Northern Ireland (Emergency Provisions) Act 1978

PART I SCHEDULED OFFENCES

Preliminary enquiries, bail and young persons in custody

1 Preliminary enquiry into scheduled offences

(1) Where in any proceedings before a magistrates' court for a scheduled offence (not being an extra-territorial offence as defined in section 1(3) of the [1975 c. 29.] Criminal Jurisdiction Act 1975) the prosecutor requests the court to conduct a preliminary enquiry into the offence under the [1968 c. 32 (N.I.).] Criminal Procedure (Committal for Trial) Act (Northern Ireland) 1968, the court shall, notwithstanding anything in section 1 of that Act of 1968, conduct a preliminary enquiry into the offence unless the court is of opinion that in the interests of justice a preliminary investigation should be conducted into the offence under Part VI of the [1964 c. 21 (N.I.).] Magistrates' Courts Act (Northern Ireland) 1964.

(2) Where in any proceedings a person charged with a scheduled offence is also charged with another offence which is not a scheduled offence, that other offence shall be treated as a scheduled offence for the purposes of subsection (1) above.

2 Limitation of power to grant bail in case of scheduled offences

(1) Subject to the provisions of this section, a person to whom this section applies shall not be admitted to bail except—

(a) by a judge of the Supreme Court; or

(b) by the judge of the court of trial, on adjourning the trial of a person so charged.

(2) A judge shall not admit any such person to bail unless he is satisfied that the applicant—

(a) will comply with the conditions on which he is admitted to bail; and

(b) will not interfere with any witness ; and

(c) will not commit any offence while he is on bail.

(3) Without prejudice to any other power to impose conditions on admission to bail, a judge may impose such conditions on admitting a person to bail under this section as appear to him to be likely to result in that person's appearance at the time and place required or to be necessary in the interests of justice or for the prevention of crime.

(4) Nothing in this section shall prejudice any right of appeal against the refusal of a judge to grant bail.

(5) This section applies, subject to subsection (6) below, to any person—

(a) who is charged with a scheduled offence; and

(b) who has attained the age of 14; and

(c) who is not a serving member of any of Her Majesty's regular naval, military or air forces.

(6) This section does not apply to a person charged with a scheduled offence—

(a) which is being tried summarily ; or

(b) which the Director of Public Prosecutions for Northern Ireland certifies is in his opinion suitable to be tried summarily.

3 Legal aid to applicants for bail in case of scheduled offences

(1) Where it appears to a judge of the Supreme Court—

(a) that a person charged with a scheduled offence intends to apply to be admitted to bail; and

(b) that it is desirable in the interests of justice that that person should have legal aid but that he has not sufficient means to enable him to obtain that aid,

the judge may assign to him a solicitor and counsel, or counsel only, in the application for bail.

(2) If, on a question of granting a person free legal aid under this section, there is a doubt whether his means are sufficient to enable him to obtain legal aid or whether it is desirable in the interests of justice that he should have free legal aid, the doubt shall be resolved in favour of granting him free legal aid.

(3) Sections 24, 27 and 32 of the [1965 c. 8 (N.I.).] Legal Aid and Advice Act (Northern Ireland) 1965 (statements, payments, rules and stamp duty) shall apply in relation to legal aid under this section as they apply in relation to legal aid under Part II of that Act as if any legal aid under this section were given in pursuance of a criminal aid certificate under section 21 of that Act.

4 Holding in custody of young persons charged with scheduled offences

(1) Where a person to whom this section applies has been remanded or committed for trial as respects a scheduled offence and is not released on bail, he may—

(a) notwithstanding the provisions of any enactment, and

(b) whether or not he was remanded or committed for trial at a time when this section was not in force,

be held in custody in such prison or other place as may be specified in a direction given by the Secretary of State under this section (in this section and section 5 below referred to as "a direction ").

(2) The Secretary of State may give a direction in respect of a person to whom this section applies if he considers that it is necessary, in order to prevent his escape or to ensure his safety or the safety of others, to make special arrangements as to the place at which that person is to be held in custody while on remand or while committed for trial.

(3) A direction may be given by the Secretary of State at any time after the young person to whom it relates has been charged with a scheduled offence, and may be varied or revoked by a further direction.

(4) This section applies to any young person charged with a scheduled offence.

(5) In this section " young person " means a person who has attained the age of 14 and is under the age of 17.

5 Directions under s. 4

(1) A direction shall, if it has not previously ceased to have effect, cease to have effect at the expiration of such period as may be specified in the direction (being a period not exceeding two months beginning with the date of the direction), unless continued in force by a further direction.

