Northern Ireland (Emergency Provisions) Act 1973

SCHEDULES

Section 10.

SCHEDULE 1 Detention of Terrorists

PART I Commissioners and Appeal Tribunal

1 For 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.

The Commissioners

2 There shall be such number of commissioners as the Secretary of State may determine.

3 A 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.

5 The Ministry shall appoint such officers and servants for the commissioners as the Secretary of State may determine.

The Detention Appeal Tribunal

6 The 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.

7 A 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.

8 A 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.

10 The Ministry shall appoint such officers and servants for the Tribunal as the Secretary of State may determine.

PART II Interim Custody Orders and Detention Orders

Interim Custody Orders

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.

Adjudication by Commissioner

12 Where 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.

13 Not 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.

15 On 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.

16 On 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.

17 Where, 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.

18 Where 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.

19 A 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.

21 A 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.

22 A 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.

23 Subject to the provisions of this Part of this Schedule, a commissioner may regulate his own procedure.

Detention Orders

24 Where 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.

PART III Appeals

Notice of appeal

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.

Proceedings on appeal

28 Subject 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.

29 The hearing of an appeal shall be in private.

30 On 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.

31 The Tribunal may require the attendance of the appellant if this appears to them to be necessary.

32 On 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.

33 Paragraphs 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.

34 Subject to the provisions of this Schedule, the Tribunal may regulate their own procedure.

PART IV Supplemental

Reference for review

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.

Release of persons detained

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.

Supplementary provisions as to detention

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.

Offences of escape, rescue, etc.

38 Any 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.

Interpretation

39 In 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.

Section 19.

SCHEDULE 2 Proscribed Organisations

• The Irish Republican Army.

• Cumann na m'Ban.

• Fianna na h'Eireann.

• Saor Eire. Sinn Fein.

• The Ulster Volunteer Force.

Section 24.

SCHEDULE 3 The Northern Ireland (Emergency Provisions) Regulations 1973

Title

1 These regulations may be cited as the Northern Ireland (Emergency Provisions) Regulations 1973.

Road traffic

2 The Secretary of State may by order prohibit, restrict or regulate in any area the use of vehicles or any class of vehicles on highways or the use by vehicles or any class of vehicles of roads or classes of roads specified in the order, either generally or in such circumstances as may be so specified.

Railways

3 The Secretary of State, or any officer of the Royal Ulster Constabulary not below the rank of assistant chief constable, may direct any person having the management of a railway to secure that any train specified in the direction or trains of any class so specified shall stop, or shall not stop, at a station or other place so specified.

Funerals

4 Where it appears to an officer of the Royal Ulster Constabulary not below the rank of chief inspector that a funeral may occasion a breach of the peace or serious public disorder, or cause undue demands to be made on Her Majesty's forces or the police, he may give directions imposing on the persons organising or taking part in the funeral such conditions as appear to him to be necessary for the preservation of public order including (without prejudice to the generality of the foregoing) conditions—

(a) prescribing the route to be taken by the funeral;

(b) prohibiting the funeral from entering any place specified in the directions ;

(c) requiring persons taking part in the funeral to travel in vehicles.

Closing of licensed premises, clubs, etc.

5 The Secretary of State may by order require that premises licensed under the [1971 c. 3 (N.I.).] Licensing Act (Northern Ireland) 1971, premises registered under the [1967 c. 27 (N.I.).] Registration of Clubs Act (Northern Ireland) 1967 or any place of entertainment or public resort shall be closed and remain closed, either for an indefinite period or for a period, or until an event, specified in the order or shall be closed at a particular time either on all days or on any day so specified.

Section 27.

SCHEDULE 4 The Scheduled Offences

PART I Substantive Offences

Common law offences

1 Murder, subject to note 1 below.

2 Manslaughter, subject to note 1 below.

3 The common law offence of arson.

4 The common law offence of riot.

[1861 c. 97.] Malicious Damage Act 1861

5 Offences under the following provisions of the Malicious Damage Act 1861—

(a) section 1 (setting fire to church, etc.);

(b) section 2 (setting fire to a dwelling house while a person is inside);

(c) section 3 (setting fire to house, outhouse or business or farming premises with intent to injure or defraud any person);

(d) section 4 (setting fire to railway station, etc.) ;

(e) section 5 (setting fire to any public building);

(f) section 6 (setting fire to other buildings);

(g) section 7 (setting fire to things in or near a building);

(h) section 9 (destroying or damaging building while a person is inside or so as to endanger life);

(i) section 10 (placing explosive in or near a building with intent to destroy or damage property);

(j) section 11 (riotous demolition of building);

(k) section 12 (riotously injuring building, machinery, etc.);

(l) section 16 (setting fire to crops, tree plantations, etc.);

(m) section 17 (setting fire to haystacks, etc.) ;

(n) section 45 (placing explosive in or near ship with intent to damage it or other property).

