of five years beginning with the date of the passing of the M29 Northern Ireland (Emergency Provisions) Act 1987.]

Textual Amendments

F52 Words substituted by Northern Ireland (Emergency Provisions) Act 1987 (c. 30, SIF 39:1), s. 13(2)(5)

F53 Word substituted by Northern Ireland (Emergency Provisions) Act 1987 (c. 30, SIF 39:1), s. 13(3)

F54 Words substituted by Judicature (Northern Ireland) Act 1897 (c. 23, SIF 38), s. 122(1), Sch. 5 Pt. II(1)

F55 Words added by Northern Ireland (Emergency Provisions) Act 1987 (c. 30, SIF 39:1), s. 25(1), Sch. 1 para. 7(a)

F56 S. 33(7) substituted by Northern Ireland (Emergency Provisions) Act 1987 (c. 30, SIF 39:1), s. 25(1), Sch. 1 para. 7(b)

F57 Words substituted by virtue of Interpretation Act 1978 (c. 30, SIF 115:1), ss. 17(2)(a), 25(2)

F58 S. 33(9) added by Northern Ireland (Emergency Provisions) Act 1987 (c. 30, SIF 39:1), s. 13(4)

Marginal Citations

M28 1978 c. 30(115:1).

M29 1987 c. 30(39:1).

34 (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F59

(2) In paragraph 8 of Schedule 3 to the M30 Prevention of Terrorism (Temporary Provisions) Act 1976 for “1973” substitute “1978”.

(3) In section 4(1) of the M31 Criminal Jurisdiction Act 1975 for “said Act” substitute “Northern Ireland (Emergency provisions) Act 1973”.

Textual Amendments

F59 S. 34(1) repealed by Judicature (Northern Ireland) Act 1978 (c. 23, SIF 38), s. 122(2), Sch. 7 Pt. I

Modifications etc. (not altering text)

C6 The text of s. 34 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and, except as specified, does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Marginal Citations

M30 1976 c. 8.

M31 1975 c. 59.

35 Transitional provisions, savings and repeals. N.I.

(1) Neither any rule of law nor any enactment other than this Act nor anything contained in a commission issued for the trial of any person shall be construed as limiting or otherwise affecting the operation of any provision of this Act for the time being in force, but—

(a) subject to the foregoing, any power conferred by this Act shall not derogate from Her Majesty’s prerogative or any powers exercisable apart from this Act by virtue of any rule of law or enactment; and

(b) subject to the foregoing and to section 33(6) above, a provision of this Act shall not affect the operation of any rule of law or enactment at a time when the provision is not in force.

(2) The transitional provisions and savings contained in Schedule 5 to this Act shall have effect.

(3) Subject to Schedule 5, the enactments specified in Schedule 6 to this Act are hereby repealed to the extent specified in column 3 of that Schedule.

Modifications etc. (not altering text)

C7 The text of s. 35(3) and Schedule 6 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

36 Short title and extent. N.I.

(1) This Act may be cited as the Northern Ireland (Emergency Provisions) Act 1978.

(2) This Act extends to Northern Ireland only.

SCHEDULES

Section 12.

SCHEDULE 1 N.I. Detention of Terrorists

Modifications etc. (not altering text)

C8 Sch. 1 expired with 24.7.1980 by virtue of s. 33(2) and S.I. 1979/1683: Northern Ireland (Emergency Provisions) Act 1987 (c. 30, SIF 39:2), s.13(5)

Advisers N.I.

1 The Secretary of State shall for the purposes of this Act appoint such number of Advisers as he may determine to advise him on matters concerning the detention and release of terrorists.

2 An Adviser shall be a person who holds or has held judicial office in any part of the United Kingdom or is a barrister, advocate or solicitor, in each case of not less than ten years’ standing in any part of the United Kingdom.

3 (1) An Adviser shall hold and vacate his office in accordance with the terms of his appointment and shall, on ceasing to hold office, be eligible for reappointment.

(2) An Adviser may at any time by notice in writing to the Secretary of State resign his office.

(3) The Secretary of State may pay to the Advisers such remuneration and allowances as he may determine.

Interim Custody Orders N.I.

4 (1) Where it appears to the Secretary of State that there are grounds for suspecting that a person has been concerned—

(a) in the commission or attempted commission of any act of terrorism; or

(b) in directing, organising or training persons for the purpose of terrorism,

the Secretary of State may make an interim custody order for the temporary detention of that person.

(2) An interim custody order shall be signed by the Secretary of State or a Minister of State or Under Secretary of State.

5 (1) The Secretary of State may, at any time before the expiration of the period of fourteen days following the date of an interim custody order, refer the case to an Adviser and, unless the case is so referred, the order shall cease to have effect at the expiration of that period.

