Terrorism Act 2000 (c. 11)

(The document as of February, 2008)

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Grounds for extension

32 (1) A judicial authority may issue a warrant of further detention only if satisfied that--

(a) there are reasonable grounds for believing that the further detention of the person to whom the application relates is necessary to obtain relevant evidence whether by questioning him or otherwise or to preserve relevant evidence, and

(b) the investigation in connection with which the person is detained is being conducted diligently and expeditiously.

(2) In sub-paragraph (1) "relevant evidence" means, in relation to the person to whom the application relates, evidence which--

(a) relates to his commission of an offence under any of the provisions mentioned in section 40(1)(a), or

(b) indicates that he is a person falling within section 40(1)(b).

Representation

33 (1) The person to whom an application relates shall--

(a) be given an opportunity to make oral or written representations to the judicial authority about the application, and

(b) subject to sub-paragraph (3), be entitled to be legally represented at the hearing.

(2) A judicial authority shall adjourn the hearing of an application to enable the person to whom the application relates to obtain legal representation where--

(a) he is not legally represented,

(b) he is entitled to be legally represented, and

(c) he wishes to be so represented.

(3) A judicial authority may exclude any of the following persons from any part of the hearing--

(a) the person to whom the application relates;

(b) anyone representing him.

Information

34 (1) The officer who has made an application for a warrant may apply to the judicial authority for an order that specified information upon which he intends to rely be withheld from--

(a) the person to whom the application relates, and

(b) anyone representing him.

(2) Subject to sub-paragraph (3), a judicial authority may make an order under sub-paragraph (1) in relation to specified information only if satisfied that there are reasonable grounds for believing that if the information were disclosed--

(a) evidence of an offence under any of the provisions mentioned in section 40(1)(a) would be interfered with or harmed,

(b) the recovery of property obtained as a result of an offence under any of those provisions would be hindered,

(c) the recovery of property in respect of which a forfeiture order could be made under section 23 would be hindered,

(d) the apprehension, prosecution or conviction of a person who is suspected of falling within section 40(1)(a) or (b) would be made more difficult as a result of his being alerted,

(e) the prevention of an act of terrorism would be made more difficult as a result of a person being alerted,

(f) the gathering of information about the commission, preparation or instigation of an act of terrorism would be interfered with, or

(g) a person would be interfered with or physically injured.

(3) A judicial authority may also make an order under sub-paragraph (1) in relation to specified information if satisfied that there are reasonable grounds for believing that--

(a) the detained person has committed an offence to which Part VI of the [1988 c. 33.] Criminal Justice Act 1988, Part I of the [1995 c. 43.] Proceeds of Crime (Scotland) Act 1995, or the [S.I. 1996/1299 (N.I. 9).] Proceeds of Crime (Northern Ireland) Order 1996 (confiscation of the proceeds of an offence) applies,

(b) the detained person has benefited from the offence within the meaning of that Part or Order, and

(c) the recovery of the value of that benefit would be hindered, if the information were disclosed.

(4) The judicial authority shall direct that the following be excluded from the hearing of the application under this paragraph--

(a) the person to whom the application for a warrant relates, and

(b) anyone representing him.

Adjournments

35 (1) A judicial authority may adjourn the hearing of an application for a warrant only if the hearing is adjourned to a date before the expiry of the period mentioned in section 41(3).

(2) This paragraph shall not apply to an adjournment under paragraph 33(2).

Extensions of warrants

36 (1) A police officer of at least the rank of superintendent may apply to a judicial authority for the extension or further extension of the period specified in a warrant of further detention.

(2) Where the period specified is extended, the warrant shall be endorsed with a note stating the new specified period.

(3) The specified period shall end not later than the end of the period of seven days beginning--

(a) with the time of the person's arrest under section 41, or

(b) if he was being detained under Schedule 7 when he was arrested under section 41, with the time when his examination under that Schedule began.

(4) Paragraphs 30(3) and 31 to 34 shall apply to an application under this paragraph as they apply to an application for a warrant of further detention.

(5) A judicial authority may adjourn the hearing of an application under sub-paragraph (1) only if the hearing is adjourned to a date before the expiry of the period specified in the warrant.

(6) Sub-paragraph (5) shall not apply to an adjournment under paragraph 33(2).

Detention - conditions

37 A person detained by virtue of a warrant issued under this Part shall (unless detained in accordance with section 41(5) or (6) or under any other power) be released immediately if the officer having custody of him becomes aware that any of the grounds under paragraph 32(1)(a) and (b) upon which the judicial authority authorised his further detention have ceased to apply.

Section 65.

