Terrorism Act 2000

it is listed in Schedule 2, or

it operates under the same name as an organisation listed in that Schedule.

add an organisation to Schedule 2;

remove an organisation from that Schedule;

amend that Schedule in some other way.

commits or participates in acts of terrorism,

prepares for terrorism,

promotes or encourages terrorism, or

is otherwise concerned in terrorism.

the organisation, or

any person affected by the organisation’s proscription.

require the Secretary of State to determine an application within a specified period of time, and

require an application to state the grounds on which it is made.

lay before Parliament, in accordance with section 123(4), the draft of an order under section 3(3)(b) removing the organisation from the list in Schedule 2, or

make an order removing the organisation from the list in Schedule 2 in pursuance of section 123(5).

the Court of Appeal, if the first appeal was heard in England and Wales,

the Court of Session, if the first appeal was heard in Scotland, or

the Court of Appeal in Northern Ireland, if the first appeal was heard in Northern Ireland.

of the Commission, or

where the Commission refuses permission, of the court to which the appeal would be brought.

an appeal under section 5 has been allowed in respect of an organisation,

an order has been made under section 3(3)(b) in respect of the organisation in accordance with an order of the Commission under section 5(4) (and, if the order was made in reliance on section 123(5), a resolution has been passed by each House of Parliament under section 123(5)(b)),

a person has been convicted of an offence in respect of the organisation under any of sections 11 to 13, 15 to 19 and 56, and

the activity to which the charge referred took place on or after the date of the refusal to deproscribe against which the appeal under section 5 was brought.

he may appeal against the conviction to the Court of Appeal, and

the Court of Appeal shall allow the appeal.

must be brought within the period of 28 days beginning with the date on which the order mentioned in subsection (1)(b) comes into force, and

shall be treated as an appeal under section 1 of the M3Criminal Appeal Act 1968 (but does not require leave).

he may appeal against the conviction to the Crown Court, and

the Crown Court shall allow the appeal.

whether or not he pleaded guilty,

whether or not he has already appealed against the conviction, and

whether or not he has made an application in respect of the conviction under section 111 of the M4Magistrates’ Courts Act 1980 (case stated).

must be brought within the period of 21 days beginning with the date on which the order mentioned in subsection (1)(b) comes into force, and

shall be treated as an appeal under section 108(1)(b) of the M5Magistrates’ Courts Act 1980.

for every reference to the Court of Appeal or the Crown Court substitute a reference to the High Court of Justiciary,

in subsection (2)(b), at the end insert “ and quash the conviction ”,

in subsection (6), paragraph (c) is omitted, and

the reference in subsection (4) to section 1 of the M7Criminal Appeal Act 1968 shall be taken as a reference to section 1 of the M8Criminal Appeal (Northern Ireland) Act 1980,

references in subsection (5) to the Crown Court shall be taken as references to the county court,

the reference in subsection (6) to section 111 of the M9Magistrates’ Courts Act 1980 shall be taken as a reference to Article 146 of the M10Magistrates’ Courts (Northern Ireland) Order 1981, and

the reference in subsection (7) to section 108(1)(b) of the M11Magistrates’ Courts Act 1980 shall be taken as a reference to Article 140(1)(b) of the M12Magistrates’ Courts (Northern Ireland) Order 1981.

section 5(4) and (5),

section 6,

section 7, and

paragraphs 4 to F17 of Schedule 3.

a reference to the Commission allowing an appeal shall be taken as a reference to the Commission determining that an action of the Secretary of State is incompatible with a Convention right, and

a reference to the refusal to deproscribe against which an appeal was brought shall be taken as a reference to the action of the Secretary of State which is found to be incompatible with a Convention right.

evidence of anything done in relation to an application to the Secretary of State under section 4,

evidence of anything done in relation to proceedings before the Proscribed Organisations Appeal Commission under section 5 above or section 7(1) of the M14Human Rights Act 1998,

evidence of anything done in relation to proceedings under section 6 (including that section as applied by section 9(2)), and

any document submitted for the purposes of proceedings mentioned in any of paragraphs (a) to (c).

that the organisation was not proscribed on the last (or only) occasion on which he became a member or began to profess to be a member, and

that he has not taken part in the activities of the organisation at any time while it was proscribed.

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

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

this Act;

the M15Northern Ireland (Emergency Provisions) Act 1996;

the M16Northern Ireland (Emergency Provisions) Act 1991;

the M17Prevention of Terrorism (Temporary Provisions) Act 1989;

the M18Prevention of Terrorism (Temporary Provisions) Act 1984;

the M19Northern Ireland (Emergency Provisions) Act 1978;

the M20Prevention of Terrorism (Temporary Provisions) Act 1976;

the M21Prevention of Terrorism (Temporary Provisions) Act 1974;

the M22Northern Ireland (Emergency Provisions) Act 1973.

he invites support for a proscribed organisation, and

the support is not, or is not restricted to, the provision of money or other property (within the meaning of section 15).

to support a proscribed organisation,

to further the activities of a proscribed organisation, or

to be addressed by a person who belongs or professes to belong to a proscribed organisation.

“meeting” means a meeting of three or more persons, whether or not the public are admitted, and

a meeting is private if the public are not admitted.

