Part IVTerrorist Investigations
Interpretation
32Terrorist investigation
In this Act “terrorist investigation” means an investigation of—
a
the commission, preparation or instigation of acts of terrorism,
b
an act which appears to have been done for the purposes of terrorism,
c
the resources of a proscribed organisation,
d
the possibility of making an order under section 3(3), or
e
the commission, preparation or instigation of an offence under this Act.
Cordons
33Cordoned areas
1
An area is a cordoned area for the purposes of this Act if it is designated under this section.
2
A designation may be made only if the person making it considers it expedient for the purposes of a terrorist investigation.
3
If a designation is made orally, the person making it shall confirm it in writing as soon as is reasonably practicable.
4
The person making a designation shall arrange for the demarcation of the cordoned area, so far as is reasonably practicable—
a
by means of tape marked with the word “police”, or
b
in such other manner as a constable considers appropriate.
34Power to designate
1
Subject to subsection (2), a designation under section 33 may only be made—
a
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
b
where the area is in Northern Ireland, by a member of the Royal Ulster Constabulary who is of at least the rank of superintendent.
2
A constable who is not of the rank required by subsection (1) may make a designation if he considers it necessary by reason of urgency.
3
Where a constable makes a designation in reliance on subsection (2) he shall as soon as is reasonably practicable—
a
make a written record of the time at which the designation was made, and
b
ensure that a police officer of at least the rank of superintendent is informed.
4
An officer who is informed of a designation in accordance with subsection (3)(b)—
a
shall confirm the designation or cancel it with effect from such time as he may direct, and
b
shall, if he cancels the designation, make a written record of the cancellation and the reason for it.
35Duration
1
A designation under section 33 has effect, subject to subsections (2) to (5), during the period—
a
beginning at the time when it is made, and
b
ending with a date or at a time specified in the designation.
2
The date or time specified under subsection (1)(b) must not occur after the end of the period of 14 days beginning with the day on which the designation is made.
3
The period during which a designation has effect may be extended in writing from time to time by—
a
the person who made it, or
b
a person who could have made it (otherwise than by virtue of section 34(2)).
4
An extension shall specify the additional period during which the designation is to have effect.
5
A designation shall not have effect after the end of the period of 28 days beginning with the day on which it is made.
36Police powers
1
A constable in uniform may—
a
order a person in a cordoned area to leave it immediately;
b
order a person immediately to leave premises which are wholly or partly in or adjacent to a cordoned area;
c
order the driver or person in charge of a vehicle in a cordoned area to move it from the area immediately;
d
arrange for the removal of a vehicle from a cordoned area;
e
arrange for the movement of a vehicle within a cordoned area;
f
prohibit or restrict access to a cordoned area by pedestrians or vehicles.
2
A person commits an offence if he fails to comply with an order, prohibition or restriction imposed by virtue of subsection (1).
3
It is a defence for a person charged with an offence under subsection (2) to prove that he had a reasonable excuse for his failure.
4
A person guilty of an offence under subsection (2) shall be liable on summary conviction to—
a
imprisonment for a term not exceeding three months,
b
a fine not exceeding level 4 on the standard scale, or
c
both.
Information and evidence
37Powers
Schedule 5 (power to obtain information, &c.) shall have effect.
38Financial information
Schedule 6 (financial information) shall have effect.
39Disclosure of information, &c
1
Subsection (2) applies where a person knows or has reasonable cause to suspect that a constable is conducting or proposes to conduct a terrorist investigation.
2
The person commits an offence if he—
a
discloses to another anything which is likely to prejudice the investigation, or
b
interferes with material which is likely to be relevant to the investigation.
3
Subsection (4) applies where a person knows or has reasonable cause to suspect that a disclosure has been or will be made under any of sections 19 to 21.
4
The person commits an offence if he—
a
discloses to another anything which is likely to prejudice an investigation resulting from the disclosure under that section, or
b
interferes with material which is likely to be relevant to an investigation resulting from the disclosure under that section.
5
It is a defence for a person charged with an offence under subsection (2) or (4) to prove—
a
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
b
that he had a reasonable excuse for the disclosure or interference.
6
Subsections (2) and (4) do not apply to a disclosure which is made by a professional legal adviser—
a
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
b
to any person for the purpose of actual or contemplated legal proceedings and not with a view to furthering a criminal purpose.
7
A person guilty of an offence under this section shall be liable—
a
on conviction on indictment, to imprisonment for a term not exceeding five years, to a fine or to both, or
b
on summary conviction, to imprisonment for a term not exceeding six months, to a fine not exceeding the statutory maximum or to both.
8
For the purposes of this section—
a
a reference to conducting a terrorist investigation includes a reference to taking part in the conduct of, or assisting, a terrorist investigation, and
b
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.