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

(The document as of February, 2008)

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(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,

and fails without reasonable excuse to disclose that information as soon as reasonably practicable--

(i) in England and Wales, to a constable;

(ii) in Scotland, to a constable or the procurator fiscal; or

(iii) in Northern Ireland, to a constable or a member of Her Majesty's Forces.

(2) 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.

(3) Proceedings for an offence under this section may be taken, and the offence may for the purposes of those proceedings be treated as having been committed, in any place where the person to be charged is or has at any time been since he first knew or believed that the information might be of material assistance as mentioned in subsection (1) above.

19 Prosecutions and evidence

(1) Proceedings shall not be instituted--

(a) in England and Wales for an offence under section 2, 3, 8, 9, 10, 11, 17 or 18 above or Schedule 7 to this Act except by or with the consent of the Attorney General; or

(b) in Northern Ireland for an offence under section 8, 9, 10, 11, 17 or 18 above or Schedule 7 to this Act except by or with the consent of the Attorney General for Northern Ireland.

(2) Any document purporting to be an order, notice or direction made or given by the Secretary of State for the purposes of any provision of this Act and to be signed by him or on his behalf shall be received in evidence, and shall, until the contrary is proved, be deemed to be made or given by him.

(3) A document bearing a certificate purporting to be signed by or on behalf of the Secretary of State and stating that the document is a true copy of such an order, notice or direction shall, in any legal proceedings, be evidence, and in Scotland sufficient evidence, of the order, notice or direction.

20 Interpretation

(1) In this Act--

"aircraft" includes hovercraft;
"captain" means master of a ship or commander of an aircraft;
"examining officer" has the meaning given in paragraph 1 of Schedule 5 to this Act;
"exclusion order" has the meaning given by section 4(3) above but subject to section 25(3) below;
"the Islands" means the Channel Islands or the Isle of Man;
"port" includes airport and hoverport;
"premises" includes any place and in particular includes--

(a) any vehicle, vessel or aircraft;

(b) any offshore installation as defined in section 1 of the [1971 c. 61.] Mineral Workings (Offshore Installations) Act 1971; and

"property" includes property wherever situated and whether real or personal, heritable or moveable and things in action and other intangible or incorporeal property;
"ship" includes every description of vessel used in navigation;
"terrorism" means the use of violence for political ends, and includes any use of violence for the purpose of putting the public or any section of the public in fear;
"vehicle" includes a train and carriages forming part of a train.

(2) A constable or examining officer may, if necessary, use reasonable force for the purpose of exercising any powers conferred on him under or by virtue of any provision of this Act other than paragraph 2 of Schedule 5; but this subsection is without prejudice to any provision of this Act, or of any instrument made under it, which implies that a person may use reasonable force in connection with that provision.

(3) The powers conferred by Part II and section 16 of, and Schedules 2 and 5 to, this Act shall be exercisable notwithstanding the rights conferred by section 1 of the [1971 c. 77.] Immigration Act 1971 (general principles regulating entry into and stay in the United Kingdom).

(4) Any reference in a provision of this Act to a person having been concerned in the commission, preparation or instigation of acts of terrorism shall be taken to be a reference to his having been so concerned at any time, whether before or after the passing of this Act.

Part VI Further Provisions for Northern Ireland

21 Search for munitions etc

(1) The powers conferred by this section shall be exercisable by a person (whether a member of Her Majesty's forces or a constable) carrying out a search under section 15(1) or (2) of the [1978 c. 5.] Northern Ireland (Emergency Provisions) Act 1978 (search for munitions, radio transmitters and scanning receivers).