(2) Where, by virtue of a direction, a young person is held in custody in a prison or other place and the direction ceases to have effect (whether or not by reason of the expiry or cesser of section 4 above) it shall be lawful for him to continue to be held in custody in that prison or place until arrangements can be made for him to be held in custody in accordance with the law then applicable to his case.

(3) Nothing in subsection (2) above shall be taken to make lawful the holding in custody of any person who would, disregarding that subsection, be entitled to be released from custody.

Court and mode of trial

6 Court for trial on indictment of scheduled offences

(1) A trial on indictment of a scheduled offence shall be held only at the Belfast City Commission.

(2) A magistrates' court which commits a person for trial on indictment for a scheduled offence or two or more offences which are or include scheduled offences shall commit him for trial to the Belfast City Commission and section 47 of the [1964 c. 21 (N.I.).] Magistrates' Courts Act (Northern Ireland) 1964 (committal to assize or county court) shall have effect accordingly.

(3) A county court judge may at any time, at the request of the Lord Chief Justice of Northern Ireland, sit and act as a judge at the Belfast City Commission for the trial on indictment of a scheduled offence, or for two or more such trials, and while so sitting and acting shall have all the jurisdiction, powers and privileges of a High Court judge included in the Commission, so far as concerns any such trial.

(4) A county court judge requested to sit and act as aforesaid for a period of time may, notwithstanding the expiry of that period, attend at the Belfast City Commission for the purpose of continuing to deal with, giving judgment in or dealing with any ancillary matter relating to, any case which may have begun before him when sitting as a judge at the Commission and shall have the same jurisdiction, powers and privileges as under subsection (3) above.

7 Mode of trial on indictment of scheduled offences

(1) A trial on indictment of a scheduled offence shall be conducted by the court without a jury.

(2) The court trying a scheduled offence on indictment under this section shall have all the powers, authorities and jurisdiction which the court would have had if it had been sitting with a jury, including power to determine any question and to make any finding which would, apart from this section, be required to be determined or made by a jury, and references in any enactment to a jury or the verdict or finding of a jury shall be construed accordingly in relation to a trial under this section.

(3) Where separate counts of an indictment allege a scheduled offence and an offence which is not a scheduled offence, the trial on indictment shall, without prejudice to section 5 of the [1945 c. 16 (N.I.).] Indictments Act (Northern Ireland) 1945 (orders for amendment of indictment, separate trial and postponement of trial), be conducted as if all the offences alleged in the indictment were scheduled offences.

(4) Without prejudice to subsection (2) above, where the court trying a scheduled offence on indictment—

(a) is not satisfied that the accused is guilty of that offence, but

(b) is satisfied that he is guilty of some other offence which is not a scheduled offence, but of which a jury could have found him guilty on a trial for the scheduled offence,

the court may convict him of that other offence.

(5) Where the court trying a scheduled offence convicts the accused of that or some other offence, then, without prejudice to its power apart from this subsection to give a judgment, it shall, at the time of conviction or as soon as practicable thereafter, give a judgment stating the reasons for the conviction.

(6) A person convicted of any offence on a trial under this section without a jury may, notwithstanding anything in section 8 of the [1968 c. 21.] Criminal Appeal (Northern Ireland) Act 1968, appeal to the Court of Criminal Appeal under that section—

(a) against his conviction, on any ground, without the leave of the Court of Criminal Appeal or a certificate of the judge of the court of trial; and

(b) against sentence passed on conviction, without that leave, unless the sentence is one fixed by law.

(7) Where a person is so convicted, the time for giving notice of appeal under subsection (1) of section 20 of that Act of 1968 shall run from the date of judgment, if later than the date from which it would run under that subsection.

Evidence, onus of proof and treatment of convicted young persons

8 Admissions by persons charged with scheduled offences

(1) In any criminal proceedings for a scheduled offence, or two or more offences which are or include scheduled offences, a statement made by the accused may be given in evidence by the prosecution in so far as—

(a) it is relevant to any matter in issue in the proceedings; and

(b) it is not excluded by the court in pursuance of subsection (2) below.

(2) If, in any such proceedings where the prosecution proposes to give in evidence a statement made by the accused, prima facie evidence is adduced that the accused was subjected to torture or to inhuman or degrading treatment in order to induce him to make the statement, the court shall, unless the prosecution satisfies it that the statement was not so obtained—

(a) exclude the statement, or

(b) if the statement has been received in evidence, either—

(i) continue the trial disregarding the statement; or

(ii) direct that the trial shall be restarted before a differently constituted court (before which the statement in question shall be inadmissible).

