Northern Ireland (Emergency Provisions) Act 1996 (repealed)

Link to law: http://www.legislation.gov.uk/ukpga/1996/22/contents

Introductory Text

Part I Scheduled Offences

The scheduled offences
1. The scheduled offences.

Preliminary inquiries, bail and young persons in custody

2. Preliminary inquiry into scheduled offences.
3. Limitation of power to grant bail in case of scheduled offences.
4. Legal aid to applicants for bail in case of scheduled offences.
5. Maximum period of remand in custody in case of scheduled offences.
6. Holding in custody of young persons charged with scheduled offences.
7. Directions under section 6.

Time limits on preliminary proceedings

8. Power of Secretary of State to set time limits in relation to preliminary proceedings for scheduled offences.
9. Section 8: supplementary provisions.

Court and mode of trial

10. Court for trial of scheduled offences.
11. Mode of trial on indictment of scheduled offences.

Evidence and onus of proof

12. Admissions by persons charged with scheduled offences.
13. Onus of proof in relation to offences of possession.

Treatment of offenders

14. Treatment of children convicted of scheduled offences.
15. Restricted remission for persons sentenced for scheduled offences.
16. Conviction of scheduled offence during period of remission.

Part II Powers of Arrest, Search and Seizure, etc.

17. Entry and search of premises for purpose of arresting terrorists.
18. Constables’ general power of arrest and seizure.
19. Powers of arrest and seizure by members of Her Majesty’s forces.
20. Power to search for munitions, radio transmitters and scanning receivers.
21. Section 20: supplementary provisions.
22. Powers of explosives inspectors.
23. Entry to search for persons unlawfully detained.
24. Examination of documents.
25. Power to stop and question.
26. General powers of entry and interference with rights of property and with highways.
27. Power of Secretary of State to direct the closure, etc. of roads.
28. Supplementary provisions.

Part III Offences against Public Security and Public Order

29. Directing terrorist organisation.
30. Proscribed organisations.
30A. Evidence and inferences.
30B. Specified organisations.
31. Display of support in public for a proscribed organisation.
32. Possession of items intended for terrorist purposes.
33. Unlawful collection, etc. of information.
34. Training in making or use of firearms, explosives or explosive substances.
35. Wearing of hoods, etc. in public places.

Part IV Detention Orders
36. Detention orders.

Part V Regulation of the Provision of Private Security Services

37. Prohibition on provision of security services without a certificate.
38. Applications for certificates.
39. Issue, duration and revocation of certificates.
40. Duty to notify Secretary of State of changes of personnel.
41. Records of employees.
42. Payments in respect of the provision of security services.
43. Liability of directors, etc.
44. Notifications.

Part VI Persons in Police Custody under Terrorism Provisions

45. The terrorism provisions and police custody.
46. Right to have someone informed of detention under terrorism provisions.
47. Right of access to legal advice.
48. Fingerprinting.

Part VII Miscellaneous

49. Supplementary regulations for preserving the peace, etc.
50. Explosives factories, magazines and stores.
51. Independent Assessor of Military Complaints Procedures in Northern Ireland.
52. Codes of practice: police powers.
53. Video recording.
53A.Audio recording.
54. Codes of practice: supplementary.
55. Right to compensation.
56. Compensation: notices.

Part VIII Supplementary

57. Restriction of prosecutions.
58. General interpretation.
59. Repeal of Northern Ireland (Emergency Provisions) Act 1991.
60. Orders and regulations.
61. Expenses.
62. Commencement, duration, expiry and revival of provisions of this Act.
63. Savings, amendments and repeals.
64. Short title and extent.

SCHEDULES

SCHEDULE 1
The Scheduled Offences

Part I Substantive Offences

Common law offences

1.Murder subject to note 1 below.
2.Manslaughter subject to note 1 below.
3.Riot subject to note 1 below.
4.Kidnapping subject to note 1 below.
5.False imprisonment subject to note 1 below.

Malicious Damage Act 1861 (c. 97)
6.Offences under section 35 of the Malicious Damage Act 1861...

Offences against the Person Act 1861 (c. 100)
7.Offences under the following provisions of the Offences against the...

Explosive Substances Act 1883 (c. 3)
8.Offences under the following provisions of the Explosive Substances Act...

Prison Act (Northern Ireland) 1953 (c. 18 (N.I.))
9.Offences under the following provisions of the Prison Act (Northern...

Theft Act (Northern Ireland) 1969 (c. 16 (N.I.))
10.Offences under the following provisions of the Theft Act (Northern...

Protection of the Person and Property Act (Northern Ireland) 1969 (c. 29 (N.I.))
11.Offences under the following provisions of the Protection of the...

Hijacking

12.Offences under section 1 of the Aviation Security Act 1982...
13.Offences in Northern Ireland under section 2 of the Criminal...

Criminal Damage (Northern Ireland) Order 1977 (S.I. 1977/426 (N.I. 4))
14.Offences under the following provisions of the Criminal Damage (Northern...