SCHEDULE 9 Scheduled Offences

Part I Substantive Offences

Common law offences

1 Murder subject to note 1 below.

2 Manslaughter subject to note 1 below.

3 Riot subject to note 1 below.

4 Kidnapping subject to note 1 below.

5 False imprisonment subject to note 1 below.

Malicious Damage Act 1861 (c. 97)

6 Offences under section 35 of the [1861 c. 97] Malicious Damage Act 1861 (interference with railway) subject to note 1 below.

Offences against the Person Act 1861 (c. 100)

7 Offences under the following provisions of the [1861 c. 100.] Offences against the Person Act 1861 subject to note 1 below--

(a) section 4 (offences relating to murder),

(b) section 16 (threats to kill),

(c) section 18 (wounding with intent to cause grievous bodily harm),

(d) section 20 (causing grievous bodily harm),

(e) section 29 (causing explosion or sending explosive substance or throwing corrosive liquid with intent to cause grievous bodily harm), and

(f) section 47 (assault occasioning actual bodily harm).

Explosive Substances Act 1883 (c. 3)

8 Offences under the following provisions of the [1883 c. 3.] Explosive Substances Act 1883 subject to note 1 below--

(a) section 2 (causing explosion likely to endanger life or damage property),

(b) section 3 (intending or conspiring to cause any such explosion, and making or possessing explosive with intent to endanger life or cause serious damage to property), and

(c) section 4 (making or possessing explosives in suspicious circumstances).

Prison Act (Northern Ireland) 1953 (c. 18 (N.I.))

9 Offences under the following provisions of the [1953 c. 18(N.I.).] Prison Act (Northern Ireland) 1953 subject to note 1 below--

(a) section 25 (being unlawfully at large while under sentence),

(b) section 26 (escaping from lawful custody and failing to surrender to bail),

(c) section 27 (attempting to break prison),

(d) section 28 (breaking prison by force or violence),

(e) section 29 (rescuing or assisting or permitting to escape from lawful custody persons under sentence of death or life imprisonment),

(f) section 30 (rescuing or assisting or permitting to escape from lawful custody persons other than persons under sentence of death or life imprisonment),

(g) section 32 (causing discharge of prisoner under pretended authority), and

(h) section 33 (assisting prisoners to escape by conveying things into prisons).

Theft Act (Northern Ireland) 1969 (c. 16 (N.I.))

10 Offences under the following provisions of the [1969 c. 16(N.I.).] Theft Act (Northern Ireland) 1969--

(a) section 1 (theft) subject to note 2 below,

(b) section 8 (robbery) subject to notes 1 and 3 below,

(c) section 9 (burglary) subject to note 2 below,

(d) section 10 (aggravated burglary) subject to notes 1 and 3 below,

(e) section 15 (obtaining property by deception) subject to note 2 below, and

(f) section 20 (blackmail) subject to notes 1 and 2 below.

Protection of the Person and Property Act (Northern Ireland) 1969 (c. 29 (N.I.))

11 Offences under the following provisions of the [1969 c. 29(N.I.).] Protection of the Person and Property Act (Northern Ireland) 1969 subject to note 1 below--

(a) section 1 (intimidation),

(b) section 2 (making or possessing petrol bomb, etc. in suspicious circumstances), and

(c) section 3 (throwing or using petrol bomb, etc.).

Hijacking

12 Offences under section 1 of the [1982 c. 36.] Aviation Security Act 1982 (aircraft) subject to note 1 below.

13 Offences in Northern Ireland under section 2 of the [1975 c. 59.] Criminal Jurisdiction Act 1975 (vehicles or ships) subject to note 1 below.

Criminal Damage (Northern Ireland) Order 1977 (S.I. 1977/426 (N.I. 4))

14 Offences under the following provisions of the [S.I. 1977/426 (N.I. 4).] Criminal Damage (Northern Ireland) Order 1977 subject to note 1 below--

(a) Article 3(1) and (3) or Article 3(2) and (3) (arson),

(b) Article 3(2) (destroying or damaging property with intent to endanger life),

(c) Article 4 (threats to destroy or damage property), and

(d) Article 5 (possessing anything with intent to destroy or damage property).

Criminal Law (Amendment) (Northern Ireland) Order 1977 (S.I. 1977/1249 (N.I. 16))

15 Offences under Article 3 of the [S.I. 1977/1249 (N.I. 16] Criminal Law (Amendment) (Northern Ireland) Order 1977 (bomb hoaxes) subject to note 1 below.

