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SCHEDULE 14
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CONSEQUENTIAL AMENDMENTS. |
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Treatment of Offenders Act (Northern Ireland) 1968 (c.29 (N.I.)) |
| | 1. - (1) The Treatment of Offenders Act (Northern Ireland) 1968 shall be amended as follows.
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(2) In section 26(6)(b) (definition of police detention) for "section 14 of the Prevention of Terrorism (Temporary Provisions) Act 1989" substitute "section 40 of the Terrorism Act 2000".
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Police and Criminal Evidence Act 1984 (c.60) |
| | 2. - (1) The Police and Criminal Evidence Act 1984 shall be amended as follows.
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(2) For section 30(12)(c) (arrest elsewhere than at a police station) substitute-
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"(c) paragraphs 1(1), 2 and 10 of Schedule 7 to the Terrorism Act 2000." |
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(3) In section 32(10) (search upon arrest) for "section 15(3), (4) and (5) of the Prevention of Terrorism (Temporary Provisions) Act 1989" substitute "section 42 of the Terrorism Act 2000".
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(4) For section 51(b) (savings: Part IV) substitute-
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"(b) the powers conferred by virtue of section 40 of, or Schedule 6 to, the Terrorism Act 2000 (powers of arrest and detention);". |
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(5) In section 56(11)(b) (application of right to have someone informed when arrested) for "of the period beyond which he may no longer be detained without the authority of the Secretary of State" substitute "of-
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(a) in the case of a person detained under Schedule 6 to the Terrorism Act 2000, the period mentioned in paragraph 6(4) of that Schedule, or |
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(b) in the case of a person detained under section 40 of that Act, the period mentioned in subsection (3) of that section." |
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(6) In section 58(13)(a) (application of right of access to legal advice) for "of the period beyond which he may no longer be detained without the authority of the Secretary of State" substitute "of-
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(a) in the case of a person detained under Schedule 6 to the Terrorism Act 2000, the period mentioned in paragraph 6(4) of that Schedule, or |
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(b) in the case of a person detained under section 40 of that Act, the period mentioned in subsection (3) of that section." |
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(7) In section 61(9)(b) (fingerprinting: disapplication) for "section 15(10) of, and paragraph 7(6) of Schedule 5 to, the Prevention of Terrorism (Temporary Provisions) Act 1989" substitute "paragraph 3 of Schedule 7 to the Terrorism Act 2000".
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(8) In section 62(12) (intimate samples: disapplication) for "section 15(11) and (12) of, and paragraph 7(6A) and (6B) of Schedule 5 to, the Prevention of Terrorism (Temporary Provisions) Act 1989" substitute "paragraph 5 of Schedule 7 to the Terrorism Act 2000".
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(9) In section 63(10) (non-intimate samples) for "section 15(13) and (14) of, and paragraph 7(6C) and (6D) of Schedule 5 to, the Prevention of Terrorism (Temporary Provisions) Act 1989" substitute "paragraph 7 of Schedule 7 to the Terrorism Act 2000".
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(10) In section 65 (interpretation) for the definitions of "the terrorism provisions" and "terrorism" substitute-
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""the terrorism provisions" means section 40 of the Terrorism Act 2000, and any provision of Schedule 6 to that Act conferring a power of detention; and |
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"terrorism" has the meaning given in section 1 of that Act." |
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(11) In section 116(5) (definition of serious arrestable offence for the purposes of section 56 and 58) for "section 2, 8, 9, 10, or 11 of the Prevention of Terrorism (Temporary Provisions) Act 1989" substitute "sections 11, 12, 15, 16, 17, 18, 53, 55, 56 and 57 of the Terrorism Act 2000".
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(12) In section 118(2)(a) (definition of police detention) for "section 14 of the Prevention of Terrorism (Temporary Provisions) Act 1989 or under paragraph 6 of Schedule 5" substitute "section 40 of the Terrorism Act 2000".
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Criminal Justice Act 1988 (c.33) |
| | 3. - (1) The Criminal Justice Act 1988 shall be amended as follows.
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(2) In section 71(9)(c)(ii) (offences to which Part VI (confiscation) does not apply) for "Part III of the Prevention of Terrorism (Temporary Provisions) Act 1989" substitute "any of sections 15 to 18 of the Terrorism Act 2000".
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(3) In section 74(2)(d) (realisable property) for "section 13(2), (3) or (4) of the Prevention of Terrorism (Temporary Provisions) Act 1989" substitute "section 23 of the Terrorism Act 2000".