(3) This section does not apply to a summary trial.

9 Onus of proof in relation to offences of possession

(1) Where a person is charged with possessing a proscribed article in such circumstances as to constitute an offence to which this section applies and it is proved that at the time of the alleged offence—

(a) he and that article were both present in any premises; or

(b) the article was in premises of which he was the occupier or which he habitually used otherwise than as a member of the public,

the court may accept the fact proved as sufficient evidence of his possessing (and, if relevant, knowingly possessing) that article at that time unless it is further proved that he did not at that time know of its presence in the premises in question, or, if he did know, that he had no control over it.

(2) This section applies to vessels, aircraft and vehicles as it applies to premises.

(3) In this section " proscribed article " means an explosive, firearm, ammunition, substance or other thing (being a thing possession of which is an offence under one of the enactments mentioned in subsection (4) below).

(4) This section applies to scheduled offences under the following enactments, that is to say—

• The [1883 c. 3.] Explosive Substances Act 1883

  Section 3, so far as relating to subsection (1)(b) thereof (possessing explosive with intent to endanger life or cause serious damage to property).

  Section 4 (possessing explosive in suspicious circumstances).

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

  Section 1 (possessing firearm or ammunition without, or otherwise than as authorised by, a firearm certificate).

  Section 4 (possessing machine gun, or weapon discharging, or ammunition containing, noxious substance).

  Section 14 (possessing firearm or ammunition with intent to endanger life or cause serious damage to property).

  Section 15(2) (possessing firearm or imitation firearm at time of committing, or being arrested for, a specified offence).

  Section 19(1) to (3) (possession of a firearm or ammunition by a person who has been sentenced to imprisonment, etc.).

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

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

  Section 2 (possessing petrol bomb, etc., in suspicious circumstances).

(5) This section does not apply to a summary trial.

10 Treatment of young persons convicted of scheduled offences

(1) Section 73(2) of the [1968 c. 34 (N.I.).] Children and Young Persons Act (Northern Ireland) 1968 (under which a court may sentence a child or young person convicted on indictment of an offence punishable in the case of an adult with imprisonment for fourteen years or more to detention for a period specified in the sentence) shall have effect in relation to a young person convicted of a scheduled offence committed while this subsection is in force with the substitution of the word " five " for the word " fourteen ".

(2) Subsection (3) of section 74 of that Act (under which the maximum length of the term or the aggregate of the terms for which a person may be committed in custody to a remand home under section 74(1)(e) is one month) shall have effect in relation to a young person found guilty of a scheduled offence committed while this subsection is in force with the substitution of the words " six months " for the words " one month " .

PART II Powers of Arrest, Detention, Search and Seizure, Etc

11 Arrest of terrorists

(1) Any constable may arrest without warrant any person whom he suspects of being a terrorist.

(2) For the purpose of arresting a person under this section a constable may enter and search any premises or other place where that person is or where the constable suspects him of being.

(3) A person arrested under this section shall not be detained in right of the arrest for more than seventy-two hours after his arrest, and section 132 of the [1964 c. 21 (N.I.).] Magistrates' Courts Act (Northern Ireland) 1964 and section 50(3) of the [1968 c. 34 (N.I.).] Children and Young Persons Act (Northern Ireland) 1968 (requirement to bring arrested person before a magistrates' court not later than forty-eight hours after his arrest) shall not apply to any such person.

(4) Where a person is arrested under this section, an officer of the Royal Ulster Constabulary not below the rank of chief inspector may order him to be photographed and to have his finger prints and palm prints taken by a constable, and a constable may use such reasonable force as may be necessary for that purpose.

12 Detention of terrorists, etc.

Schedule 1 to this Act shall have effect with respect to the detention of terrorists and persons suspected of being terrorists.

13 Constables' general power of arrest and seizure

(1) Any constable may arrest without warrant any person whom he suspects of committing, having committed or being about to commit a scheduled offence or an offence under this Act which is not a scheduled offence.

(2) For the purposes of arresting a person under this section a constable may enter and search any premises or other place where that person is or where the constable suspects him of being.

(3) A constable may seize anything which he suspects is being, has been or is intended to be used in the commission of a scheduled offence or an offence under this Act which is not a scheduled offence.

14 Powers of arrest of members of Her Majesty's forces

(1) A member of Her Majesty's forces on duty may arrest without warrant, and detain for not more than four hours, a person whom he suspects of committing, having committed or being about to commit any offence.

