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

(The document as of February, 2008)

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

15 Offences under the following provisions of the 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);

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

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

16 Offences under Article 3 of the Criminal Law (Amendment) (Northern Ireland) Order 1977 (bomb hoaxes) subject to note 1 below.

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

17 Offences under the following provisions of the Firearms (Northern Ireland) Order 1981--

(a) Article 3(1) (possessing, purchasing or acquiring firearm or ammunition without certificate) subject to note 1 below;

(b) Article 4(1), (2), (3) or (4) (manufacturing, dealing in, repairing, etc, firearm or ammunition without being registered) subject to note 1 below;

(d) Article 6(1) (manufacturing, dealing in or possessing machine gun, or weapon discharging, or ammunition containing, noxious substance) subject to note 1 below;

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

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

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

(h) Article 20 (carrying firearm, etc., in public place) subject to notes 1 and 4 below;

(i) 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) subject to note 1 below;

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

[1982 c. 28.] Taking of Hostages Act 1982

18 Offences under the Taking of Hostages Act 1982.

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

19 Offences under section 2 of the Nuclear Material (Offences) Act 1983 (offences involving nuclear material: preparatory acts and threats).

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

20 Offences under the following provisions of the Prevention of Terrorism (Temporary Provisions) Act 1989--

(a) section 8 (breach of exclusion order);

(b) sections 9, 10 and 11 (financial assistance for terrorism);

(d) section 18 (information about acts of terrorism);

(e) paragraph 25B of Schedule 4 (contravention of restraint orders).

Aviation and Maritime Security Act 1990

21 Offences under the following provisions of the [1990 c. 31.] Aviation and Maritime Security Act 1990--

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

(b) section 9 (hijacking of ships);

This Act

22 Offences under the following provisions of this Act--

(a) section 19(12);

(b) section 27;

(d) section 29;

(e) section 30;

(f) section 31;

(g) section 32;

(h) section 33;

(i) section 35;

(j) section 53;

(k) section 54;

(l) paragraph 13 of Schedule 3;

(m) paragraph 9 of Schedule 4;

(n) paragraph 4 of Schedule 5.

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 11(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 11(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 11(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 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 17(h) 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;

(d) an offence under section 5(1) of the 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 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.

Part IV Offences Charged Following Terrorist Funds Investigations

Any offence, other than a summary offence, which an officer of the Royal Ulster Constabulary not below the rank of superintendent certifies is charged in consequence of a terrorist funds investigation, unless the Attorney General for Northern Ireland certifies that it is not to be treated as a scheduled offence; and in this Part of this Schedule--

(a) "summary offence" means an offence which, if committed by an adult, is punishable only on summary conviction; and

(b) "a terrorist funds investigation" means an investigation for the purposes of which a person has been authorised under section 57 of this Act to exercise the powers conferred by Schedule 5 to this Act.

Section 28.

SCHEDULE 2 Proscribed Organisations

The Irish Republican Army.
Cumann na mBan.
Fianna na hEireann.
The Red Hand Commando.
Saor Eire.
The Ulster Freedom Fighters.
The Ulster Volunteer Force.
The Irish National Liberation Army.
The Irish People's Liberation Organisation.

Section 34.

SCHEDULE 3 Detention of Terrorists

Advisers

1 The Secretary of State shall for the purposes of this Schedule appoint such number of Advisers as he may determine to advise him on matters concerning the detention and release of terrorists.

2 An Adviser shall be a person who holds or has held judicial office in any part of the United Kingdom or who is--

(a) a person who has a ten year general qualification within the meaning of section 71 of the [1990 c. 41.] Courts and Legal Services Act 1990; or

(b) an advocate or solicitor in Scotland of at least ten years' standing; or

(c) a member of the Bar of Northern Ireland or solicitor of the Supreme Court of Northern Ireland of at least ten years' standing.

3 (1) An Adviser shall hold and vacate his office in accordance with the terms of his appointment and shall, on ceasing to hold office, be eligible for reappointment.

(2) An Adviser may at any time by notice in writing to the Secretary of State resign his office.

(3) The Secretary of State may pay to the Advisers such remuneration and allowances as he may determine.