(2) If the person carrying out the search reasonably believes that it is necessary to do so for the purpose of effectively carrying out the search or of preventing the frustration of its object he may--

(a) require any person who when the search begins is on, or during the search enters, the premises or other place where the search is carried out ("the place of search") to remain in, or in a specified part of, that place, to refrain from entering a specified part of it or to go from one specified part of it to another specified part;

(b) require any person who is not resident in the place of search to refrain from entering it; and

(3) Where by virtue of section 20 of the said Act of 1978 a search under section 15(1) or (2) of that Act is carried out in relation to a vessel, aircraft or vehicle, the person carrying out the search may, if he reasonably believes that it is necessary to do so for the purpose mentioned in subsection (2) above--

(a) require any person in or on the vessel, aircraft or vehicle to remain with it or, in the case of a vessel or vehicle which by virtue of section 20(4) of that Act is removed for the purpose of the search, to go to and remain at the place to which it is removed; and

(b) use reasonable force to secure compliance with any such requirement.

(4) No requirement imposed under this section shall have effect after the conclusion of the search in relation to which it was imposed; and no such requirement shall be imposed or have effect after the end of the period of four hours beginning with the time when that or any other requirement was first imposed under this section in relation to the search in question but a police officer of at least the rank of superintendent may extend that period by a further period of four hours if he reasonably believes that it is necessary to do so for the purpose mentioned in subsection (2) above.

(5) A person who wilfully fails to comply with a requirement imposed under this section or wilfully obstructs, or seeks to frustrate the object of, a search in relation to which such a requirement has been or could be imposed is guilty of an offence and liable--

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

(6) Sections 13 and 14 of the said Act of 1978 (powers of arrest) and section 29 of that Act (restriction of prosecutions) shall apply to an offence under subsection (5) above.

(7) At the end of section 15(3)(b) of the said Act of 1978 (power to search persons) there shall be inserted the words "and search any person entering or found in a dwelling-house entered under subsection (2) above".

(8) The powers conferred by this section are without prejudice to any powers exercisable apart from this section where a member of Her Majesty's forces or a constable is exercising a power of search.

22 Restricted remission for persons sentenced for scheduled offences

(1) The remission granted under prison rules in respect of a sentence of imprisonment passed in Northern Ireland for a scheduled offence within the meaning of the [1978 c. 5.] Northern Ireland (Emergency Provisions) Act 1978 shall not, where it is for a term of five years or more, exceed one-third of that term.

(2) Where a person is sentenced on the same occasion for two or more such offences to terms which are consecutive subsection (1) above shall apply as if those terms were a single term.

(3) Where a person is serving two or more terms which are consecutive but not all subject to subsection (1) above, the maximum remission granted under prison rules in respect of those terms taken together shall be arrived at by calculating the maximum remission for each term separately and aggregating the result.

(4) In this section "prison rules" means rules made under section 13 of the [1953 c. 18 (N.I.).] Prison Act (Northern Ireland) 1953.

(5) The Secretary of State may by order made by statutory instrument substitute a different length of sentence and a different maximum period of remission for those mentioned in subsection (1) above; and any such order shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(6) This section applies where the scheduled offence is committed while this section is in force.

23 Conviction of scheduled offence during period of remission

(1) This section applies where a person who has been sentenced to imprisonment or a term of detention in a young offenders centre for a period exceeding one year--

(a) is discharged from prison or the centre in pursuance of prison rules; and

(b) before that sentence or term of detention would (but for that discharge) have expired he commits, and is convicted on indictment of, a scheduled offence within the meaning of the [1978 c. 5.] Northern Ireland (Emergency Provisions) Act 1978.

(2) If the court before which he is convicted of the scheduled offence sentences him to imprisonment or a term of detention it shall in addition order him to be returned to prison or, where appropriate, to a young offenders centre for the period between the date of the order and the date on which the sentence of imprisonment or term of detention mentioned in subsection (1) above would have expired but for his discharge.

(3) No order shall be made under subsection (2) above if the sentence imposed by the court is a suspended sentence or a sentence of life imprisonment or of detention during the Secretary of State's pleasure under section 73(1) of the [1968 c. 34 (N.I.).] Children and Young Persons Act (Northern Ireland) 1968; and any order made by a court under that subsection shall cease to have effect if an appeal results in the acquittal of the person concerned or in the substitution of a sentence other than one in respect of which the duty imposed by that subsection applies.