(2) A person effecting an arrest under this section complies with any rule of law requiring him to state the ground of arrest if he states that he is effecting the arrest as a member of Her Majesty's forces.

(3) For the purpose of arresting a person under this section a member of Her Majesty's forces may enter and search any premises or other place—

(a) where that person is, or

(b) if that person is suspected of being a terrorist or of having committed an offence involving the use or possession of an explosive, explosive substance or firearm, where that person is suspected of being.

15 Power to search for munitions and radio transmitters

(1) Any member of Her Majesty's forces on duty or any constable may enter any premises or other place other than a dwelling-house for the purpose of ascertaining—

(a) whether there are any munitions unlawfully at that place; or

(b) whether there is a transmitter at that place ;

and may search the place for any munitions or transmitter with a view to exercising the powers conferred by subsection (4) below.

(2) Any member of Her Majesty's forces on duty authorised by a commissioned officer of those forces or any constable authorised by an officer of the Royal Ulster Constabulary not below the rank of chief inspector may enter any dwelling-house in which it is suspected that there are unlawfully any munitions or that there is a transmitter and may search it for any munitions or transmitter with a view to exercising the said powers.

(3) Any member of Her Majesty's forces on duty or any constable may—

(a) stop any person in any public place and, with a view to exercising the said powers, search him for the purpose of ascertaining whether he has any munitions unlawfully with him or any transmitter with him; and

(b) with a view to exercising the said powers, search any person not in a public place whom he suspects of having any munitions unlawfully with him or any transmitter with him.

(4) A member of Her Majesty's forces or a constable—

(a) authorised to search any premises or other place or any person under this Act, may seize any munitions found in the course of the search unless it appears to the person so authorised that the munitions are being, have been and will be used only for a lawful purpose and may retain and, if necessary, destroy them;

(b) authorised to search any premises or other place or any person, may seize any transmitter found in the course of the search unless it appears to the person so authorised that the transmitter has been, is being and is likely to be used only lawfully and may retain it.

(5) In this section—

• " munitions " means—

  (a)

  explosives, explosive substances, firearms and ammunition; and

  (b)

  anything used or capable of being used in the manufacture of any explosive, explosive substance, firearm or ammunition;

• " transmitter " means any apparatus for wireless telegraphy designed or adapted for emission, as opposed to reception, and includes part of any such apparatus;

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

16 Powers of explosives inspectors

(1) An inspector appointed under section 53 of the [1875 c. 17.] Explosives Act 1875 may, for the purpose of ascertaining whether there is unlawfully in any premises or other place other than a dwelling-house any explosive or explosive substance, enter that place and search it with a view to exercising the powers conferred by subsection (3) below.

(2) Any such inspector may stop any person in a public place and search him for the purpose of ascertaining whether he has any explosive or explosive substance unlawfully with him with a view to exercising the said powers.

(3) Any such inspector may seize any explosive or explosive substance found in the course of a search under this section unless it appears to him that it is being, has been and will be used only for a lawful purpose and may retain and, if necessary, destroy it.

17 Entry to search for persons unlawfully detained

(1) Where any person is believed to be unlawfully detained in such circumstances that his life is in danger, any member of Her Majesty's forces on duty or any constable may, subject to subsection (2) below, enter any premises or other place for the purpose of ascertaining whether that person is so detained there.

(2) A dwelling-house may be entered in pursuance of subsection (1) above—

(a) by a member of Her Majesty's forces, only when authorised to do so by a commissioned officer of those forces; and

(b) by a constable, only when authorised to do so by an officer of the Royal Ulster Constabulary not below the rank of chief inspector.

18 Power to stop and question

(1) Any member of Her Majesty's forces on duty or any constable may stop and question any person for the purpose of ascertaining—

(a) that person's identity and movements;

(b) what he knows concerning any recent explosion or any other incident endangering life or concerning any person killed or injured in any such explosion or incident; or

(c) any one or more of the matters referred to in paragraphs (a) and (b) above.

(2) Any person who—

(a) fails to stop when required to do so under this section, or

(b) refuses to answer, or fails to answer to the best of his knowledge and ability, any question addressed to him under this section,

shall be liable on summary conviction to imprisonment for a term not exceeding six months or to a fine not exceeding £400, or both.

19 General powers of entry and interference with rights of property and with highways

(1) Any member of Her Majesty's forces on duty or any constable may enter any premises or other place—

(a) if he considers it necessary to do so in the course of operations for the preservation of the peace or the maintenance of order; or

(b) if authorised to do so by or on behalf of the Secretary of State.