Interim custody orders

4 (1) Where it appears to the Secretary of State that there are grounds for suspecting that a person has been concerned--

(a) in the commission or attempted commission of any act of terrorism; or

(b) in directing, organising or training persons for the purpose of terrorism,

the Secretary of State may make an interim custody order for the temporary detention of that person.

(2) An interim custody order shall be signed by the Secretary of State or a Minister of State or Under Secretary of State.

5 (1) The Secretary of State may, at any time before the expiration of the period of fourteen days following the date of an interim custody order, refer the case to an Adviser and, unless the case is so referred, the order shall cease to have effect at the expiration of that period.

(2) A reference to an Adviser under this paragraph shall be by notice in writing signed on behalf of the Secretary of State and a copy of the notice shall be sent to the person detained.

Reference to an Adviser

6 (1) As soon as possible after a case is referred to an Adviser under paragraph 5 above, the person detained shall be served with a statement in writing as to the nature of the terrorist activities of which he is suspected.

(2) A person detained may, within seven days following the date on which he receives any such statement as is mentioned in sub-paragraph (1) above, send to the Secretary of State--

(a) written representations concerning his case; and

(b) a written request that he be seen personally by an Adviser;

and the Secretary of State shall send a copy of such representations or request to the Adviser concerned.

(3) The Secretary of State may pay any reasonable costs or expenses incurred by a person detained in obtaining legal advice or legal assistance in connection with the preparation of any representations he may make concerning his case.

7 (1) Where the case of a person detained under an interim custody order is referred to an Adviser, he shall consider it and report to the Secretary of State whether or not in his opinion--

(a) the person detained has been concerned in terrorist activities; and

(b) the detention of that person is necessary for the protection of the public.

(2) In considering any case referred to him an Adviser shall have regard to any information (whether oral or in writing) which is made available to, or obtained by, him and to any representations (whether oral or in writing) made by the person detained.

(3) No person shall be present during the consideration by an Adviser of the case of any person referred to him, except--

(a) any person who for the time being is being seen by the Adviser;

(b) any assistant to the Adviser; and

(4) The Secretary of State may, at the request of an Adviser, pay any reasonable expenses incurred by any person in connection with a reference to the Adviser.

Detention orders

8 (1) After receiving a report made by an Adviser under paragraph 7(1) above, the Secretary of State shall consider the case of the person to whom it relates and, if he is satisfied--

(a) that the person has been concerned in the commission or attempted commission of any act of terrorism, or in directing, organising or training persons for the purpose of terrorism, and

(b) that the detention of that person is necessary for the protection of the public,

the Secretary of State may make a detention order for the detention of that person.

(2) If, on considering any case under sub-paragraph (1) above, the Secretary of State is not satisfied as mentioned in that sub-paragraph, he shall direct the release of the person concerned.

(3) Subject to sub-paragraphs (4) and (5) below, where--

(a) a person is detained under an interim custody order; and

(b) a detention order is not made in respect of that person within the period of seven weeks following the date of the interim custody order,

the interim custody order shall cease to have effect.

(4) The Secretary of State may, where a person is required to be detained under an interim custody order, give a direction in writing extending the period of seven weeks mentioned in sub-paragraph (3) above (or that period as extended under this sub-paragraph) for a further period of one week if it is stated in the direction that the report of the Adviser in relation to that person's case has not been received before the sixth day immediately preceding the day on which the interim custody order would, but for the direction, cease to have effect.

(5) Not more than three directions under sub-paragraph (4) above shall be given in respect of any one interim custody order.

(6) A detention order shall be signed by the Secretary of State, and a direction under sub-paragraph (4) above shall be signed by the Secretary of State or a Minister of State or Under Secretary of State.

Supplemental

9 (1) The Secretary of State may at any time refer the case of a person detained under a detention order to an Adviser and, if so requested in writing in accordance with sub-paragraph (2) below by a person so detained, shall do so within fourteen days beginning with the receipt of the request.

(2) A person detained under a detention order shall not be entitled to make a request for the purposes of sub-paragraph (1) above--

(a) before the expiration of the period of one year beginning with the date of the detention order; or

(b) within a period of six months from the date of the last notification under sub-paragraph (5) below.

(3) On any reference under this paragraph, an Adviser shall consider the case and report to the Secretary of State whether or not the person's continued detention is necessary for the protection of the public.

