Prevention of Terrorism (Temporary Provisions) Act 1989 (repealed)

Part I E+W+S Proscribed Organisations

1 Proscribed organisations. E+W+S

(1) Any organisation for the time being specified in Schedule 1 to this Act is a proscribed organisation for the purposes of this Act; 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.

(2) The Secretary of State may by order made by statutory instrument—

(a) add to Schedule 1 to this Act any organisation that appears to him to be concerned in, or in promoting or encouraging, terrorism occurring in the United Kingdom and connected with the affairs of Northern Ireland;

(b) remove an organisation from that Schedule.

(3) No order shall be made under this section unless—

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

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

(4) An order under this section of which a draft has not been approved under subsection (3) above—

(a) shall be laid before Parliament; and

(b) shall cease to have effect at the end of the period of forty days beginning with the day on which it was made unless, before the end of that period, the order has been approved by a resolution of each House of Parliament, but without prejudice to anything previously done or to the making of a new order.

(5) In reckoning for the purposes of subsection (4) above any period of forty days, no account shall be taken of any period during which Parliament is dissolved or prorogued or during which both Houses are adjourned for more than four days.

(6) In this section “organisation” includes any association or combination of persons.

2 Membership, support and meetings. E+W+S

(1) Subject to subsection (3) below, a person is guilty of an offence if he—

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

(b) solicits or invites support for a proscribed organisation other than support with money or other property; or

(c) 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 is—

(i) to support a proscribed organisation;

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

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

(2) A person guilty of an offence under subsection (1) above is liable—

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

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

(3) A person belonging to a proscribed organisation is not guilty of an offence under this section by reason of belonging to the organisation if he shows—

(a) that he became a member when it was not a proscribed organisation under the current legislation; and

(b) that he has not since he became a member taken part in any of its activities at any time while it was a proscribed organisation under that legislation.

(4) In subsection (3) above “the current legislation”, in relation to any time, means whichever of the following was in force at that time—

(a) the M1 Prevention of Terrorism (Temporary Provisions) Act 1974;

(b) the M2 Prevention of Terrorism (Temporary Provisions) Act 1976;

(c) the M3 Prevention of Terrorism (Temporary Provisions) Act 1984; or

(d) this Act.

(5) The reference in subsection (3) above to a person becoming a member of an organisation is a reference to the only or last occasion on which he became a member.

Modifications etc. (not altering text)

C1 S. 2(1) restricted (28.7.1998) by 1998 c. 35, s. 14(2)(a); S.I. 1998/1858, art. 2

Marginal Citations

M1 1974 c. 56.

M2 1976 c. 8.

M3 1984 c. 8.

[F1 2A Evidence and inferences. E+W+S

(1) This section applies where a person is charged with an offence under section 2(1)(a) above; and references here to a specified organisation must be construed in accordance with section 2B below.

(2) Subsection (3) below applies if a police officer of or above the rank of superintendent states in oral evidence that in his opinion the accused—

(a) belongs to an organisation which is specified, or

(b) belonged at a particular time to an organisation which was then specified.

(3) If this subsection applies—

(a) the statement shall be admissible as evidence of the matter stated, but

(b) the accused shall not be committed for trial in England and Wales, or be found to have a case to answer or be convicted, solely on the basis of the statement.

(4) Subsection (6) below applies if evidence is given that—

(a) at any time before being charged with the offence the accused, on being questioned under caution by a constable, failed to mention a fact which is material to the offence and which he could reasonably be expected to mention, and

(b) before being questioned he was permitted to consult a solicitor.

(5) Subsection (6) below also applies if evidence is given that—

(a) on being charged with the offence or informed by a constable that he might be prosecuted for it the accused failed to mention a fact which is material to the offence and which he could reasonably be expected to mention, and

(b) before being charged or informed he was permitted to consult a solicitor.

(6) If this subsection applies—

(a) the court or jury, in considering any question whether the accused belongs or belonged at a particular time to a specified organisation, may draw from the failure inferences relating to that question, but

(b) the accused shall not be committed for trial in England and Wales, or be found to have a case to answer or be convicted, solely on the basis of the inferences.

(7) Subject to any directions by the court, evidence tending to establish the failure may be given before or after evidence tending to establish the fact which the accused is alleged to have failed to mention.

(8) This section does not—

(a) prejudice the admissibility of evidence admissible apart from this section;

(b) preclude the drawing of inferences which could be drawn apart from this section;

(c) prejudice an enactment providing (in whatever words) that an answer or evidence given by a person in specified circumstances is not admissible in evidence against him or some other person in any proceedings or class of proceedings (however described, and whether civil or criminal).

(9) In subsection (8)(c) above the reference to giving evidence is a reference to giving it in any manner (whether by giving information, making discovery or disclosure, producing documents or otherwise).

(10) In any proceedings in Scotland for an offence under section 2(1)(a) above in which the accused is charged with belonging to a specified organisation, where the court or jury draws an inference as mentioned in subsection (6) above any evidence that he belongs or, as the case may be, belonged to the organisation shall be sufficient evidence of that matter.

(11) In this section “police officer” means a member of—

(a) a police force within the meaning of the M4 Police Act 1996 or the M5 Police (Scotland) Act 1967, or

(b) the Royal Ulster Constabulary.

(12) This section does not apply to a statement made or failure occurring before the day on which the Criminal Justice (Terrorism and Conspiracy) Act 1998 was passed.]

