Northern Ireland (Emergency Provisions) Act 1991 (c. 24)

(The document as of February, 2008)

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37 Issue, duration and revocation of certificates

(1) Where an application for a certificate under this Part of this Act has been made to the Secretary of State in accordance with section 36 above, the Secretary of State may only refuse to issue such a certificate to the applicant in a case where he is satisfied that an organisation falling within subsection (8) below would be likely to benefit from the issue of the certificate or that the applicant has persistently failed to comply with the requirements of this Part of this Act; and if the Secretary of State refuses to issue a certificate he shall notify the applicant of the refusal.

(2) A certificate under this Part of this Act shall come into force at the beginning of the day on which it is issued and, subject to subsection (3) below, shall expire at the end of the period of twelve months beginning with that day.

(3) Where the certificate is issued to a person who already holds a certificate in force under this Part of this Act, the new certificate shall expire at the end of the period of twelve months beginning with the day following that on which that person's current certificate expires.

(4) The Secretary of State may from time to time by order substitute for the period specified in each of subsections (2) and (3) above such period exceeding twelve months as is specified in the order.

(5) Subject to subsection (6) below, the Secretary of State may revoke a certificate in force under this Part of this Act if he is satisfied that an organisation falling within subsection (8) below would be likely to benefit from the certificate remaining in force or that the holder of the certificate has persistently failed to comply with the requirements of this Part of this Act.

(6) The Secretary of State shall not revoke a certificate under subsection (5) above unless the holder of the certificate--

(a) has been notified of the Secretary of State's intention to revoke it, and

(b) has been given a reasonable opportunity of making representations to the Secretary of State.

(7) If the Secretary of State revokes a certificate under subsection (5) above, he shall forthwith notify the holder of the certificate of its revocation.

(8) An organisation falls within this subsection if--

(a) it is for the time being a proscribed organisation; or

(b) it appears to the Secretary of State to be closely associated with an organisation which is for the time being a proscribed organisation.

(9) In this section "benefit" means benefit whether directly or indirectly and whether financially or in any other way.

38 Duty to notify Secretary of State of changes of personnel

(1) Where--

(a) an application has been made by any person under section 36 above, and

(b) that person proposes to employ a person as a security guard as from a relevant time, and

(c) information concerning the proposed employee was not furnished to the Secretary of State in pursuance of section 36(1)(b)(iii) at the time when the application was made,

the person who made the application shall, not later than fourteen days before that relevant time, notify to the Secretary of State such information concerning the proposed employee as the Secretary of State may specify.

(2) Where an application has been made by any person under section 36 above, that person shall notify to the Secretary of State such information concerning any change to which this subsection applies as the Secretary of State may specify, and shall so notify any such information--

(a) not later than fourteen days before the change occurs; or

(b) if that is not reasonably practicable, as soon as is reasonably practicable.

(3) Subsection (2) above applies--

(a) in relation to an application made by a partnership or by a member of a partnership, to any change occurring at a relevant time in the members of the partnership, and

(b) in relation to an application made by a body corporate, to any change occurring at a relevant time in the officers of that body,

unless the change involves a person becoming a partner or officer and information relating to that change was furnished to the Secretary of State in pursuance of section 36(1)(b)(iv) or (v) above at the time when the application was made.

(4) Any person who contravenes subsection (1) or (2) 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 5 on the standard scale or both.

(5) In this section "relevant time", in relation to an application made under section 36 above, means a time when--

(a) the application has been neither granted nor refused by the Secretary of State; or

(b) a certificate issued in pursuance of the application is in force under this Part of this Act;

and subsections (3) and (4) of that section apply also for the purposes of this section.

39 Records of employees

(1) A constable may enter any premises where a business involving the provision of security services is carried on and require to be produced for his inspection any records kept there of persons employed as security guards.

(2) A constable exercising the powers conferred by subsection (1) above shall identify himself to the person appearing to be in charge of the premises in question and, if not in uniform, shall produce to that person documentary evidence that he is a constable.

(3) Any person who without reasonable excuse fails to produce for inspection any records required to be produced under subsection (1) 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 5 on the standard scale or both.

(4) Any person providing security services for reward who makes or keeps records of persons employed by him as security guards which he knows to be false or misleading in a material respect 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.

40 Payments in respect of the provision of security services

(1) Any person who, in respect of the provision of security services, pays any sum of money to a person who is neither--

(a) the holder of a certificate in force under this Part of this Act, nor

(b) a person acting on behalf of the holder of such a certificate,

is guilty of an offence.