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

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

wears an item of clothing, or

wears, carries or displays an article,

imprisonment for a term not exceeding six months,

a fine not exceeding level 5 on the standard scale, or

both.

money or other property which is likely to be used for the purposes of terrorism (including any resources of a proscribed organisation),

proceeds of the commission of acts of terrorism, and

proceeds of acts carried out for the purposes of terrorism.

a reference to proceeds of an act includes a reference to any property which wholly or partly, and directly or indirectly, represents the proceeds of the act (including payments or other rewards in connection with its commission), and

the reference to an organisation’s resources includes a reference to any money or other property which is applied or made available, or is to be applied or made available, for use by the organisation.

invites another to provide money or other property, and

intends that it should be used, or has reasonable cause to suspect that it may be used, for the purposes of terrorism.

receives money or other property, and

intends that it should be used, or has reasonable cause to suspect that it may be used, for the purposes of terrorism.

provides money or other property, and

knows or has reasonable cause to suspect that it will or may be used for the purposes of terrorism.

possesses money or other property, and

intends that it should be used, or has reasonable cause to suspect that it may be used, for the purposes of terrorism.

by concealment,

by removal from the jurisdiction,

by transfer to nominees, or

in any other way.

believes or suspects that another person has committed an offence under any of sections 15 to 18, and

bases his belief or suspicion on information which comes to his attention in the course of a trade, profession, business or employment.

his belief or suspicion, and

the information on which it is based.

a person is in employment,

his employer has established a procedure for the making of disclosures of the matters specified in subsection (2), and

he is charged with an offence under that subsection,

information which he obtains in privileged circumstances, or

a belief or suspicion based on information which he obtains in privileged circumstances.

from a client or a client’s representative, in connection with the provision of legal advice by the adviser to the client,

from a person seeking legal advice from the adviser, or from the person’s representative, or

from any person, for the purpose of actual or contemplated legal proceedings.

he has taken an action or been in possession of a thing, and

he would have committed an offence under one of those sections if he had been in the United Kingdom at the time when he took the action or was in possession of the thing.

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

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

a suspicion or belief that any money or other property is terrorist property or is derived from terrorist property;

any matter on which the suspicion or belief is based.

a person is in employment, and

his employer has established a procedure for the making of disclosures of the kinds mentioned in subsection (1) and section 19(2),

his suspicion or belief that the money or other property is terrorist property, and

the information on which his suspicion or belief is based.

after he becomes concerned in the transaction concerned,

on his own initiative, and

as soon as is reasonably practicable.

a constable forbids him to continue his involvement in the transaction or arrangement to which the disclosure relates, and

he continues his involvement.

he intended to make a disclosure of the kind mentioned in subsections (2) and (3), and

there is reasonable excuse for his failure to do so.

a person is in employment, and

his employer has established a procedure for the making of disclosures of the same kind as may be made to a constable under subsection (2),

discloses to an authorised officer the person's suspicion or belief that the money or other property is terrorist property and the information on which the suspicion or belief is based, and

has the authorised officer's consent to becoming involved in the transaction or arrangement.

the person's suspicion or belief that the money or other property is terrorist property, and

the information on which the suspicion or belief is based.

there is a reasonable excuse for the person's failure to make the disclosure before becoming involved in the transaction or arrangement, and

the disclosure is made on the person's own initiative and as soon as it is reasonably practicable for the person to make it.

an authorised officer forbids the person to continue involvement in the transaction or arrangement to which the disclosure relates, and

the person continues that involvement.

knows or suspects, or

has reasonable grounds for knowing or suspecting,

on which his knowledge or suspicion is based, or

which gives reasonable grounds for such knowledge or suspicion,

he has a reasonable excuse for not disclosing the information or other matter;

he is a professional legal adviser and the information or other matter came to him in privileged circumstances.

issued by a supervisory authority or any other appropriate body,

approved by the Treasury, and

published in a manner it approved as appropriate in its opinion to bring the guidance to the attention of persons likely to be affected by it.

is made to a person nominated by the alleged offender’s employer to receive disclosures under this section, and

is made in the course of the alleged offender’s employment and in accordance with the procedure established by the employer for the purpose.

by (or by a representative of) a client of his in connection with the giving by the adviser of legal advice to the client,

by (or by a representative of) a person seeking legal advice from the adviser, or

by a person in connection with legal proceedings or contemplated legal proceedings.

a business in the regulated sector;

a supervisory authority.

he has taken an action or been in possession of a thing, and

he would have committed the offence if he had been in the United Kingdom at the time when he took the action or was in possession of the thing.

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

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

causes the discloser to know or suspect, or

gives him reasonable grounds for knowing or suspecting,

is made to a person nominated by the discloser’s employer to receive disclosures under this section, and

is made in the course of the discloser’s employment and in accordance with the procedure established by the employer for the purpose.

the disclosure is to a credit institution or a financial institution,

the institution to whom the disclosure is made is situated in an EEA State or in a country or territory imposing equivalent money laundering requirements, and

both the institution making the disclosure and the institution to whom it is made belong to the same group.

the disclosure is to a professional legal adviser or a relevant professional adviser,

both the person making the disclosure and the person to whom it is made carry on business in an EEA state or in a country or territory imposing equivalent money laundering requirements, and

those persons perform their professional activities within different undertakings that share common ownership, management or control.

by a credit institution to another credit institution,

by a financial institution to another financial institution,

by a professional legal adviser to another professional legal adviser, or

by a relevant professional adviser of a particular kind to another relevant professional adviser of the same kind.