(4) The period for which a person is ordered under this section to be returned to prison or a young offenders centre--

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

(b) shall not be subject to any provision of prison rules for discharge before expiry; and

(c) 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.

(5) For the purposes of this section a certificate purporting to be signed by the governor or deputy governor of a prison or young offenders centre which specifies--

(a) the date on which a person was discharged from prison or a young offenders centre;

(b) 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;

(c) 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,

shall be evidence of the matters so specified.

(6) In this section--

"prison rules" means rules made under section 13 of the [1953 c. 18 (N.I.).] Prison Act (Northern Ireland) 1953;
"sentence of imprisonment" does not include a committal in default of payment of any sum of money or for want of sufficient distress to satisfy any sum of money or for failure to do or abstain from doing anything required to be done or left undone;
"young offenders centre" has the meaning assigned to it by section 2(a) of the Treatment of Offenders Act (Northern Ireland) 1968.

(7) For the purposes of subsection (1) above consecutive terms of imprisonment or of detention in a young offenders centre shall be treated as a single term and a sentence of imprisonment or detention in a young offenders centre includes--

(a) a sentence or term passed by a court in the United Kingdom, the Channel Islands or the Isle of Man;

(b) 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 [1955 c. 18.] Army Act 1955, the [1955 c. 19.] Air Force Act 1955 and the [1957 c. 53.] Naval Discipline Act 1957.

(8) The Secretary of State may by order made by statutory instrument substitute a different period for the period of one year mentioned in subsection (1) above; and any such order shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(9) This section applies where the scheduled offence is committed while this section is in force but irrespective of when the discharge from prison or a young offenders centre took place.

24 Explosives factories, magazines and stores

(1) The grounds on which the Secretary of State may reject an application for a licence under section 6 of the [1875 c. 17.] Explosives Act 1875 (new explosives factories and magazines) shall include the ground that the establishment of the factory or magazine in question is undesirable in the interests of safeguarding national security or protecting public safety; and a licence granted under that section may be withdrawn by him on that ground at any time before it comes into force.

(2) The Secretary of State may also refuse a licence under section 15 or registration under section 21 of that Act (explosives stores and other premises for keeping explosives) on the ground that the establishment of the store or, as the case may be, the keeping of explosives on the premises in question is undesirable in the interests of safeguarding national security or protecting public safety.

Part VII Supplementary

25 Consequential amendments, repeals and transitional provisions

(1) The enactments mentioned in Schedule 8 to this Act shall have effect with the amendments there specified, being amendments consequential on the provisions of this Act.

(2) The enactments mentioned in Part I of Schedule 9 to this Act are hereby repealed to the extent specified in the third column of that Schedule; and the Orders mentioned in Part II of that Schedule are hereby revoked.

(3) Any exclusion order in force under any provision of Part II of the [1984 c. 8.] Prevention of Terrorism (Temporary Provisions) Act 1984 ("the former Act") shall have effect as if made under the corresponding provision of Part II of this Act and references in this Act to an exclusion order shall be construed accordingly.

(4) Any person who immediately before 22nd March 1989 is being detained under any provision of the former Act or of an order made under section 13 of that Act shall be treated as lawfully detained under the corresponding provision of this Act.

(5) Paragraph 2 of Schedule 5 to this Act shall not apply in relation to a person whose examination under any corresponding provision of an order made under section 13 of the former Act has begun but has not been concluded before the coming into force of that paragraph, and that provision shall continue to apply to him but any reference in this Act to examination under that paragraph shall include a reference to examination under that corresponding provision.

(6) The expiry of the former Act and its repeal by this Act shall not affect the operation of any Order in Council extending it to any of the Channel Islands or the Isle of Man; but any such Order may be revoked as if made under section 28(3) below and, notwithstanding anything contained in any such Order, shall continue in operation until revoked.

26 Expenses and receipts

There shall be paid out of money provided by Parliament--

(a) any expenses incurred under this Act by the Secretary of State or the Lord Advocate; and

(b) any increase attributable to this Act in the sums payable out of such money under any other Act;

and any sums received by the Secretary of State under this Act shall be paid into the Consolidated Fund.