Textual Amendments

F1 Ss. 2A, 2B inserted (4.9.1998) by 1998 c. 40, s. 1(1)

Marginal Citations

M4 1996 c. 16.

M5 1967 c. 77.

[F2 2B Specified organisations. E+W+S

(1) For the purposes of section 2A above an organisation is specified at a particular time if at that time—

(a) it is specified under section 3(8) of the M6 Northern Ireland (Sentences) Act 1998 or under subsection (2) below, and

(b) it is, or forms part of, an organisation which is proscribed for the purposes of this Act.

(2) If the condition in subsection (3) below is satisfied the Secretary of State may by order specify an organisation which is not specified under section 3(8) of the Northern Ireland (Sentences) Act 1998.

(3) The condition is that the Secretary of State believes that the organisation—

(a) is concerned in terrorism connected with the affairs of Northern Ireland, or in promoting or encouraging it, and

(b) has not established or is not maintaining a complete and unequivocal ceasefire.

(4) An order under this section shall be made by statutory instrument; and no order shall be made unless a draft has been laid before, and approved by resolution of, each House of Parliament.]

Textual Amendments

F2 Ss. 2A, 2B inserted (4.9.1998) by 1998 c. 40, s. 1(1)

Marginal Citations

M6 1998 c. 35.

3 Display of support in public. E+W+S

(1) 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, is guilty of an offence and liable on summary conviction to imprisonment for a term not exceeding six months or a fine not exceeding level 5 on the standard scale or both.

(2) In Scotland a constable may arrest without warrant anyone whom he has reasonable grounds to suspect of being a person guilty of an offence under this section.

(3) In this section “public place” includes any highway or, in Scotland, any road within the meaning of the M7 Roads (Scotland) Act 1984 and any premises to which at the material time the public have, or are permitted to have, access, whether on payment or otherwise.

Modifications etc. (not altering text)

C2 S. 3 restricted (28.7.1998) by 1998 c. 35, s. 14(2)(a); S.I. 1998/1858, art. 2

Marginal Citations

M7 1984 c. 54.

Part I E+W+S Proscribed Organisations

1 Proscribed organisations. E+W+S

(1) Any organisation for the time being specified in Schedule 1 to this Act is a proscribed organisation for the purposes of this Act; 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.

(2) The Secretary of State may by order made by statutory instrument—

(a) add to Schedule 1 to this Act any organisation that appears to him to be concerned in, or in promoting or encouraging, terrorism occurring in the United Kingdom and connected with the affairs of Northern Ireland;

(b) remove an organisation from that Schedule.

(3) No order shall be made under this section unless—

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

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

(4) An order under this section of which a draft has not been approved under subsection (3) above—

(a) shall be laid before Parliament; and

(b) shall cease to have effect at the end of the period of forty days beginning with the day on which it was made unless, before the end of that period, the order has been approved by a resolution of each House of Parliament, but without prejudice to anything previously done or to the making of a new order.

(5) In reckoning for the purposes of subsection (4) above any period of forty days, no account shall be taken of any period during which Parliament is dissolved or prorogued or during which both Houses are adjourned for more than four days.

(6) In this section “organisation” includes any association or combination of persons.

2 Membership, support and meetings. E+W+S

(1) Subject to subsection (3) below, a person is guilty of an offence if he—

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

(b) solicits or invites support for a proscribed organisation other than support with money or other property; or

(c) 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 is—

(i) to support a proscribed organisation;

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

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

(2) A person guilty of an offence under subsection (1) above is liable—

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

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

(3) A person belonging to a proscribed organisation is not guilty of an offence under this section by reason of belonging to the organisation if he shows—

(a) that he became a member when it was not a proscribed organisation under the current legislation; and

(b) that he has not since he became a member taken part in any of its activities at any time while it was a proscribed organisation under that legislation.

(4) In subsection (3) above “the current legislation”, in relation to any time, means whichever of the following was in force at that time—

(a) the M1 Prevention of Terrorism (Temporary Provisions) Act 1974;

(b) the M2 Prevention of Terrorism (Temporary Provisions) Act 1976;

(c) the M3 Prevention of Terrorism (Temporary Provisions) Act 1984; or

(d) this Act.

(5) The reference in subsection (3) above to a person becoming a member of an organisation is a reference to the only or last occasion on which he became a member.

Modifications etc. (not altering text)

C1 S. 2(1) restricted (28.7.1998) by 1998 c. 35, s. 14(2)(a); S.I. 1998/1858, art. 2

Marginal Citations

M1 1974 c. 56.

M2 1976 c. 8.

M3 1984 c. 8.

3 Display of support in public. E+W+S

(1) 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, is guilty of an offence and liable on summary conviction to imprisonment for a term not exceeding six months or a fine not exceeding level 5 on the standard scale or both.

(2) In Scotland a constable may arrest without warrant anyone whom he has reasonable grounds to suspect of being a person guilty of an offence under this section.

(3) In this section “public place” includes any highway or, in Scotland, any road within the meaning of the M7 Roads (Scotland) Act 1984 and any premises to which at the material time the public have, or are permitted to have, access, whether on payment or otherwise.

Modifications etc. (not altering text)

C2 S. 3 restricted (28.7.1998) by 1998 c. 35, s. 14(2)(a); S.I. 1998/1858, art. 2

Marginal Citations

M7 1984 c. 54.