the disclosure is for the purpose only of preventing an offence under this Part of this Act;

the institution or adviser to whom the disclosure is made is situated in an EEA State or in a country or territory imposing equivalent money laundering requirements; and

the institution or adviser making the disclosure and the institution or adviser to whom it is made are subject to equivalent duties of professional confidentiality and the protection of personal data (within the meaning of section 1 of the Data Protection Act 1998 F10).

to the authority that is the supervisory authority for that person by virtue of the Money Laundering Regulations 2007 (S.I. 2007/2157); or

for the purpose of—

• (i) the detection, investigation or prosecution of a criminal offence (whether in the United Kingdom or elsewhere),

• (ii) an investigation under the Proceeds of Crime Act 2002 F11, or

• (iii) the enforcement of any order of a court under that Act.

is to the adviser's client, and

is made for the purpose of dissuading the client from engaging in conduct amounting to an offence.

to a business in the regulated sector, and

to a supervisory authority,

testing the competence of those seeking admission to membership of such a body as a condition for such admission; and

imposing and maintaining professional and ethical standards for its members, as well as imposing sanctions for non-compliance with those standards.

which, at the time of the offence, he had in his possession or under his control, and

which, at that time, he intended should be used, or had reasonable cause to suspect might be used, for the purposes of terrorism.

which, at the time of the offence, he had in his possession or under his control, and

which, at that time, he knew or had reasonable cause to suspect would or might be used for the purposes of terrorism.

to which the arrangement in question related, and

which, at the time of the offence, he knew or had reasonable cause to suspect would or might be used for the purposes of terrorism.

in proceedings on indictment, when he moves for sentence, and

in summary proceedings, before the court convicts the accused,

that it was, at the time of the offence, in the possession or control of the person convicted; and

any of the following provisions of this Act—

• section 54 (weapons training);

• section 57, 58 or 58A (possessing things and collecting information for the purposes of terrorism);

• section 59, 60 or 61 (inciting terrorism outside the United Kingdom);

any of the following provisions of Part 1 of the Terrorism Act 2006 (c. 11)—

• section 2 (dissemination of terrorist publications);

• section 5 (preparation of terrorist acts);

• section 6 (training for terrorism);

• sections 9 to 11 (offences involving radioactive devices or materials).

in England and Wales, the court dealing with the offence has determined, in accordance with section 30 of that Act, that the offence has a terrorist connection;

in Scotland, it has been proved, in accordance with section 31 of that Act, that the offence has a terrorist connection.

the value of the property, and

the likely financial and other effects on the convicted person of the making of the order (taken together with any other order that the court contemplates making).

in proceedings on indictment, when the prosecutor moves for sentence, and

in summary proceedings, before the court sentences the accused;

by means of tape marked with the word “police”, or

in such other manner as a constable considers appropriate.

where the area is outside Northern Ireland and is wholly or partly within a police area, by an officer for the police area who is of at least the rank of superintendent, and

where the area is in Northern Ireland, by a member of the Royal Ulster Constabulary who is of at least the rank of superintendent.

if it is a place to which subsection (2) of section 2 of the Ministry of Defence Police Act 1987 (c. 4) applies,

if a request has been made under paragraph (a), (b) or (d) of subsection (3A) of that section in relation to a terrorist investigation and it is a place where he has the powers and privileges of a constable by virtue of that subsection as a result of the request, or

if a request has been made under paragraph (c) of that subsection in relation to a terrorist investigation and it is a place described in subsection 1A of this section.

a member of the British Transport Police Force, or

a member of the Ministry of Defence Police,

make a written record of the time at which the designation was made, and

ensure that a police officer of at least the rank of superintendent is informed.

shall confirm the designation or cancel it with effect from such time as he may direct, and

shall, if he cancels the designation, make a written record of the cancellation and the reason for it.

beginning at the time when it is made, and

ending with a date or at a time specified in the designation.

the person who made it, or

a person who could have made it (otherwise than by virtue of section 34(2)).

order a person in a cordoned area to leave it immediately;

order a person immediately to leave premises which are wholly or partly in or adjacent to a cordoned area;

order the driver or person in charge of a vehicle in a cordoned area to move it from the area immediately;

arrange for the removal of a vehicle from a cordoned area;

arrange for the movement of a vehicle within a cordoned area;

prohibit or restrict access to a cordoned area by pedestrians or vehicles.

imprisonment for a term not exceeding three months,

a fine not exceeding level 4 on the standard scale, or

both.

in preventing the commission by another person of an act of terrorism, or

in securing the apprehension, prosecution or conviction of another person, in the United Kingdom, for an offence involving the commission, preparation or instigation of an act of terrorism.

in England and Wales, to a constable,

in Scotland, to a constable, or

in Northern Ireland, to a constable or a member of Her Majesty’s forces.

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

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

discloses to another anything which is likely to prejudice the investigation, or

interferes with material which is likely to be relevant to the investigation.

discloses to another anything which is likely to prejudice an investigation resulting from the disclosure under that section, or

interferes with material which is likely to be relevant to an investigation resulting from the disclosure under that section.

that he did not know and had no reasonable cause to suspect that the disclosure or interference was likely to affect a terrorist investigation, or

that he had a reasonable excuse for the disclosure or interference.

to his client or to his client’s representative in connection with the provision of legal advice by the adviser to the client and not with a view to furthering a criminal purpose, or

to any person for the purpose of actual or contemplated legal proceedings and not with a view to furthering a criminal purpose.