(2) A reference to an Adviser under this paragraph shall be by notice in writing signed on behalf of the Secretary of State and a copy of the notice shall be sent to the person detained.

Reference to an Adviser N.I.

6 (1) As soon as possible after a case is referred to an Adviser under paragraph 5 above, the person detained shall be served with a statement in writing as to the nature of the terrorist activities of which he is suspected.

(2) A person detained may, within seven days following the date on which he receives any such statement as is mentioned in sub-paragraph (1) above, send to the Secretary of State—

(a) written representations concerning his case; and

(b) a written request that he be seen personally by an Adviser;

and the Secretary of State shall send a copy of such representations or request to the Adviser concerned.

(3) The Secretary of State may pay any reasonable costs or expenses incurred by a person detained in obtaining legal advice or legal assistance in connection with the preparation of any representations he may make concerning his case.

7 (1) Where the case of a person detained under an interim custody order is referred to an Adviser, he shall consider it and report to the Secretary of State whether or not in his opinion—

(a) the person detained has been concerned in terrorist activities; and

(b) the detention of that person is necessary for the protection of the public.

(2) In considering any case referred to him an Adviser shall have regard to any information (whether oral or in writing) which is made available to, or obtained by, him and to any representations (whether oral or in writing) made by the person detained.

(3) No person shall be present during the consideration by an Adviser of the case of any person referred to him, except—

(a) any person who for the time being is being seen by the Adviser;

(b) any assistant to the Adviser; and

(c) any person who is present in the interests of security.

(4) The Secretary of State may, at the request of an Adviser, pay any reasonable expenses incurred by any person in connection with a reference to the Adviser.

Detention Orders N.I.

8 (1) After receiving a report made by an Adviser under paragraph 7(1) above, the Secretary of State shall consider the case of the person to whom it relates and, if he is satisfied—

(a) that that person has been concerned in the commission or attempted commission of any act of terrorism, or in directing, organising or training persons for the purpose of terrorism; and

(b) that the detention of that person is necessary for the protection of the public,

the Secretary of State may make a detention order for the detention of that person.

(2) If, on considering any case under sub-paragraph (1) above, the Secretary of State is not satisfied as mentioned in that sub-paragraph, he shall direct the release of the person concerned.

(3) Subject to sub-paragraphs (4) and (5) below, where—

(a) a person is detained under an interim custody order; and

(b) a detention order is not made in respect of that person within the period of seven weeks following the date of the interim custody order,

the interim custody order shall cease to have effect.

(4) The Secretary of State may, where a person is required to be detained under an interim custody order, give a direction in writing extending the period of seven weeks mentioned in sub-paragraph (3) above (or that period as extended under this sub-paragraph) for a further period of one week if it is stated in the direction that the report of the Adviser in relation to that person’s case has not been received before the sixth day immediately preceding the day on which the interim custody order would, but for the direction, cease to have effect.

(5) Not more than three directions under sub-paragraph (4) above shall be given in respect of any one interim custody order.

(6) A detention order shall be signed by the Secretary of State, and a direction under sub-paragraph (4) above shall be signed by the Secretary of State or a Minister of State or Under Secretary of State.

Supplemental N.I.

9 (1) The Secretary of State may at any time refer the case of a person detained under a detention order to an Adviser and if so requested in writing in accordance with sub-paragraph (2) below by a person so detained, shall do so within fourteen days beginning with the receipt of the request.

(2) A person detained under a detention order shall not be entitled to make a request for the purposes of sub-paragraph (1) above—

(a) before the expiration of the period of one year beginning with the date of the detention order; or

(b) within a period of six months from the date of the last notification under sub-paragraph (5) below.

(3) On any reference under this paragraph, an Adviser shall consider the case and report to the Secretary of State whether or not the person’s continued detention is necessary for the protection of the public.

(4) Paragraphs 6(3) and 7(2) to (4) above shall apply for the purposes of a reference under this paragraph as they apply for the purposes of a reference under paragraph 5 above.

(5) Where a case is referred to an Adviser in consequence of a request made in accordance with this paragraph, the Secretary of State shall, after receiving the report of the Adviser, reconsider the case of the person to whom it relates and, if he decides not to release that person, shall notify him of his decision.

(6) A notification under sub-paragraph (5) above shall be by notice in writing and signed by the Secretary of State.

10 (1) The Secretary of State may, as respects a person detained under an interim custody order—

(a) direct his discharge unconditionally; or

(b) direct his release (whether or not subject to conditions) for a specified period.

(2) The Secretary of State may, as respects a person detained under a detention order,—

(a) direct his discharge unconditionally; or

(b) direct his release subject to conditions or for a specified period, or both.

(3) The Secretary of State may recall to detention a person released under sub-paragraph (1)(b) or (2)(b) above and a person so recalled may be detained under the original interim custody or detention order, as the case may be.

