Northern Ireland (Emergency Provisions) Act 1973

Part I — Trial and Punishment of Certain Offences

Punishment for murder

1

• (1) No person shall suffer death for murder and a person convicted of murder shall, subject to Article 45(2) of the Criminal Justice (Children) (Northern Ireland) Order 1998 (detention of children at Secretary of State’s pleasure), be sentenced to imprisonment for life.

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4) For the purpose of any proceedings on or subsequent to a person’s trial on a charge of capital murder, that charge and any plea or finding of guilty of capital murder shall be treated as being or having been a charge, or a plea or finding of guilty, of murder only; and if at the commencement of this Act a person is under a sentence of death for capital murder, the sentence shall have effect as a sentence of imprisonment for life.

• (5) In this section “capital murder” means a murder which immediately before the commencement of this Act is a capital murder within the meaning of section 10 of the Criminal Justice Act (Northern Ireland) 1966.

Mode of trial on indictment of scheduled offences

2

• (1) A trial on indictment of a scheduled offence shall be conducted by the court without a jury.

• (2) The court trying a scheduled offence on indictment under this section shall have all the powers, authorities and jurisdiction which the court would have had if they had been sitting with a jury, including power to determine any question and to make any finding which would, apart from this section, be required to be determined or made by a jury, and references in any enactment to a jury or the verdict or finding of a jury shall be construed accordingly in relation to a trial under this section.

• (3) Where an indictment contains a count alleging a scheduled offence and another count alleging an offence which at the time the indictment is presented is not a scheduled offence, the other count shall be disregarded.

• (4) Without prejudice to subsection (2) above, where the court trying a scheduled offence on indictment are not satisfied that the accused is guilty of that offence, but are satisfied that he is guilty of some other offence which is not a scheduled offence, but of which a jury could have found him guilty on a trial for the scheduled offence, the court may convict him of that other offence.

• (5) Where the court trying a scheduled offence convict the accused of that or some other offence, then, without prejudice to their power apart from this subsection to give a judgment, they shall, at the time of conviction or as soon as practicable thereafter, give a judgement stating the reasons for the conviction.

• (6) A person convicted of any offence on a trial under this section without a jury may, notwithstanding anything in section 8 of the Criminal Appeal (Northern Ireland) Act 1968, appeal to the Court of Criminal Appeal under that section—

• (a) against his conviction, on any ground, without the leave of the Court of Criminal Appeal or a certificate of the judge of the court of trial; and

• (b) against sentence passed on conviction, without such leave, unless the sentence is one fixed by law.

• (7) Where a person is so convicted, the time for giving notice of appeal under section 20(1) of the said Act of 1968 shall run from the date of judgement, if later than the date from which it would run under that subsection.

Limitation of power to grant bail in case of scheduled offences

3

• (1) Subject to the provisions of this section, a person to whom this section applies and who is charged with a scheduled offence shall not be admitted to bail except by a judge of the High Court acting in that capacity and, if he is convicted of such an offence, shall not be admitted to bail pending any appeal.

• (2) A judge shall not admit any such person to bail unless he is satisfied that the applicant—

• (a) will comply with the conditions on which he is admitted to bail; and

• (b) will not interfere with any witness; and

• (c) will not commit any offence while he is on bail.

• (3) Without prejudice to any other power to impose conditions on admission to bail, a judge may impose such conditions on admitting a person to bail under this section as appear to him to be likely to result in that person's appearance it the time and place required or to be necessary in the interests of justice or for the prevention of crime.

• (4) Nothing in this section shall prejudice any right of appeal against the refusal of a judge of the High Court to grant bail.

• (5) This section applies to persons who have attained the age of 14 and are not serving members of any of Her Majesty's regular naval, military or air forces.

Court for trial of scheduled offences

4

• (1) A trial on indictment of a scheduled offence shall be held only at the Belfast City Commission or the Belfast Recorder's Court.

• (2) A magistrates' court who commit a person for trial on indictment for a scheduled offence shall commit him for trial to the Belfast City Commission or to the Belfast Recorder's Court, and section 47 of the Magistrates' Courts Act (Northern Ireland) 1964 (committal to assize or county court) shall have effect accordingly.

• (3) A county court judge may at any time, at the request of the Lord Chief Justice of Northern Ireland, sit and act as a judge at the Belfast City Commission for the trial on indictment of a scheduled offence, or for two or more such trials, and while so sitting and acting shall have all the jurisdiction, powers and privileges of a High Court judge included in the Commission, so far as concerns any such trial, except the power to admit to bail.

• (4) A county court judge requested to sit and act as aforesaid for a period of time may, notwithstanding the expiry of that period, attend at the Belfast City Commission for the purpose of continuing to deal with, giving judgment in or dealing with any ancillary matter relating to, any case which may have begun before him when sitting as a judge at the Commission and shall have the same jurisdiction, powers and privileges as under subsection (3) above.