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

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

a reference to conducting a terrorist investigation includes a reference to taking part in the conduct of, or assisting, a terrorist investigation, and

a person interferes with material if he falsifies it, conceals it, destroys it or disposes of it, or if he causes or permits another to do any of those things.

has committed an offence under any of sections 11, 12, 15 to 18, 54 and 56 to 63, or

is or has been concerned in the commission, preparation or instigation of acts of terrorism.

with the time of his arrest under this section, or

if he was being detained under Schedule 7 when he was arrested under this section, with the time when his examination under that Schedule began.

“justice of the peace” includes the sheriff, and

the justice of the peace or sheriff can be satisfied as mentioned in that subsection only by having heard evidence on oath.

the vehicle;

the driver of the vehicle;

a passenger in the vehicle;

anything in or on the vehicle or carried by the driver or a passenger.

the pedestrian;

anything carried by him.

where the specified area or place is the whole or part of a police area outside Northern Ireland other than one mentioned in paragraph (b) or (c), by a police officer for the area who is of at least the rank of assistant chief constable;

where the specified area or place is the whole or part of the metropolitan police district, by a police officer for the district who is of at least the rank of commander of the metropolitan police;

where the specified area or place is the whole or part of the City of London, by a police officer for the City who is of at least the rank of commander in the City of London police force;

where the specified area or place is the whole or part of Northern Ireland, by a member of the Royal Ulster Constabulary who is of at least the rank of assistant chief constable.

a member of the British Transport Police Force, F36. . .

a member of the Ministry of Defence Police,F37 or

a member of the Civil Nuclear Constabulary,

may be exercised only for the purpose of searching for articles of a kind which could be used in connection with terrorism, and

may be exercised whether or not the constable has grounds for suspecting the presence of articles of that kind.

a vehicle or pedestrian is stopped by virtue of section 44(1) or (2), and

the driver of the vehicle or the pedestrian applies for a written statement that the vehicle was stopped, or that he was stopped, by virtue of section 44(1) or (2),

beginning at the time when the authorisation is given, and

ending with a date or at a time specified in the authorisation.

it shall cease to have effect at the end of that period, but

its ceasing to have effect shall not affect the lawfulness of anything done in reliance on it before the end of that period.

fails to stop a vehicle when required to do so by a constable in the exercise of the power conferred by an authorisation under section 44(1);

fails to stop when required to do so by a constable in the exercise of the power conferred by an authorisation under section 44(2);

wilfully obstructs a constable in the exercise of the power conferred by an authorisation under section 44(1) or (2).

imprisonment for a term not exceeding six months,

a fine not exceeding level 5 on the standard scale, or

both.

where the road specified is outside Northern Ireland and is wholly or partly within a police area other than one mentioned in paragraphs (b) or (c), by a police officer for the area who is of at least the rank of assistant chief constable;

where the road specified is wholly or partly in the metropolitan police district, by a police officer for the district who is of at least the rank of commander of the metropolitan police;

where the road specified is wholly or partly in the City of London, by a police officer for the City who is of at least the rank of commander in the City of London police force;

where the road specified is in Northern Ireland, by a member of the Royal Ulster Constabulary who is of at least the rank of assistant chief constable.

for the purposes of section 99 of the M23Road Traffic Regulation Act 1984 (removal of vehicles illegally parked, &c.) and of any regulations in force under that section, and

for the purposes of Articles 47 and 48 of the M24Road Traffic Regulation (Northern Ireland) Order 1997 (in relation to Northern Ireland).

he is the driver or other person in charge of a vehicle which has been permitted to remain at rest in contravention of any prohibition or restriction imposed by virtue of section 48, and

he fails to move the vehicle when ordered to do so by a constable in uniform.

imprisonment for a term not exceeding three months,

a fine not exceeding level 4 on the standard scale, or

both.

firearms,

radioactive material or weapons designed or adapted for the discharge of any radioactive material,

explosives, or

chemical, biological or nuclear weapons.

firearms,

radioactive material or weapons designed or adapted for the discharge of any radioactive material,

explosives, or

chemical, biological or nuclear weapons.

would constitute an offence under subsection (2), or

would constitute an offence under subsection (2) but for the fact that it is to take place outside the United Kingdom.

a reference to the provision of instruction includes a reference to making it available either generally or to one or more specific persons, and

an invitation to receive instruction or training may be either general or addressed to one or more specific persons.

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

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

was on any premises at the same time as the accused, or

was on premises of which the accused was the occupier or which he habitually used otherwise than as a member of the public,

on conviction on indictment, to imprisonment for a term not exceeding 10 years, to a fine or to both, or

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

he collects or makes a record of information of a kind likely to be useful to a person committing or preparing an act of terrorism, or

he possesses a document or record containing information of that kind.

on conviction on indictment, to imprisonment for a term not exceeding 10 years, to a fine or to both, or

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

publishes or communicates any such information.

on conviction on indictment, to imprisonment for a term not exceeding 10 years or to a fine, or to both;

he incites another person to commit an act of terrorism wholly or partly outside the United Kingdom, and

the act would, if committed in England and Wales, constitute one of the offences listed in subsection (2).

murder,

an offence under section 18 of the Offences against the M33Person Act 1861 (wounding with intent),

an offence under section 23 or 24 of that Act (poison),

an offence under section 28 or 29 of that Act (explosions), and

an offence under section 1(2) of the M34Criminal Damage Act 1971 (endangering life by damaging property).

