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| Section 7: Scotland and Northern Ireland. |
8. - (1) In the application of section 7 to Scotland, for subsections (2) to (8) 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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(5) 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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(2) In the application of section 7 to Northern Ireland-
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(a) the reference in subsection (4) 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) references in subsection (5) to the Crown Court shall be taken as references to the county court, and |
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(c) the reference in subsection (7) 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. |
9. - (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. |
| Immunity. |
10. - (1) The following shall not be admissible as evidence in proceedings for an offence under any of sections 11 to 13, 15 to 19 and 55-
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(a) evidence of anything done in relation to an application to the Secretary of State under section 4, |
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(b) evidence of anything done in relation to proceedings before the Proscribed Organisations Appeal Commission under section 5 above or section 7(1) of the Human Rights Act 1998, |
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(c) evidence of anything done in relation to proceedings under section 6 (including that section as applied by section 9(2)), and |
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(d) any document submitted for the purposes of proceedings mentioned in any of paragraphs (a) to (c). |
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(2) But subsection (1) does not prevent evidence from being adduced on behalf of the accused.
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Offences |
| Membership. |
11. - (1) A person commits an offence if he belongs or professes to belong to a proscribed organisation.
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(2) It is a defence for a person charged with an offence under subsection (1) to prove-
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(a) that the organisation was not proscribed on the last (or only) occasion on which he became a member or began to profess to be a member, and |
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(b) that he has not taken part in the activities of the organisation at any time while it was proscribed. |
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(3) A person guilty of an offence under this section shall be liable-
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(a) on conviction on indictment, to imprisonment for a term not exceeding ten years, to a fine or to both, or |
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(b) on summary conviction, to imprisonment for a term not exceeding six months, to a fine not exceeding the statutory maximum or to both. |
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(4) In subsection (2) "proscribed" means proscribed for the purposes of any of the following-
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(b) the Northern Ireland (Emergency Provisions) Act 1996; |
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(c) the Northern Ireland (Emergency Provisions) Act 1991; |
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(d) the Prevention of Terrorism (Temporary Provisions) Act 1989; |
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(e) the Prevention of Terrorism (Temporary Provisions) Act 1984; |
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(f) the Northern Ireland (Emergency Provisions) Act 1978; |
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(g) the Prevention of Terrorism (Temporary Provisions) Act 1976; |
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(h) the Prevention of Terrorism (Temporary Provisions) Act 1974; |
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(i) the Northern Ireland (Emergency Provisions) Act 1973. |
| Support. |
12. - (1) A person commits an offence if-
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(a) he invites support for a proscribed organisation, and |
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(b) the support is not, or is not restricted to, the provision of money or other property (within the meaning of section 15). |
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(2) A person commits an offence if he arranges, manages or assists in arranging or managing a meeting which he knows is-
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(a) to support a proscribed organisation, |
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(b) to further the activities of a proscribed organisation, or |
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(c) to be addressed by a person who belongs or professes to belong to a proscribed organisation. |
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(3) A person commits an offence if he addresses a meeting and-
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(a) the purpose of his address is to encourage support for a proscribed organisation or to further its activities, or |
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(b) he knows that the meeting is to be addressed by a person who belongs or professes to belong to a proscribed organisation. |
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(4) In subsections (2) and (3) "meeting" means a meeting of three or more persons, whether or not the public are admitted.
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(5) A person guilty of an offence under this section shall be liable-
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(a) on conviction on indictment, to imprisonment for a term not exceeding ten years, to a fine or to both, or |
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(b) on summary conviction, to imprisonment for a term not exceeding six months, to a fine not exceeding the statutory maximum or to both. |
| Uniform. |
13. - (1) A person in a public place commits an offence if he-
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(a) wears an item of clothing, or |
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(b) wears, carries or displays an article, |
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in such a way or in such circumstances as to arouse reasonable suspicion that he is a member or supporter of a proscribed organisation.
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(2) A constable in Scotland may arrest a person without a warrant if he has reasonable grounds to suspect that the person is guilty of an offence under this section.
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(3) A person guilty of an offence under this section shall be liable on summary conviction to-
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(a) imprisonment for a term not exceeding six months, |
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(b) a fine not exceeding level 5 on the standard scale, or |
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