(4) Paragraphs 6(3) and 7(2) to (4) above shall apply for the purposes of a reference under this paragraph as they apply for the purposes of a reference under paragraph 5 above.

(5) Where a case is referred to an Adviser in consequence of a request made in accordance with this paragraph, the Secretary of State shall, after receiving the report of the Adviser, reconsider the case of the person to whom it relates and, if he decides not to release that person, shall notify him of his decision.

(6) A notification under sub-paragraph (5) above shall be by notice in writing and signed by the Secretary of State.

10 (1) The Secretary of State may, as respects a person detained under an interim custody order--

(a) direct his discharge unconditionally; or

(b) direct his release (whether or not subject to conditions) for a specified period.

(2) The Secretary of State may, as respects a person detained under a detention order--

(a) direct his discharge unconditionally; or

(b) direct his release subject to conditions or for a specified period, or both.

(3) The Secretary of State may recall to detention a person released under sub-paragraph (1)(b) or (2)(b) above and a person so recalled may be detained under the original interim custody or detention order, as the case may be.

(4) Where a person is released under sub-paragraph (1)(b) above, any period during which he is not in detention shall be left out of account for the purposes of paragraphs 5(1), 6(2) and 8(3) above.

11 (1) A person required to be detained under an interim custody order or a detention order may be detained in a prison or in some other place approved for the purposes of this paragraph by the Secretary of State.

(2) A person for the time being having custody of a person required to be detained as aforesaid shall have all the powers, authorities, protection and privileges of a constable.

(3) Subject to any directions of the Secretary of State, a person required to be detained as aforesaid shall be treated as nearly as may be as if he were a prisoner detained in a prison on remand and any power of temporary removal for judicial, medical or other purposes shall apply accordingly.

(4) A person required to be detained as aforesaid who is unlawfully at large may be arrested without warrant by any constable or any member of Her Majesty's forces on duty.

12 Where a person required to be detained under an interim custody order is unlawfully at large, the interim custody order shall not cease to have effect under paragraph 5 or 8 above while he remains at large; and, upon his being taken again into custody, those paragraphs shall have effect as if the date of the interim custody order were that of his being taken again into custody.

13 Any person who--

(a) being detained under an interim custody order or detention order, escapes;

(b) rescues any person detained as aforesaid, or assists a person so detained in escaping or attempting to escape;

(c) fails to return to detention at the expiration of a period for which he was released under paragraph 10(1)(b) or (2)(b) above; or

(d) knowingly harbours any person required to be detained under an interim custody order or detention order, or gives him any assistance with intent to prevent, hinder or interfere with his being taken into custody,

is guilty of an offence and liable on conviction on indictment to imprisonment for a term not exceeding five years or a fine or both.

14 (1) Any document purporting to be an order, notice or direction made or given by the Secretary of State for the purposes of this Schedule and to be signed in accordance with this Schedule shall be received in evidence and shall, until the contrary is proved, be deemed to be duly made or given and signed.

(2) Prima facie evidence of any such order, notice or direction may, in any legal proceedings, be given by the production of a document bearing a certificate purporting to be signed by or on behalf of the Secretary of State stating that the document is a true copy of the order, notice or direction; and the certificate shall be received in evidence, and shall, until the contrary is proved, be deemed to be duly made and signed.

15 The Secretary of State may make such payments to persons released or about to be released from detention under this Schedule as he may, with the consent of the Treasury, determine.

Section 55.

SCHEDULE 4 Confiscation Orders: Supplementary Provisions

Interpretation

1 (1) Section 56 of this Act also has effect for the purposes of this Schedule.

(2) The following provisions have effect, in addition to those of that section, for the interpretation of this Schedule.

(3) Proceedings for an offence are concluded--

(a) when (disregarding any power of a court to grant leave to appeal out of time) there is no further possibility of a confiscation order being made in the proceedings;

(b) on the satisfaction of a confiscation order made in the proceedings (whether by payment of the amount due under the order or by the defendant serving imprisonment in default).

(4) An order is subject to appeal until (disregarding any power of a court to grant leave to appeal out of time) there is no further possibility of an appeal on which the order could be varied or set aside.