he incites another person to commit an act of terrorism wholly or partly outside the United Kingdom, and

the act would, if committed in Northern Ireland, constitute one of the offences listed in subsection (2).

murder,

an offence under section 18 of the Offences against the M35Person Act 1861 (wounding with intent),

an offence under section 23 or 24 of that Act (poison),

an offence under section 28 or 29 of that Act (explosions), and

an offence under Article 3(2) of the M36Criminal Damage (Northern Ireland) Order 1977 (endangering life by damaging property).

he incites another person to commit an act of terrorism wholly or partly outside the United Kingdom, and

the act would, if committed in Scotland, constitute one of the offences listed in subsection (2).

murder,

assault to severe injury, and

reckless conduct which causes actual injury.

a person does anything outside the United Kingdom as an act of terrorism or for the purposes of terrorism, and

his action would have constituted the commission of one of the offences listed in subsection (2) if it had been done in the United Kingdom,

an offence under section 2, 3 or 5 of the M37Explosive Substances Act 1883 (causing explosions, &c.),

an offence under section 1 of the M38Biological Weapons Act 1974 (biological weapons), and

an offence under section 2 of the M39Chemical Weapons Act 1996 (chemical weapons).

a person does anything outside the United Kingdom, and

his action would have constituted the commission of an offence under any of sections 15 to 18 if it had been done in the United Kingdom,

a United Kingdom national or a United Kingdom resident does anything outside the United Kingdom, and

his action, if done in any part of the United Kingdom, would have constituted an offence under section 54 or any of sections 56 to 61,

a British citizen, a British overseas territories citizen, a British National (Overseas) or a British Overseas citizen,

a person who under the British Nationality Act 1981 is a British subject, or

a British protected person within the meaning of that Act.

a United Kingdom national or a United Kingdom resident does anything outside the United Kingdom as an act of terrorism or for the purposes of terrorism, and

his action, if done in any part of the United Kingdom, would have constituted an offence listed in subsection (2),

murder, manslaughter, culpable homicide, rape, assault causing injury, assault to injury, kidnapping, abduction or false imprisonment,

an offence under section 4, 16, 18, 20, 21, 22, 23, 24, 28, 29, 30 or 64 of the Offences against the Person Act 1861,

an offence under any of sections 1 to 5 of the Forgery and Counterfeiting Act 1981,

the uttering of a forged document or an offence under section 46A of the Criminal Law (Consolidation) (Scotland) Act 1995,

an offence under section 1 or 2 of the Criminal Damage Act 1971,

an offence under Article 3 or 4 of the Criminal Damage (Northern Ireland) Order 1977,

malicious mischief,

wilful fire-raising.

a person does anything outside the United Kingdom as an act of terrorism or for the purposes of terrorism,

his action is done to, or in relation to, a United Kingdom national, a United Kingdom resident or a protected person, and

his action, if done in any part of the United Kingdom, would have constituted an offence listed in subsection (2),

murder, manslaughter, culpable homicide, rape, assault causing injury, assault to injury, kidnapping, abduction or false imprisonment,

an offence under section 4, 16, 18, 20, 21, 22, 23, 24, 28, 29, 30 or 64 of the Offences against the Person Act 1861,

an offence under section 1, 2, 3, 4 or 5(1) or (3) of the Forgery and Counterfeiting Act 1981,

the uttering of a forged document or an offence under section 46A(1) of the Criminal Law (Consolidation) (Scotland) Act 1995.

he is a member of a United Kingdom diplomatic mission within the meaning of Article 1(b) of the Vienna Convention on Diplomatic Relations signed in 1961 (as that Article has effect in the United Kingdom by virtue of section 2 of and Schedule 1 to the Diplomatic Privileges Act 1964),

he is a member of a United Kingdom consular post within the meaning of Article 1(g) of the Vienna Convention on Consular Relations signed in 1963 (as that Article has effect in the United Kingdom by virtue of section 1 of and Schedule 1 to the Consular Relations Act 1968),

he carries out any functions for the purposes of the F46the European Medicines Agency , or

he carries out any functions for the purposes of a body specified in an order made by the Secretary of State.

it is established by or under the Treaty establishing the European Community or the Treaty on European Union, and

the principal place in which its functions are carried out is a place in the United Kingdom.

issued by or under the authority of the Secretary of State, and

stating any fact relating to the question,

a person does anything outside the United Kingdom as an act of terrorism or for the purposes of terrorism,

his action is done in connection with an attack on relevant premises or on a vehicle ordinarily used by a protected person,

the attack is made when a protected person is on or in the premises or vehicle, and

his action, if done in any part of the United Kingdom, would have constituted an offence listed in subsection (2),

an offence under section 1 of the Criminal Damage Act 1971,

an offence under Article 3 of the Criminal Damage (Northern Ireland) Order 1977,

malicious mischief,

wilful fire-raising.

a person does anything outside the United Kingdom as an act of terrorism or for the purposes of terrorism,

his action consists of a threat of an attack on relevant premises or on a vehicle ordinarily used by a protected person,

the attack is threatened to be made when a protected person is, or is likely to be, on or in the premises or vehicle, and

his action, if done in any part of the United Kingdom, would have constituted an offence listed in subsection (4),

an offence under section 2 of the Criminal Damage Act 1971,

an offence under Article 4 of the Criminal Damage (Northern Ireland) Order 1977,

breach of the peace (in relation to Scotland only).

