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Prevention of Terrorism (Temporary Provisions) Act 1989 (c. 4)

(The document as of February, 2008)

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Prevention of Terrorism (Temporary Provisions) Act 1989 (c. 4)

1989 CHAPTER 4

ARRANGEMENT OF SECTIONS

Content
  1. Part I

    Proscribed Organisations

    1. 1. Proscribed organisations.

    2. 2. Membership, support and meetings.

    3. 3. Display of support in public.

  2. Part II

    Exclusion Orders

    1. 4. Exclusion orders: general.

    2. 5. Orders excluding persons from Great Britain.

    3. 6. Orders excluding persons from Northern Ireland.

    4. 7. Orders excluding persons from the United Kingdom.

    5. 8. Offences in respect of exclusion orders.

  3. Part III

    Financial Assistance for Terrorism

    1. 9. Contributions towards acts of terrorism.

    2. 10. Contributions to resources of proscribed organisations.

    3. 11. Assisting in retention or control of terrorist funds.

    4. 12. Disclosure of information about terrorist funds.

    5. 13. Penalties and forfeiture.

  4. Part IV

    Arrest, Detention and Control of Entry

    1. 14. Arrest and detention of suspected persons.

    2. 15. Provisions supplementary to s.14.

    3. 16. Port and border controls.

  5. Part V

    Information, Proceedings and Interpretation

    1. 17. Investigation of terrorist activities.

    2. 18. Information about acts of terrorism.

    3. 19. Prosecutions and evidence.

    4. 20. Interpretation.

  6. Part VI

    Further Provisions for Northern Ireland

    1. 21. Search for munitions etc.

    2. 22. Restricted remission for persons sentenced for scheduled offences.

    3. 23. Conviction of scheduled offence during period of remission.

    4. 24. Explosives factories, magazines and stores.

  7. Part VII

    Supplementary

    1. 25. Consequential amendments, repeals and transitional provisions.

    2. 26. Expenses and receipts.

    3. 27. Commencement and duration.

    4. 28. Short title and extent.

    1. Schedule 1

      Proscribed Organisations.

    2. Schedule 2

      Exclusion Orders.

    3. Schedule 3

      Supervision of Detention and Examination Powers.

    4. Schedule 4

      Forfeiture Orders.

      1. Part I

        England and Wales.

      2. Part II

        Scotland.

      3. Part III

        Northern Ireland.

      4. Part IV

        Insolvency: United Kingdom Provisions.

    5. Schedule 5

      Port and Border Control.

    6. Schedule 6

      Designated Ports.

      1. Part I

        Great Britain.

      2. Part II

        Northern Ireland.

    7. Schedule 7

      Terrorist Investigations.

      1. Part I

        England, Wales and Northern Ireland.

      2. Part II

        Scotland.

    8. Schedule 8

      Consequential Amendments.

    9. Schedule 9

      Repeals and Revocations.

      1. Part I

        Enactments.

      2. Part II

        Orders.

An Act to make provision in place of the Prevention of Terrorism (Temporary Provisions) Act 1984; to make further provision in relation to powers of search under, and persons convicted of scheduled offences within the meaning of, the Northern Ireland (Emergency Provisions) Act 1978; and to enable the Secretary of State to prevent the establishment of new explosives factories, magazines and stores in Northern Ireland.

[15th March 1989]

Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:--



Part I Proscribed Organisations

1 Proscribed organisations

(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

(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 [1974 c. 56.] Prevention of Terrorism (Temporary Provisions) Act 1974;

(b) the [1976 c. 8.] Prevention of Terrorism (Temporary Provisions) Act 1976;

(c) the [1984 c. 8.] 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.

3 Display of support in public

(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 [1984 c. 54.] 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.



Part II Exclusion Orders

4 Exclusion orders: general

(1) The Secretary of State may exercise the powers conferred on him by this Part of this Act in such a way as appears to him expedient to prevent acts of terrorism to which this Part of this Act applies.

