Search Legislation

Terrorism Act 2000

Status:

This is the original version (as it was originally enacted).

Specified organisations

107Specified organisations: interpretation

For the purposes of sections 108 to 111 an organisation is specified at a particular time if at that time—

(a)it is specified under section 3(8) of the [1998 c. 35.] Northern Ireland (Sentences) Act 1998, and

(b)it is, or forms part of, an organisation which is proscribed for the purposes of this Act.

108Evidence

(1)This section applies where a person is charged with an offence under section 11.

(2)Subsection (3) applies where a police officer of at least the rank of superintendent states in oral evidence that in his opinion the accused—

(a)belongs to an organisation which is specified, or

(b)belonged to an organisation at a time when it was specified.

(3)Where this subsection applies—

(a)the statement shall be admissible as evidence of the matter stated, but

(b)the accused shall not be committed for trial, be found to have a case to answer or be convicted solely on the basis of the statement.

(4)In this section “police officer” means a member of—

(a)a police force within the meaning of the [1996 c. 16.] Police Act 1996 or the [1967 c. 77.] Police (Scotland) Act 1967, or

(b)the Royal Ulster Constabulary.

109Inferences

(1)This section applies where a person is charged with an offence under section 11.

(2)Subsection (4) applies where evidence is given that—

(a)at any time before being charged with the offence the accused, on being questioned under caution by a constable, failed to mention a fact which is material to the offence and which he could reasonably be expected to mention, and

(b)before being questioned the accused was permitted to consult a solicitor.

(3)Subsection (4) also applies where evidence is given that—

(a)on being charged with the offence or informed by a constable that he might be prosecuted for it the accused failed to mention a fact which is material to the offence and which he could reasonably be expected to mention, and

(b)before being charged or informed the accused was permitted to consult a solicitor.

(4)Where this subsection applies—

(a)the court, in considering any question whether the accused belongs or belonged at a particular time to a specified organisation, may draw from the failure inferences relating to that question, but

(b)the accused shall not be committed for trial, be found to have a case to answer or be convicted solely on the basis of the inferences.

(5)Subject to any directions by the court, evidence tending to establish the failure may be given before or after evidence tending to establish the fact which the accused is alleged to have failed to mention.

110Sections 108 and 109: supplementary

(1)Nothing in section 108 or 109 shall—

(a)prejudice the admissibility of evidence admissible apart from that section,

(b)preclude the drawing of inferences which could be drawn apart from that section, or

(c)prejudice an enactment providing (in whatever words) that an answer or evidence given by a person in specified circumstances is not admissible in evidence against him or some other person in any proceedings or class of proceedings (however described, and whether civil or criminal).

(2)In subsection (1)(c) the reference to giving evidence is a reference to giving it in any manner (whether by giving information, making discovery, producing documents or otherwise).

111Forfeiture orders

(1)This section applies if—

(a)a person is convicted of an offence under section 11 or 12, and

(b)at the time of the offence he belonged to an organisation which was a specified organisation.

(2)The court by or before which the person is convicted may order the forfeiture of any money or other property if—

(a)he had it in his possession or under his control at the time of the offence, and

(b)it has been used in connection with the activities of the specified organisation or the court believes that it may be used in that connection unless it is forfeited.

(3)Before making an order under this section the court must give an opportunity to be heard to any person, other than the convicted person, who claims to be the owner of or otherwise interested in anything which can be forfeited under this section.

(4)A question arising as to whether subsection (1)(b) or (2)(a) or (b) is satisfied shall be determined on the balance of probabilities.

(5)Schedule 4 shall apply (with the necessary modifications) in relation to orders under this section as it applies in relation to orders made under section 23.

Back to top

Options/Help

Print Options

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open Schedules only

The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enactedversion that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources