Prevention of Terrorism (Temporary Provisions) Act 1989 (repealed)

• (9) For the purposes of this section, any information or other matter comes to a professional legal adviser in privileged circumstances if it is communicated, or given, to him—

• (a) by, or by a representative of, a client of his in connection with the giving by the adviser of legal advice to the client;

• (b) by, or by a representative of, a person seeking legal advice from the adviser; or

• (c) by any person—

• (i) in contemplation of, or in connection with, legal proceedings; and

• (ii) for the purpose of those proceedings.

• (10) No information or other matter shall be treated as coming to a professional legal adviser in privileged circumstances if it is communicated or given with a view to furthering any criminal purpose.

• (11) A person guilty of an offence under this section shall be liable—

• (a) on summary conviction, to imprisonment for a term not exceeding six months or a fine not exceeding the statutory maximum or to both; or

• (b) on conviction on indictment, to imprisonment for a term not exceeding five years or a fine or to both.

19A

• (1) The Secretary of State may by regulations provide that, in such circumstances as may be prescribed, sections 9 to 11, 17 and 18A above shall apply to such persons in the public service of the Crown, or such categories of person in that service, as may be prescribed.

• (2) Section 18A of this Act shall not apply to—

• (a) any person designated by regulations made by the Secretary of State for the purpose of this paragraph; or

• (b) in such circumstances as may be prescribed, any person who falls within such category of person as may be prescribed for the purpose of this paragraph.

• (3) The Secretary of State may designate, for the purpose of paragraph (a) of subsection (2) above, any person appearing to him to be performing regulatory, supervisory, investigative or registration functions.

• (4) The categories of person prescribed by the Secretary of State, for the purpose of paragraph (b) of subsection (2) above, shall be such categories of person connected with the performance by any designated person of regulatory, supervisory, investigative or registration functions as he considers it appropriate to prescribe.

• (5) In this section—

• “the Crown” includes the Crown in right of Her Majesty’s Government in Northern Ireland; and

• “prescribed” means prescribed by regulations made by the Secretary of State.

• (6) The power to make regulations under this section shall be exercisable by statutory instrument.

• (7) Any such instrument shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Irish Republican Army

Making of exclusion order

Detention pending decision whether to make exclusion order

5A

• (1) A person on whom notice has been served under paragraph 2(1) above may be detained under the authority of the Secretary of State until the Secretary of State has either made an exclusion order against him or decided not to make an exclusion order against him.

• (2) A person liable to be detained under sub-paragraph (1) above may be arrested without warrant by an examining officer.

• (3) The power of detention and the power of arrest conferred by sub-paragraphs (1) and (2) above are exercisable only—

• (a) in Great Britain if the notice relates to the making of an order under section 5 of this Act; and

• (b) in Northern Ireland if it relates to the making of an order under section 6 of this Act.

• (4) A person may be removed from a vehicle for detention under this paragraph.

16A

• (1) On the application of the prosecutor, the court may, in respect of moveable property affected by a restraint order (whether such property generally or particular such property), grant warrant for arrestment if the property would be arrestable if the person entitled to it were a debtor.

• (2) A warrant under sub-paragraph (1) above shall have effect as if granted on the dependence of an action for debt at the instance of the prosecutor against the person and may be executed, recalled, loosed or restricted accordingly.

• (3) The fact that an arrestment has been executed under sub-paragraph (2) above in respect of property shall not prejudice the exercise of an administrator’s powers under or for the purposes of this Part of this Schedule in respect of that property.

• (4) No arrestment executed under sub-paragraph (2) above shall have effect once, or in so far as, the restraint order affecting the property in respect of which the warrant for such arrestment has been granted has ceased to have effect in respect of that property; and the prosecutor shall apply to the court for an order recalling, or as the case may be, restricting the arrestment accordingly.