[1861 c. 100.] Offences against the Person Act 1861

6 Offences under the following provisions of the Offences against the Person Act 1861, subject as mentioned below.—

(a) section 18 (wounding with intent to cause grievous bodily harm) subject to note 2 below ;

(b) section 20 (causing grievous bodily harm) subject to note 2 below ;

(c) section 28 (causing grievous bodily harm by explosives);

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

(e) section 30 (placing explosive near building or ship with intent to do bodily injury);

(f) section 47 (assault occasioning actual bodily harm) subject to note 2 below.

[1883 c. 3.] Explosive Substances Act 1883

7 Offences under the following provisions of the Explosive Substances Act 1883—

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

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

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

[1968 c. 28 (N.I.).] Criminal Justice (Miscellaneous Provisions) Act (Northern Ireland) 1968

8 Offences under section 9 of the Criminal Justice (Miscellaneous Provisions) Act (Northern Ireland) 1968 (riotous behaviour) subject to note 3 below.

[1969 c. 12 (N.I.).] Firearms Act (Northern Ireland) 1969

9 Offences under the following provisions of the Firearms Act (Northern Ireland) 1969—

(a) section 1 (possessing, purchasing or acquiring firearms or ammunition without certificate) ;

(b) section 2 (manufacturing, dealing in, repairing, etc., firearms or ammunition without being registered) ;

(c) section 3 (shortening barrel of shotgun or converting imitation firearm into firearm) ;

(d) section 4 (manufacturing, dealing in or possessing machine gun or pistol, or weapon discharging, or ammunition containing, noxious substance);

(e) section 14 (possessing firearm or ammunition with intent to endanger life or cause serious damage to property);

(f) section 15 (use or attempted use of firearm or imitation firearm to prevent arrest of self or another, etc.);

(g) section 16 (carrying firearm or imitation firearm with intent to commit indictable offence or prevent arrest of self or another);

(h) section 17 (carrying firearm, etc., in public place) ;

(i) section 19 (possession of firearm by person who has been sentenced to imprisonment, etc., and sale of firearm to such a person);

(j) section 19A (possessing firearm or ammunition in suspicious circumstances).

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

10 Offences under the following provisions of the Theft Act (Northern Ireland) 1969, subject as mentioned below.—

(a) section 8 (robbery) subject to note 4 below;

(b) section 10 (aggravated burglary) subject to note 4 below.

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

11 Offences under the following provisions of the Protection of the Person and Property Act (Northern Ireland) 1969—

(a) section 1 (intimidation);

(b) section 2 (making or possessing petrol bombs, etc.);

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

This Act

12 Offences under the following provisions of this Act—

(a) section 19 ;

(b) section 20 ;

(c) paragraph 38 of Schedule 1.

NOTES

1 Neither murder nor manslaughter shall be 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 under section 18, 20 or 47 of the [1861 c. 100.] Offences against the Person Act 1861 shall not be 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.

3 An offence under section 9 of the [1968 c. 28 (N.I.).] Criminal Justice (Miscellaneous Provisions) Act (Northern Ireland) 1968 shall be a scheduled offence only where the maximum term of imprisonment is eighteen months by virtue of section 22 above.

4 Robbery and aggravated burglary shall be scheduled offences only where it is charged that an explosive, firearm, imitation firearm or offensive weapon was used to commit the offence.

PART II Inchoate and Related Offences

13 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 ;

