Section 10.
1For the purposes of this Act there shall be—
(a)commissioners appointed by the Secretary of State ; and
(b)a Detention Appeal Tribunal (hereafter in this Schedule referred to as " the Tribunal") whose members shall be appointed by the Secretary of State.
2There shall be such number of commissioners as the Secretary of State may determine.
3A commissioner shall be a person who holds or has held judicial office in any part of the United Kingdom or is a barrister, advocate or solicitor, in each case of not less than ten years' standing in any part of the United Kingdom.
4(1)A commissioner 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)A commissioner may at any time by notice in writing to the Secretary of State resign his office.
(3)The Ministry shall pay to the commissioners such remuneration and allowances as the Secretary of State may determine.
5The Ministry shall appoint such officers and servants for the commissioners as the Secretary of State may determine.
6The Tribunal shall consist of such number of members as the Secretary of State may determine, and the Secretary of State shall appoint one of them to be chairman and may appoint members to act as deputy chairmen.
7A member of the Tribunal shall be a person who holds or has held judicial office in any part of the United Kingdom or is a barrister, advocate or solicitor, in each case of not less than ten years' standing in any part of the United Kingdom.
8A commissioner may be appointed to be a member of the Tribunal, but shall not act as such in the case of an appeal against a decision of his.
9(1)A member of the Tribunal 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)A member of the Tribunal may at any time by notice in writing to the Secretary of State resign his office.
(3)The Ministry shall pay to the members of the Tribunal such remuneration and allowances as the Secretary of State may determine.
10The Ministry shall appoint such officers and servants for the Tribunal as the Secretary of State may determine.
11(1)Where it appears to the Secretary of State that a person is suspected of having been concerned in the commission or attempted commission of any act of terrorism or in the direction, organisation or training of 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 of the Secretary of State shall be signed by the Secretary of State or a Minister of State or Under-Secretary of State.
(3)A person shall not be detained under an interim custody order for a period of more than twenty-eight days from the date of the order unless his case is referred by the Chief Constable to a commissioner for determination, and where a case is so referred the person concerned may be detained under the order only until his case is so determined.
(4)A reference to a commissioner shall be by notice in writing, of which a copy shall be sent to the Secretary of State and to the person to whom it relates.
12Where the case of a person detained under an interim custody order (in this Part of this Schedule referred to as " the respondent") is referred to a commissioner, the commissioner shall enquire into that case for the purpose of deciding whether or not he is satisfied that—
(a)the respondent has been concerned in the commission or attempted commission of any act of terrorism or the direction, organisation or training of persons for the purpose of terrorism; and
(b)his detention is necessary for the protection of the public.
13Not less than seven days before the hearing of a case for determination under paragraph 12 above, the respondent shall be served with a statement in writing as to the nature of the terrorist activities which are to be the subject of the inquiry.
14(1)Proceedings before a commissioner shall take place in private.
(2)The respondent shall, subject to paragraph 17 below, be present on the hearing of a reference unless the commissioner directs his removal on the grounds of his disorderly conduct.
15On the hearing of a reference, the respondent Shall be entitled to give and adduce evidence and may make representations to the commissioner, whether orally or in writing, and may be represented by counsel or a solicitor.
16On the hearing of a reference a commissioner may—
(a)receive oral, documentary or other evidence, notwithstanding that the evidence would be inadmissable in a court of law;
(b)question any person, including the respondent;
(c)cause inquiries to be made in relation to any matter.
17Where, in relation to any part of the proceedings, it appears to the commissioner that it would be contrary to the interests of public security or might endanger the safety of any person for that part of the proceedings to take place in the presence of the respondent, the respondent and his representatives shall be excluded accordingly.
18Where any part of the proceedings takes place in the absence of the respondent and his representatives in pursuance of paragraph 17 above, the coniirnissioner shall, in so far as the needs of public security and the safety of persons permit, inform the respondent and his representatives of the substance of the matters dealt with during that part of the proceedings.
19A commissioner may require any person to give evidence on oath or by affirmation, and for that purpose an oath or affirmation in due form may be administered.
20(1)A commissioner—
(a)may by summons in writing require any person to attend as a witness at such time and place as may be specified in the summons; and
(b)may require any person to answer any question or produce any documents in his custody or under his control which relate to any matter in question on the reference,
but a person shall not be required by a summons to go more than ten miles from his place of residence unless the necessary expenses of his attendance are paid or tendered to him.
(2)A person who, without reasonable excuse, fails to comply with a summons or requirement under sub-paragraph (1) above shall be liable on summary conviction to a fine not exceeding £200 or to imprisonment for a term not exceeding six months, or both.