(2) Any member of Her Majesty's forces on duty, any constable or any person specifically authorised to do so by or on behalf of the Secretary of State may, if authorised to do so by or on behalf of the Secretary of State—

(a) take possession of any land or other property;

(b) take steps to place buildings or other structures in a state of defence;

(c) detain any property or cause it to be destroyed or moved;

(d) do any other act interfering with any public right or with any private rights of property, including carrying out any works on any land of which possession has been taken under this subsection.

(3) Any member of Her Majesty's forces on duty, any constable or any person specifically authorised to do so by or on behalf of the Secretary of State may, so far as he considers it immediately necessary for the preservation of the peace or the maintenance of order—

(a) wholly or partly close a highway or divert or otherwise interfere with a highway or the use of a highway ; or

(b) prohibit or restrict the exercise of any right of way or the use of any waterway.

(4) Any person who, without lawful authority or reasonable excuse (the proof of which lies on him), interferes with works executed, or any apparatus, equipment or any other thing used, in or in connection with the exercise of powers conferred by this section, shall be liable on summary conviction to imprisonment for a term not exceeding six months or to a fine not exceeding £400, or both.

(5) Any authorisation to exercise any powers under any provision of this section may authorise the exercise of all those powers, or powers of any class or a particular power specified, either by all persons by whom they are capable of being exercised or by persons of any class or a particular person specified.

20 Supplementary provisions

(1) Any power conferred by this Part of this Act—

(a) to enter any premises or other place includes power to enter any vessel, aircraft or vehicle ;

(b) to search any premises or other place includes power to stop and search any vehicle or vessel or any aircraft which is not airborne and search any container;

and in this Part of this Act references to any premises or place shall be construed accordingly.

(2) In this Part of this Act references to a dwelling-house include references to a vessel or vehicle which is habitually stationary and used as a dwelling.

(3) Any power conferred by this Part of this Act to enter any place, vessel, aircraft or vehicle shall be exercisable, if need be, by force.

(4) Any power conferred by virtue of this section to search a vehicle or vessel shall, in the case of a vehicle or vessel which cannot be conveniently or thoroughly searched at the place where it is, include power to take it or cause it to be taken to any place for the purpose of carrying out the search.

(5) Any power conferred by virtue of this section to search any vessel, aircraft, vehicle or container includes power to examine it.

(6) Any power conferred by this Part of this Act to stop any person includes power to stop a vessel or vehicle or an aircraft which is not airborne.

(7) Any person who, when required by virtue of this section to stop a vessel or vehicle or any aircraft which is not airborne, fails to do so shall be liable on summary conviction to imprisonment to a term not exceeding six months or to a fine not exceeding £400, or both.

(8) A member of Her Majesty's forces exercising any power conferred by this Part of this Act when he is not in uniform shall, if so requested by any person at or about the time of exercising that power, produce to that person documentary evidence that he is such a member.

(9) The [1868 c. 37.] Documentary Evidence Act 1868 shall apply to any authorisation given in writing under this Part of this Act by or on behalf of the Secretary of State as it applies to any order made by him.

PART III Offences Against Public Security and Public Order

21 Proscribed organisations

(1) Subject to subsection (7) below, any person who—

(a) belongs or professes to belong to a proscribed organisation ; or

(b) solicits or invites financial or other support for a pro scribed organisation, or knowingly makes or receives any contribution in money or otherwise to the resources of a proscribed organisation ; or

(c) solicits or invites any person to become a member of a proscribed organisation or to carry out on behalf of a proscribed organisation orders or directions given, or requests made, by a member of that organisation,

shall be liable on summary conviction to imprisonment for a term not exceeding six months or to a fine not exceeding £400, or both, and on conviction on indictment to imprisonment for a term not exceeding ten years or to a fine, or both.

(2) The court by or before which a person is convicted of an offence under this section may order the forfeiture of any money or other property which at the time of the offence he had in his possession or under his control for the use or benefit of the proscribed organisation.

(3) The organisations specified in Schedule 2 to this Act are proscribed organisations for the purposes of this section; and any organisation which passes under a name mentioned in that Schedule shall be treated as proscribed, whatever relationship (if any) it has to any other organisation of the same name.

(4) The Secretary of State may by order add to Schedule 2 to this Act any organisation that appears to him to be concerned in terrorism or in promoting or encouraging it.

(5) The Secretary of State may also by order remove an organisation from Schedule 2 to this Act.