Criminal Law (Amendment) (Northern Ireland) Order 1977 (S.I. 1977/1249 (N.I. 16))
15.Offences under Article 3 of the Criminal Law (Amendment) (Northern...

Firearms (Northern Ireland) Order 1981 (S.I. 1981/155 (N.I. 2))
16.Offences under the following provisions of the Firearms (Northern Ireland)...

Taking of Hostages Act 1982 (c. 28)
17.Offences under the Taking of Hostages Act 1982 subject to...

Nuclear Material (Offences) Act 1983 (c. 18)
18.Offences under section 2 of the Nuclear Material (Offences) Act...

Prevention of Terrorism (Temporary Provisions) Act 1989 (c. 4)
19.Offences under the following provisions of the Prevention of Terrorism...

Aviation and Maritime Security Act 1990 (c. 31)
20.Offences under the following provisions of the Aviation and Maritime...

Channel Tunnel (Security) Order 1994 (S.I. 1994/570)
21.Offences under the following provisions of the Channel Tunnel (Security)...

This Act
22.Offences under the following provisions of this Act—

Notes

1.Any offence specified in this Part of this Schedule which...
2.An offence specified in paragraph 10(a), (c) or (e) is...
4.The offence specified in paragraph 16(g) is a scheduled offence...

Part II Inchoate and Related Offences
Each of the following offences, that is to say— aiding,...

Part III Extra-Territorial Offences
Any extra-territorial offence as defined in section 1(3) of the...

SCHEDULE 2
Proscribed Organisations
The Irish Republican Army. Cumann na mBan. Fianna na hEireann....

SCHEDULE 3
Detention of Terrorists

Advisers

1.The Secretary of State shall for the purposes of this...
2.An Adviser shall be a person who holds or has...
3.(1) An Adviser shall hold and vacate his office in...

Interim custody orders

4.(1) Where it appears to the Secretary of State that...
5.(1) The Secretary of State may, at any time before...

Reference to an Adviser

6.(1) As soon as possible after a case is referred...
7.(1) Where the case of a person detained under an...

Detention orders
8.(1) After receiving a report made by an Adviser under...

Supplemental

9.(1) The Secretary of State may at any time refer...
10.(1) The Secretary of State may, as respects a person...
11.(1) A person required to be detained under an interim...
12.Where a person required to be detained under an interim...
13.Any person who— (a) being detained under an interim custody...
14.(1) Any document purporting to be an order, notice or...
15.The Secretary of State may make such payments to persons...

SCHEDULE 4
Independent Assessor of Military Complaints Procedures in Northern Ireland

Tenure of office
1.(1) Subject to the following provisions of this paragraph, the...

Remuneration etc.
2.(1) There shall be paid to the Independent Assessor such...

Staff
3.(1) The Independent Assessor may appoint such number of employees...

Reports
4.(1) The Independent Assessor shall prepare an annual report on...

Disqualification
5.In Part III of Schedule 1 to the Northern Ireland...

SCHEDULE 5
Scheduled Offences: Transitional Provisions

1.In this Schedule “commencement” means the time when this Act...
2.(1) This Schedule applies to offences which—
3.Paragraph 2(2) shall not apply in relation to section 2...
4.Paragraph 2(2) shall not apply in relation to section 3...
5.Paragraph 2(2) shall not apply in relation to section 4...
6.Paragraph 2(2) shall not apply in relation to section 5...
7.Paragraph 2(2) shall not apply in relation to section 6...
8.Paragraph 2(2) shall not apply in relation to section 8...
9.Paragraph 2(2) shall not apply in relation to sections 10...
10.Paragraph 2(2) shall not apply in relation to sections 14...
11.Paragraph 2(2) shall not apply in relation to section 18...
12.Paragraph 2(2) shall not apply in relation to section 46(8)(a)...
13.Paragraph 2(2) shall not apply in relation to section 47(8)(a)...
14.Paragraph 2(2) shall not apply in relation to section 53(7)...
15.Note 1 of Part I of Schedule 1 shall apply...

SCHEDULE 6
Consequential Amendments

The Elected Authorities (Northern Ireland) Act 1989 (c. 3)

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The Prevention of Terrorism (Temporary Provisions) Act 1989 (c. 4)

4.The Prevention of Terrorism (Temporary Provisions) Act 1989 shall be...
5.In section 10(3) (contributions to resources of proscribed organisations), for...
6.(1) Section 17 (investigation of terrorist activities) shall be amended...
7.(1) Section 27 (commencement and duration) shall be amended as...
8.In paragraph 7(4) of Schedule 3 (supervision of detention and...
9.(1) Schedule 4 (forfeiture orders) shall be amended as follows....
10.In paragraph 8(1) of Schedule 7 (terrorist investigations), for the...

The Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I. 12))

11.(1) The Police and Criminal Evidence (Northern Ireland) Order 1989...
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The Northern Ireland (Remission of Sentences) Act 1995 (c. 47)
18.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 7
Repeals and Revocations

Part I Enactments
Part II Orders and Regulations
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