- Y Diweddaraf sydd Ar Gael (Diwygiedig)
- Pwynt Penodol mewn Amser (01/02/1991)
- Gwreiddiol (Fel y'i Deddfwyd)
Version Superseded: 27/08/1991
Point in time view as at 01/02/1991.
There are currently no known outstanding effects for the Northern Ireland (Emergency Provisions) Act 1987 (repealed 27.8.1991), Part II.
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
(1)A person who is detained under the terrorism provisions and is being held in police custody shall be entitled, if he so requests, to have one friend or relative or other person who is known to him or is likely to take an interest in his welfare told that he is being detained under those provisions and where he is being held in police custody.
(2)A person shall be informed of the right conferred on him by subsection (1) as soon as practicable after he has become a person to whom that subsection applies.
(3)A request made by a person under subsection (1), and the time at which it is made, shall be recorded in writing.
(4)If a person makes such a request, it must be complied with as soon as is practicable except to the extent that any delay is permitted by this section.
(5)Any delay in complying with such a request is only permitted if—
(a)it is authorised by an officer of at least the rank of superintendent; and
(b)it does not extend beyond the end of the period referred to in subsection (6).
(6)That period is—
(a)(except where paragraph (b) applies) the period of 48 hours beginning with the time when the detained person was first detained under the terrorism provisions.
(b)where the detained person was, prior to the time when he was first so detained, being examined in accordance with any order under section 13 of the M1Prevention of Terrorism (Temporary Provisions) Act 1984, the period of 48 hours beginning with the time when he was first so examined.
(7)An officer may give an authorisation under sunsection (5) orally or in writing but, if he gives it orally, he shall confirm it in writing as soon as is practicable.
(8)An officer may only authorise a delay in complying with a request under subsection (1) where he has reasonable grounds for believing that telling the person named in the request of the detention of the detained person—
(a)will lead to interference with or harm to evidence connected with a scheduled offence or interference with or physical injury to any person; or
(b)will lead to the alerting of any person suspected of having committed such an offence but not yet arrested for it; or
(c)will hinder the recovery of any property obtained as a result of such an offence; or
(d)will lead to interference with the gathering of information about the commission, preparation or instigation of acts of terrorism; or
(e)by alerting any person will make it more difficult—
(i)to prevent an act of terrorism; or
(ii)to secure the apprehension, prosecution or conviction of any person in connection with the commission, preparation or instigation of an act of terrorism.
(9)If any delay is authorised, then, as soon as is practicable—
(a)the detained person shall be told the reason for authorising it; and
(b)the reason shall be recorded in writing.
(10)Any authorisation under subsection (5) shall cease to have effect once the reason for giving it ceases to subsist.
(11)The right conferred by subsection (1) may be exercised by a person to whom that subsection applies on each occasion when he is transferred from one place to another; and this section applies to each subsequent occassion on which that right is so exercised as it applies to the first such occasion.
(12)Subsection (11) shall not be construed as prejudicing the operation of a request by a person to whom subsection (1) applies which was made, but not complied with, before he was transferred.
(1)A person who is detained under the terrorism provisions and is being held in police custody shall be entitled, if he so requests, to consult a solicitor privately.
(2)A person shall be informed of the right conferred on him by subsection (1) as soon as practicable after he has become a person to whom that subsection applies.
(3)A request made by a person under subsection (1), and the time at which it is made, shall be recorded in writing unless it is made by him while at a court after being charged with an offence.
(4)If a person makes such a request, he must be permitted to consult a solicitor as soon as is practicable except to the extent that any delay is permitted by this section.
(5)Any delay in complying with a request under subsection (1) is only permitted if—
(a)it is authorised by an officer of at least the rank of superintendent; and
(b)it does not extend beyond the relevant time.
(6)In subsection (5) “the relevant time” means—
(a)where the request is the first request made by the detained person under subsection (1), the end of the period referred to in section 14(6); or
(b)where the request follows an earlier request made by the detained person under that subsection in pursuance of which he has consulted a solicitor, the end of the period of 48 hours beginning with the time when that consultation began.
