Northern Ireland (Emergency Provisions) Act 1978

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.