(4) Where a person is released under sub-paragraph (1)(b) above, any period during which he is not in detention shall be left out of account for the purposes of paragraphs 5(1), 6(2) and 8(3) above.

11 (1) A person required to be detained under an interim custody order or a detention order may be detained in a prison or in some other place approved for the purposes of this paragraph by the Secretary of State.

(2) A person for the time being having custody of a person required to be detained as aforesaid shall have all the powers, authorities, protection and privileges of a constable.

(3) Subject to any directions of the Secretary of State, a person required to be detained as aforesaid shall be treated as nearly as may be as if he were a prisoner detained in a prison on remand and any power of temporary removal for judicial, medical or other purposes shall apply accordingly.

(4) A person required to be detained as aforesaid who is unlawfully at large may be arrested without warrant by any constable or any member of Her Majesty’s forces on duty.

12 Where a person required to be detained under an interim custody order is unlawfully at large, the interim custody order shall not cease to have effect under paragraph 5 or 8 above while he remains at large; and, upon his being taken again into custody, those paragraphs shall have effect as if the date of the interim custody order were that of his being taken again into custody.

13 Any person who—

(a) being detained under an interim custody order or detention order, escapes;

(b) rescues any person detained as aforesaid, or assists a person so detained in escaping or attempting to escape;

(c) fails to return to detention at the expiration of a period for which he was released under paragraph 10(1)(b) or (2)(b) above; or

(d) knowingly harbours any person required to be detained under an interim custody order or detention order, or gives him any assistance with intent to prevent, hinder or interfere with his being taken into custody,

shall be liable on conviction on indictment to imprisonment for a term not exceeding five years or to a fine, or to both.

14 (1) Any document purporting to be an order, notice or direction made or given by the Secretary of State for the purposes of this Schedule and to be signed in accordance with this Schedule shall be received in evidence and shall, until the contrary is proved, be deemed to be duly made or given and signed.

(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 duly made and signed.

15 The Secretary of State may make such payments to persons released or about to be released from detention under this Schedule as he may, with the consent of the Treasury, determine.

Section 21.

SCHEDULE 2 N.I. Proscribed Organisations

The Irish Republican Army.

Cumann na mBan.

Fianna na hEireann.

The Red Hand Commando.

Saor Eire.

The Ulster Freedom Fighters.

The Ulster Volunteer Force.

[F60 The Irish National Liberation Army.]

Textual Amendments

F60 Words added by S.I. 1979/746, art.2

Section 27.

SCHEDULE 3 N.I. The Northern Ireland (Emergency Provisions) Regulations 1978

Title N.I.

1 These regulations may be cited as the Northern Ireland (Emergency Provisions) Regulations 1978.

Road traffic N.I.

2 The Secretary of State may by order prohibit, restrict or regulate in any area the use of vehicles or any class of vehicles on highways or the use by vehicles or any class of vehicles of roads or classes of roads specified in the order, either generally or in such circumstances as may be so specified.

Railways N.I.

3 The Secretary of State, or any officer of the Royal Ulster Constabulary not below the rank of assistant chief constable, may direct any person having the management of a railway to secure that any train specified in the direction or trains of any class so specified shall stop, or shall not stop, at a station or other place so specified.

Funerals N.I.

4 Where it appears to an officer of the Royal Ulster Constabulary not below the rank of chief inspector that a funeral may—

(a) occasion a breach of the peace or serious public disorder, or

(b) cause undue demands to be made on Her Majesty’s forces or the police,

he may give directions imposing on the persons organising or taking part in the funeral such conditions as appear to him to be necessary for the preservation of public order including (without prejudice to the generality of the foregoing) conditions—

(i) prescribing the route to be taken by the funeral;

(ii) prohibiting the funeral from entering any place specified in the directions;

(iii) requiring persons taking part in the funeral to travel in vehicles.

Closing of licensed premises, clubs, etc. N.I.

5 The Secretary of State may by order require that premises licensed under the [F61 Registration of Clubs Act (Northern Ireland) 1967 M32 ][F61 Registration of Clubs (Northern Ireland) Order 1987 M33 ] or any place of entertainment or public resort—

(a) shall be closed and remain closed, either for an indefinite period or for a period, or until an event, specified in the order, or

(b) shall be closed at a particular time either on all days or on any day so specified.

Textual Amendments

F61 Words “Registration of Clubs (Northern Ireland) Order 1987” substituted (prosp.) for words “Registration of Clubs Act (Northern Ireland) 1967” by S.I. 1987/1278 (N.I.), arts. 1(2), 47(2), Sch. 4 para. 1

Marginal Citations

M32 1967 c. 3 (N.I.).

M33 1987/1278 (N.I.14)

Section 30.