(7)An officer may give an authorisation under subsection (5) orally or in writing but, if he gives it orally, he shall confirm it in writing as soon as is practicable.
(8)An officer may only authorise a delay in complying with a request under subsection (1) where he has reasonable grounds for believing that the exercise of the right conferred by that subsection at the time when the detained person desires to exercise it—
(a)will lead to interference with or harm to evidence connected with a scheduled offence or interference with or physical injury to any person; or
(b)will lead to the alerting of any person suspected of having committed such an offence but not yet arrested for it; or
(c)will hinder the recovery of any property obtained as a result of such an offence; or
(d)will lead to interference with the gathering of information about the commission, preparation or instigation of acts of terrorism; or
(e)by alerting any person will make it more difficult—
(i)to prevent an act of terrorism; or
(ii)to secure the apprehension, prosecution or conviction of any person in connection with the commission, preparation or instigation of an act of terrorism.
(9)If any delay is authorised, then, as soon as is practicable—
(a)the detained person shall be told the reason for authorising it; and
(b)the reason shall be recorded in writing.
(10)If an officer of at least the rank of Assistant Chief Constable has reasonable grounds for believing that, unless he gives a direction under subsection (11), the exercise by a person of the right conferred ny subsection (1) will have any of the consequences specified in subsection (8), he may give a direction under subsection (11).
(11)A direction under this subsection is a direction that a person desiring to exercise the right conferred by subsection (1) may only consult a solicitor in the sight and hearing of a qualified officer of the uniformed branch of the Royal Ulster Constabulary.
(12)An officer is qualified for the purposes of subsection (11) if—
(a)he is of at least the rank of inspector; and
(b)in the opinion of the officer giving the direction, he has no connection with the case.
(13)Any authorisation under subsection (5) or direction under subsection (11) shall cease to have effect once the reason for giving it ceases to subsist.
(1)In this Part—
“scheduled offence” and “terrorism” have the same meaning as in the 1978 Act; and
“the terrorism provisions” means—
(a)section 12 of the M2Prevention of Terrorism (Emergency Provisions) Act 1984 (powers of arrest and detention); and
(b)any provision conferring a power of detention and contained in an order under section 13 of that Act (control of entry and procedure for removal).
(2)A person is held in police custody for the purposes of this Part if he is detained at a police station or is detained elsewhere in the charge of a constable, except that a person who is at a court after being charged with an offence is not held in police custody for the purposes of section 14.
Y Diweddaraf sydd Ar Gael (diwygiedig):Y fersiwn ddiweddaraf sydd ar gael o’r ddeddfwriaeth yn cynnwys newidiadau a wnaed gan ddeddfwriaeth ddilynol ac wedi eu gweithredu gan ein tîm golygyddol. Gellir gweld y newidiadau nad ydym wedi eu gweithredu i’r testun eto yn yr ardal ‘Newidiadau i Ddeddfwriaeth’.
Gwreiddiol (Fel y’i Deddfwyd neu y’i Gwnaed): Mae'r wreiddiol fersiwn y ddeddfwriaeth fel ag yr oedd pan gafodd ei deddfu neu eu gwneud. Ni wnaed unrhyw newidiadau i’r testun.
Pwynt Penodol mewn Amser: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Rhychwant ddaearyddol: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Dangos Llinell Amser Newidiadau: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Gallwch wneud defnydd o ddogfennau atodol hanfodol a gwybodaeth ar gyfer yr eitem ddeddfwriaeth o’r tab hwn. Yn ddibynnol ar yr eitem ddeddfwriaeth sydd i’w gweld, gallai hyn gynnwys:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Defnyddiwch y ddewislen hon i agor dogfennau hanfodol sy’n cyd-fynd â’r ddeddfwriaeth a gwybodaeth am yr eitem hon o ddeddfwriaeth. Gan ddibynnu ar yr eitem o ddeddfwriaeth sy’n cael ei gweld gall hyn gynnwys:
liciwch ‘Gweld Mwy’ neu ddewis ‘Rhagor o Adnoddau’ am wybodaeth ychwanegol gan gynnwys