premises at which a protected person resides or is staying, or

premises which a protected person uses for the purpose of carrying out his functions as such a person.

in England and Wales, except by or with the consent of the Attorney General,

in Northern Ireland, except by or with the consent of the Advocate General for Northern Ireland.

the Internationally Protected Persons Act 1978,

the Suppression of Terrorism Act 1978,

the Nuclear Material (Offences) Act 1983,

the United Nations Personnel Act 1997.

add an offence to Part I or II of Schedule 9;

remove an offence from Part I or II of that Schedule;

amend Part I or II of that Schedule in some other way.

shall apply notwithstanding anything in Article 31 of that Order,

shall not apply in respect of an offence where the court considers that in the interests of justice a preliminary investigation should be conducted into the offence under that Order, and

shall not apply in respect of an extra-territorial offence (as defined in section 1(3) of the M41Criminal Jurisdiction Act 1975)).

has attained the age of fourteen, and

is charged with a scheduled offence which is neither being tried summarily nor certified by the Director of Public Prosecutions for Northern Ireland as suitable for summary trial.

by a judge of the High Court or the Court of Appeal, or

by the judge of the court of trial on adjourning the trial of a person charged with a scheduled offence.

fail to surrender to custody,

commit an offence while on bail,

interfere with a witness,

otherwise obstruct or attempt to obstruct the course of justice, whether in relation to himself or another person, or

fail to comply with conditions of release (if any).

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

the character, antecedents, associations and community ties of the person,

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

the strength of the evidence of his having committed the offence.

likely to result in the person’s appearance at the time and place required, or

necessary in the interests of justice or for the prevention of crime.

any of Her Majesty’s forces, or

the Royal Ulster Constabulary or the Royal Ulster Constabulary Reserve.

bail on that condition may be granted by a judge or a resident magistrate, and

it shall be lawful for the person to be held in military or police custody in accordance with the conditions of his bail.

that a person charged with a scheduled offence intends to apply to be admitted to bail,

that it is desirable in the interests of justice that he should have legal aid, and

that he has not sufficient means to enable him to obtain that aid,

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,

notwithstanding Article 47(2) F48. . . of the M43Magistrates’ Courts (Northern Ireland) Order 1981, and

whether or not a person is also charged with a non-scheduled offence.

notwithstanding the provisions of any enactment, and

whether or not he was remanded or committed for trial at a time when this section was not in force.

to prevent his escape, or

to ensure his safety or the safety of others.

has attained the age of fourteen, and

has not attained the age of seventeen.

it has previously ceased to have effect, or

it is continued in force by a further direction.

a person is held in custody in a prison or other place by virtue of a direction, and

the direction ceases to have effect (whether or not by reason of the expiry or cesser of section 70),

to be allowed to the prosecution to complete the stage;

during which the accused may, while awaiting completion of the stage, be in the custody of a magistrates’ court or the Crown Court in relation to the offence.

provide for a specified law about bail to apply in relation to cases to which custody or overall time limits apply (subject to any modifications which the Secretary of State considers it necessary to specify in the regulations);

provide for time limits to cease to have effect in cases where the Attorney General for Northern Ireland certifies after the institution of proceedings that an offence is not to be treated as a scheduled offence;

make such provision with respect to the procedure to be followed in criminal proceedings as the Secretary of State considers appropriate in consequence of another provision of the regulations;

make provision which has effect in relation to a non-scheduled offence where separate counts of an indictment allege a scheduled offence and a non-scheduled offence;

enable the Crown Court in specified circumstances to extend or further extend a time limit at any time before it expires.

a person escapes from the custody of a magistrates’ court or the Crown Court before the expiry of the custody time limit,

a person who has been released on bail in consequence of the expiry of a custody time limit fails to surrender himself into the custody of the court at the appointed time, or

a person who has been released on bail in consequence of the expiry of a custody time limit is arrested by a constable in connection with a breach or apprehended breach of a condition of his bail.

after the time when the case for the prosecution is opened, or

if the court accepts a plea of guilty before the case for the prosecution is opened, after the plea is accepted.

after the court begins to hear evidence for the prosecution at the trial,

if the court accepts a plea of guilty before it has begun to hear evidence for the prosecution, after the plea is accepted, or

after the court begins to consider whether to exercise its power under Article 44(4) of the M44Mental Health (Northern Ireland) Order 1986 (power to make hospital order without conviction).

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

all periods during which he is in the custody of the Crown Court in respect of the same offence shall be aggregated and treated as a single continuous period.

the Lord Chancellor after consultation with the Lord Chief Justice of Northern Ireland directs that the trial, or a class of trials within which it falls, shall be held at the Crown Court sitting elsewhere, or

the Lord Chief Justice of Northern Ireland directs that the trial, or part of it, shall be held at the Crown Court sitting elsewhere.

to the Crown Court sitting in Belfast, or

where a direction has been given under subsection (1) which concerns the trial, to the Crown Court sitting at the place specified in the direction;

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

a direction is subsequently given under subsection (1), before the commencement of the trial, altering the place of trial,

is not satisfied that the accused is guilty of the offence, but

is satisfied that he is guilty of a non-scheduled offence of which a jury could have found him guilty on a trial for the scheduled offence,

against his conviction, on any ground, without the leave of the Court of Appeal or a certificate of the judge of the court of trial;

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

a scheduled offence, or

two or more offences at least one of which is a scheduled offence.