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

SCHEDULE 5 Repeals

Acts

Chapter	Short Title	Extent of Repeal
4 Geo. 4. c. 48.	The Judgment of Death Act 1823.	In section 1, the words " capital murder and ".
7 Will. 4 & 1 Vict. c. 88.	The Piracy Act 1837.	In section 2, the words " as in cases of capital murder ".
24 & 25 Vict. c. 100.	The Offences against the Person Act 1861.	Section 1.
31 & 32 Vict. c. 24.	The Capital Punishment Amendment Act 1868.	In section 2, the words from " sentenced " to " murder ".
50 & 51 Vict. c. 20.	The Criminal Law and Procedure (Ireland) Act 1887.	In section 5, the words from " This section " to " associations ".
		Sections 6 and 7.
		In section 12, in subsection (2), the words " and every special proclamation ", in both places where they occur; in subsection (3), the words " special proclamations", in the first two places where they occur, the words " or a special proclamation " and the words " or special proclamation "; and in subsection (4), the words " not being a special proclamation ".
		In section 13, the words " or any special proclamation ".
		In section 17, the words " or special proclamation ".
		In section 18, the words " and dangerous associations ".
12 & 13 Geo. 5. c. 5 (N.I.).	The Civil Authorities (Special Powers) Act (Northern Ireland) 1922.	The whole Act.
16 & 17 Geo. 5. c. 8 (N.I.).	The Emergency Powers Act (Northern Ireland) 1926.	Section 3.
23 & 24 Geo.5. c. 12 (N.I.).	The Civil Authorities (Special Powers) Act (Northern Ireland) 1933.	The whole Act.
4 & 5 Geo. 6. c. 11 (N.I.).	The Ministries Act (Northern Ireland) 1940.	The whole Act.
1943 c. 2 (N.I.).	The Civil Authorities (Special Powers) Act (Northern Ireland) 1943.	The whole Act.
1945 c. 15 (N.I.).	The Criminal Justice Act (Northern Ireland) 1945.	In section 39, the words " capital murder murder ".
3 & 4 Eliz. 2. c. 18.	The Army Act 1955.	In section 215(4), the words " and to rules made under that Act ", the word " respectively " and the words " and to any rules under that Act as in force in Northern Ireland ".
3 & 4 Eliz. 2. c. 19.	The Air Force Act 1955.	In section 213(4), the words " and to rules made under that Act ", the word " respectively " and the words " and to any rules under that Act as in force in Northern Ireland ".
5 & 6 Eliz. 2. c. 53.	The Naval Discipline Act 1957.	In section 124(2), the words from " to section seven " to " said section seven ", the words " and that section " and the words " and to any rules under that section as so in force ".
1958 c. 9 (N.I.).	The Summary Jurisdiction and Criminal Justice Act (Northern Ireland) 1958.	Section 4.
1964 c. 21 (N.I.).	The Magistrates' Courts Act (Northern Ireland) 1964.	In section 2(2), the words from " or section 3(4) "to" 1922".
		In section 41(1), the words from " or under the Civil" to " thereunder".
1966 c. 20 (N.I.).	The Criminal Justice Act (Northern Ireland) 1966.	Sections 9 to 11.
1967 c. 18 (N.I.).	The Criminal Law Act (Northern Ireland) 1967.	In section 6, in subsection (4), the words from " Without " to " this section "; subsection (5); and in subsection (7), the words from " and section " to " (5) ".
		In Schedule 1, paragraph 2; in paragraph 5, the words " capital murder and "; paragraph 10; paragraph 14(a); paragraph 16; paragraph 21; and in paragraph 22(c), the words " capital murder ".
1968 c. 34 (N.I.).	The Children and Young Persons Act (Northern Ireland) 1968.	In section 51(1)(a), the words " named in the order for committal".
		In section 73(1), the words " under section 9(2) of the Criminal Justice Act (Northern Ireland) 1966 ".
		Section 83(2) to (4).
		Section 85(3)(a).
		In section 86, in subsection (1) the words " or the school to which the child or young person is to be sent" and the word " school", in the last place where it occurs, and subsection (2).
		In section 132, in subsection (3) the words from " and the Ministry " to the end of the subsection, and subsection (8).
		In Schedule 5, in paragraph 12, in sub-paragraph (1), the words from " or to be " to the end of the sub-paragraph, in sub-paragraph (2) the words " or transferred ", and sub-paragraph (3).
1970 c. 22 (N.I.).	The Criminal Justice (Temporary Provisions) Act (Northern Ireland) 1970.	The whole Act.
1970 c. 33 (N.I.).	The Criminal Justice (Temporary Provisions) (Amendment) Act (Northern Ireland) 1970.	The whole Act.
1971 c. 12 (N.I.).	The Public Order (Amendment) Act (Northern Ireland) 1971.	Section 2(3).
1971 c. 25 (N.I.).	The Firearms (Amendment) Act (Northern Ireland) 1971.	Section 3(2) and (3).

Orders

Chapter	Short Title	Extent of Repeal
S.I. 1972 No. 538 (N.I. 1).	The Prosecution of Offences (Northern Ire land) Order 1972.	In Article 7(1), the words from or section 3(2) " to the end.
S.I. 1972 No.1632 (N.I. 15).	The Detention of Terrorists (Northern Ireland) Order 1972.	The whole Order.