Admissibility of written statements in proceedings relating to scheduled offences

5

Admissions by persons charged with scheduled offences

6

• (1) In any criminal proceedings for a scheduled offence a statement made by the accused may be given in evidence by the prosecution in so far as it is relevant to any matter in issue in the proceedings and is not excluded by the court in pursuance of subsection (2) below.

• (2) If, in any such proceedings where the prosecution proposes to give in evidence a statement made by the accused, prima facie evidence is adduced that the accused was subjected to torture or to inhuman or degrading treatment in order to induce him to make the statement, the court shall, unless the prosecution satisfies them that the statement was not so obtained, exclude the statement or, if it has been received in evidence, shall either continue the trial disregarding the statement or direct that the trial shall be restarted before a differently constituted court (before whom the statement in question shall be inadmissible).

Onus of proof in relation to offences of possession

7

• (1) Where a person is charged with possessing a proscribed article in such circumstances as to constitute an offence to which this section applies and it is proved that at the time of the alleged offence—

• (a) he and that article were both present in any premises; or

• (b) the article was in premises of which he was the occupier or which he habitually used otherwise than as a member of the public ;

the court may accept the fact proved as sufficient evidence of his possessing (and, if relevant, knowingly possessing) that article at that time unless it is further proved that he did not at that time know of its presence in the premises in question, or if he did know, that he had no control over it.

• (2) This section applies to vessels, aircraft and vehicles as it applies to premises.

• (3) In this section " proscribed article " means an explosive, firearm, ammunition, substance or other thing (being a thing possession of which is an offence under one of the enactments mentioned in subsection (4) below).

• (4) This section applies to scheduled offences Under the following enactments, that is to say—

• The Explosive Substances Act 1883 Section 3, so far as relating to paragraph (b) thereof (possessing explosive with intent to endanger life or cause serious damage to property). Section 4 (possessing explosive in suspicious circumstances).

• The Firearms Act (Northern Ireland) 1969 Section 1 (possessing firearm or ammunition without, or otherwise than as authorised by, a firearm certificate). Section 4 (possessing machine gun or machine pistol or weapon discharging, or ammunition containing, noxious substance). Section 14 (possessing firearm or ammunition with intent to endanger life or cause serious damage to property). Section 15(2) (possessing firearm or imitation firearm at time of committing, or being arrested for, a specified offence). Section 19(1) to (3) (possession of a firearm or ammunition by a person who has been sentenced to imprisonment, etc.). Section 19A (possessing firearm or ammunition in suspicious circumstances).

• The Protection of the Person and Property Act (Northern Ireland) 1969 Section 2 (possessing petrol bomb, etc., in suspicious circumstances).

Treatment of young persons convicted of scheduled offences

8

• (1) Section 73(2) of the Children and Young Persons Act (Northern Ireland) 1968 (under which a court may sentence a child or young person convicted on indictment of an offence punishable in the case of an adult with imprisonment for fourteen years or more to detention for a period specified in the sentence) shall have effect in relation to a young person convicted of a scheduled offence committed while this subsection is in force with the substitution of the word " five " for the word " fourteen ".

• (2) Subsection (3) of section 74 of that Act (under which the maximum length of the term or the aggregate of the terms for which a person may be committed in custody to a remand home under paragraph (e) of subsection (1) of that section is one month) shall have effect in relation to a young person found guilty of a scheduled offence committed while this subsection is in force with the substitution of the words " six months " for the words " one month ".

Remand homes and training schools

9

• (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part II

Arrest and detention of terrorists

10

• (1) Any constable may arrest without warrant any person whom he suspects of being a terrorist.

• (2) For the purpose of arresting a person under this section a constable may enter and search any premises or other place where that person is or where the constable suspects him of being.

• (3) A person arrested under this section shall not be detained in right of the arrest for more than seventy-two hours after his arrest, and section 132 of the Magistrates' Courts Act (Northern Ireland) 1964 and section 50(3) of the Children and Young Persons Act (Northern Ireland) 1968 (requirement to bring arrested person before a magistrates' court not later than forty-eight hours after his arrest) shall not apply to any such person.

• (4) Where a person is arrested under this section, an officer of the Royal Ulster Constabulary not below the rank of chief inspector may order him to be photographed and to have his finger prints and palm prints taken by a constable, and a constable may use such reasonable force as may be necessary for that purpose.

• (5) The provisions of Schedule 1 to this Act shall have effect with respect to the detention of terrorists and persons suspected of being terrorists.