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

it is not excluded or inadmissible (whether by virtue of subsections (3) to (5) or otherwise).

the prosecution gives or proposes to give a statement made by the accused in evidence,

prima facie evidence is adduced that the accused was subjected to torture, inhuman or degrading treatment, violence or the threat of violence in order to induce him to make the statement, and

the prosecution does not satisfy the court that the statement was not obtained in the manner mentioned in paragraph (b).

exclude the statement, or

direct that the trial be restarted before a differently constituted court (before which the statement shall be inadmissible).

disregard it, or

direct that the trial be restarted before a differently constituted court (before which the statement shall be inadmissible).

exclude or ignore a statement, or

direct a trial to be restarted,

was on any premises at the same time as the accused, or

was on premises of which the accused was the occupier or which he habitually used otherwise than as a member of the public,

the scheduled offence is committed while this section is in force,

the offence (being a scheduled offence within the meaning of the M56Northern Ireland (Emergency Provisions) Act 1996) was committed while section 15 of that Act was in force,

the offence (being a scheduled offence within the meaning of the M57Northern Ireland (Emergency Provisions) Act 1991) was committed while section 14 of that Act was in force, or

the offence (being a scheduled offence within the meaning of the M58Northern Ireland (Emergency Provisions) Act 1978) was committed while section 22 of the M59Prevention of Terrorism (Temporary Provisions) Act 1989 was in force.

a person is sentenced to imprisonment or a term of detention in a young offenders centre for a period exceeding one year,

he is discharged from prison or the centre in pursuance of prison rules, and

before his sentence or term would have expired (but for the discharge) he commits, and is convicted on indictment of, a scheduled offence.

a suspended sentence,

a sentence of life imprisonment, or

a sentence of detention during the Secretary of State’s pleasure under Article 45(1) of the M60Criminal Justice (Children) (Northern Ireland) Order 1998.

the acquittal of the person concerned, or

the substitution of a sentence other than imprisonment or a term of detention.

shall be taken to be a sentence of imprisonment or term of detention for the purposes of the M61Prison Act (Northern Ireland) 1953 and for the purposes of the M62Treatment of Offenders Act (Northern Ireland) 1968 other than section 26(2) (reduction for time spent in custody),

shall not be subject to any provision of prison rules for discharge before expiry, and

shall be served before, and be followed by, the sentence or term imposed for the scheduled offence and be disregarded in determining the appropriate length of that sentence or term.

the date on which a person was discharged from prison or a young offenders centre,

the sentence or term which the person was serving at the time of his discharge, the offence in respect of which the sentence or term was imposed and the date on which he was convicted of that offence, and

the date on which the person would, but for his discharge in pursuance of prison rules, have been discharged from prison or a young offenders centre,

a sentence or term passed by a court in the United Kingdom or any of the Islands, and

in the case of imprisonment, a sentence passed by a court-martial on a person found guilty of a civil offence within the meaning of the M65Army Act 1955, the M66Air Force Act 1955 and the M67Naval Discipline Act 1957.

the scheduled offence is committed while this section is in force,

the offence (being a scheduled offence within the meaning of the M68Northern Ireland (Emergency Provisions) Act 1996) was committed while section 16 of that Act was in force,

the offence (being a scheduled offence within the meaning of the M69Northern Ireland (Emergency Provisions) Act 1991) was committed while section 15 of that Act was in force, or

the offence (being a scheduled offence within the meaning of the M70Northern Ireland (Emergency Provisions) Act 1978) was committed while section 23 of the M71Prevention of Terrorism (Temporary Provisions) Act 1989 was in force.

a scheduled offence, or

a non-scheduled offence under this Act.

a scheduled offence, or

a non-scheduled offence under this Act.

arrest the person without warrant, and

detain him for a period not exceeding four hours.

is a terrorist (within the meaning of Part V), or

has committed an offence involving the use or possession of an explosive or firearm,

may seize any explosive 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.

a member of Her Majesty’s forces on duty, or

a constable.

a member of Her Majesty’s forces authorised for the purpose by a commissioned officer of those forces, or

a constable authorised for the purpose by an officer of the Royal Ulster Constabulary of at least the rank of inspector.

may examine any document or record found in order to ascertain whether it contains information of the kind mentioned in section 58(1)(a) or 103(1)(a), and

if necessary or expedient for the purpose of paragraph (a), may remove the document or record to another place and retain it there until the examination is completed.

on conviction on indictment, to imprisonment for a term not exceeding two years, to a fine or to both, or

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

it shall not be photographed or copied, and

the person who examines it shall make a written record of the examination as soon as is reasonably practicable.

describe the document or record,

specify the object of the examination,

state the address of the premises where the document or record was found,

where the document or record was found in the course of a search of a person, state the person’s name,

where the document or record was found in the course of a search of any premises, state the name of a person appearing to the person making the record to be the occupier of the premises or to have had custody or control of the document or record when it was found,

where the document or record is removed for examination from the place where it was found, state the date and time when it was removed, and

where the document or record was examined at the place where it was found, state the date and time of examination.

in the case of a constable, by reference to his police number, and

in the case of a member of Her Majesty’s forces, by reference to his service number, rank and regiment.