27 Commencement and duration

(1) Subject to subsections (2), (3) and (4) below, this Act shall come into force on 22nd March 1989.

(2) Sections 22 to 24 shall come into force on the day after that on which this Act is passed.

(3) Schedule 3 and paragraphs 8 to 10, 18 to 20, 28 to 30 and 34 of Schedule 4 shall come into force on such day as the Secretary of State may appoint by an order made by statutory instrument; and different days may be appointed for different provisions or different purposes and for England and Wales, for Scotland and for Northern Ireland.

(4) The repeal by Schedule 9 of paragraph 9 of Schedule 7 shall come into force on the coming into force of the [1988 c. 3.] Land Registration Act 1988.

(5) The provisions of Parts I to V of this Act and of subsection (6)(c) below shall remain in force until 22nd March 1990 and shall then expire unless continued in force by an order under subsection (6) below.

(6) The Secretary of State may by order made by statutory instrument provide--

(a) that all or any of those provisions which are for the time being in force (including any in force by virtue of an order under this paragraph or paragraph (c) below) shall continue in force for a period not exceeding twelve months from the coming into operation of the order;

(b) that all or any of those provisions which are for the time being in force shall cease to be in force; or

(c) that all or any of those provisions which are not for the time being in force shall come into force again and remain in force for a period not exceeding twelve months from the coming into operation of the order.

(7) No order shall be made under subsection (6) above 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.

(8) An order under that subsection of which a draft has not been approved under section (7) 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.

(9) In reckoning for the purposes of subsection (8) above the 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.

(10) In subsection (5) above the reference to Parts I to V of this Act does not include a reference to the provisions of Parts III and V so far as they have effect in Northern Ireland and relate to proscribed organisations for the purposes of section 21 of the [1978 c. 5.] Northern Ireland (Emergency Provisions) Act 1978 or offences or orders under that section.

(11) The provisions excluded by subsection (10) above from subsection (5) and the provisions of sections 21 to 24 above shall remain in force until 22nd March 1990 and then expire but shall be--

(a) included in the provisions to which subsection (3) of section 33 of the said Act of 1978 applies (provisions that can be continued in force, repealed or revived by order); and

(b) treated as part of that Act for the purposes of subsection (9) of that Act (repeal on 14th May 1992).

(12) The expiry or cesser of sections 22 and 23 above shall not affect the operation of those sections in relation to an offence committed while they were in force.

28 Short title and extent

(1) This Act may be cited as the Prevention of Terrorism (Temporary Provisions) Act 1989.

(2) This Act extends to the whole of the United Kingdom except that--

(a) Part I and section 15(1) do not extend to Northern Ireland and sections 21 to 24, Part III of Schedule 4 and the repeal in Schedule 9 relating to the [1875 c. 17.] Explosives Act 1875 extend only to Northern Ireland;

(b) section 15(10), Part I of Schedule 4 and paragraph 7(6) of Schedule 5 extend only to England and Wales;

(d) Part I of Schedule 7 extends only to England, Wales and Northern Ireland; and

(e) subject to paragraph (a) above, the amendments and repeals in Schedules 8 and 9 have the same extent as the enactments to which they refer.

(3) Her Majesty may by Order in Council direct that any of the provisions of this Act shall extend, with such exceptions, adaptations and modifications, if any, as may be specified in the Order, to any of the Channel Islands and the Isle of Man.

SCHEDULES

Section 1.

SCHEDULE 1 Proscribed Organisations

Irish Republican Army

Irish National Liberation Army

Section 4(4).

SCHEDULE 2 Exclusion Orders

Duration

1 (1) An exclusion order may be revoked at any time by a further order made by the Secretary of State.

(2) An exclusion order shall, unless revoked earlier, expire at the end of the period of three years beginning with the day on which it is made.

(3) The fact that an exclusion order against a person has been revoked or has expired shall not prevent the making of a further exclusion order against him.