(2) The acts of terrorism to which this Part of this Act applies are acts of terrorism connected with the affairs of Northern Ireland.

(3) An order under section 5, 6 or 7 below is referred to in this Act as an "exclusion order".

(4) Schedule 2 to this Act shall have effect with respect to the duration of exclusion orders, the giving of notices, the right to make representations, powers of removal and detention and other supplementary matters for this Part of this Act.

(5) The exercise of the detention powers conferred by that Schedule shall be subject to supervision in accordance with Schedule 3 to this Act.

5 Orders excluding persons from Great Britain

(1) If the Secretary of State is satisfied that any person--

(a) is or has been concerned in the commission, preparation or instigation of acts of terrorism to which this Part of this Act applies; or

(b) is attempting or may attempt to enter Great Britain with a view to being concerned in the commission, preparation or instigation of such acts of terrorism,

the Secretary of State may make an exclusion order against him.

(2) An exclusion order under this section is an order prohibiting a person from being in, or entering, Great Britain.

(3) In deciding whether to make an exclusion order under this section against a person who is ordinarily resident in Great Britain, the Secretary of State shall have regard to the question whether that person's connection with any country or territory outside Great Britain is such as to make it appropriate that such an order should be made.

(4) An exclusion order shall not be made under this section against a person who is a British citizen and who--

(a) is at the time ordinarily resident in Great Britain and has then been ordinarily resident in Great Britain throughout the last three years; or

(b) is at the time subject to an order under section 6 below.

6 Orders excluding persons from Northern Ireland

(1) If the Secretary of State is satisfied that any person--

(a) is or has been concerned in the commission, preparation or instigation of acts of terrorism to which this Part of this Act applies; or

(b) is attempting or may attempt to enter Northern Ireland with a view to being concerned in the commission, preparation or instigation of such acts of terrorism,

the Secretary of State may make an exclusion order against him.

(2) An exclusion order under this section is an order prohibiting a person from being in, or entering, Northern Ireland.

(3) In deciding whether to make an exclusion order under this section against a person who is ordinarily resident in Northern Ireland, the Secretary of State shall have regard to the question whether that person's connection with any country or territory outside Northern Ireland is such as to make it appropriate that such an order should be made.

(4) An exclusion order shall not be made under this section against a person who is a British citizen and who--

(a) is at the time ordinarily resident in Northern Ireland and has then been ordinarily resident in Northern Ireland throughout the last three years; or

(b) is at the time subject to an order under section 5 above.

7 Orders excluding persons from the United Kingdom

(1) If the Secretary of State is satisfied that any person--

(a) is or has been concerned in the commission, preparation or instigation of acts of terrorism to which this Part of this Act applies; or

(b) is attempting or may attempt to enter Great Britain or Northern Ireland with a view to being concerned in the commission, preparation or instigation of such acts of terrorism,

the Secretary of State may make an exclusion order against him.

(2) An exclusion order under this section is an order prohibiting a person from being in, or entering, the United Kingdom.

(3) In deciding whether to make an exclusion order under this section against a person who is ordinarily resident in the United Kingdom, the Secretary of State shall have regard to the question whether that person's connection with any country or territory outside the United Kingdom is such as to make it appropriate that such an order should be made.

(4) An exclusion order shall not be made under this section against a person who is a British citizen.

8 Offences in respect of exclusion orders

(1) A person who is subject to an exclusion order is guilty of an offence if he fails to comply with the order at a time after he has been, or has become liable to be, removed under Schedule 2 to this Act.

(2) A person is guilty of an offence--

(a) if he is knowingly concerned in arrangements for securing or facilitating the entry into Great Britain, Northern Ireland or the United Kingdom of a person whom he knows, or has reasonable grounds for believing, to be an excluded person; or

(b) if he knowingly harbours such a person in Great Britain, Northern Ireland or the United Kingdom.

