Counter-Terrorism Act 2008 Explanatory Notes

Counter-Terrorism Act 2008

2008 CHAPTER 28

Commentary on Sections

Part 2 –Post-Charge Questioning of Terrorist Suspects

Section 24 – Post-charge questioning: Northern Ireland

76. Subsection (2) allows a district judge (magistrate’s court) to authorise questioning of a person in Northern Ireland about an offence, for which they have been charged or after they have been officially informed that they may be prosecuted, by a constable where the offence is a terrorism offence (as defined in section 27) or where it appears to the judge that the offence has a terrorist connection (as defined in section 93).

77. Subsections (3), (4), (5), and (6) set out the same requirements for the authorisation of post-charge questioning in Northern Ireland as for England and Wales under subsections (3), (4), (5), and (6) of section 22.

78. Subsections (7) and (8) provide that codes of practice under Article 65 of PACE NI must make provision about post-charge questioning.

79. Subsections (9) and (10) amend the Criminal Evidence (Northern Ireland) Order 1988 (S.I. 1988/1987 (N.I. 20)) to allow adverse inferences to be drawn from an accused person’s failure to mention facts when questioned, to cover post-charge questioning under this section.