SCHEDULE 4 N.I. The Scheduled Offences

Part I N.I. Substantive Offences

Common law offences N.I.

1 Murder, subject to note 1 below.

2 Manslaughter, subject to note 1 below.

3 The common law offence of riot.

4 Kidnapping [F62 , subject to note 1 below].

Textual Amendments

F62 Words added by S.I 1986/75, art. 2(a)

5 False imprisonment [F63 , subject to note 1 below].

Textual Amendments

F63 Words added by S.I 1986/75, art. 2(a)

6 Assault occasioning actual bodily harm, subject to note 1 below.

M34 Malicious Damage Act 1861 N.I.

Marginal Citations

M34 1861 c. 97.

7 Offences under section 35 of the Malicious Damage Act 1861 (interference with railway) [F64 , subject to note 2 below].

Textual Amendments

F64 Words added by S.I. 1986/75, art.2(b)

Offences against the M35 Person Act 1861 N.I.

Marginal Citations

M35 1861 c. 100.

8 Offences under the following provisions of the Offences against the Person Act 1861, subject as mentioned below,—

(a) section 4 (conspiracy, etc. to murder) subject to note 2 below;

(b) section 16 (threats to kill) subject to note 2 below;

(c) section 18 (wounding with intent to cause grievous bodily harm) subject to note 2 below;

(d) section 20 (causing grievous bodily harm) subject to note 2 below;

(e) section 28 (causing grievous bodily harm by explosives);

(f) section 29 (causing explosion or sending explosive substance or throwing corrosive liquid with intent to cause grievous bodily harm);

(g) section 30 (placing explosive near building or ship with intent to do bodily injury).

M36 Explosive Substances Act 1883 N.I.

Marginal Citations

M36 1883 c. 3.

9 Offences under the following provisions of the Explosives Substances Act 1883—

(a) section 2 (causing explosion likely to endanger life or damage property);

(b) section 3 (attempting to cause any such explosion, and making or possessing explosive with intent to endanger life or cause serious damage to property);

(c) section 4 (making or possessing explosives in suspicious circumstances).

M37 Prison Act (Northern Ireland) 1953 N.I.

Marginal Citations

M37 1953 c. 18 (N.I.)

10 Offences under the following provisions of the Prison Act (Northern Ireland) 1953, subject to note 2 below,—

(a) section 25 (being unlawfully at large while under sentence);

(b) section 26 (escaping from lawful custody and failing to surrender to bail);

(c) section 27 (attempting to break prison);

(d) section 28 (breaking prison by force or violence);

(e) section 29 (rescuing or assisting or permitting to escape from lawful custody persons under sentence of death or life imprisonment);

(f) section 30 (rescuing or assisting or permitting to escape from lawful custody persons other than persons under sentence of death or life imprisonment);

(g) section 32 (causing discharge of prisoner under pretended authority);

(h) section 33 (assisting prisoners to escape by conveying things into prisons).

M38 Firearms Act (Northern Ireland) 1969 N.I.

Marginal Citations

M38 1969 c. 12 (N.I.)

F65 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . N.I.

11

Textual Amendments

F65 Sch. 4 para. 11 repealed by S. I. 1981/155 (N.I. 2), art. 61(1), Sch. 4 paras. 4, 5

M39 Theft Act (Northern Ireland) 1969 N.I.

Marginal Citations

M39 1969 c. 16 (N.I.)

12 Offences under the following provisions of the Theft Act (Northern Ireland) 1969, subject to [F66 note 4][F66 notes 4 and 5] below—

(a) section 8 (robbery);

(b) section 10 (aggravated burglary).

[F67 (c) section 1 (theft);

(d) section 9 (burglary);

(e) section 15 (obtaining property by deception);

(f) section 20 (blackmail)][F68 , subject to note 2 below.]

Textual Amendments

F66 Words “notes 4 and 5” substituted (prosp.) for words “note 4” by Nuclear Material (Offences) Act 1983 (c. 18, SIF 8), ss. 4(3)(a), 8(2)

F67 Sch. 4 para. 12(c)–(f) added (prosp.) by Nuclear Material (Offences) Act 1983 (c. 18, SIF 8), ss. 4(3)(a), 8(2)

F68 Words added by Northern Ireland (Emergency Provisions) Act 1987 (c. 30, SIF 39:1), s. 25(1), Sch. 1 para. 8(2)

Protection of the M40 Person and Property Act (Northern Ireland) 1969 N.I.

Marginal Citations

M40 1969 c. 29 (N.I.)

13 Offences under the following provisions of the Protection of the Person and Property Act (Northern Ireland) 1969—

(a) section 1 (intimidation) [F69 , subject to note 2 below];

(b) section 2 (making or possessing petrol bomb, etc. in suspicious circumstances);

(c) section 3 (throwing or using petrol bomb, etc.).

