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Northern Ireland (Emergency Provisions) Act 1991

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This is the original version (as it was originally enacted).

Reference to an Adviser

6(1)As soon as possible after a case is referred to an Adviser under paragraph 5 above, the person detained shall be served with a statement in writing as to the nature of the terrorist activities of which he is suspected.

(2)A person detained may, within seven days following the date on which he receives any such statement as is mentioned in sub-paragraph (1) above, send to the Secretary of State—

(a)written representations concerning his case; and

(b)a written request that he be seen personally by an Adviser;

and the Secretary of State shall send a copy of such representations or request to the Adviser concerned.

(3)The Secretary of State may pay any reasonable costs or expenses incurred by a person detained in obtaining legal advice or legal assistance in connection with the preparation of any representations he may make concerning his case.

7(1)Where the case of a person detained under an interim custody order is referred to an Adviser, he shall consider it and report to the Secretary of State whether or not in his opinion—

(a)the person detained has been concerned in terrorist activities; and

(b)the detention of that person is necessary for the protection of the public.

(2)In considering any case referred to him an Adviser shall have regard to any information (whether oral or in writing) which is made available to, or obtained by, him and to any representations (whether oral or in writing) made by the person detained.

(3)No person shall be present during the consideration by an Adviser of the case of any person referred to him, except—

(a)any person who for the time being is being seen by the Adviser;

(b)any assistant to the Adviser; and

(c)any person who is present in the interests of security.

(4)The Secretary of State may, at the request of an Adviser, pay any reasonable expenses incurred by any person in connection with a reference to the Adviser.

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