Northern Ireland (Emergency Provisions) Act 1978

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 " .