(3) In subsection (2) above "excluded person" means--

(a) in relation to Great Britain, a person subject to an exclusion order made under section 5 above who has been, or has become liable to be, removed from Great Britain under Schedule 2 to this Act;

(b) in relation to Northern Ireland, a person subject to an exclusion order made under section 6 above who has been, or has become liable to be, removed from Northern Ireland under that Schedule; and

(c) in relation to the United Kingdom, a person subject to an exclusion order made under section 7 above who has been, or has become liable to be, removed from the United Kingdom under that Schedule.

(4) A person guilty of an offence under this section is liable--

(a) on conviction on indictment, to imprisonment for a term not exceeding five 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.



Part III Financial Assistance for Terrorism

9 Contributions towards acts of terrorism

(1) A person is guilty of an offence if he--

(a) solicits or invites any other person to give, lend or otherwise make available, whether for consideration or not, any money or other property; or

(b) receives or accepts from any other person, whether for consideration or not, any money or other property,

intending that it shall be applied or used for the commission of, or in furtherance of or in connection with, acts of terrorism to which this section applies or having reasonable cause to suspect that it may be so used or applied.

(2) A person is guilty of an offence if he--

(a) gives, lends or otherwise makes available to any other person, whether for consideration or not, any money or other property; or

(b) enters into or is otherwise concerned in an arrangement whereby money or other property is or is to be made available to another person,

knowing or having reasonable cause to suspect that it will or may be applied or used as mentioned in subsection (1) above.

(3) The acts of terrorism to which this section applies are--

(a) acts of terrorism connected with the affairs of Northern Ireland; and

(b) subject to subsection (4) below, acts of terrorism of any other description except acts connected solely with the affairs of the United Kingdom or any part of the United Kingdom other than Northern Ireland.

(4) Subsection (3)(b) above does not apply to an act done or to be done outside the United Kingdom unless it constitutes or would constitute an offence triable in the United Kingdom.

(5) In proceedings against a person for an offence under this section in relation to an act within subsection (3)(b) above done or to be done outside the United Kingdom--

(a) the prosecution need not prove that that person knew or had reasonable cause to suspect that the act constituted or would constitute such an offence as is mentioned in subsection (4) above; but

(b) it shall be a defence to prove that he did not know and had no reasonable cause to suspect that the facts were such that the act constituted or would constitute such an offence.

10 Contributions to resources of proscribed organisations

(1) A person is guilty of an offence if he--

(a) solicits or invites any other person to give, lend or otherwise make available, whether for consideration or not, any money or other property for the benefit of a proscribed organisation;

(b) gives, lends or otherwise makes available or receives or accepts, whether for consideration or not, any money or other property for the benefit of such an organisation; or

(c) enters into or is otherwise concerned in an arrangement whereby money or other property is or is to be made available for the benefit of such an organisation.

(2) In proceedings against a person for an offence under subsection (1)(b) above it is a defence to prove that he did not know and had no reasonable cause to suspect that the money or property was for the benefit of a proscribed organisation; and in proceedings against a person for an offence under subsection (1)(c) above it is a defence to prove that he did not know and had no reasonable cause to suspect that the arrangement related to a proscribed organisation.

(3) In this section and sections 11 and 13 below "proscribed organisation" includes a proscribed organisation for the purposes of section 21 of the [1978 c. 5.] Northern Ireland (Emergency Provisions) Act 1978.

11 Assisting in retention or control of terrorist funds

(1) A person is guilty of an offence if he enters into or is otherwise concerned in an arrangement whereby the retention or control by or on behalf of another person of terrorist funds is facilitated, whether by concealment, removal from the jurisdiction, transfer to nominees or otherwise.

(2) In proceedings against a person for an offence under this section it is a defence to prove that he did not know and had no reasonable cause to suspect that the arrangement related to terrorist funds.

