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PART II |
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PROSCRIBED ORGANISATIONS |
| Procedure |
Proscription. |
3. - (1) For the purposes of this Act an organisation is proscribed if- |
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(a) it is listed in Schedule 2, or |
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(b) it operates under the same name as an organisation listed in that Schedule. |
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(2) Subsection (1)(b) shall not apply in relation to an organisation listed in Schedule 2 if its entry is the subject of a note in that Schedule. |
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(3) The Secretary of State may by order- |
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(a) add an organisation to Schedule 2; |
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(b) remove an organisation from that Schedule; |
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(c) amend that Schedule in some other way. |
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(4) The Secretary of State may exercise his power under subsection (3)(a) in respect of an organisation only if he believes that it is concerned in terrorism. |
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(5) For the purposes of subsection (4) an organisation is concerned in terrorism if it- |
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(a) commits or participates in acts of terrorism, |
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(b) prepares for terrorism, |
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(c) promotes or encourages terrorism, or |
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(d) is otherwise concerned in terrorism. |
Deproscription: application. |
4. - (1) An application may be made to the Secretary of State for the exercise of his power under section 3(3)(b) to remove an organisation from Schedule 2. |
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(2) An application may be made by- |
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(b) any person affected by the organisation's proscription. |
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(3) The Secretary of State shall make regulations prescribing the procedure for applications under this section. |
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(4) The regulations shall, in particular- |
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(a) require the Secretary of State to determine an application within a specified period of time, and |
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(b) require an application to state the grounds on which it is made. |
Deproscription: appeal. |
5. - (1) There shall be a commission, to be known as the Proscribed Organisations Appeal Commission. |
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(2) Where an application under section 4 has been refused, the applicant may appeal to the Commission. |
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(3) The Commission shall allow an appeal against a refusal to deproscribe an organisation if it considers that the decision to refuse was flawed when considered in the light of the principles applicable on an application for judicial review. |
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(4) Where the Commission allows an appeal under this section by or in respect of an organisation, it may make an order under this subsection. |
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(5) Where an order is made under subsection (4) the Secretary of State shall as soon as is reasonably practicable- |
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(a) lay before Parliament, in accordance with section 118(3), the draft of an order under section 3(3)(b) removing the organisation from the list in Schedule 2, or |
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(b) make an order removing the organisation from the list in Schedule 2 in pursuance of section 118(4). |
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(6) Schedule 3 (constitution of the Commission and procedure) shall have effect. |
Further appeal. |
6. - (1) A party to an appeal under section 5 which the Proscribed Organisations Appeal Commission has determined may bring a further appeal on a question of law to- |
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(a) the Court of Appeal, if the first appeal was heard in England and Wales, |
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(b) the Court of Session, if the first appeal was heard in Scotland, or |
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(c) the Court of Appeal in Northern Ireland, if the first appeal was heard in Northern Ireland. |
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(2) An appeal under subsection (1) may be brought only with the leave- |
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(a) of the Commission, or |
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(b) where the Commission refuses leave, of the court to which the appeal would be brought. |
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(3) An order under section 5(4) shall not require the Secretary of State to take any action until the final determination or disposal of an appeal under this section (including any appeal to the House of Lords). |
Appeal: effect on conviction. |
7. - (1) This section applies where- |
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(a) an appeal under section 5 has been allowed in respect of an organisation, |
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(b) an order has been made under section 3(3)(b) in respect of the organisation in accordance with an order of the Commission under section 5(4) (and, if the order was made in reliance on section 118(4), a resolution has been passed by each House of Parliament under section 118(4)(b)), |
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(c) a person has been convicted of an offence in respect of the organisation under any of sections 10 to 12, 14 to 18 and 54, and |
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(d) the activity to which the charge referred took place on or after the date of the refusal to deproscribe against which the appeal under section 5 was brought. |
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(2) If the convicted person appeals to the Court of Appeal under section 1 of the Criminal Appeal Act 1968 (appeal against conviction on indictment) the court shall allow the appeal. |
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(3) For the purposes of a case to which this section applies the 28 day time limit for appeal imposed by section 18(2) of that Act shall begin with the date on which the order under section 3(3)(b) comes into force. |
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(4) Where a person was convicted by a magistrates' court- |
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(a) he may appeal to the Crown Court against the conviction under section 108(1)(b) of the Magistrates' Courts Act 1980 whether or not he pleaded guilty, and |
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(b) the Crown Court shall allow the appeal. |
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(5) In the application of this section to Scotland, for subsections (2) to (4) substitute- |
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"(2) If the convicted person appeals to the High Court of Justiciary under section 106 of the Criminal Procedure (Scotland) Act 1995 ("the 1995 Act") (appeal against conviction on indictment) he shall not require to obtain leave in accordance with section 107 of the 1995 Act and the Court shall set aside the verdict of the trial court and quash the conviction and sentence. |
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(3) For the purposes of a case to which this section applies, intimation of intention to appeal under section 109 of the 1995 Act shall be given within two weeks of the date on which the order under section 3(3)(b) comes into force. |
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(4) If a person convicted in summary proceedings appeals to the High Court of Justiciary under section 175 of the 1995 Act (appeals in summary proceedings), he shall not require to obtain leave in accordance with section 180 of the 1995 Act and the Court shall set aside the verdict of the inferior court and quash the conviction. |
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(4A) For the purposes of an appeal to which subsection (4) applies, the procedure under Part X of the 1995 Act shall be modified in such manner as is prescribed by Act of Adjournal." |
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(6) In the application of this section to Northern Ireland- |
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(a) the reference in subsection (2) to section 1 of the Criminal Appeal Act 1968 shall be taken as a reference to section 1 of the Criminal Appeal (Northern Ireland) Act 1980, |
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(b) the reference in subsection (3) to section 18(2) of the 1968 Act shall be taken as a reference to section 16(1) of the 1980 Act, |
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(c) references in subsection (4) to the Crown Court shall be taken as references to the county court, and |
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(d) the reference in subsection (4) to section 108(1)(b) of the Magistrates' Courts Act 1980 shall be taken as a reference to Article 140(1)(b) of the Magistrates' Courts (Northern Ireland) Order 1981. |
Human Rights Act 1998. |
8. - (1) This section applies where rules (within the meaning of section 7 of the Human Rights Act 1998 (jurisdiction)) provide for proceedings under section 7(1) of that Act to be brought before the Proscribed Organisations Appeal Commission. |
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(2) The following provisions of this Act shall apply in relation to proceedings under section 7(1) of that Act as they apply to appeals under section 5 of this Act- |
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(a) section 5(4) and (5), |
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(d) paragraphs 4 to 8 of Schedule 3 (but not paragraph 5(1)(a) or (3)(e)). |
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(3) The Commission shall decide proceedings in accordance with the principles applicable on an application for judicial review. |
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(4) In the application of the provisions mentioned in subsection (2)- |
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(a) a reference to the Commission allowing an appeal shall be taken as a reference to the Commission determining that an action of the Secretary of State is incompatible with a Convention right, and |
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(b) a reference to the refusal to deproscribe against which an appeal was brought shall be taken as a reference to the action of the Secretary of State which is found to be incompatible with a Convention right. |