(2) A person guilty of an offence under subsection (1) above is 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.

(3) It shall be a defence for a person charged with an offence under subsection (1) above to prove that, at the time when he paid the money in question, he had reasonable grounds for believing that the person to whom he paid it was, or was acting on behalf of, the holder of a certificate in force under this Part of this Act.

41 Liability of directors, etc

(1) Where an offence under this Part of this Act which has been committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate, or any person purporting to act in any such capacity, he as well as the body corporate shall be guilty of that offence and be liable to be proceeded against and punished accordingly.

(2) Where the affairs of a body corporate are managed by its members, subsection (1) above shall apply in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate.

42 Notifications

(1) Any notification given under this Part of this Act shall be in writing.

(2) Any notification required by this Part of this Act to be given by any person to the Secretary of State may be sent to him by post.

(3) Any notification required by this Part of this Act to be given by the Secretary of State to any person may--

(a) if that person is an individual, be sent to him by post addressed to him at his usual or last-known place of residence or business;

(b) if that person is a partnership, be sent to a partner, or to a person having the control or management of the partnership business, at the principal office of the partnership; or

(c) if that person is a body corporate, be sent to the secretary or clerk of that body at its registered or principal office.

(4) This section is without prejudice to any other lawful method of giving a notification.

Part VII Persons in Police Custody under Terrorism Provisions

43 The terrorism provisions and police custody

(1) In this Part of this Act "the terrorism provisions" means section 14 of the [1989 c. 4.] Prevention of Terrorism (Temporary Provisions) Act 1989 and any provision of Schedule 2 or 5 to that Act conferring a power of arrest or detention.

(2) A person is held in police custody for the purposes of this Part of this Act if he is detained at a police station or is detained elsewhere in the charge of a constable except that a person who is at a court after being charged with an offence is not held in police custody for the purposes of section 44 below.

44 Right to have someone informed of detention under terrorism provisions

(1) A person who is detained under the terrorism provisions and is being held in police custody shall be entitled, if he so requests, to have one friend or relative or other person who is known to him or is likely to take an interest in his welfare told that he is being detained under those provisions and where he is being held in police custody.

(2) A person shall be informed of the right conferred on him by subsection (1) above as soon as practicable after he has become a person to whom that subsection applies.

(3) A request made by a person under subsection (1) above, and the time at which it is made, shall be recorded in writing.

(4) If a person makes such a request, it must be complied with as soon as is practicable except to the extent that any delay is permitted by this section.

(5) Any delay in complying with such a request is only permitted if--

(a) it is authorised by an officer of at least the rank of superintendent; and

(b) it does not extend beyond the end of the period referred to in subsection (6) below.

(6) That period is--

(a) except where paragraph (b) below applies, the period of forty-eight hours beginning with the time when the detained person was first detained under the terrorism provisions;

(b) where the detained person was, prior to the time when he was first so detained, being examined in accordance with paragraph 2 of Schedule 5 to the [1989 c. 4.] Prevention of Terrorism (Temporary Provisions) Act 1989, the period of forty-eight hours beginning with the time when he was first so examined.

(7) An officer may give an authorisation under subsection (5) above orally or in writing but, if he gives it orally, he shall confirm it in writing as soon as is practicable.

(8) An officer may only authorise a delay in complying with a request under subsection (1) above where he has reasonable grounds for believing that telling the person named in the request of the detention of the detained person--

(a) will lead to interference with or harm to evidence connected with a scheduled offence or interference with or physical injury to any person; or

(b) will lead to the alerting of any person suspected of having committed such an offence but not yet arrested for it; or

(d) will lead to interference with the gathering of information about the commission, preparation or instigation of acts of terrorism; or

(e) by alerting any person, will make it more difficult--

(i) to prevent an act of terrorism; or

(ii) to secure the apprehension, prosecution or conviction of any person in connection with the commission, preparation or instigation of an act of terrorism.

(9) If any delay is authorised, then, as soon as is practicable--

(a) the detained person shall be told the reason for authorising it; and

(b) the reason shall be recorded in writing.

(10) Any authorisation under subsection (5) above shall cease to have effect once the reason for giving it ceases to subsist.

(11) The right conferred by subsection (1) above may be exercised by a person to whom that subsection applies on each occasion when he is transferred from one place to another; and this section applies to each subsequent occasion on which that right is so exercised as it applies to the first such occasion.

(12) Subsection (11) above shall not be construed as prejudicing the operation of a request by a person to whom subsection (1) above applies which was made, but not complied with, before he was transferred.