Notice of making of order

2 (1) As soon as may be after the making of an exclusion order, notice of the making of the order shall be served on the person against whom it has been made; and the notice shall--

(a) set out the rights afforded to him by paragraph 3 below; and

(b) specify the manner in which those rights are to be exercised.

(2) Sub-paragraph (1) above shall not impose an obligation to take any steps to serve a notice on a person at a time when he is outside the United Kingdom.

(3) Where the person against whom an exclusion order is made is not for the time being detained by virtue of this Act, the notice of the making of the order may be served on him by posting it to him at his last known address.

Right to make representations

3 (1) If after being served with notice of the making of an exclusion order the person against whom it is made objects to the order he may--

(a) make representations in writing to the Secretary of State setting out the grounds of his objections; and

(b) include in those representations a request for a personal interview with the person or persons nominated by the Secretary of State under sub-paragraph (5) below.

(2) Subject to sub-paragraphs (3) and (4) below, a person against whom an exclusion order has been made must exercise the rights conferred by sub-paragraph (1) above within seven days of the service of the notice.

(3) Where before the end of that period--

(a) he has consented to his removal under paragraph 5 below from Great Britain, Northern Ireland or the United Kingdom, as the case may be; and

(b) he has been removed accordingly,

he may exercise the rights conferred by sub-paragraph (1) above within fourteen days of his removal.

(4) Where at the time when the notice of an exclusion order is served on a person he is in a part of the United Kingdom other than that from which the order excludes him he may exercise the rights conferred by sub-paragraph (1) above within fourteen days of the service of the notice.

(5) If a person exercises those rights within the period within which they are required to be exercised by him, the matter shall be referred for the advice of one or more persons nominated by the Secretary of State.

(6) Where sub-paragraph (2) above applies, the person against whom the exclusion order has been made shall be granted a personal interview with the person or persons so nominated.

(7) Where sub-paragraph (3) or (4) above applies, the person against whom the exclusion order has been made shall be granted a personal interview with the person or persons so nominated if it appears to the Secretary of State that it is reasonably practicable to grant him such an interview in an appropriate country or territory within a reasonable period from the date on which he made his representations.

(8) In sub-paragraph (7) above "an appropriate country or territory" means--

(a) Northern Ireland or the Republic of Ireland if the exclusion order was made under section 5 of this Act;

(b) Great Britain or the Republic of Ireland if it was made under section 6 of this Act;

(9) Where it appears to the Secretary of State that it is reasonably practicable to grant a personal interview in more than one appropriate country or territory he may grant the interview in whichever of them he thinks fit.

(10) It shall be for the Secretary of State to determine the place in any country or territory at which an interview under this paragraph is to be granted.

Reconsideration of exclusion order following representations

4 (1) Where the Secretary of State receives representations in respect of an exclusion order under paragraph 3 above he shall reconsider the matter as soon as reasonably practicable after receiving the representations and any report of an interview relating to the matter which has been granted under that paragraph.

(2) In reconsidering a matter under this paragraph the Secretary of State shall take into account everything which appears to him to be relevant and in particular--

(a) the representations relating to the matter made to him under paragraph 3 above;

(b) the advice of the person or persons to whom the matter was referred by him under that paragraph; and

(3) The Secretary of State shall thereafter, if it is reasonably practicable to do so, give notice in writing to the person against whom the exclusion order has been made of any decision he takes as to whether or not to revoke the order.

Powers of removal

5 Where an exclusion order has been made against a person and notice of the making of the order has been served on him, the Secretary of State may have him removed from the relevant territory--

(a) if he consents;

(b) if the period mentioned in paragraph 3(2) above has expired and he has not made representations relating to the matter in accordance with that paragraph; or

(c) if he has made such representations but the Secretary of State has notified him that he has decided not to revoke the order.

Removal directions

6 (1) The Secretary of State may in accordance with the following provisions of this paragraph give directions for the removal from the relevant territory of any person subject to an exclusion order; but a person shall not be removed in pursuance of the directions until notice of the making of the order has been served on him and one of the conditions in paragraph 5(a), (b) and (c) above is fulfilled.