(5) References to "acting as an insolvency practitioner" shall be construed in accordance with Article 3 of the [S.I. 1989/2405 (N.I. 19).] Insolvency (Northern Ireland) Order 1989 except that for the purposes of such construction paragraph (5) of that Article (which provides that nothing in the Article is to apply to anything done by the official receiver) shall be disregarded; and the expression shall include the official receiver acting as receiver or manager of the property.

(6) References to the Registration of Deeds Acts are to the [1970 c. 25 (N.I.).] Registration of Deeds Act (Northern Ireland) 1970 and every statutory provision for the time being in force amending that Act or otherwise relating to the registry of deeds, or to the registration of deeds, orders or other instruments or documents in such registry.

Application of procedure for enforcing fines

2 (1) Where the Crown Court makes a confiscation order against a defendant, section 35(1), (2) and (4) of the [1945 c. 15 (N.I.).] Criminal Justice Act (Northern Ireland) 1945 (powers of Crown Court in relation to fines) shall have effect as if--

(a) the amount which the order requires him to pay were a fine imposed on him by the Crown Court; and

(b) in section 35(2) (imprisonment in default), for the reference to twelve months there were substituted a reference to the periods set out in the second column of the following Table applicable respectively to the amounts set out opposite thereto--

Table

An amount not exceeding £50	7 days
An amount exceeding £50 but not exceeding £100	14 days
An amount exceeding £100 but not exceeding £400	30 days
An amount exceeding £400 but not exceeding £1,000	60 days
An amount exceeding £1,000 but not exceeding £2,000	90 days
An amount exceeding £2,000 but not exceeding £5,000	6 months
An amount exceeding £5,000 but not exceeding £10,000	9 months
An amount exceeding £10,000 but not exceeding £20,000	12 months
An amount exceeding £20,000 but not exceeding £50,000	18 months
An amount exceeding £50,000 but not exceeding £100,000	2 years
An amount exceeding £100,000 but not exceeding £250,000	3 years
An amount exceeding £250,000 but not exceeding £1 million	5 years
An amount exceeding £1 million	10 years

(2) Where--

(a) a warrant of commitment is issued for a default in payment of an amount ordered to be paid by a confiscation order in respect of an offence; and

(b) at the time the warrant is issued, the defendant is liable to serve a term of custody in respect of the offence,

the term of imprisonment or of detention under section 5 of the [1968 c. 29 (N.I.).] Treatment of Offenders Act (Northern Ireland) 1968 (detention of persons aged sixteen to twenty-one for default) to be served in default of payment of the amount shall not begin to run until after the term mentioned in paragraph (b) above.

(3) The reference in sub-paragraph (2) above to the term of custody which the defendant is liable to serve in respect of the offence is a reference to the term of imprisonment or of detention under section 5 of the said Act of 1968 which he is liable to serve in respect of the offence; and for the purposes of this sub-paragraph--

(a) consecutive terms and terms which are wholly or partly concurrent shall be treated as a single term; and

(b) there shall be disregarded--

(i) any sentence of imprisonment or order for detention suspended under section 18 of that Act which has not taken effect at the time when the warrant is issued; and

(ii) any term of imprisonment or detention fixed under section 35(1)(c) of the [1945 c. 15 (N.I.).] Criminal Justice Act (Northern Ireland) 1945 for which a warrant of commitment has not been issued at that time.

(4) An amount payable under a confiscation order is not a fine, costs, damages or compensation for the purposes of section 76 of the [1968 c. 34 (N.I.).] Children and Young Persons Act (Northern Ireland) 1968 (enforcement of fines imposed on young offenders).

(5) This paragraph applies in relation to confiscation orders made by the Court of Appeal, or by the House of Lords on appeal from the Court of Appeal, as it applies in relation to confiscation orders made by the Crown Court, and the reference in sub-paragraph (1)(a) above to the Crown Court shall be construed accordingly.

Interest on sums unpaid under confiscation orders

3 (1) If any sum required to be paid by a person under a confiscation order is not paid when it is required to be paid (whether forthwith on the making of the order or at a time specified under section 35(1) of the Criminal Justice Act (Northern Ireland) 1945), that person shall be liable to pay interest on that sum for the period for which it remains unpaid and the amount of the interest shall for the purposes of enforcement be treated as part of the amount to be recovered from him under the confiscation order.