(6) The possession by a person of a document—

(a) addressed to him as a member of a proscribed organisation ; or

(b) relating or purporting to relate to the affairs of a proscribed organisation; or

(c) emanating or purporting to emanate from a proscribed organisation or officer of a proscribed organisation,

shall be evidence of that person belonging to the organisation at the time when he had the document in his possession.

(7) A person belonging to a proscribed organisation shall—

(a) if the organisation is a proscribed organisation by virtue of an order under subsection (4) above ; or

(b) if this section has ceased to be in force but has been subsequently brought into force by an order under section 33(3) below,

not be guilty of an offence under this section by reason of belonging to the organisation if he has not after the coming into force of the order under subsection (4) above or the coming into force again of this section, as the case may be, taken part in any activities of the organisation.

(8) Subsection (7) above shall apply in relation to a person belonging to the Red Hand Commando, the Ulster Freedom Fighters or the Ulster Volunteer Force as if the organisation were proscribed by virtue of an order under subsection (4) above with the substitution, in subsection (7), for the reference to the coming into force of such an order of a reference—

(a) as respects a person belonging to the Red Hand Commando or the Ulster Freedom Fighters, to 12th November 1973;

(b) as respects a person belonging to the Ulster Volunteer Force, to 4th October 1975.

22 Unlawful collection, etc. of information

(1) No person shall, without lawful authority or reasonable excuse (the proof of which lies on him)—

(a) , collect, record, publish, communicate or attempt to elicit any information with respect to any person to whom this paragraph applies which is of such a nature as is likely to be useful to terrorists ;

(b) collect or record any information which is of such a nature as is likely to be useful to terrorists in planning or carrying out any act of violence ; or

(c) have in his possession any record of or document containing any such information as is mentioned in paragraph (a) or (b) above.

(2) Subsection (1)(a) above applies to any of the following persons, that is to say—

(a) any constable or member of Her Majesty's forces ;

(b) any person holding judicial office ;

(c) any officer of any court; and

(d) any person employed for the whole of his time in the prison service in Northern Ireland.

(3) In subsection (1) above any reference to recording information includes a reference to recording it by means of photography or by any other means.

(4) If any person contravenes this section, he shall be liable—

(a) on summary conviction, to imprisonment for a term not exceeding six months or to a fine not exceeding £400, or both;

(b) on conviction on indictment, to imprisonment for a term not exceeding ten years or a fine, or both.

(5) The court by or before which a person is convicted of an offence under this section may order the forfeiture of any record or document mentioned in subsection (1) above which is found in his possession.

(6) Without prejudice to section 33 of the [1889 c. 63.] Interpretation Act 1889 (offences under two or more laws), nothing in this section shall derogate from the operation of the Official Secrets Acts 1911 and 1920.

23 Training in making or use of firearms, explosives or explosive substances

(1) Subject to subsection (2) below, any person who instructs or trains another or receives instruction or training in the making or use of firearms, explosives or explosive substances shall be liable—

(a) on summary conviction, to imprisonment for a term not exceeding six months or to a fine not exceeding £400, or both;

(b) on conviction on indictment, to imprisonment for a term not exceeding ten years or to a fine, or both.

(2) In any prosecution for an offence under this section it shall be a defence for the person charged to prove that the instruction or training was given or received with lawful authority or for industrial, agricultural or sporting purposes only or otherwise with good reason.

(3) The court by or before which a person is convicted of an offence under this section may order the forfeiture of any thing which appears to the court to have been in his possession for purposes connected with the offence.

(4) Without prejudice to section 33 of the [1889 c. 63.] Interpretation Act 1889 (offences under two or more laws), nothing in this section shall derogate from the operation of the [1819 c. 1.] Unlawful Drilling Act 1819.

24 Failure to disperse when required to do so

(1) Where any commissioned officer of Her Majesty's forces or any officer of the Royal Ulster Constabulary not below the rank of chief inspector is of opinion that any assembly of three or more persons—

(a) may lead to a breach of the peace or public disorder; or

(b) may make undue demands on the police or Her Majesty's forces,

he, or any member of those forces on duty or any constable, may order the persons constituting the assembly to disperse forthwith.

(2) Where an order is given under this section with respect to an assembly, any person who thereafter joins or remains in the assembly or otherwise fails to comply with the order shall be liable on summary conviction to imprisonment for a term not exceeding six months or to a fine not exceeding £400, or both.

25 Dressing or behaving in a public place like a member of a proscribed organisation

Any person who in a public place dresses or behaves in such a way as to arouse reasonable apprehension that he is a member of a proscribed organisation shall be liable on summary conviction to imprisonment for a term not exceeding six months or to a fine not exceeding £400, or both.