Firearms (Northern Ireland) Order 1981 (S.I. 1981/155 (N.I. 2))

16 Offences under the following provisions of the [S.I. 1981/155 (N.I. 2] Firearms (Northern Ireland) Order 1981 subject to note 1 below--

(a) Article 4(1), (2), (3) or (4) (manufacturing, dealing in, repairing, etc, firearm or ammunition without being registered),

(b) Article 5 (shortening barrel of shot gun or converting imitation firearm into firearm),

(c) Article 6(1) (manufacturing, dealing in or possessing certain weapons, etc.),

(d) Article 17 (possessing firearm or ammunition with intent to endanger life or cause serious damage to property),

(e) Article 18 (use or attempted use of firearm or imitation firearm to prevent arrest of self or another etc.),

(f) Article 19 (carrying firearm or imitation firearm with intent to commit indictable offence or prevent arrest of self or another),

(g) Article 20 (carrying firearm, etc. in public place) subject to note 4 below,

(h) Article 22 (possession of firearm or ammunition by person who has been sentenced to imprisonment, etc. and sale of firearm or ammunition to such a person), and

(i) Article 23 (possessing firearm or ammunition in suspicious circumstances).

Taking of Hostages Act 1982 (c. 28)

17 Offences under the [1982 c. 28] Taking of Hostages Act 1982 subject to note 1 below.

Nuclear Material (Offences) Act 1983 (c. 18)

18 Offences under section 2 of the [1983 c. 18] Nuclear Material (Offences) Act 1983 (offences involving nuclear material: preparatory acts and threats) subject to note 1 below.

Computer Misuse Act 1990 (c. 18)

19 Offences under the following provisions of the [1990 c. 18] Computer Misuse Act 1990 subject to note 1 below--

(a) section 1 (unauthorised access to computer material),

(b) section 2 (unauthorised access with intent to commit further offence), and

(c) section 3 (unauthorised modification).

Aviation and Maritime Security Act 1990 (c. 31)

20 Offences under the following provisions of the [1990 c. 31] Aviation and Maritime Security Act 1990 subject to note 1 below--

(a) section 1 (endangering safety at aerodromes),

(b) section 9 (hijacking of ships), and

(c) section 10 (seizing or exercising control of fixed platforms).

Channel Tunnel (Security) Order 1994 (S.I. 1994/570)

21 Offences under the following provisions of [S.I. 1994/570] the Channel Tunnel (Security) Order 1994 subject to note 1 below--

(a) Article 4 (hijacking of Channel Tunnel trains), and

(b) Article 5 (seizing or exercising control of the tunnel system).

This Act

22 Offences under the following provisions of this Act--

(a) section 11,

(b) section 12,

(c) section 13,

(d) sections 15 to 19,

(e) section 54,

(f) section 56,

(g) section 57,

(h) section 58,

(i) section 103,

(j) paragraph 37 of Schedule 4,

(k) Schedule 5,

(l) paragraph 10 of Schedule 10 subject to note 1 below, and

(m) paragraphs 2 and 3 of Schedule 13 subject to note 1 below.

Notes

1 Any offence specified in this Part of this Schedule which is stated to be subject to this note is not a scheduled offence in any particular case in which the Attorney General for Northern Ireland certifies that it is not to be treated as a scheduled offence.

2 An offence specified in paragraph 10(a), (c) or (e) is a scheduled offence only where it is charged that the offence was committed in relation to or by means of nuclear material within the meaning of the [1983 c. 18.] Nuclear Material (Offences) Act 1983; and the Attorney General for Northern Ireland shall not certify that the offence specified in paragraph 10(f) is not to be treated as a scheduled offence in a case where it is charged that the offence was so committed.

3 An offence specified in paragraph 10(b) or (d) is a scheduled offence only where it is charged--

(a) that an explosive, firearm, imitation firearm or weapon of offence was used to commit the offence, or

(b) that the offence was committed in relation to or by means of nuclear material within the meaning of the [1983 c. 18.] Nuclear Material (Offences) Act 1983;

and expressions defined in section 10 of the [1969 c. 16(N.I.).] Theft Act (Northern Ireland) 1969 have the same meaning when used in this note.

4 The offence specified in paragraph 16(g) is a scheduled offence only where it is charged that the offence relates to a weapon other than an air weapon.

Part II Inchoate and Related Offences

Each of the following offences, that is to say--

(a) aiding, abetting, counselling, procuring or inciting the commission of an offence specified in Part I of this Schedule (hereafter in this paragraph referred to as a "substantive offence"),

(b) attempting or conspiring to commit a substantive offence,

(c) an offence under section 4 of the [1967 c. 18(N.I.).] Criminal Law Act (Northern Ireland) 1967 of doing any act with intent to impede the arrest or prosecution of a person who has committed a substantive offence, and

(d) an offence under section 5(1) of the [1967 c. 18(N.I.).] Criminal Law Act (Northern Ireland) 1967 of failing to give information to a constable which is likely to secure, or to be of material assistance in securing, the apprehension, prosecution or conviction of a person for a substantive offence,

shall be treated for the purposes of Part VII of this Act as if it were the substantive offence.