(2) The Crown Court may, on the application of the prosecution, increase the term of imprisonment or detention fixed in respect of the confiscation order under subsection (1)(c) of section 35 of the said Act of 1945 (imprisonment in default of payment) if the effect of sub-paragraph (1) above is to increase the maximum period applicable in relation to the order under subsection (2) of that section as it has effect by virtue of paragraph 2(1)(b) above.

(3) The rate of interest under sub-paragraph (1) above shall be that for the time being applying to a money judgment of the High Court.

Cases in which restraint orders and charging orders may be made

4 (1) The powers conferred on the High Court by paragraphs 5(1) and 6(1) below are exercisable where--

(a) proceedings have been instituted in Northern Ireland against the defendant for a relevant offence;

(b) the proceedings have not been concluded; and

(c) the court is satisfied that there is reasonable cause to believe that the defendant has benefited from terrorist-related activities.

(2) Those powers are also exercisable where--

(a) the High Court is satisfied that, whether by the making of a complaint or otherwise, a person is to be charged with a relevant offence; and

(b) it appears to the court that there is reasonable cause to believe that he has benefited from terrorist-related activities.

(3) For the purposes of paragraphs 5 and 6 below at any time when those powers are exercisable before proceedings have been instituted--

(a) references to the defendant shall be construed as references to the person referred to in sub-paragraph (2)(a) above; and

(b) references to realisable property shall be construed as if, immediately before that time, proceedings had been instituted against the person referred to in sub-paragraph (2)(a) above for a relevant offence.

(4) Where the High Court has made an order under paragraph 5(1) or 6(1) below by virtue of sub-paragraph (2) above, the court shall discharge the order if proceedings in respect of the offence are not instituted (whether by the making of a complaint or otherwise) within such time as the court considers reasonable.

Restraint orders

5 (1) The High Court may by order (a restraint order) prohibit any person from dealing with any realisable property, subject to such conditions and exceptions as may be specified in the order.

(2) Without prejudice to the generality of sub-paragraph (1) above, a restraint order may make such provision as the High Court thinks fit for living expenses or legal expenses.

(3) A restraint order may apply--

(a) to all realisable property held by a specified person, whether the property is described in the order or not; and

(b) to realisable property held by a specified person, being property transferred to him after the making of the order.

(4) This paragraph shall not have effect in relation to any property for the time being subject to a charge under paragraph 6 below.

(5) A restraint order--

(a) may be made--

(i) where it is applied for before the defendant is convicted of the offence, only on the application of an officer of the Royal Ulster Constabulary not below the rank of superintendent; and

(ii) otherwise, only on the application of the prosecution;

(b) may be made on an ex parte application to a judge in chambers; and

(6) A restraint order--

(a) may be discharged or varied in relation to any property; and

(b) shall be discharged when proceedings for the offence are concluded.

(7) An application for the discharge or variation of a restraint order may be made by any person affected by it.

(8) Where the High Court has made a restraint order, the court may at any time appoint a receiver--

(a) to take possession of any realisable property; and

(b) in accordance with the court's directions, to manage or otherwise deal with any property in respect of which he is appointed,

subject to such exceptions and conditions as may be specified by the court; and the court may require any person having possession of property in respect of which a receiver is appointed under this section to give possession of it to the receiver.

(9) For the purposes of this paragraph, dealing with property held by any person includes (without prejudice to the generality of the expression)--

(a) where a debt is owed to that person, making a payment to any person in reduction of the amount of the debt; and

(b) removing the property from Northern Ireland.

(10) Where the High Court has made a restraint order, a constable may, for the purpose of preventing any realisable property being removed from Northern Ireland, seize the property.

(11) Property seized under sub-paragraph (10) above shall be dealt with in accordance with the directions of the High Court.

(12) The person by whom an application for a restraint order is made shall be treated for the purposes of section 66 of the [1970 c. 18 (N.I.).] Land Registration Act (Northern Ireland) 1970 (cautions) as a person interested in relation to any registered land to which the order or the application for an order relates.

(13) On the application of the person by whom an application for a restraint order is made the Registrar shall, in respect of any registered land to which the order or the application for an order relates, make an entry inhibiting any dealing with the land without the consent of the High Court.

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