(3) In this section and section 12 below "terrorist funds" means--

(a) funds which may be applied or used for the commission of, or in furtherance of or in connection with, acts of terrorism to which section 9 above applies;

(b) the proceeds of the commission of such acts of terrorism or of activities engaged in in furtherance of or in connection with such acts; and

(c) the resources of a proscribed organisation.

(4) Paragraph (b) of subsection (3) includes any property which in whole or in part directly or indirectly represents such proceeds as are mentioned in that paragraph; and paragraph (c) of that subsection includes any money or other property which is or is to be applied or made available for the benefit of a proscribed organisation.

12 Disclosure of information about terrorist funds

(1) A person may notwithstanding any restriction on the disclosure of information imposed by contract disclose to a constable a suspicion or belief that any money or other property is or is derived from terrorist funds or any matter on which such a suspicion or belief is based.

(2) A person who enters into or is otherwise concerned in any such transaction or arrangement as is mentioned in section 9, 10 or 11 above does not commit an offence under that section if he is acting with the express consent of a constable or if--

(a) he discloses to a constable his suspicion or belief that the money or other property concerned is or is derived from terrorist funds or any matter on which such a suspicion or belief is based; and

(b) the disclosure is made after he enters into or otherwise becomes concerned in the transaction or arrangement in question but is made on his own initiative and as soon as it is reasonable for him to make it,

but paragraphs (a) and (b) above do not apply in a case where, having disclosed any such suspicion, belief or matter to a constable and having been forbidden by a constable to enter into or otherwise be concerned in the transaction or arrangement in question, he nevertheless does so.

(3) In proceedings against a person for an offence under section 9(1)(b) or (2), 10(1)(b) or (c) or 11 above it is a defence to prove--

(a) that he intended to disclose to a constable such a suspicion, belief or matter as is mentioned in paragraph (a) of subsection (2) above; and

(b) that there is a reasonable excuse for his failure to make the disclosure as mentioned in paragraph (b) of that subsection.

13 Penalties and forfeiture

(1) A person guilty of an offence under section 9, 10 or 11 above is liable--

(a) on conviction on indictment, to imprisonment for a term not exceeding fourteen 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.

(2) Subject to the provisions of this section, the court by or before which a person is convicted of an offence under section 9(1) or (2)(a) above may order the forfeiture of any money or other property--

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

(b) which, at that time--

(i) in the case of an offence under subsection (1) of section 9, he intended should be applied or used, or had reasonable cause to suspect might be applied or used, as mentioned in that subsection;

(ii) in the case of an offence under subsection (2)(a) of that section, he knew or had reasonable cause to suspect would or might be applied or used as mentioned in subsection (1) of that section.

(3) Subject to the provisions of this section, the court by or before which a person is convicted of an offence under section 9(2)(b), 10(1)(c) or 11 above may order the forfeiture of the money or other property to which the arrangement in question related and which, in the case of an offence under section 9(2)(b), he knew or had reasonable cause to suspect would or might be applied or used as mentioned in section 9(1) above.

(4) Subject to the provisions of this section, the court by or before which a person is convicted of an offence under section 10(1)(a) or (b) above may order the forfeiture of any money or other property which, at the time of the offence, he had in his possession or under his control for the use or benefit of a proscribed organisation.

(5) The court shall not under this section make an order forfeiting any money or other property unless the court considers that the money or property may, unless forfeited, be applied or used as mentioned in section 9(1) above but the court may, in the absence of evidence to the contrary, assume that any money or property may be applied or used as there mentioned.

(6) Where a person other than the convicted person claims to be the owner of or otherwise interested in anything which can be forfeited by an order under this section, the court shall, before making such an order in respect of it, give him an opportunity to be heard.

(7) A court in Scotland shall not make an order under subsection (2), (3) or (4) above except on the application of the prosecutor when he moves for sentence; and for the purposes of any appeal or review an order under any of those subsections made by a court in Scotland is a sentence.

(8) Schedule 4 to this Act shall have effect in relation to orders under this section.



