http://www.legislation.gov.uk/ukpga/1989/4/section/2APrevention of Terrorism (Temporary Provisions) Act 1989 (repealed)An Act to make provision in place of the Prevention of Terrorism (Temporary Provisions) Act 1984; to make further provision in relation to powers of search under, and persons convicted of scheduled offences within the meaning of, the Northern Ireland (Emergency Provisions) Act 1978; and to enable the Secretary of State to prevent the establishment of new explosives factories, magazines and stores in Northern Ireland.1989-03-15texttext/xmlenStatute Law Database2011-05-272001-02-19 Part I Proscribed Organisations Evidence and inferences.2A1This section applies where a person is charged with an offence under section 2(1)(a) above; and references here to a specified organisation must be construed in accordance with section 2B below.2Subsection (3) below applies if a police officer of or above the rank of superintendent states in oral evidence that in his opinion the accused—abelongs to an organisation which is specified, orbbelonged at a particular time to an organisation which was then specified.3If this subsection applies—athe statement shall be admissible as evidence of the matter stated, butbthe accused shall not be committed for trial in England and Wales, or be found to have a case to answer or be convicted, solely on the basis of the statement.4Subsection (6) below applies if evidence is given that—aat 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, andbbefore being questioned he was permitted to consult a solicitor.5Subsection (6) below also applies if evidence is given that—aon 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, andbbefore being charged or informed he was permitted to consult a solicitor.6If this subsection applies—athe court or jury, 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, butbthe accused shall not be committed for trial in England and Wales, or be found to have a case to answer or be convicted, solely on the basis of the inferences.7Subject 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.8This section does not—aprejudice the admissibility of evidence admissible apart from this section;bpreclude the drawing of inferences which could be drawn apart from this section;cprejudice 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).9In subsection (8)(c) above the reference to giving evidence is a reference to giving it in any manner (whether by giving information, making discovery or disclosure, producing documents or otherwise).10In any proceedings in Scotland for an offence under section 2(1)(a) above in which the accused is charged with belonging to a specified organisation, where the court or jury draws an inference as mentioned in subsection (6) above any evidence that he belongs or, as the case may be, belonged to the organisation shall be sufficient evidence of that matter.11In this section “police officer” means a member of—aa police force within the meaning of the Police Act 1996 or the Police (Scotland) Act 1967, orbthe Royal Ulster Constabulary.12This section does not apply to a statement made or failure occurring before the day on which the Criminal Justice (Terrorism and Conspiracy) Act 1998 was passed.Act repealed (19.2.2001) by 2000 c. 11, ss. 2(1)(a), 125, Sch. 16 Pt I (with s. 129(1); S.I. 2001/421, art. 2Ss. 2A, 2B inserted (4.9.1998) by 1998 c. 40, s. 1(1)1996 c. 16. 1967 c. 77.