(2) Directions under this paragraph above may be--

(a) directions given to the captain of a ship or aircraft about to leave the relevant territory requiring him to remove the person in question from that territory in that ship or aircraft; or

(b) directions given to the owners or agents of any ship or aircraft requiring them to make arrangements for the removal from the relevant territory of the person in question in a ship or aircraft specified or indicated in the directions; or

(c) directions for the removal from the relevant territory of the person in question in accordance with arrangements to be made by the Secretary of State;

and any such directions shall specify the country or territory to which the person in question is to be removed.

(3) Directions under this paragraph may also be given for the removal of a person by land to the Republic of Ireland; and those directions may be--

(a) directions given to the driver or owner of any vehicle (being, in the case of a private vehicle, one in which that person arrived in Northern Ireland) requiring him to remove the person in question to the Republic of Ireland in a vehicle specified in the directions; or

(b) directions for the removal of the person in question in accordance with arrangements to be made by the Secretary of State.

(4) No directions under this paragraph shall be for the removal of a person to any country or territory other than one--

(a) of which the person in question is a national or citizen;

(b) in which he obtained a passport or other document of identity; or

and no such directions shall be given for the removal of a British citizen, a British Dependent Territories citizen, a British Overseas citizen or a British National (Overseas) to a country or territory outside the United Kingdom unless he is also a national or citizen of, or has indicated that he is willing to be removed to, that country or territory.

(5) Where--

(a) a person is found on examination under Schedule 5 to this Act to be subject to an exclusion order; or

(b) an exclusion order is made against a person following such an examination,

the power to give directions for his removal under any provision of this paragraph except sub-paragraphs (2)(c) and (3)(b) shall be exercisable by an examining officer as well as by the Secretary of State; and where any such person has arrived in a ship or aircraft (including arrival as a transit passenger, member of the crew or other person not seeking to enter Great Britain or Northern Ireland) the countries or territories to which he may be directed to be removed under sub-paragraph (2) above include the country or territory in which he embarked on that ship or aircraft.

(6) A person in respect of whom directions are given under this paragraph may be placed under the authority of the Secretary of State or an examining officer on board any ship or aircraft or, as the case may be, in or on any vehicle in which he is to be removed in accordance with the directions.

(7) The costs of complying with any directions under this paragraph shall be defrayed by the Secretary of State.

(8) Any person who without reasonable excuse fails to comply with directions given to him under this paragraph is guilty of an offence and liable on summary conviction to imprisonment for a term not exceeding three months or a fine not exceeding level 4 on the standard scale or both.

(9) In this paragraph "the relevant territory" means--

(a) in relation to a person subject to an exclusion order made under section 5 of this Act, Great Britain;

(b) in relation to a person subject to an exclusion order made under section 6 of this Act, Northern Ireland; and

Detention pending removal

7 (1) A person in respect of whom directions for removal may be given under paragraph 6 above may be detained pending the giving of such directions and pending removal in pursuance of the directions under the authority of the Secretary of State or, if the directions are to be or have been given by an examining officer, of such an officer.

(2) A person liable to be detained under this paragraph may be arrested without warrant by an examining officer.

(3) The captain of a ship or aircraft, if so required by an examining officer, shall prevent any person placed on board the ship or aircraft under paragraph 6 above from disembarking in the relevant territory or, before the directions for his removal have been fulfilled, elsewhere.

(4) Where under sub-paragraph (3) above the captain of a ship or aircraft is required to prevent a person from disembarking he may for that purpose detain him in custody on board the ship or aircraft.

(5) The captain of a ship or aircraft who fails to take reasonable steps to comply with a requirement imposed under sub-paragraph (3) above 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 4 on the standard scale or both.

(6) A person may be removed from a vehicle for detention under this paragraph.

(7) In this paragraph "relevant territory" has the same meaning as in paragraph 6 above.

