Summary of the Main Part 7 Provisions Preserved by This Act
Sections 65-80 and Schedule 9: Diplock Provisions
9.These sections make special judicial arrangements for prosecutions relating to paramilitaries and the situation in Northern Ireland and evidential provision in relation to such prosecutions. The most significant provisions are set out below:
Section 65 and Schedule 9 define which offences qualify for special treatment because they are terrorist offences or are offences related to the situation in Northern Ireland (“scheduled offences”) and give the Attorney General a discretion in certain cases to certify that an offence should not be treated as a scheduled offence.
Section 67 provides that in the case of a scheduled offence bail cannot be granted by a magistrate. The provision owes it origin to the fact that prior to its introduction, when magistrates were dealing with bail applications in terrorist cases, the courts became crowded with people who tried to intimidate the court.
Sections 72 and 73 provide that time limits may be set for the stages of proceedings leading up to trial in scheduled cases. The power has never been used, although an administrative time limit scheme is in operation.
Section 75 provides for the mode of trial on indictment of scheduled offences to be by a court sitting without a jury – "a Diplock trial" – but with all the powers, authorities and jurisdiction of the jury court. The Diplock Court system dates back to 1972 when the Diplock Commission found that the jury system as a means of trying terrorist crime was under strain and in danger of breaking down. It highlighted the danger of perverse acquittals and intimidation of jurors. There is an unfettered right of appeal from the decision of the trial judge.
Section 81-90, 95 and Schedule 10: Police and Army Powers
10.These provisions provide powers enabling the army to operate independently of the police in Northern Ireland. They also provide additional powers to the police for use in the prevention and investigation of terrorist crime. The provisions include powers to enter premises, to arrest, to stop and search, to search and seize, to examine documents and to stop and question.
Section 91-4: Road Closures and Land Requisitions
11.These sections allow for the requisition of land (on the authorisation of the Secretary of State), the temporary closure of roads (by police and army) and the permanent closure of roads (by order of the Secretary of State). The powers are necessary in providing land for police and army bases and to provide protection for residents at sectarian interfaces where the fear of attack by the opposing community remains real.
Section 96: Regulation-Making Power for the Secretary of State
12.This section enables the Secretary of State to make regulations for the preservation of peace and the maintenance of order. The power is wide ranging. Regulations made under it are subject to the affirmative resolution procedure. The Northern Ireland (Emergency Provisions) Regulations 1991 (S.I.1991/1759) and the Northern Ireland (Emergency Provisions) Regulations 1975 (S.I. 1975/2213) were made under the predecessor of this power and remain in force.
Section 98-101 and 104: Safeguards
13.These sections provide safeguards in the operation of Part 7 including the provision for the appointment of an Independent Assessor of Military Complaints Procedures and a power for the Secretary of State to make Codes of Practice in relation to the police and army powers under Part 7.
Section 106 and Schedule 13: Regulation of Private Security Industry
14.These provisions provide for the regulation of the private security industry in Northern Ireland.
Section 108: Opinion Evidence
15.Section 108 allows for the oral evidence of a police officer, of at least the rank of superintendent, to be admissible as evidence that the accused is or was a member of a specified organisation. The accused cannot be committed for trial, found to have a case to answer or convicted solely on the basis of this statement.