25A

• (1) The power to make a restraint order under the provisions of paragraphs 23 and 24 above shall be exercisable by the Secretary of State in any case in which it appears to him that the information which it would be necessary to provide in support of an application to the High Court or a judge under those provisions would, if disclosed, be likely to place any person in danger or prejudice the capability of members of the Royal Ulster Constabulary or a person authorised under section 57 of the Northern Ireland (Emergency Provisions) Act 1991 to investigate an offence under Part III of this Act.

• (2) In their application by virtue of sub-paragraph (1) above paragraphs 23 to 25 above shall have effect with the necessary modifications and as if references to the High Court were references to the Secretary of State.

• (3) An order made by the Secretary of State by virtue of this paragraph may be varied or discharged by the High Court under paragraph 23(5) or 24(2) above.

25B

• (1) A person who, without lawful authority or reasonable excuse (the proof of which lies on him), contravenes a restraint order is guilty of an offence and liable—

• (a) on conviction on indictment, to imprisonment for a term not exceeding fourteen years or a fine or both;

• (b) on summary conviction, to imprisonment for a term not exceeding six months or a fine not exceeding the statutory maximum or both.

• (2) Nothing in sub-paragraph (1) above shall be taken to prejudice any power of the High Court to deal with the contravention of a restraint order as a contempt of court.

Powers to search goods

4A

• (1) For the purpose of determining whether they are or have been involved in the commission, preparation or instigation of acts of terrorism to which paragraph 2 above applies, an examining officer may search any goods which have arrived in or are about to leave Great Britain or Northern Ireland on any ship, aircraft or vehicle.

• (2) An examining officer may board any ship or aircraft or enter any vehicle for the purpose of determining whether there are goods on the ship, aircraft or vehicle in respect of which he may wish to exercise his power of search.

• (3) Where an examining officer has power to search under this paragraph, he may, instead, authorise a search to be carried out on his behalf by a person who is not an examining officer.

• (4) Where a person who is not an examining officer is authorised to carry out a search in accordance with sub-paragraph (3) above he may—

• (a) board any ship or aircraft or enter any vehicle for the purpose of determining whether there are goods on the ship, aircraft or vehicle in respect of which he may wish to exercise his power of search; and

• (b) if necessary, use reasonable force for the purpose of carrying out his functions under this paragraph.

• (5) In Scotland any person employed by a police authority for the assistance of constables under section 9 of the Police (Scotland) Act 1967 may perform any functions conferred on examining officers by this paragraph, and may, if necessary, use reasonable force for the purpose of performing those functions.

• (6) Any person carrying out a search under this paragraph may, for the purpose of examining it, detain for a period not exceeding seven days anything found on the search.

• (7) If, on examining anything so found, the person examining it is of the opinion that it may be needed for use as evidence in criminal proceedings he may detain it until he is satisfied that it will not be so needed.

• (8) In this paragraph “goods” includes—

• (a) stores,

• (b) baggage,

• (c) substances, whether natural or manufactured, and whether or not incorporated in or mixed with other goods, and

• (d) in relation to Scotland, also all corporeal moveables,

and any transport container or other container in which goods may be placed.

SCHEDULE 6A

1

In this Schedule—

• “authorisation” means an authorisation given under section 16C of this Act;

• “cordoned area” means an area on which a cordon has been imposed by an authorisation which remains in force;

• “police tape” means any plastic or other tape which is generally used by the police force concerned to indicate an area to which members of the public should not attempt to gain access;

• “terrorist investigation” means any investigation to which section 17(1) of this Act applies.

Authorisation

2

• (1) Authorisation may be given in writing or orally but if given orally must be confirmed in writing by the person giving it as soon as is reasonably practicable.

• (2) A constable who gives an authorisation by virtue of section 16C(2) above must, as soon as is reasonably practicable—

• (a) make a written record of the time at which he gave it; and

• (b) cause a police officer of at least the rank of superintendent to be informed that it was given.

• (3) An officer to whom such a report is made may give a direction in writing—

• (a) confirming the authorisation; or

• (b) if he considers that it should not be confirmed, cancelling it.