21A commissioner may order the payment by the Ministry to any person of such sums as appear to the commissioner to be reasonable in respect of any costs or expenses incurred by that person in connection with a reference, including the costs of legal representation of a respondent.
22A commissioner shall keep or cause to be kept a record of the proceedings before him, of which a copy shall be sent to the Secretary of State if requested by him.
23Subject to the provisions of this Part of this Schedule, a commissioner may regulate his own procedure.
24Where a commissioner decides that he is satisfied in accordance with the provisions of paragraph 12 above, he shall make a detention order for the detention of the respondent, and otherwise shall direct his release.
25(1)A detention order shall be signed by the commissioner and shall contain a statement of the grounds on which it is made.
(2)A copy of a detention order shall be sent to the respondent and to the Secretary of State.
26(1)Where a detention order has been made in the case of any person, he may within twenty-one days of the making of the order appeal by notice in writing to the Tribunal.
(2)The Tribunal shall cause a copy of the notice of appeal to be sent to the Chief Constable and to the Secretary of State.
27(1)A notice of appeal shall indicate the grounds of appeal and, where appropriate, the nature of any fresh evidence which the appellant wishes to tender on the hearing of the appeal.
(2)Where notice of appeal has been given there shall be transmitted to the Tribunal a copy of the detention order and a copy of the record of the proceedings before the commissioner, which shall be in such a form as to indicate any part of the proceedings which took place in the absence of the appellant.
(3)An appellant shall be entitled to receive a copy of the record of the proceedings before the commissioner, excluding any part of the proceedings which under paragraph 17 above took place in the absence of the appellant.
28Subject to paragraph 8 above, the Tribunal shall be deemed to be duly constituted if it consists of three members (or a greater uneven number of members); and the determination of any question before the Tribunal shall be according to the opinion of the majority of the members hearing the appeal.
29The hearing of an appeal shall be in private.
30On the hearing of an appeal—
(a)the Tribunal shall consider the record of the proceedings before the commissioner together with any fresh evidence which may be tendered with the consent of the Tribunal;
(b)the appellant may be represented by counsel or a solicitor ; and
(c)the appellant shall, subject to paragraph 17 above (as applied by paragraph 33 below), be entitled to be present unless the Tribunal direct his removal on the grounds of his disorderly conduct.
31The Tribunal may require the attendance of the appellant if this appears to them to be necessary.
32On an appeal, the Tribunal shall, if they are of the opinion that the commissioner's decision should be set aside, allow the appeal and direct the discharge of the appellant; and otherwise they shall dismiss the appeal.
33Paragraphs 16 to 21 above shall, with any necessary modifications, have effect in relation to an appeal as they have effect in relation to proceedings before a commissioner.
34Subject to the provisions of this Schedule, the Tribunal may regulate their own procedure.
35(1)The Secretary of State may at any time refer to a commissioner the case of any person who is for the time being detained under a detention order, and shall so refer the case of any person who has been detained for one year since the making of a detention order or for six months from the determination of the most recent review under this paragraph.
(2)On any such reference the commissioner shall review the case and, unless he considers that the person's continued detention is necessary for the protection of the public, shall direct his discharge.
(3)In determining whether a person has been detained for one year or for six months no account shall be taken of any time during which he has been at liberty—
(a)unlawfully; or
(b)in consequence of a direction given by the Secretary of State under paragraph 36(2) below.
(4)Paragraphs 14 to 23 above shall have effect in relation to the proceedings of a commissioner under this paragraph.
36(1)The Secretary of State may direct the discharge at any time of a person detained under an interim custody order.
(2)The Secretary of State may direct the release, subject to such conditions (if any) as he may specify, of a person detained under a detention order.
(3)The Secretary of State may recall to detention a person released subject to conditions under sub-paragraph (2) above, and a person so recalled may be detained under the original detention order.
37(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 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.
(5)If any person—
(a)who is detained under an interim custody order or detention order, escapes ; or
(b)fails to return to detention when recalled under paragraph 36(3) above.
he may be arrested without warrant by any constable or any member of Her Majesty's Forces on duty.
38Any person who—
(a)being detained under an interim custody order or a detention order, escapes ;
(b)rescues any person detained as aforesaid, or assists a person so detained in escaping or attempting to escape ; or
(c)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,
shall be liable on conviction on indictment to imprisonment for a term not exceeding five years or to a fine, or both.
39In this Schedule—
" Chief Constable " means the Chief Constable or an assistant chief constable of the Royal Ulster Constabulary;
" detention order " means an order made by a commissioner for the detention of a person ;
" interim custody order " means an order made by the Secretary of State for the temporary detention of a person.