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Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I. 12)) |
| | 4. - (1) The Police and Criminal Evidence (Northern Ireland) Order 1989 shall be amended as follows.
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(2) In Article 2(2) (interpretation) for the definitions of "the terrorism provisions" and "terrorism" substitute-
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""the terrorism provisions" means section 40 of the Terrorism Act 2000, and any provision of Schedule 6 to that Act conferring a power of detention; |
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"terrorism" has the meaning given in section 1 of that Act." |
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(3) In Article 2(3) (definition of police detention) for "section 14 of the Prevention of Terrorism (Temporary Provisions) Act 1989 or under paragraph 6 of Schedule 5" substitute "section 40 of the Terrorism Act 2000".
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(4) For Article 4(3)(b) (provisions relating to powers to stop and search) substitute-
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"(b) sections 84, 94 and 115 of and Schedule 9 to the Terrorism Act 2000, and". |
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(5) In Article 11(3) (special provisions as to access) for "section 17 of, and Schedule 7 to, the Prevention of Terrorism (Temporary Provisions) Act 1989" substitute "section 37 of, and Schedule 5 to, the Terrorism Act 2000".
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(6) In Article 30(3) (information to be given on arrest) for "section 19(2) of the Northern Ireland (Emergency Provisions) Act 1996" substitute "section 82(2) of the Terrorism Act 2000".
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(7) For Article 32(15)(b) (arrest elsewhere than at a police station) substitute-
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"(b) paragraphs 1(1), 2 and 10 of Schedule 7 to the Terrorism Act 2000." |
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(8) In Article 34(10) (search upon arrest) for "section 15(3), (4) and (5) of the Prevention of Terrorism (Temporary Provisions) Act 1989" substitute "section 42 of the Terrorism Act 2000".
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(9) For Article 51(b) (savings: Part V) substitute-
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"(b) the powers conferred by virtue of section 40 of, or Schedule 6 to, the Terrorism Act 2000 (powers of arrest and detention);". |
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(10) In Article 57 (right to have someone informed when arrested) for paragraph (10) substitute-
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"(10) In the preceding provisions of this Article references to a person who has been arrested include references to a person who has been detained under the terrorism provisions and "arrest" includes detention under those provisions.
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(11) In the application of this Article to a person who has been arrested or detained under the terrorism provisions-
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(a) paragraph (2)(a) shall have effect as if for the words "for a serious arrestable offence" there were substituted the words "under the terrorism provisions"; and |
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(b) paragraph (5) shall have effect as if at the end there were added "or |
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(d) will lead to interference with the gathering of information about the commission, preparation or instigation of acts of terrorism; or |
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(e) by alerting any person, will make it more difficult- |
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(i) to prevent an act of terrorism; or
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(ii) to secure the apprehension, prosecution or conviction of any person in connection with the commission, preparation or instigation of an act of terrorism.""
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(11) In Article 59 (right of access to legal advice) for paragraph (12) substitute-
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"(12) The reference in paragraph (1) to a person arrested includes a reference to a person who has been detained under the terrorism provisions.
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(13) In the application of this Article to a person who has been arrested or detained under the terrorism provisions-
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(a) paragraph (6)(a) shall have effect as if for the words "for a serious arrestable offence" there were substituted the words "under the terrorism provisions"; |
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(b) paragraph (8) shall have effect as if at the end there were added "or |
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(d) will lead to interference with the gathering of information about the commission, preparation or instigation of acts of terrorism; or
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(e) by alerting any person, will make it more difficult-
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{d5}{n5}(i){t5}to prevent an act of terrorism; or
{d5}{n5}(ii){t5}to secure the apprehension, prosecution or conviction of any person in connection with the commission, preparation or instigation of an act of terrorism."
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(14) If an officer of at least the rank of Assistant Chief Constable has reasonable grounds for believing that, unless he gives a direction under paragraph (15), the exercise by a person arrested or detained under the terrorism provisions of the right conferred by paragraph (1) will have any of the consequences specified in paragraph (8) (as it has effect by virtue of paragraph (13)), he may give a direction under paragraph (15).
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(15) A direction under this paragraph is a direction that a person desiring to exercise the right conferred by paragraph (1) may only consult a solicitor in the sight and hearing of a qualified officer of the uniformed branch of the Royal Ulster Constabulary.
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(16) An officer is qualified for the purposes of paragraph (15) if-
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(a) he is of at least the rank of inspector; and |
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(b) in the opinion of the officer giving the direction, he has no connection with the case. |
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(17) A direction under paragraph (16) shall cease to have effect once the reason for giving it ceases to subsist."