• (4) If a direction is given under sub-paragraph (3)(b), the officer giving it must record in writing—

• (a) the fact that the authorisation was given; and

• (b) the reason for giving it.

Area on which cordon is imposed

3

• (1) An authorisation must specify the area on which the cordon is being imposed.

• (2) That area must be within the police area of the person giving the authorisation.

Period for which cordon is imposed

4

• (1) An authorisation must specify the period for which it will be in force.

• (2) The period initially specified must not exceed 14 days.

• (3) The specified period may be extended by one or more written variations made by an officer of at least the rank of superintendent.

• (4) The overall period for which an authorisation is in force must not exceed 28 days.

Marking the area

5

The area on which a cordon is imposed must, so far as is reasonably practicable, be indicated by means of police tape or in such other manner as appears to the police officer responsible for carrying out the arrangements for applying the cordon to be appropriate.

Police powers in cordoned area

6

• (1) A person who is in a cordoned area must immediately leave the area if ordered to do so by a constable in uniform.

• (2) A person who is on any premises which abut or are wholly or partly within a cordoned area must immediately leave the premises if ordered to do so by a constable in uniform.

• (3) The driver or other person in charge of a vehicle which is in a cordoned area must immediately move the vehicle from the area if ordered to do so by a constable in uniform.

• (4) A constable may—

• (a) remove from a cordoned area any vehicle which is in that area; or

• (b) move any such vehicle to another place within that area.

• (5) A constable in uniform may prohibit or restrict any vehicular or pedestrian access to a cordoned area.

Powers of search in cordoned area: England and Wales

7

• (1) If a police officer of at least the rank of superintendent has reasonable grounds for believing—

• (a) that there is material which is likely to be of substantial value (whether by itself or together with other material) to a terrorist investigation to be found on premises which are wholly or partly within a cordoned area, and

• (b) that the material does not consist of or include items subject to legal privilege, excluded material or special procedure material,

he may give written authority for a search of the premises.

• (2) If written authority is given under this paragraph, a constable may enter the premises specified in the authority, search the premises and any person found there and seize and retain anything found there or on any such person, other than items subject to legal privilege, if he has reasonable grounds for believing—

• (a) that it is likely to be of substantial value (whether by itself or together with other material) to the investigation; and

• (b) that it is necessary to seize it in order to prevent it being concealed, lost, damaged, altered or destroyed.

• (3) Entry and search under an authority given under this paragraph may be at any time (and on more than one occasion) while the area concerned is a cordoned area.

• (4) Nothing in this paragraph authorises a constable to require a person to remove any of his clothing in public other than any headgear, footwear, outer coat, jacket or gloves.

• (5) Any power of seizure conferred by this Schedule is without prejudice to the powers conferred by section 19 of the Police and Criminal Evidence Act 1984 and for the purposes of sections 21 and 22 of that Act (access to, and copying and retention of, seized material), a terrorist investigation is to be treated as an investigation of or in connection with an offence.

• (6) In this paragraph “items subject to legal privilege”, “excluded material” and “special procedure material” have the meaning given in sections 10 to 14 of the Police and Criminal Evidence Act 1984.

Powers of search in cordoned areas: Scotland

8

• (1) If a police officer of at least the rank of superintendent has reasonable grounds for believing that there is material which is likely to be of substantial value (whether by itself or together with other material) to a terrorist investigation to be found on premises which are wholly or partly within a cordoned area, he may give written authority for a search of the premises.

• (2) If written authority is given under this paragraph, a constable may enter the premises specified in the authority, search the premises and any person found there and seize and retain anything found there or on any such person if he has reasonable grounds for believing that it is such material as is mentioned in sub-paragraph (1) above and that it is necessary to seize it in order to prevent it being concealed, lost, damaged, altered or destroyed.

• (3) Under an authority given under this paragraph a constable may—

• (a) enter and search the premises specified in the authority at any time (and on more than one occasion) while the area concerned is a cordoned area; and

• (b) if necessary, for the purpose of the exercise of his powers under sub-paragraph (2) above, open lockfast places on such premises.