26 Wearing of hoods, etc. in public places

Any person who, without lawful authority or reasonable excuse (the proof of which lies on him), wears in a public place or in the curtilage of a dwelling-house (other than one in which he is residing) any hood, mask or other article whatsoever made, adapted or used for concealing the identity or features shall be liable on summary conviction to imprisonment for a term not exceeding six months or to a fine not exceeding £400, or both.

PART IV Miscellaneous and General

27 Supplementary regulations for preserving the peace, etc.

(1) The Secretary of State may by regulations make provision additional to the foregoing provisions of this Act for promoting the preservation of the peace and the maintenance of order.

(2) Any person contravening or failing to comply with the provisions of any regulations under this section or any instrument or directions under any such regulations shall be liable on summary conviction to imprisonment for a term not exceeding six months or to a fine not exceeding £400, or both.

(3) The regulations contained in Schedule 3 to this Act shall be deemed to have been made under this section and to have been approved in draft by each House of Parliament, and may be varied or revoked accordingly.

28 Compensation

(1) Where under this Act any real or personal property is taken, occupied, destroyed or damaged, or any other act is done interfering with private rights of property, compensation shall, subject to the provisions of this section, be payable by the Secretary of State.

(2) Any question as to compensation under this section shall, in default of agreement, be referred for determination to the county court or an arbitrator to be appointed by that court.

(3) The procedure for determining any question referred under subsection (2) above shall be that prescribed by rules made by the Lord Chief Justice of Northern Ireland after consultation with the Secretary of State.

(4) Nothing in this section shall be construed as giving to any person by whom an offence has been committed any right to compensation in respect of property taken, occupied, destroyed or damaged or in respect of any other act done in connection with the offence.

29 Restriction of prosecutions

(1) A prosecution shall not be instituted in respect of any offence under this Act except by or with the consent of the Director of Public Prosecutions for Northern Ireland.

(2) Article 7 of the [S.I. 1972/538 (N.I. 1).] Prosecution of Offences (Northern Ireland) Order 1972 shall apply in relation to any offence under this Act as if subsection (1) above were a consent provision within the meaning of that Article.

30 The scheduled offences

(1) In this Act " scheduled offence " means an offence specified in Part I or Part III of Schedule 4 to this Act, subject, however, to any relevant note contained in the said Part I.

(2) Part II of that Schedule shall have effect with respect to offences related to those specified in Part I of that Schedule.

(3) The Secretary of State may by order amend Parts I and II of that Schedule (whether by adding an offence to, or removing an offence from, either of those Parts, or otherwise).

31 Interpretation

(1) In this Act, except so far as the context otherwise requires—

• " constable " includes any member of the Royal Naval, Military or Air Force Police;

• " dwelling-house " means any building or part of a building used as a dwelling ;

• " enactment " includes an enactment of the Parliament of Northern Ireland and a Measure of the Northern Ireland Assembly;

• " explosive " means any article or substance manufactured for the purpose of producing a practical effect by explosion;

• " explosive substance " means any substance for the time being specified in regulations made under section 3 of the [1970 c. 10 (N.I.).] Explosives Act (Northern Ireland) 1970 ;

• " firearm " includes an air gun or air pistol;

• " proscribed organisation " means an organisation for the time being specified in Schedule 2 to this Act, including an organisation which is to be treated as a proscribed organisation by virtue of section 21(3) above;

• " public place " means a place to which for the time being members of the public have or are permitted to have access, whether on payment or otherwise ;

• " scheduled offence" has the meaning ascribed to it by section 30 above;

• " terrorism " means the use of violence for political ends and includes any use of violence for the purpose of putting the public or any section of the public in fear;

• " terrorist " means a person who is or 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 ;

• " vehicle " includes a hovercraft.

(2) Any reference in this Act, except so far as the context otherwise requires, to an enactment shall be construed as a reference to that enactment as amended, applied or extended by or under any other enactment, including this Act.

(3) It is hereby declared that in applying section 38(1) of the [1889 c. 63.] Interpretation Act 1889 (effect of repeal and re-enactment) for the construction of references in this Act to other Acts or enactments, account is to be taken of repeal and re-enactment by a Measure of the Northern Ireland Assembly or an Order in Council.

32 Orders and regulations

(1) Any power to make orders or regulations conferred by this Act (except the powers to make orders conferred by Schedules 1 and 3 to this Act) shall be exercisable by statutory instrument.

(2) Any power to make an order under any provision of this Act shall include power to vary or revoke any order under that provision.

