Northern Ireland (Emergency Provisions) Act 1996 (repealed)

33 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 or document containing any such information as is mentioned in paragraph (a) or (b).

(2) Subsection (1)(a) 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;

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

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

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

(4) Any person who contravenes this section is guilty of an offence and 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.

(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) which is found in his possession.

[F1 (5A) Before making an order under subsection (5) a court must give an opportunity to be heard to any person, other than the convicted person, who claims to be the owner of or otherwise interested in anything which can be forfeited under that subsection.

F1 (5B) An order under subsection (5) shall not come into force until there is no further possibility of it being varied, or set aside, on appeal (disregarding any power of a court to grant leave to appeal out of time).]

(6) Subsections (1), (2) and (5) of section 13 shall apply where a person is charged with an offence under subsection (1)(c) above as they apply where a person is charged with possessing a proscribed article in such circumstances as are mentioned in section 13.

(7) Without prejudice to section 18 of the M1 Interpretation Act 1978 (offences under two or more laws), nothing in this section shall derogate from the operation of the Official Secrets Acts 1911 to 1989.

Textual Amendments

F1 S. 33(5A)(5B) inserted (20.7.2000) by 2000 c. 11, ss. 2(2), 128, Sch. 1 para. 11

Modifications etc. (not altering text)

C1 S. 33 modified (20.7.2000) (in so far as continued by virtue of Sch. 1 of the modifying Act) by 2000 c. 11, ss. 118(5)(b), 128

Marginal Citations

M1 1978 c. 30.