45 Right of access to legal advice

(1) A person who is detained under the terrorism provisions and is being held in police custody shall be entitled, if he so requests, to consult a solicitor privately.

(2) A person shall be informed of the right conferred on him by subsection (1) above as soon as practicable after he has become a person to whom that subsection applies.

(3) A request made by a person under subsection (1) above, and the time at which it is made, shall be recorded in writing unless it is made by him while at a court after being charged with an offence.

(4) If a person makes such a request, he must be permitted to consult a solicitor as soon as is practicable except to the extent that any delay is permitted by this section.

(5) Any delay in complying with a request under subsection (1) above is only permitted if--

(a) it is authorised by an officer of at least the rank of superintendent; and

(b) it does not extend beyond the relevant time.

(6) In subsection (5) above "the relevant time" means--

(a) where the request is the first request made by the detained person under subsection (1) above, the end of the period referred to in section 44(6) above; or

(b) where the request follows an earlier request made by the detained person under that subsection in pursuance of which he has consulted a solicitor, the end of the period of forty-eight hours beginning with the time when that consultation began.

(7) An officer may give an authorisation under subsection (5) above orally or in writing but, if he gives it orally, he shall confirm it in writing as soon as is practicable.

(8) An officer may only authorise a delay in complying with a request under subsection (1) above where he has reasonable grounds for believing that the exercise of the right conferred by that subsection at the time when the detained person desires to exercise it--

(a) will lead to interference with or harm to evidence connected with a scheduled offence or interference with or physical injury to any person; or

(b) will lead to the alerting of any person suspected of having committed such an offence but not yet arrested for it; or

(d) will lead to interference with the gathering of information about the commission, preparation or instigation of acts of terrorism; or

(e) by alerting any person, will make it more difficult--

(i) to prevent an act of terrorism; or

(ii) to secure the apprehension, prosecution or conviction of any person in connection with the commission, preparation or instigation of an act of terrorism.

(9) If any delay is authorised, then, as soon as is practicable--

(a) the detained person shall be told the reason for authorising it; and

(b) the reason shall be recorded in writing.

(10) If an officer of at least the rank of Assistant Chief Constable has reasonable grounds for believing that, unless he gives a direction under subsection (11) below, the exercise by a person of the right conferred by subsection (1) above will have any of the consequences specified in subsection (8) above, he may give a direction under subsection (11) below.

(11) A direction under this subsection is a direction that a person desiring to exercise the right conferred by subsection (1) above may only consult a solicitor in the sight and hearing of a qualified officer of the uniformed branch of the Royal Ulster Constabulary.

(12) An officer is qualified for the purposes of subsection (11) above if--

(a) he is of at least the rank of inspector; and

(b) in the opinion of the officer giving the direction, he has no connection with the case.

(13) Any authorisation under subsection (5) above or direction under subsection (11) above shall cease to have effect once the reason for giving it ceases to subsist.

46 Fingerprinting

Article 61(1) to (8) of the [S.I.1989/1341 (N.I.12).] Police and Criminal Evidence (Northern Ireland) Order 1989 (fingerprinting) shall apply to the taking of a person's fingerprints by a constable under section 15(9) of the [1989 c. 4.] Prevention of Terrorism (Temporary Provisions) Act 1989 as if for Article 61(4) there were substituted--

" (4) An officer may only give an authorisation 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. "

Part VIIII Confiscation of Proceeds of Terrorist-Related Activities

47 Confiscation orders

(1) Where a person is convicted in the Crown Court of a relevant offence the court shall, subject to the provisions of this section, make a confiscation order if it is satisfied that he has (whether before or after the coming into force of this Part of this Act) benefited from terrorist-related activities engaged in by him or another; and that order shall require him to pay an amount equal to what the court assesses to be the value of his proceeds of those activities.

(2) For the purposes of this Part of this Act--

(a) a person engages in terrorist-related activities if he engages in activities which consist of or involve the commission of one or more relevant offences;

(b) a person benefits from terrorist-related activities if he obtains money or other property as a direct or indirect result of those activities; and

(c) a person's proceeds of terrorist-related activities are the money or other property obtained by him as mentioned above.

(3) A court shall not on convicting a defendant of a relevant offence make a confiscation order against him unless--

(a) he is in the same proceedings convicted of another relevant offence committed on a separate occasion (whether before or after the coming into force of this Part of this Act) since the beginning of the period of six years ending when those proceedings were instituted; or

(b) he is shown to have committed another relevant offence as mentioned in paragraph (a) above.