in a case where the document or record was found in the course of a search of a person, to that person, and

in a case where the document or record was found in the course of a search of any premises, to a person appearing to the person making the record to be the occupier of the premises or to have had custody or control of the document or record when it was found.

his identity and movements;

what he knows about a recent explosion or another recent incident endangering life;

what he knows about a person killed or injured in a recent explosion or incident.

fails to stop when required to do so under this section,

refuses to answer a question addressed to him under this section, or

fails to answer to the best of his knowledge and ability a question addressed to him under this section.

a member of Her Majesty’s forces on duty, or

a constable.

a member of Her Majesty’s forces on duty, or

a constable.

wholly or partly close a road;

divert or otherwise interfere with a road or the use of a road;

prohibit or restrict the exercise of a right of way;

prohibit or restrict the use of a waterway.

a member of Her Majesty’s forces on duty,

a constable, or

a person authorised for the purposes of this section by the Secretary of State.

works executed in connection with the exercise of powers conferred by virtue of section 91 or 92, or

any apparatus, equipment or other thing used in connection with the exercise of those powers.

imprisonment for a term not exceeding six months,

a fine not exceeding level 5 on the standard scale, or

both.

the exercise of all those powers, or

the exercise of a specified power or class of powers.

to specified persons, or

to persons of a specified class.

shall be wholly closed,

shall be closed to a specified extent, or

shall be diverted in a specified manner.

road closure works, or

road closure equipment.

he executes any bypass works within 200 metres of road closure works,

he has in his possession or under his control, within 200 metres of road closure works, materials or equipment suitable for executing bypass works, or

he knowingly permits on land occupied by him the doing or occurrence of anything which is an offence under paragraph (a) or (b).

imprisonment for a term not exceeding six months,

a fine not exceeding level 5 on the standard scale, or

both.

power to stop a vehicle (other than an aircraft which is airborne), and

power to take a vehicle or cause it to be taken, where necessary or expedient, to any place for the purpose of carrying out the search.

imprisonment for a term not exceeding six months,

a fine not exceeding level 5 on the standard scale, or

both.

a reference to the address of the premises shall be construed as a reference to the location of the place or vehicle together with its registration number (if any), and

a reference to the occupier of the premises shall be construed as a reference to the occupier of the place or the person in charge of the vehicle.

require a person in or on the vehicle to remain with it;

require a person in or on the vehicle to go to and remain at any place to which the vehicle is taken by virtue of subsection (3)(b);

use reasonable force to secure compliance with a requirement under paragraph (a) or (b) above.

regulations under this section, or

an order or direction made or given under regulations made under this section.

imprisonment for a term not exceeding six months,

a fine not exceeding level 5 on the standard scale, or

both.

he is not a serving member of Her Majesty’s forces, and

he has not been a serving member at any time during the period of 20 years ending with the date of the appointment.

shall keep under review the procedures adopted by the General Officer Commanding Northern Ireland for receiving, investigating and responding to complaints to which this section applies,

shall receive and investigate any representations about those procedures,

may investigate the operation of those procedures in relation to a particular complaint or class of complaints,

may require the General Officer Commanding to review a particular case or class of cases in which the Independent Assessor considers that any of those procedures have operated inadequately, and

may make recommendations to the General Officer Commanding about inadequacies in those procedures, including inadequacies in the way in which they operate in relation to a particular complaint or class of complaints.

a complaint which is referred by the General Officer Commanding to the Royal Ulster Constabulary and which is not remitted by the Royal Ulster Constabulary to the General Officer Commanding to be dealt with by him,

a complaint about a matter in respect of which a claim for compensation has been made under Schedule 12, and

a complaint about a matter which is the subject of proceedings involving a claim for compensation which have been instituted in a court.

provide such information,

disclose such documents, and

provide such assistance,

the exercise by police officers of any power conferred by this Act, and

the seizure and retention of property found by police officers when exercising powers of search conferred by any provision of this Act.

make a code of practice about the silent video recording of interviews to which this section applies, and

make an order requiring the silent video recording of interviews to which this section applies in accordance with the code.

interviews by police officers of persons detained under section 41 if they take place in a police station (within the meaning of Schedule 8), and

interviews held by police officers in such other circumstances as the Secretary of State may specify by order.

publish a draft,

consider any representations made to him about the draft, and

if he thinks it appropriate, modify the draft in the light of any representations made to him.

the exercise of the powers conferred on him by the designation;

the performance of the duties imposed on him by the designation.

proceedings under any provision of the M75Army Act 1955 or the M76Air Force Act 1955 other than section 70 (civil offences), and

proceedings under any provision of the M77Naval Discipline Act 1957 other than section 42 (civil offences).

shall be admissible in evidence in criminal or civil proceedings, and

shall be taken into account by a court or tribunal in any case in which it appears to the court or tribunal to be relevant.

he collects, makes a record of, publishes, communicates or attempts to elicit information about a person to whom this section applies which is of a kind likely to be useful to a person committing or preparing an act of terrorism, or

he possesses a document or record containing information of that kind.

a constable,

a member of Her Majesty’s Forces,

the holder of a judicial office,

an officer of any court, or

F58employed in the prison service in Northern Ireland.

was on any premises at the same time as the accused, or

was on premises of which the accused was the occupier or which he habitually used otherwise than as a member of the public,

on conviction on indictment, to imprisonment for a term not exceeding 10 years, to a fine or to both, or

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