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PART IV |
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TERRORIST INVESTIGATIONS |
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Interpretation |
| Terrorist investigation. |
31. In this Act "terrorist investigation" means an investigation of-
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(a) the commission, preparation or instigation of acts of terrorism, |
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(b) an act which appears to have been done for the purposes of terrorism, |
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(c) the resources of a proscribed organisation, |
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(d) the possibility of making an order under section 3(3), or |
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(e) the commission, preparation or instigation of an offence under this Act. |
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Cordons |
| Cordoned areas. |
32. - (1) An area is a cordoned area for the purposes of this Act if it is designated under this section.
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(2) A designation may be made only if the person making it considers it expedient for the purposes of a terrorist investigation.
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(3) If a designation is made orally, the person making it shall confirm it in writing as soon as is reasonably practicable.
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(4) The person making a designation shall arrange for the demarcation of the cordoned area, so far as is reasonably practicable-
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(a) by means of tape marked with the word "police", or |
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(b) in such other manner as a constable considers appropriate. |
| Power to designate. |
33. - (1) Subject to subsection (2), a designation under section 32 may only be made-
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(a) where the area is outside Northern Ireland and is wholly or partly within a police area, by an officer for the police area who is of at least the rank of superintendent, and |
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(b) where the area is in Northern Ireland, by a member of the Royal Ulster Constabulary who is of at least the rank of superintendent. |
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(2) A constable who is not of the rank required by subsection (1) may make a designation if he considers it necessary by reason of urgency.
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(3) Where a constable makes a designation in reliance on subsection (2) he shall as soon as is reasonably practicable-
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(a) make a written record of the time at which the designation was made, and |
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(b) ensure that a police officer of at least the rank of superintendent is informed. |
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(4) An officer who is informed of a designation in accordance with subsection (3)(b)-
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(a) shall confirm the designation or cancel it with effect from such time as he may direct, and |
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(b) shall, if he cancels the designation, make a written record of the cancellation and the reason for it. |
| Duration. |
34. - (1) A designation under section 32 has effect, subject to subsections (2) to (5), during the period-
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(a) beginning at the time when it is made, and |
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(b) ending with a date or at a time specified in the designation. |
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(2) The date or time specified under subsection (1)(b) must not occur after the end of the period of 14 days beginning with the day on which the designation is made.
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(3) The period during which a designation has effect may be extended in writing from time to time by-
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(a) the person who made it, or |
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(b) a person who could have made it (otherwise than by virtue of section 33(2)). |
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(4) An extension shall specify the additional period during which the designation is to have effect.
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(5) A designation shall not have effect after the end of the period of 28 days beginning with the day on which it is made.
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| Police powers. |
35. - (1) A constable in uniform may-
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(a) order a person in a cordoned area to leave it immediately; |
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(b) order a person immediately to leave premises which are wholly or partly in or adjacent to a cordoned area; |
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(c) order the driver or person in charge of a vehicle in a cordoned area to move it from the area immediately; |
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(d) arrange for the removal of a vehicle from a cordoned area; |
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(e) arrange for the movement of a vehicle within a cordoned area; |
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(f) prohibit or restrict access to a cordoned area by pedestrians or vehicles. |
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(2) A person commits an offence if he fails to comply with an order, prohibition or restriction imposed by virtue of subsection (1).
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(3) It is a defence for a person charged with an offence under subsection (2) to prove that he had a reasonable excuse for his failure.
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(4) A person guilty of an offence under subsection (2) shall be liable on summary conviction to-
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(a) imprisonment for a term not exceeding three months, |
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(b) a fine not exceeding level 4 on the standard scale, or |
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