Textual Amendments

F69 Words added by S.I. 1986/75, art. 2(b)

Hijacking N.I.

14 Offences under section 1 of [F70 the M41 Aviation Security Act 1982] (aircraft).

Textual Amendments

F70 Words substituted by Aviation Security Act 1982 (c. 36, SIF 9), s. 40, Sch. 2 para. 6

Marginal Citations

M41 1982 c. 36(9).

15 Offences in Northern Ireland under section 2 of the M42 Criminal Jurisdiction Act 1975 (vehicles and ships).

Marginal Citations

M42 1975 c. 59.

[F71 Prevention of Terrorism (Temporary Provisions) Act 1984 M43 ] N.I.

Textual Amendments

F71 Words “Prevention of Terrorism (Temporary Provisions) Act 1984” substituted (temp: S.I. 1987/233 arts. 2, 3) for words “Prevention of Terrorism (Temporary Provisions) Act 1976” by Prevention of Terrorism (Temporary Provisions) Act 1984 (c. 8, SIF 39:2), s. 14, Sch. 3 para. 8

Marginal Citations

M43 1984 c. 8(39:2)

16 Offences under the following provisions of the [F72 Prevention of Terrorism (Temporary Provisions) Act 1984]—

(a) section 9 (breach of exclusion orders);

(b) section 10 (contributions towards acts of terrorism);

(c) section 11 (information about acts of terrorism).

Textual Amendments

F72 Words “Prevention of Terrorism (Temporary Provisions) Act 1984” substituted (temp: S.I. 1987/233 arts. 2, 3) for words “Prevention of Terrorism (Temporary Provisions) Act 1976” by Prevention of Terrorism (Temporary Provisions) Act 1984 (c. 8, SIF 39:2), s. 14, Sch. 3 para. 8

M44 Criminal Damage (Northern Ireland) Order 1977 N.I.

Marginal Citations

M44 S.I. 1977/426 (N.I. 4)

17 Offences under the following provisions of the Criminal Damage (Northern Ireland) Order 1977, subject to note 2 below—

(a) Article 3(1) and (3) or Article 3(2) and (3) (arson);

(b) Article 3(2) (destroying or damaging property with intent to endanger life);

(c) Article 4 (threats to destroy or damage property);

(d) Article 5 (possessing anything with intent to destroy or damage property).

M45 Criminal Law (Amendment) (Northern Ireland) Order 1977 N.I.

Marginal Citations

M45 S.I. 1977/1249 (N.I. 16)

18 Offences under Article 3 of the Criminal Law (Amendment) (Northern Ireland) Order 1977 (bomb hoaxes), subject to note 2 below.

This Act N.I.

19 Offences under the following provisions of this Act—

(a) section 21;

(b) section 22;

(c) section 23;

[F73 (ca) section 25;

(cb) section 26;]

(d) paragraph 13 of Schedule 1.

Textual Amendments

F73 Sch. 4 para. 19(ca)(cb) inserted by Northern Ireland (Emergency Provisions) Act 1987 (c. 30, SIF 30), s. 11(3)(4)

[F74 The Firearms (Northern Ireland) Order 1981 M46 ] N.I.

Textual Amendments

F74 Sch. 4 para. 19A inserted by S.I. 1981/155, art. 61(1), Sch. 4 para. 4(a)

Marginal Citations

M46 1981 (N.I. 2).

19A Offences under the following provisions of the Firearms (Northen Ireland) Order 1981—

(a) Article 3(1) (possessing, purchasing or aquiring firearm or ammunition without certificate) [F75 , subject to note 2 below];

(b) Article 4(1), (2), (3) or (4) (manufacturing, dealing in, repairing etc., firearm or ammunition without being registered) [F75 subject to note 2 below];

(c) Article 5 (shortening barrel of shot gun or converting imitation firearm into firearm) [F75 subject to note 2 below];

(d) Article 6(1) (manufacturing, dealing in or possessing machine gun, or weapon discharging, or ammunition containing, noxious substance) [F75 subject to note 2 below];

(e) Article 17 (possessing firearm or ammunition with intent to endanger life or cause serious damage to property);

(f) Article 18 (use or attempted of firearm or imitation firearm to prevent arrest of self or another etc.);

(g) Article 19 (carrying firearm or imitation firearm with intent to commit indictable offence or prevent arrest of self or another);

(h) Article 20(1) (carrying firearm, etc., in public place) [F76 subject to notes 2 and 3 below];

(i) Article 22 (possession of firearm or ammunition by person who has been sentenced to imprisonment, etc., and sale of firearm or ammunition to such a person) [F77 subject to note 2 below];

(j) Article 23 (possessing firearm or ammunition in suspicious circumstances).