Part IV Arrest, Detention and Control of Entry

14 Arrest and detention of suspected persons

(1) Subject to subsection (2) below, a constable may arrest without warrant a person whom he has reasonable grounds for suspecting to be--

(a) a person guilty of an offence under section 2, 8, 9, 10 or 11 above;

(b) a person who is or has been concerned in the commission, preparation or instigation of acts of terrorism to which this section applies; or

(c) a person subject to an exclusion order.

(2) The acts of terrorism to which this section applies are--

(a) acts of terrorism connected with the affairs of Northern Ireland; and

(b) acts of terrorism of any other description except acts connected solely with the affairs of the United Kingdom or any part of the United Kingdom other than Northern Ireland.

(3) The power of arrest conferred by subsection (1)(c) above is exercisable only--

(a) in Great Britain if the exclusion order was made under section 5 above; and

(b) in Northern Ireland if it was made under section 6 above.

(4) Subject to subsection (5) below, a person arrested under this section shall not be detained in right of the arrest for more than forty-eight hours after his arrest.

(5) The Secretary of State may, in any particular case, extend the period of forty-eight hours mentioned in subsection (4) above by a period or periods specified by him, but any such further period or periods shall not exceed five days in all and if an application for such an extension is made the person detained shall as soon as practicable be given written notice of that fact and of the time when the application was made.

(6) The exercise of the detention powers conferred by this section shall be subject to supervision in accordance with Schedule 3 to this Act.

(7) The provisions of this section are without prejudice to any power of arrest exercisable apart from this section.

15 Provisions supplementary to s.14

(1) If a justice of the peace is satisfied that there are reasonable grounds for suspecting that a person whom a constable believes to be liable to arrest under section 14(1)(b) above is to be found on any premises he may grant a search warrant authorising any constable to enter those premises for the purpose of searching for and arresting that person.

(2) In Scotland the power to issue a warrant under subsection (1) above shall be exercised by a sheriff or a justice of the peace, an application for such a warrant shall be supported by evidence on oath and a warrant shall not authorise a constable to enter any premises unless he is a constable for the police area in which they are situated.

(3) In any circumstances in which a constable has power under section 14 above to arrest a person, he may also, for the purpose of ascertaining whether he has in his possession any document or other article which may constitute evidence that he is a person liable to arrest, stop that person and search him.

(4) Where a constable has arrested a person under that section for any reason other than the commission of a criminal offence, he, or any other constable, may search him for the purpose of ascertaining whether he has in his possession any document or other article which may constitute evidence that he is a person liable to arrest.

(5) A search of a person under subsection (3) or (4) above may only be carried out by a person of the same sex.

(6) A person detained under section 14 above shall be deemed to be in legal custody at any time when he is so detained and may be detained in such a place as the Secretary of State may from time to time direct.

(7) The following provisions (requirement to bring accused person before the court after his arrest) shall not apply to a person detained in right of an arrest under section 14 above--

(a) section 321(3) of the [1975 c. 21.] Criminal Procedure (Scotland) Act 1975;

(b) Article 131 of the [S.I. 1981/1675 (N.I. 26).] Magistrates' Courts (Northern Ireland) Order 1981;

(c) section 50(3) of the [1968 c. 34. (N.I.).] Children and Young Persons Act (Northern Ireland) 1968.

(8) Section 295(1) of the Criminal Procedure (Scotland) Act 1975 (interim liberation by officer in charge of police station) shall not apply to a person detained in right of an arrest under section 14 above.

(9) Where a person is detained under section 14 above, any constable or prison officer, or any other person authorised by the Secretary of State, may take all such steps as may be reasonably necessary for photographing, measuring or otherwise identifying him.