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(12) For Article 61(9)(b) (fingerprinting: application) substitute-
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"(b) except as provided by paragraph 4 of Schedule 7 to the Terrorism Act 2000, applies to a person arrested or detained under the terrorism provisions". |
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(13) For Article 62(12) (intimate samples: application) substitute-
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"(12) Nothing in this Article, except as provided by paragraph 6 of Schedule 7 to the Terrorism Act 2000, applies to a person arrested or detained under the terrorism provisions".
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(14) For Article 63(11) (non-intimate samples: application) substitute-
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"(12) Nothing in this Article, except as provided by paragraph 8 of Schedule 7 to the Terrorism Act 2000, applies to a person arrested or detained under the terrorism provisions".
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(15) In Article 74(9) (confessions) for "section 12 of the Northern Ireland (Emergency Provisions) Act 1996" substitute "section 75 of the Terrorism Act 2000".
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(16) In Article 76(2)(b) (exclusion of unfair evidence) for "subsection (1) of section 12 of the Northern Ireland (Emergency Provisions) Act 1996" substitute "subsection (1) of section 75 of the Terrorism Act 2000".
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Criminal Justice and Public Order Act 1994 (c.33) |
| | 5. In section 139(11) of the Criminal Justice and Public Order Act 1994 (search powers available on arrests under sections 136 and 137) for "section 15(3), (4) and (5) of the Prevention of Terrorism (Temporary Provisions) Act 1989" there shall be substituted "section 42 of the Terrorism Act 2000".
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Drug Trafficking Act 1994 (c.37) |
| | 6. - (1) The Drug Trafficking Act 1994 shall be amended as follows.
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(2) In section 6(3) (realisable property)-
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(a) in paragraph (d) for "section 13(2), (3) or (4) of the Prevention of Terrorism (Temporary Provisions) Act 1989" substitute "section 23 of the Terrorism Act 2000", and |
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(b) in paragraph (f) for "section 4(3) of the Criminal Justice (Terrorism and Conspiracy) Act 1998" substitute "section 110 of the Terrorism Act 2000". |
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Northern Ireland (Remission of Sentences) Act 1995 (c. 47) |
| | 7. - (1) The following shall be substituted for section 1(1) and (2) of the Northern Ireland (Remission of Sentences) Act 1995 (release on licence of persons subject to restricted remission)-
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| "1. - (1) This section applies to persons serving sentences to which section 78 of the Terrorism Act 2000 applies (restricted remission for persons sentenced for scheduled offences).
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(2) A person to whom this section applies shall be released on licence for the period (or, where that period has partly elapsed, for the remainder of the period) during which, by reason only of section 78, he is prevented from being discharged in pursuance of prison rules."
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(2) The following shall be substituted for section 1(6) of that Act-
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"(6) Section 79 of the Terrorism Act 2000 and Part II of the Treatment of Offenders (Northern Ireland) Order 1976 (conviction within certain period after discharge from prison, &c.) shall apply in relation to a person released on licence under this section as if he had been discharged in pursuance of prison rules."
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Proceeds of Crime (Northern Ireland) Order 1996 (S.I. 1996/1299 (N.I. 9)) |
| | 8. - (1) The Proceeds of Crime (Northern Ireland) Order shall be amended as follows.
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(2) In Article 2(4)(b) (offences to which Order does not apply) for "Part III of the Prevention of Terrorism (Temporary Provisions) Act 1989" substitute "any of sections 15 to 18 of the Terrorism Act 2000".
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(3) In Article 5(3) (realisable property) for sub-paragraph (c) substitute-
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"(c) section 23 or 110 of the Terrorism Act 2000 (forfeiture orders)." |
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Crime (Sentences) Act 1997 (c.43) |
| | 9. - (1) The Crime Sentences Act shall be amended as follows.
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(2) In section 9(10)(b) for "section 14 of the Prevention of Terrorism Act 1989" substitute "section 40 of the Terrorism Act 2000".
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Criminal Justice (Children) (Northern Ireland) Order 1998 (S.I. 1998/1504 (N.I. 9)) |
| | 10. - (1) The Criminal Justice (Children) (Northern Ireland) Order 1998 shall be amended as follows.
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(2) In Article 12(4) (release on bail) for "section 3 of the Northern Ireland (Emergency Provisions) Act 1996" substitute "section 66 of the Terrorism Act 2000".
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