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Justice (Northern Ireland) Act 2004

Section 11: Bail under section 67 of the Terrorism Act 2000

32.This section and Schedule 2 (as introduced by subsection (2)) deal with the enforcement of bail granted under section 67 of the Terrorism Act 2000 (c. 11) (“the 2000 Act”) (section 67 forms part of the temporary provisions in part VII of that Act). The intention is that those granted bail under section 67 should, as regards enforcement, be put in the same or a similar position to those who are granted bail for non-scheduled offences. Subsection (1) creates a duty to surrender to custody for those granted bail in scheduled cases under section 67 of the 2000 Act.  The duty is either a duty to surrender to the custody of a court, or to surrender to the custody of the governor of a prison (the latter duty is to cover those released on compassionate bail) (subsection (3) refers).

33.Subsection (4) provides that section 11 and Schedule 2 will cease to have effect on the same day as part VII of the 2000 Act – 19 February 2006 – or such earlier date as the Secretary of State may by order appoint. The power to make an order with the effect that the provisions will cease to have effect is included to cover the situation in which section 67 ceases to have effect before 19 February 2006 either by virtue of an order under section 112(2) of the 2000 Act or because it is allowed to lapse under section 112(1) of the 2000 Act.

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