(4) In subsection (3)(a) above the reference to an offence of which a person is convicted includes a reference to an offence taken into consideration by the court in determining his sentence.

(5) A court shall not on convicting a defendant of a relevant offence make a confiscation order against him unless it is satisfied that, at some time since the commission of that offence, the realisable property held by him has exceeded £20,000 or such other amount as is for the time being prescribed for the purposes of this subsection by an order made by the Secretary of State.

(6) A court shall not make a confiscation order if the defendant satisfies the court that the circumstances in which the terrorist-related activities in question were engaged in would make it unfair or oppressive for such an order to be made.

(7) If when making a confiscation order the court is satisfied that the amount that might be realised in the case of the defendant at that time is less than the amount which the court assesses to be the value of his proceeds of terrorist-related activities, the order shall require him to pay the amount that might then be so realised.

(8) For the purpose of assessing the value of the defendant's proceeds of terrorist-related activities in a case where a confiscation order has previously been made against him, the court shall leave out of account any of his proceeds of such activities that are shown to the court to have been taken into account in determining the amount to be paid under that order.

48 Provisions supplementary to section 47

(1) Subject to subsection (2) below, a confiscation order shall be made by the court before sentencing or otherwise dealing with the defendant for the offence or offences in respect of which he is before the court.

(2) If a court considers that it requires further information before making a confiscation order against a defendant, it may, subject to subsection (3) below, postpone making such an order for a period not exceeding six months after the date of conviction for the purpose of enabling that information to be obtained; but, without prejudice to Article 11 of the [S.I. 1989/1344 (N.I. 15).] Treatment of Offenders (Northern Ireland) Order 1989, the court may notwithstanding such postponement proceed to sentence or otherwise deal with the defendant in respect of the conviction.

(3) If during the period of postponement notice of appeal or of application for leave to appeal is given under section 16(1) of the [1980 c. 47.] Criminal Appeal (Northern Ireland) Act 1980 the court may, on the application of the prosecution, extend that period to a date up to three months after the date of the determination of the appeal.

(4) A court shall not impose any fine or make an order such as is mentioned in subsection (5)(b) or (c) below before a confiscation order is made.

(5) Where a court makes a confiscation order against a defendant in any proceedings, the court shall, in respect of any offence of which he is convicted in those proceedings, take account of the order before--

(a) imposing any fine on him; or

(b) making any order involving any payment by him, other than an order under Article 3 of the [S.I. 1980/704 (N.I. 6).] Criminal Justice (Northern Ireland) Order 1980 (compensation orders); or

but subject to that shall leave the order out of account in determining the appropriate sentence or other manner of dealing with him.

(6) No statutory provision restricting the power of a court dealing with an offender in a particular way from dealing with him also in any other way shall by reason only of the making of a confiscation order restrict the court from dealing with an offender in any way it considers appropriate in respect of a relevant offence.

(7) Where--

(a) a court makes both a confiscation order and an order for the payment of compensation under Article 3 of the [S.I. 1980/704 (N.I. 6).] Criminal Justice (Northern Ireland) Order 1980 against the same person in the same proceedings; and

(b) it appears to the court that he will not have sufficient means to satisfy both the orders in full,

it shall direct that so much of the compensation as will not in its opinion be recoverable because of the insufficiency of his means shall be paid out of any sums recovered under the confiscation order.

(8) Where a court decides not to make a confiscation order against a defendant convicted by it of a relevant offence the court shall state its reasons for that decision.

49 Relevant offences

(1) In this Part of this Act "relevant offence" means--

(a) a scheduled offence falling within paragraph 12(a), 20(b), (c) or (e) or 22(b), (i), (j), (k), (m) or (n) of Part I of Schedule 1 to this Act;

(b) an offence which by virtue of Part II of that Schedule is to be treated as if it were such an offence as is mentioned in paragraph (a) above; and

(2) In so far as this Part of this Act applies in relation to a relevant offence committed before the coming into force of this Act "relevant offence" also means--

(a) a scheduled offence within the meaning of the [1978 c. 5.] Northern Ireland (Emergency Provisions) Act 1978 falling within paragraph 13(a) or 16(b) or (c) of Part I of Schedule 4 to that Act; and

(b) an offence which by virtue of Part II of that Schedule was to be treated as if it were such an offence as is mentioned in paragraph (a) above.

(3) An order under section 1(3) above amending Schedule 1 to this Act may also amend subsection (1) above.

50 Realisable property, value and gifts

(1) In this Part of this Act "realisable property" means, subject to subsection (2) below--

(a) any property held by the defendant; and

(b) any property held by a person to whom the defendant has directly or indirectly made a gift caught by this Part of this Act.

(2) Property is not realisable property if an order under--

(a) Article 7 of the Criminal Justice (Northern Ireland) Order 1980 (deprivation orders);

(b) section 27 of the [1971 c. 38.] Misuse of Drugs Act 1971 (forfeiture orders); or

(c) section 13(2), (3) or (4) of the [1989 c. 4.] Prevention of Terrorism (Temporary Provisions) Act 1989 (forfeiture orders),

is in force in respect of the property.

(3) For the purposes of this Part of this Act the amount that might be realised at the time a confiscation order is made is--

(a) the total of the values at that time of all the realisable property held by the defendant, less

(b) where there are obligations having priority at that time, the total amounts payable in pursuance of such obligations,

together with the total of the values at that time of all gifts caught by this Part of this Act.

(4) For the purposes of subsection (3) above, an obligation has priority at any time if it is an obligation of the defendant to--

(a) pay an amount due in respect of a fine, or other order of a court, imposed or made on conviction of an offence, where the fine was imposed or order made before the confiscation order; or

(b) pay any sum which would be included among the preferential debts (within the meaning given by Article 346 of the [S.I. 1989/2405 (N.I. 19).] Insolvency (Northern Ireland) Order 1989) in the defendant's bankruptcy commencing on the date of the confiscation order or winding up under an order of the court made on that date.

(5) Subject to the following provisions of this section, for the purposes of this Part of this Act the value of property (other than cash) in relation to any person holding the property--

(a) where any other person holds an interest in the property, is--

(i) the market value of the first-mentioned person's beneficial interest in the property, less

(ii) the amount required to discharge any incumbrance (other than a charging order) on that interest; and

(b) in any other case, is its market value.

(6) Subject to subsection (9) below, references in this Part of this Act to the value at any time (referred to in subsection (7) below as "the material time") of any proceeds or of a gift caught by this Part of this Act are references to--

(a) the value of the proceeds or gift to the recipient when he received it adjusted to take account of subsequent changes in the value of money; or

(b) where subsection (7) below applies, the value there mentioned,

whichever is the greater.

(7) Subject to subsection (9) below, if at the material time he holds--

(a) the property which he received (not being cash); or

(b) property which, in whole or in part, directly or indirectly represents in his hands the property which he received,

the value referred to in subsection (6) above is the value to him at the material time of the property mentioned in paragraph (a) above or, as the case may be, of the property mentioned in paragraph (b) above so far as it so represents the property which he received, but disregarding any charging order.

(8) A gift (including a gift made before the coming into force of this Part of this Act) is caught by this Part of this Act if--

(a) it was made by the defendant at any time since the beginning of the period of six years ending when the proceedings were instituted against him; or

(b) it was made by the defendant at any time and was a gift of property--

(i) obtained by the defendant as a direct or indirect result of terrorist-related activities engaged in by him or another; or

(ii) which in whole or in part directly or indirectly represented in the defendant's hands property received by him as proceeds of such activities.

(9) For the purposes of this Part of this Act--

(a) the circumstances in which the defendant is to be treated as making a gift include those where he transfers property to another person directly or indirectly for a consideration the value of which is significantly less than the value of the consideration provided by the defendant; and

(b) in those circumstances, the preceding provisions of this section shall apply as if the defendant had made a gift of such share in the property as bears to the whole property the same proportion as the difference between the values referred to in paragraph (a) above bears to the value of the consideration provided by the defendant.

51 Assumptions as to benefit and value of proceeds

(1) The Crown Court shall, for the purpose of determining whether the defendant has benefited from terrorist-related activities and, if he has, of assessing the value of his proceeds of those activities, make the following assumptions, except to the extent that any of the assumptions are shown to be incorrect in the defendant's case--

(a) that any property appearing to the court--

(i) to have been held by him at any time since his conviction; or

(ii) to have been transferred to him at any time since the beginning of the period of six years ending when the proceedings were instituted against him,

was obtained by him, at the earliest time at which he appears to the court to have held it, as a result of terrorist-related activities engaged in by him;

(b) that any expenditure of his since the beginning of that period was met out of the proceeds of such activities engaged in by him; and

(c) that, for the purpose of valuing any property obtained or assumed to have been obtained by him at any time as a result of such activities, he obtained the property free of any other interests in it.