(3) No order or regulations under this Act (except an order under either of those Schedules) shall be made unless—

(a) a draft of the order or regulations has been approved by resolution of each House of Parliament; or

(b) it is declared in the order or regulations that it appears to the Secretary of State that by reason of urgency it is necessary to make the order or regulations without a draft having been so approved.

(4) Orders and regulations under this Act (except an order under either of those Schedules and except an order or regulations of which a draft has been so approved) shall be laid before Parliament after being made and, if at the end of the period of 40 days (computed in accordance with section 7(1) of the [1946 c. 36.] Statutory Instruments Act 1946) after the day on which the Secretary of State made an order or regulations a resolution has not been passed by each House approving the order or regulations in question, the order or regulations shall then cease to have effect (but without prejudice to anything previously done or to the making of a new order or new regulations).

33 Commencement, duration, expiry and revival of provisions of this Act

(1) This Act (except section 32 above and this section) shall come into operation on 1st June 1978.

(2) The provisions of this Act, except sections 5 and 28 to 36, Part III of Schedule 4 and Schedules 5 and 6 to this Act and, so far as they relate to offences which are scheduled offences by virtue of the said Part III, sections 2, 6 and 7 above, shall expire with 24th July 1978 unless continued in force by an order under this section.

(3) The Secretary of State may by order provide—

(a) that all or any of the said provisions which are for the time being in force (including any in force by virtue of an order under this section) shall continue in force for a period not exceeding six months from the coming into operation of the order;

(b) that all or any of the said provisions which are for the time being in force shall cease to be in force; or

(c) that all or any of the said provisions which are not for the time being in force shall come into force again and remain in force for a period not exceeding six months from the coming into operation of the order.

(4) The coming into force of any provision of sections 6 to 9 above (otherwise than on the commencement of this Act) shall not affect any trial on indictment where the indictment has been presented, or any summary trial which has started, before the coming into force of that provision, and any such trial shall be conducted as if the provision had not come into force.

(5) Where before the coming into force of subsection (1) of section 6 above (otherwise than on the commencement of this Act), a person has been committed for trial for a scheduled offence and the indictment has not been presented, then, on the coming into force of that subsection, he shall, if he was committed to a court of assize (other than the Belfast City Commission) or to a county court, be treated as having been committed to that Commission.

(6) The expiry or cesser of any provision mentioned in subsection (4) above shall not affect the application of that provision to any trial on indictment where the indictment has been presented, or any summary trial which has started, before the expiry or cesser.

(7) It is hereby declared that the expiry or cesser of subsection (2) of section 6 above shall not affect any committal of a person for trial under that subsection to the Belfast City Commission where the indictment has not been presented.

(8) On the expiry or cesser of any provision of this Act, section 38(2) of the [1889 c. 63.] Interpretation Act 1889 (effect of repeals) shall apply as if the provision had been repealed by another Act and, in the case of section 27 above, any regulations made thereunder had been enactments.

34 Consequential amendments

(1) In section 41(5)(b) of the [1877 c. 57.] Supreme Court of Judicature Act (Ireland) 1877 for the words from " 3(1)" onwards substitute " 2(1) and 6(3) and (4) of the Northern Ireland (Emergency Provisions) Act 1978 ".

(2) In paragraph 8 of Schedule 3 to the [1976 c. 8.] Prevention of Terrorism (Temporary Provisions) Act 1976 for " 1973 " substitute " 1978 ".

(3) In section 4(1) of the [1975 c. 59.] Criminal Jurisdiction Act 1975 for " said Act" substitute " Northern Ireland (Emergency Provisions) Act 1973 ".

35 Transitional provisions, savings and repeals

(1) Neither any rule of law nor any enactment other than this Act nor anything contained in a commission issued for the trial of any person shall be construed as limiting or otherwise affecting the operation of any provision of this Act for the time being in force, but—

(a) subject to the foregoing, any power conferred by this Act shall not derogate from Her Majesty's prerogative or any powers exercisable apart from this Act by virtue of any rule of law or enactment; and

(b) subject to the foregoing and to section 33(6) above, a provision of this Act shall not affect the operation of any rule of law or enactment at a time when the provision is not in force.

(2) The transitional provisions and savings contained in Schedule 5 to this Act shall have effect.

(3) Subject to Schedule 5, the enactments specified in Schedule 6 to this Act are hereby repealed to the extent specified in column 3 of that Schedule.

36 Short title and extent

(1) This Act may be cited as the Northern Ireland (Emergency Provisions) Act 1978.

(2) This Act extends to Northern Ireland only.