Detention : supplementary provisions

8 (1) If a justice of the peace is satisfied that there are reasonable grounds for suspecting that a person liable to be arrested under paragraph 7(2) 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 sub-paragraph (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 Northern Ireland an application for a warrant under sub-paragraph (1) above shall be made by a complaint on oath.

(4) A person detained under this Schedule shall be deemed to be in legal custody at any time when he is so detained and, if detained otherwise than on board a ship or aircraft, may be detained in such a place as the Secretary of State may from time to time direct.

(5) Where a person is detained under this Schedule, any examining officer, 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.

(6) Any person detained under this Schedule may be taken in the custody of a constable or an examining officer, or of any person acting under the authority of an examining officer, to and from any place where his attendance is required for the purpose of establishing his nationality or citizenship or for making arrangements for his admission to a country or territory outside the United Kingdom or where he is required to be for any other purpose connected with the operation of this Act.

Exemption from exclusion orders

9 (1) When any question arises under this Act whether a person is exempted from the provisions of section 5, 6 or 7 of this Act it shall be for the person asserting that he is exempt to prove it.

(2) A person is not to be treated as ordinarily resident in Great Britain for the purposes of the exemption in section 5(4)(a) of this Act or in Northern Ireland for the purpose of the exemption in section 6(4)(a) of this Act at a time when he is there in breach of--

(a) an exclusion order; or

(b) the [1971 c. 77.] Immigration Act 1971 or any law for purposes similar to that Act in force in the United Kingdom after the passing of this Act.

(3) In each of those exemptions "the last three years" is to be taken as a period amounting in total to three years exclusive of any time during which the person claiming exemption was undergoing imprisonment or detention for a period of six months or more by virtue of a sentence passed for an offence on a conviction in the United Kingdom or in any of the Islands.

(4) In sub-paragraph (3) above--

(a) "sentence" includes any order made on conviction of an offence;

(b) two or more sentences for consecutive (or partly consecutive) terms shall be treated as a single sentence;

(i) at any time when he is liable to imprisonment or detention by virtue of the sentence but is unlawfully at large; and

(ii) during any period of custody by which under any relevant enactment the term to be served under the sentence is reduced.

(5) In sub-paragraph (4)(c)(ii) above "relevant enactment" means section 67 of the [1967 c. 80.] Criminal Justice Act 1967 and any similar enactment which is for the time being or has (before or after the passing of this Act) been in force in any part of the United Kingdom or in any of the Islands.

Sections 4(5), 14(6) and 16(2).

SCHEDULE 3 Supervision of Detention and Examination Powers

Detention pending removal

1 (1) Where a person is detained under paragraph 7 of Schedule 2 to this Act under the authority of an examining officer his detention shall be periodically reviewed in accordance with this paragraph by a review officer and shall not continue unless that officer has authorised it to continue.

(2) The reviews shall be carried out as follows--

(a) the first review shall be as soon as practicable after the beginning of the detention; and

(b) the subsequent reviews shall be at intervals of not more than twelve hours.

(3) On any such review the review officer shall authorise the continued detention of the person in question if, and only if, he is satisfied that steps for giving directions for his removal or for removing him in pursuance of the directions are being taken diligently and expeditiously.

Examination without detention

2 (1) Where a person has been required by a notice under paragraph 2(4) of Schedule 5 to this Act to submit to further examination but is not detained under paragraph 6 of that Schedule his further examination shall be reviewed by a review officer not later than twelve hours after the beginning of the examination and shall not continue unless that officer has authorised it to continue.

(2) The review officer shall authorise the examination to continue if, and only if, he is satisfied that the enquiries necessary to complete the examination are being carried out diligently and expeditiously.

Detention for examination or as suspected person

3 (1) Where a person is detained under section 14 of this Act or under paragraph 6 of Schedule 5 to this Act his detention shall be periodically reviewed in accordance with this paragraph by a review officer and shall not continue unless--

(a) that officer has authorised it to continue; or

(b) an application has been made to the Secretary of State for an extension of the period of detention under subsection (5) of that section or sub-paragraph (3) of that paragraph.

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

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