Textual Amendments

F75 Words added by S.I. 1986/75, art. 2(b)

F76 Words added by S.I. 1986/75, art. 2(c)

F77 Words added by S.I. 1986/75, art. 2(c)

[F78 Taking of Hostages Act 1982 M47 ] N.I.

Textual Amendments

F78 Sch. 4 para. 19A inserted after Sch.4 para. 19 by Taking of Hostages Act 1982 (c. 28, SIF 39:2), s. 2(3)

Marginal Citations

M47 1982 c. 28(39:2).

F79 19A [F79 19B.] Offences under the Taking of Hostages Act 1982.

Textual Amendments

F79 Sch. 4 para. 19A (as inserted by the taking of Hostages Act 1982 (c. 28, SIF 39:2), s. 2(3)) renumbered 19B (prosp.) by Nuclear Material (Offences) Act 1983 (c. 18, SIF 8), ss. 4(3)(b), 8(2)

[F80 Nuclear Material (Offences) Act 1983] N.I.

Textual Amendments

F80 Sch. 4 para. 19C inserted (prosp.) by Nuclear Material (Offences) Act 1983 (c. 18, SIF 8), ss. 4(3)(b), 8(2)

19C Offences under section 2 of the M48 Nuclear Material (Offences Act 1983 (offences involving nuclear material: preparatory acts and threats).

Marginal Citations

M48 1983 c. 30(8)

[F81 Northern Ireland (Emergency Provisions) Act 1987 M49 ] N.I.

Textual Amendments

F81 Sch. 4 para. 19D inserted by Northern Ireland (Emergency Provisions) Act 1987 (c. 30, SIF 39:2), s. 17(5)

Marginal Citations

M49 1987 c. 30(39:1)

19D Offences under section 17 of the Northern Ireland (Emergency Provisions) Act (provision of security services without a certificate).

NOTES N.I.

1 Murder, manslaughter [F82 kidnapping, false imprisonment] or an assault occasioning actual bodily harm is not a scheduled offence in any particular case in which the Attorney General for Northern Ireland certifies that it is not to be treated as a scheduled offence.

Textual Amendments

F82 Words inserted by S.I. 1986/75, art. 2(d)

[F83 2 An offence under—

(a) section 35 of the M50 Malicious Damage Act 1861; or

(b) section 4, 16, 18, or 20 of the M51 Offences Against the Person Act 1861; or

(c) section 25, 26, 27, 28, 29, 30, 32 or 33 of the M52 Prison Act (Northern Ireland) 1953; or

[F84 (cc) section 20 of the M53 Theft Act (Northern Ireland) 1969 (subject to note 5 below); or]

(d) section 1 of the M54 Protection of the Person and Property Act (Northern Ireland) 1969; or

(e) Article 3, 4 or 5 of the M55 Criminal Damage (Northern Ireland) Order 1977; or

(f) Article 3 of the M56 Criminal Law (Amendment) (Northern Ireland) Order 1977; or

(g) Article 3, 4, 5, 6, 20 or 22 of the M57 Firearms (Northern Ireland) Order 1981,

is not a scheduled offence in any particular case in which the Attorney General for Northern Ireland certifies that it is not to be treated as a scheduled offence.]

Textual Amendments

F83 Note 2 substituted by S.I. 1986/75, art. 2(e)

F84 Para. (cc) inserted by Northern Ireland (Emergency Provisions) Act 1987 (c. 30, SIF 39:1), s. 25(1), Sch. 1 para. 8(3)

Marginal Citations

M50 1861 c. 97(39:2)

M51 1861 c. 100(39:4)

M52 1953 c. 18 (N.I.)

M53 1969 c. 16 (N.I.)

M54 1969 c. 29 (N.I.)

M55 1977/426 (N.I.)

M56 1977/1249 (N.I.)

M57 1981 (N.I. 2).

3 An offence under [F85 Article 20(1) of the M58 Firearms (Northern Ireland Order) 1981] is a scheduled offence only where it is charged that the offence relates to a weapon other than an air weapon.

Textual Amendments

F85 Words substituted by S.I. 1981/155 (N.I.2), art. 61(1), Sch. 4 para. 4(b)

Marginal Citations

M58 1981 (N.I.2).

[F86 X2 4 Robbery and aggravated burglary are scheduled offences only where it is charged that an explosive, firearm, imitation firearm or weapon of offence was used to commit the offence; and expressions defined in section 10 of the M59 Theft Act (Northern Ireland) 1969 have the same meaning when used in this note.]

Editorial Information

X2 Notes 4, 5 substituted (prosp.) for Note 4 by Nuclear Materials (Offences) Act 1983 (c. 18, SIF 8), ss. 4(3)(c), 8(2)

Textual Amendments

F86 Notes 4, 5 substituted (prosp.) for Note 4 by Nuclear Materials (Offences) Act 1983 (c. 18, SIF 8), ss. 4(3)(c), 8(2)

Marginal Citations

M59 1969 c. 16 (N.I.).