• (4) Nothing in this paragraph authorises a constable to require a person to remove any of his clothing in public other than any headgear, footwear, outer coat, jacket or gloves.

• (5) Nothing in this paragraph shall prejudice any rule of law whereby—

• (a) communications between a professional legal adviser and his client, or

• (b) communications made in connection with or in contemplation of legal proceedings and for the purpose of those proceedings,

are in legal proceedings protected from disclosure on grounds of confidentiality.

Offences

9

• (1) A person who—

• (a) fails to comply with an order given under paragraph 6(1), (2) or (3) above,

• (b) contravenes a prohibition or restriction imposed under paragraph 6(5) above, or

• (c) wilfully obstructs a constable in the execution of his duty under paragraph 6 above,

is guilty of an offence.

• (2) A person who wilfully obstructs, or seeks to frustrate the object of, a search under paragraph 7 or 8 above, is guilty of an offence.

• (3) It is a defence for a person charged with an offence under sub-paragraph (1)(a) or (b) above to prove that he had lawful authority or some other reasonable excuse for the failure or contravention.

• (4) A person who is guilty of an offence under this paragraph is liable on summary conviction to imprisonment for a term not exceeding three months or to a fine not exceeding level 4 on the standard scale or both.

Powers to be in addition to other powers

10

The powers conferred by this Schedule are additional to any other powers which a constable has either at common law or under or by virtue of any other enactment and are not to be taken to affect any of those other powers.

Search of non-residential premises

2A

• (1) A justice of the peace may, on an application made by a police officer of at least the rank of superintendent, issue a warrant under this paragraph if satisfied that a terrorist investigation is being carried out and that there are reasonable grounds for believing—

• (a) that there is material which is likely to be of substantial value (whether by itself or together with other material) to the investigation to be found on one or more of the premises specified in the application; and

• (b) that the material does not consist of or include items subject to legal privilege, excluded material or special procedure material.

• (2) The officer making an application under this paragraph may not include in the premises specified in the application any which he has reasonable cause to believe are used wholly or mainly as a dwelling.

• (3) A warrant under this paragraph shall authorise a constable to enter any of the premises specified in the warrant and to search the premises and any person found there and to seize and retain anything found there or on any such person, other than an item subject to legal privilege, if he has reasonable grounds for believing—

• (a) that it is likely to be of substantial value (whether by itself or together with other material) to the investigation; and

• (b) that it is necessary to seize it in order to prevent it from being concealed, lost, damaged, altered or destroyed.

• (4) Entry and search under a warrant issued under this paragraph must be within 24 hours from the time when the warrant is issued.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Search of non-residential premises

11A

• (1) A procurator fiscal may, for the purposes of a terrorist investigation, apply to a sheriff for a warrant under this paragraph in relation to two or more premises specified in the application.

• (2) A procurator fiscal making an application under this paragraph may not include in the premises so specified any which he has reasonable cause to believe are used wholly or mainly as a dwelling.

• (3) On such an application a sheriff may issue a warrant authorising a constable to enter and search the premises specified in the application if the sheriff is satisfied that—

• (a) a terrorist investigation is being carried out; and

• (b) there are reasonable grounds for believing that there is material which is likely to be of substantial value (whether by itself or together with other material) to the investigation to be found on one or more of those premises.

• (4) A warrant under this paragraph shall authorise a constable to enter any of the premises specified in the warrant and to search those premises and any person found there and to seize and retain any material found there or on any such person, if he has reasonable grounds for believing that—

• (a) it is likely to be of substantial value (whether by itself or together with any other material) to the investigation; and

• (b) it is necessary to seize it in order to prevent it being concealed, lost, damaged, altered or destroyed.

• (5) Entry and search under a warrant issued under this paragraph must be within 24 hours from the time when the warrant is issued.

• (6) A warrant issued under this paragraph may authorise persons named in the warrant to accompany a constable who is executing it.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Editorial notes