Part II Proscribed Organisations

Offences

11 Membership.

1

A person commits an offence if he belongs or professes to belong to a proscribed organisation.

2

It is a defence for a person charged with an offence under subsection (1) to prove—

a

that the organisation was not proscribed on the last (or only) occasion on which he became a member or began to profess to be a member, and

b

that he has not taken part in the activities of the organisation at any time while it was proscribed.

3

A person guilty of an offence under this section shall be liable—

a

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

b

on summary conviction, to imprisonment for a term not exceeding six months, to a fine not exceeding the statutory maximum or to both.

4

In subsection (2) “proscribed” means proscribed for the purposes of any of the following—

a

this Act;

b

the M1Northern Ireland (Emergency Provisions) Act 1996;

c

the M2Northern Ireland (Emergency Provisions) Act 1991;

d

the M3Prevention of Terrorism (Temporary Provisions) Act 1989;

e

the M4Prevention of Terrorism (Temporary Provisions) Act 1984;

f

the M5Northern Ireland (Emergency Provisions) Act 1978;

g

the M6Prevention of Terrorism (Temporary Provisions) Act 1976;

h

the M7Prevention of Terrorism (Temporary Provisions) Act 1974;

i

the M8Northern Ireland (Emergency Provisions) Act 1973.

12 Support.

1

A person commits an offence if—

a

he invites support for a proscribed organisation, and

b

the support is not, or is not restricted to, the provision of money or other property (within the meaning of section 15).

2

A person commits an offence if he arranges, manages or assists in arranging or managing a meeting which he knows is—

a

to support a proscribed organisation,

b

to further the activities of a proscribed organisation, or

c

to be addressed by a person who belongs or professes to belong to a proscribed organisation.

3

A person commits an offence if he addresses a meeting and the purpose of his address is to encourage support for a proscribed organisation or to further its activities.

4

Where a person is charged with an offence under subsection (2)(c) in respect of a private meeting it is a defence for him to prove that he had no reasonable cause to believe that the address mentioned in subsection (2)(c) would support a proscribed organisation or further its activities.

5

In subsections (2) to (4)—

a

meeting” means a meeting of three or more persons, whether or not the public are admitted, and

b

a meeting is private if the public are not admitted.

6

A person guilty of an offence under this section shall be liable—

a

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

b

on summary conviction, to imprisonment for a term not exceeding six months, to a fine not exceeding the statutory maximum or to both.

13 Uniform.

1

A person in a public place commits an offence if he—

a

wears an item of clothing, or

b

wears, carries or displays an article,

in such a way or in such circumstances as to arouse reasonable suspicion that he is a member or supporter of a proscribed organisation.

2

A constable in Scotland may arrest a person without a warrant if he has reasonable grounds to suspect that the person is guilty of an offence under this section.

3

A person guilty of an offence under this section shall be liable on summary conviction to—

a

imprisonment for a term not exceeding six months,

b

a fine not exceeding level 5 on the standard scale, or

c

both.