Prospective

[F87 4 Robbery and aggravated burglary are scheduled offences only where it is charged—

(a) that an explosive, firearm, imitation firearm or weapon of offence was used to commit the offence; or

(b) that the offence was committed in relation to or by means of nuclear material within the meaning of the M60 Nuclear Material (Offences) Act 1983;

and expressions defined in section 10 of the Theft Act (Northern Ireland) 1969 have the same meaning when used in this note.]

Textual Amendments

F87 Notes 4, 5 substituted (prosp.) for Note 4 by Nuclear Materials (Offences) Act 1983 (c. 18, SIF 8), ss. 4(3)(c), 8(2)

Marginal Citations

M60 1983 c. 18(8)

Prospective

5 An offence under section 1, 9, [F88 or 15] of the Theft Act (Northern Ireland) 1969 is a scheduled offence only where it is charged that the offence was committed in relation to or by means of nuclear material within the meaning of the Nuclear Materials (Offences) Act 1983[F89 ; and the Attorney General for Northern Ireland shall not certify that an offence under section 20 of the said Act of 1969 is not to be treated as a scheduled offence in a case where it is charged that the offence was so committed.]

Textual Amendments

F88 Words substituted by Northern Ireland (Emergency Provisions) Act 1987 (c. 30, SIF 39:2), s. 25(1), Sch. 1 para. 8(4)(a)

F89 Words added by Northern Ireland (Emergency Provisions) Act 1987 (c. 30, SIF 39:2), s. 25(1), Sch. 1 para. 8(4)(b)

Part II N.I. Inchoate and Related Offences

20 Each of the following offences, that is to say—

(a) aiding, abetting, counselling, procuring or inciting the commission of an offence specified in Part I of this Schedule (hereafter in this paragraph referred to as a “substantive offence”);

(b) attempting or conspiring to commit a substantive offence;

(c) an offence under section 4 of the M61 Criminal Law Act (Northern Ireland) 1967 of doing any act with intent to impede the arrest or prosecution of a person who has committed a substantive offence;

(d) an offence under section 5(1) of the M62 Criminal Law Act (Northern Ireland) 1967 of failing to give information to a constable which is likely to secure, or to be of material assistance in securing, the apprehension, prosecution or conviction of a person for a substantive offence,

shall be treated for the purposes of this Act as if it were the substantive offence.

Marginal Citations

M61 1967 c. 18 (N.I.).

M62 1967 c.18 (N.I.).

Part III N.I. Extra-Territorial Offences

21 Any extra-territorial offence as defined in section 1 of the M63 Criminal Jurisdiction Act 1975.

Marginal Citations

M63 1975 c. 59.

Section 35(2).

SCHEDULE 5 N.I. Transitional Provisions and Savings

1 (1) Subject to sub-paragraph (4) below, any instrument made, any direction or authorisation given or any other thing done under any enactment repealed by this Act or any order, rules or regulations made under any such enactment shall, so far as it could have been made, given or done under any provision of this Act have effect as if it had been made, given or done under that provision.

(2) The Northern Ireland (Emergency Provisions) Regulations 1973 (set out in Schedule 3 to the M64 Northern Ireland (Emergency Provisions) Act 1973) are an enactment repealed by this Act and, accordingly, the reference in sub-paragraph (1) above to anything done under an enactment repealed by this Act includes a reference to anything done under those Regulations.

(3) In sub-paragraph (1) above, references (however expressed) to things done under an enactment repealed by this Act shall be construed, in relation to the Northern Ireland (Emergency Provisions) Act 1973, as including references to things which, by virtue of section 31(5) of that Act, fell to be treated as if done under that Act.

(4) Sub-paragraph (1) above shall not be construed as saving the provisions specified in Part II of Schedule 6 to this Act.

Marginal Citations

M64 1973 c. 53.

2 Any enactment, instrument or document referring to any enactment repealed by this Act shall, so far as may be necessary for preserving its effect, be construed as referring, or as including a reference, to the corresponding provision of this Act.

3 Nothing in this Act shall affect the enactments repealed by Parts I and II of Schedule 6 to this Act in their operation in relation to offences committed before the commencement of this Act.

F90 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . N.I.

4

Textual Amendments

F90 Sch. 5 para. 4 repealed by 1981/228 (N.I. 8), art. 42(1), Sch. 4 Pt. I

5 (1) Paragraph 14 of Schedule 1 to this Act shall have effect in relation to a document purporting to be an order, notice or direction made or given by the Secretary of State for the purposes of Schedule 1 to the Northern Ireland (Emergency Provisions) Act 1973 or Part I of Schedule 1 to the 1975 Act and to be signed in accordance with the said Schedule or Part as it has effect in relation to a document referred to in that paragraph.