Part III Extra-Territorial Offences

Any extra-territorial offence as defined in section 1(3) of the [1975 c. 59.] Criminal Jurisdiction Act 1975.

Note

An extra-territorial offence is not a scheduled offence in any particular case in which the Attorney General for Northern Ireland certifies that it is not to be treated as a scheduled offence.

Section 84.

SCHEDULE 10 Munitions and Transmitters: Search and Seizure

Interpretation

1 (1) In this Schedule "officer" means--

(a) a member of Her Majesty's forces on duty, and

(b) a constable.

(2) In this Schedule "authorised officer" means--

(a) a member of Her Majesty's forces who is on duty and is authorised by a commissioned officer of those forces, and

(b) a constable who is authorised by an officer of the Royal Ulster Constabulary of at least the rank of inspector.

(3) In this Schedule--

• "munitions" means--

  (a)

  explosives, firearms and ammunition, and

  (b)

  anything used or capable of being used in the manufacture of an explosive, a firearm or ammunition,

• "scanning receiver" means apparatus (or a part of apparatus) for wireless telegraphy designed or adapted for the purpose of automatically monitoring selected frequencies, or automatically scanning a selected range of frequencies, so as to enable transmissions on any of those frequencies to be detected or intercepted,

• "transmitter" means apparatus (or a part of apparatus) for wireless telegraphy designed or adapted for emission, as opposed to reception,

• "wireless apparatus" means a scanning receiver or a transmitter, and

• "wireless telegraphy" has the same meaning as in section 19(1) of the [1949 c. 54.] Wireless Telegraphy Act 1949.

Entering premises

2 (1) An officer may enter and search any premises for the purpose of ascertaining--

(a) whether there are any munitions unlawfully on the premises, or

(b) whether there is any wireless apparatus on the premises.

(2) An officer may not enter a dwelling under this paragraph unless he is an authorised officer and he reasonably suspects that the dwelling--

(a) unlawfully contains munitions, or

(b) contains wireless apparatus.

3 If it is necessary for the purpose of carrying out a search under paragraph 2 (including a search of a dwelling) an officer may be accompanied by other persons.

4 (1) If the officer carrying out a search of premises under paragraph 2 reasonably believes that it is necessary in order to carry out the search or to prevent it from being frustrated, he may--

(a) require a person who is on the premises when the search begins, or who enters during the search, to remain on the premises;

(b) require a person mentioned in paragraph (a) to remain in a specified part of the premises;

(c) require a person mentioned in paragraph (a) to refrain from entering a specified part of the premises;

(d) require a person mentioned in paragraph (a) to go from one specified part of the premises to another;

(e) require a person who is not a resident of the premises to refrain from entering them.

(2) A requirement imposed under this paragraph shall cease to have effect after the conclusion of the search in relation to which it was imposed.

(3) Subject to sub-paragraph (4), no requirement under this paragraph for the purposes of a search shall be imposed or have effect after the end of the period of four hours beginning with the time when the first (or only) requirement is imposed in relation to the search.

(4) An officer of the Royal Ulster Constabulary of at least the rank of superintendent may extend the period mentioned in sub-paragraph (3) in relation to a search by a further period of four hours if he reasonably believes that it is necessary to do so in order to carry out the search or to prevent it from being frustrated.

(5) The power to extend a period conferred by sub-paragraph (4) may be exercised only once in relation to a particular search.

5 Section 114(2) has effect for the purposes of this Schedule in relation to a member of Her Majesty's forces as it has effect in relation to a constable.

Stopping and searching persons

6 (1) An officer may--

(a) stop a person in a public place, and

(b) search him for the purpose of ascertaining whether he has munitions unlawfully with him or wireless apparatus with him.

(2) An officer may search a person who--

(a) is not in a public place, and

(b) whom the officer reasonably suspects to have munitions unlawfully with him or to have wireless apparatus with him.

(3) An officer may search a person entering or found in a dwelling entered under paragraph 2.

Seizure

7 (1) This paragraph applies where an officer is empowered by virtue of any provision of Part VII of this Act to search premises or a person.

(2) The officer may--

(a) seize any munitions found in the course of the search (unless it appears to him that the munitions are being, have been and will be used only lawfully), and

(b) retain and, if necessary, destroy them.

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