(2) Where the court decides that any assumption mentioned in subsection (1) above is incorrect in the defendant's case it shall state its reasons for that decision.

(3) As respects property or expenditure in relation to which the foregoing assumptions do not fall to be made the standard of proof required of the prosecution on the question whether the defendant has benefited from terrorist-related activities and, if so, as to the value of his proceeds of those activities shall be that applicable in civil proceedings.

52 Statements, etc., relevant to making confiscation orders

(1) Where--

(a) there is tendered to the court by the prosecution a statement as to any matters relevant in the case of a defendant who has been convicted of a relevant offence--

(i) to the determination whether the defendant has benefited from terrorist-related activities; or

(ii) to the assessment of the value of his proceeds of those activities; or

(iii) to the determination whether the requirements of section 47(5) above are satisfied; and

(b) the defendant accepts to any extent any allegation in the statement,

the court may, for the purposes of that determination and assessment, treat his acceptance as conclusive of the matters to which it relates.

(2) Where--

(a) a statement is tendered under subsection (1)(a) above; and

(b) the court is satisfied that a copy of that statement has been served on the defendant,

the court may require the defendant to indicate to what extent he accepts each allegation in the statement and, so far as he does not accept any such allegation, to indicate any matters he proposes to rely on.

(3) If the defendant fails in any respect to comply with a requirement under subsection (2) above, he may be treated for the purposes of this section as accepting every allegation in the statement apart from any allegation in respect of which he has complied with the requirement.

(4) Where--

(a) there is tendered to the court by the defendant a statement as to any matters relevant to determining the amount that might be realised at the time the confiscation order is made; and

(b) the prosecution accepts to any extent any allegation in the statement,

the court may, for the purposes of that determination, treat the acceptance by the prosecution as conclusive of the matters to which it relates.

(5) An allegation may be accepted or a matter indicated for the purposes of this section either--

(a) orally before the court; or

(b) in writing in accordance with Crown Court rules.

(6) No acceptance by the defendant under this section that any property was obtained by him as a direct or indirect result of terrorist-related activities engaged in by him or another shall be admissible in evidence in any proceedings for an offence.

(7) If the court is satisfied as to any matter relevant for determining the amount that might be realised at the time the confiscation order is made (whether by an acceptance under this section or otherwise), the court may issue a certificate giving the court's opinion as to the matter concerned and shall do so if satisfied that the amount that might be realised at the time the confiscation order is made is less than the amount the court assesses to be the value of the defendant's proceeds of terrorist-related activities.

53 Assisting another to retain proceeds of terrorist-related activities

(1) Subject to subsection (3) below, if a person enters into or is otherwise concerned in an arrangement whereby--

(a) the retention or control by or on behalf of another (referred to hereafter as "A") of A's proceeds of terrorist-related activities is facilitated (whether by concealment, removal from the jurisdiction, transfer to nominees or otherwise); or

(b) A's proceeds of such activities--

(i) are used to secure that funds are placed at A's disposal; or

(ii) are used for A's benefit to acquire property by way of investment,

knowing or having reasonable cause to suspect that A is a person who engages in or has engaged in such activities or has benefited from such activities, he is guilty of an offence.

(2) In this section references to any person's proceeds of terrorist-related activities include a reference to any property which in whole or in part directly or indirectly represented in his hands his proceeds of such activities.

(3) Where a person discloses to a constable a suspicion or belief that any funds or investments are derived from or used in connection with terrorist-related activities or any matter on which such a suspicion or belief is based, then, if he does any act in contravention of subsection (1) above and the disclosure relates to the arrangement concerned, he does not commit an offence under this section if--

(a) the disclosure is made before he does the act concerned and that act is done with the consent of the constable; or

(b) the disclosure is made after he does the act but on his initiative and as soon as it is reasonable for him to make it.

(4) In proceedings against a person for an offence under this section it is a defence to prove--

(a) that he did not know or suspect that the arrangement related to any person's proceeds of terrorist-related activities; or

(b) that he did not know or suspect that by the arrangement the retention or control by or on behalf of A of any property was facilitated or, as the case may be, that by the arrangement any property was used as mentioned in subsection (1) above; or

(i) he intended to disclose to a constable such a suspicion, belief or matter as is mentioned in subsection (3) above in relation to the arrangement, but

(ii) there is reasonable excuse for his failure to make disclosure in accordance with that subsection.

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

Pages: P.1 | P.2 | P.3 | P.4 | P.5 | P.6 | P.7

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