(2) In this paragraph “the 1975 Act” means the M65 Northern Ireland (Emergency Provisions) (Amendment) Act 1975.

Marginal Citations

M65 1975 c. 62.

6 Nothing in the foregoing paragraphs shall be construed as affecting the operation of [F91 sections 16(1), 17(2)(a) of the M66 Interpretation Act 1978] (effect of repeals).

Textual Amendments

F91 Words substituted by virtue of Interpretation Act 1978 (c. 30, SIF 115:1), ss. 17(2)(a), 25(2)

Marginal Citations

M66 1978 c. 30(115:1)

Section 35(3).

SCHEDULE 6 N.I. Enactments Repealed

Modifications etc. (not altering text)

C9 The text of s. 35(3) and Schedule 6 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Part I N.I. Acts, Etc.

Chapter or Number	Short Title	Extent of Repeal
1973 c. 53.	The Northern Ireland (Emergency Provisions) Act 1973.	Sections 2 to 4 and 6 to 8.
		Sections 10 to 18.
		Sections 19(1) to (7).
		Sections 20 and 21.
		Sections 23 to 27.
		In section 28(1), the definitions, except that of “enactment”.
		Section 29.
		In section 30, subsections (1) to (3), in subsections (4) and (5), the words “whether” and “or subsequently” and subsections (6) and (7).
		In section 31, subsections (2), (3) and (5) and in subsection (7), the words “for the time being in force”, paragraph (b) and the word “and” preceding it.
		Schedules 2 to 5.
1974 c. 33.	The Northern Ireland (Young Persons) Act 1974.	The whole Act.
1975 c. 59.	The Criminal Jurisdiction Act 1975.	In section 4(1), the words from the beginning to “and”.
		In Schedule 2, paragraphs 1, 2(1) and 3.
1975 c. 62.	The Northern Ireland (Emergency Provisions) (Amendment) Act 1975.	Sections 2 to 5.
		Section 6(1) and (2)(a).
		Section 8.
		Section 9(1) and (3).
		Sections 10 to 13.
		In section 14, the words from the beginning to “and accordingly”.
		Sections 15 to 19.
		Sections 15 to 19.
		Sections 21 and 22.
		Section 23(2).
		In Schedule 1, Part I.
		Schedules 2 and 3.
1976 c. 8.	The Prevention of Terrorism (Temporary Provisions) Act 1976.	In Schedule 3, in paragraph 8, the words from “and accordingly” onwards.
S.I. 1977 No. 426 (N.I. 4).	The Criminal Damage (Northern Ireland) Order 1977.	Article 13(5).
1977 c. 34.	The Northern Ireland (Emergency Provisions) (Amendment) Act 1977.	The whole Act.

Part II N.I. Orders

Number	Short Title	Extent of repeal
S.I. 1973 No. 1880.	The Northern Ireland (Emergency Provisions) Act Proscribed Organisations (Amendment) Order 1973.	The whole Order.
S.I. 1974 No. 864.	The Northern Ireland (Emergency Provisions) Act 1973 (Amendment) Order 1974.	In Article 3, the words from the beginning to “of the Act)”.
S.I. 1974 No. 1212.	The Northern Ireland (Emergency Provisions) Act 1973 (Continuance) Order 1974.	The whole Order.
S.I. 1974 No. 2162.	The Northern Ireland (Various Emergency Provisions) (Continuance) Order 1974.	The whole Order.
S.I. 1975 No. 1059.	The Northern Ireland (Various Emergency Provisions) (Continuance) Order 1975.	The whole Order.
S.I. 1975 No. 1609.	The Northern Ireland (Emergency Provisions) Act 1973 (Amendment) Order 1975.	The whole Order.
S.I. 1975 No. 2214.	The Northern Ireland (Various Emergency Provisions) (Continuance) (No. 2) Order 1975.	The whole Order.
S.I. 1976 No. 1090.	The Northern Ireland (Various Emergency Provisions) (Continuance) Order 1976.	The whole Order.
S.I. 1976 No. 2238.	The Northern Ireland (Various Emergency Provisions) (Continuance) (No. 2) Order 1976.	The whole Order.
S.I. 1977 No. 1171.	The Northern Ireland (Various Emergency Provisions) (Continuance) Order 1977.	The whole Order.
S.I. 1977 No. 1265.	The Northern Ireland (Emergency Provisions) Act 1973 (Amendment) Order 1977.	The whole Order.
S.I. 1977 No. 2142.	The Northern Ireland (Various Emergency Provisions) (Continuance) (No. 2) Order 1977.	The whole Order.