(10) Section 61(1) to (8) of the [1984 c. 60.] Police and Criminal Evidence Act 1984 (fingerprinting) shall apply to the taking of a person's fingerprints by a constable under subsection (9) above as if for subsection (4) there were substituted--

" (4) An officer may only give an authorisation under subsection (3)(a) above for the taking of a person's fingerprints if he is satisfied that it is necessary to do so in order to assist in determining--

(a) whether that person is or has been concerned in the commission, preparation or instigation of acts of terrorism to which section 14 of the Prevention of Terrorism (Temporary Provisions) Act 1989 applies; or

(b) whether he is subject to an exclusion order under that Act;

or if the officer has reasonable grounds for suspecting that person's involvement in an offence under any of the provisions mentioned in subsection (1)(a) of that section and for believing that his fingerprints will tend to confirm or disprove his involvement. "

16 Port and border controls

(1) Schedule 5 to this Act shall have effect for conferring powers to examine persons arriving in or leaving Great Britain or Northern Ireland and for connected purposes.

(2) The exercise of the examination and detention powers conferred by paragraphs 2 and 6 of that Schedule shall be subject to supervision in accordance with Schedule 3 to this Act.

(3) The designated ports for the purposes of paragraph 8 of Schedule 5 to this Act shall be those specified in Schedule 6 to this Act but the Secretary of State may by order add any port to, or remove any port from, that Schedule.

(4) Without prejudice to the provisions of Schedule 5 to this Act with respect to persons who enter or leave Northern Ireland by land or who seek to do so, the Secretary of State may by order make such further provision with respect to those persons as appears to him to be expedient.

(5) The power to make orders under this section shall be exercisable by statutory instrument.

(6) An order under subsection (4) above may contain transitional provisions and savings and shall be subject to annulment in pursuance of a resolution of either House of Parliament.



Part V Information, Proceedings and Interpretation

17 Investigation of terrorist activities

(1) Schedule 7 to this Act shall have effect for conferring powers to obtain information for the purposes of terrorist investigations, that is to say--

(a) investigations into--

(i) the commission, preparation or instigation of acts of terrorism to which section 14 above applies; or

(ii) any other act which appears to have been done in furtherance of or in connection with such acts of terrorism, including any act which appears to constitute an offence under section 2, 9, 10 or 11 above or section 21 of the [1978 c. 5.] Northern Ireland (Emergency Provisions) Act 1978; or

(iii) without prejudice to sub-paragraph (ii) above, the resources of a proscribed organisation within the meaning of this Act or a proscribed organisation for the purposes of section 21 of the said Act of 1978; and

(b) investigations into whether there are grounds justifying the making of an order under section 1(2)(a) above or section 21(4) of that Act.

(2) Where in relation to a terrorist investigation a warrant or order under Schedule 7 to this Act has been issued or made or has been applied for and not refused, a person is guilty of an offence if, knowing or having reasonable cause to suspect that the investigation is taking place, he--

(a) makes any disclosure which is likely to prejudice the investigation; or

(b) falsifies, conceals or destroys or otherwise disposes of, or causes or permits the falsification, concealment, destruction or disposal of, material which is or is likely to be relevant to the investigation.

(3) In proceedings against a person for an offence under subsection (2)(a) above it is a defence to prove--

(a) that he did not know and had no reasonable cause to suspect that the disclosure was likely to prejudice the investigation; or

(b) that he had lawful authority or reasonable excuse for making the disclosure.

(4) In proceedings against a person for an offence under subsection (2)(b) above it is a defence to prove that he had no intention of concealing any information contained in the material in question from the persons carrying out the investigation.

(5) A person guilty of an offence under subsection (2) above is liable--

(a) on conviction on indictment, to imprisonment for a term not exceeding five 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.

18 Information about acts of terrorism

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(1) A person is guilty of an offence if he has information which he knows or believes might be of material assistance--

(a) in preventing the commission by any other person of an act of terrorism connected with the affairs of Northern Ireland; or

(b) in securing the apprehension, prosecution or conviction of any other person for an offence involving the commission, preparation or instigation of such an act,

Pages: P.1 | P.2 | P.3 | P.4 | P.5 | P.6

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