Constables' general power of arrest and seizure

11

• (1) Any constable may arrest without warrant any person whom he suspects of committing, having committed or being about to commit a scheduled offence or an offence under this Act which is not a scheduled offence.

• (2) For the purposes of arresting a person under this section a constable may enter and search any premises or other place where that person is or where the constable suspects him of being.

• (3) A constable may seize anything which he suspects is being, has been or is intended to be used in the commission of a scheduled offence or an offence under this Act which is not a scheduled offence.

Powers of arrest of members of Her Majesty's forces

12

• (1) A member of Her Majesty's forces on duty may arrest without warrant, and detain for not more than four hours, a person whom he suspects of committing, having committed or being about to commit any offence.

• (2) A person effecting an arrest under this section complies with any rule of law requiring him to state the ground of arrest if he states that he is effecting the arrest as a member of Her Majesty's forces.

• (3) For the purpose of arresting a person under this section a member of Her Majesty's forces may enter and search any premises or other place where that person is or, if that person is suspected of being a terrorist or of having committed an offence involving the use or possession of an explosive, explosive substance or firearm, where that person is suspected of being.

Power to search for munitions

13

• (1) Any member of Her Majesty's forces on duty or any constable may enter any premises or other place other than a dwelling-house for the purpose of ascertaining whether there are any munitions unlawfully at that place and may search the place for any munitions with a view to exercising the powers conferred by subsection (4) below.

• (2) Any member of Her Majesty's forces on duty authorised by a commissioned officer of those forces or any constable authorised by an officer of the Royal Ulster Constabulary not below the rank of chief inspector may enter any dwelling-house in which it is suspected that there are unlawfully any munitions and may search it for any munitions with a view to exercising the said powers.

• (3) Any member of Her Majesty's forces on duty or any constable may—

• (a) stop any person in any public place and with a view to exercising the said powers search him for the purpose of ascertaining whether he has any munitions unlawfully with him ; and

• (b) with a view to exercising the said powers search any person not in a public place whom he suspects of having any munitions unlawfully with him.

• (4) A member of Her Majesty's forces or a constable authorised to search any premises or other place or any person under this Act may seize any munitions found in the course of the search unless it appears to the person so authorised that the munitions are being, have been and will be used only for a lawful purpose and may retain and, if necessary, destroy them.

• (5) In this section " munitions " means—

• (a) explosives, explosive substances, firearms and ammunition ; and

• (b) anything used or capable of being used in the manufacture of any explosive, explosive substance, firearm or ammunition.

Powers of explosives inspectors

14

• (1) An inspector appointed under section 53 of the Explosives Act 1875 may, for the purpose of ascertaining whether there is unlawfully in any premises or other place other than a dwelling-house any explosive or explosive substance, enter that place and search it with a view to exercising the powers conferred by subsection (3) below.

• (2) Any such inspector may stop any person in a public place and search him for the purpose of ascertaining whether he has any explosive or explosive substance unlawfully with him with a view to exercising the said powers.

• (3) Any such inspector may seize any explosive or explosive substance found in the course of a search under this section unless it appears to him that it is being, has been and will be used only for a lawful purpose and may retain and, if necessary, destroy it.

Entry to search for persons unlawfully detained

15

Where any person is believed to be unlawfully detained in such circumstances that his life is in danger, any member of Her Majesty's forces on duty or any constable may enter any premises or other place for the purpose of ascertaining whether that person is so detained there, but a dwelling-house may be entered in pursuance of this section by a member of Her Majesty's forces only when authorised to do so by a commissioned officer of those forces and may be so entered by a constable only when authorised to do so by an officer of the Royal Ulster Constabulary not below the rank of chief inspector.

Power to stop and question

16

• (1) Any member of Her Majesty's forces on duty or any constable may stop and question any person for the purpose of ascertaining that person's identity and movements and what he knows concerning any recent explosion or any other incident endangering life or concerning any person killed or injured in any such explosion or incident.

• (2) Any person who fails to stop when required to do so under this section, or who refuses to answer or fails to answer to the best of his knowledge and ability, any question addressed to him under this section, shall be liable on summary conviction to imprisonment for a term not exceeding six months or to a fine not exceeding £400, or both.

General powers of entry and interference with rights of property and with highways

17

• (1) Any member of Her Majesty's forces on duty or any constable may enter any premises or other place—

• (a) if he considers it necessary to do so in the course of operations for the preservation of the peace or the maintenance of order; or

• (b) if authorised to do so by or on behalf of the Secretary of State.

• (2) Any member of Her Majesty's forces on duty, any constable or any person specifically authorised to do so by or on behalf of the Secretary of State may, if authorised to do so by or on behalf of the Secretary of State—

• (a) take possession of any land or other property ;

• (b) take steps to place buildings or other structures in a state of defence;