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Make special provision about certain offences committed, or alleged to have |
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been committed, before 10th April 1998 in connection with terrorism and the |
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affairs of Northern Ireland; and to provide for the amendment of the Northern |
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Ireland (Sentences) Act 1998. |
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Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and |
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consent of the Lords Spiritual and Temporal, and Commons, in this present |
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Parliament assembled, and by the authority of the same, as follows:— |
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1 | Offences to which the Act applies |
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(1) | An offence is one to which this Act applies if it is— |
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(a) | an offence under the law of any part of the United Kingdom committed |
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before 10th April 1998 in connection with terrorism and the affairs of |
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Northern Ireland (whether committed for terrorist purposes or not), or |
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(b) | an escape offence committed before that date in respect of an offence |
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(2) | In subsection (1) “escape offence” means— |
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(a) | an offence specified in paragraph 9 of Schedule 9 to the Terrorism Act |
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2000 (c. 11) (offences under the Prison Act (Northern Ireland) 1953 |
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(b) | an offence committed in another part of the United Kingdom which |
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would, if committed in Northern Ireland, have constituted an offence |
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specified in that paragraph. |
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2 | Certification commissioner |
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(1) | There is to be a certification commissioner appointed by the Secretary of State. |
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(2) | Schedule 1 (further provision about the commissioner) has effect. |
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3 | Certificates of eligibility |
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(1) | Where an application is made to the certification commissioner for a certificate |
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of eligibility, the commissioner must issue a certificate if— |
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(a) | the applicant falls within subsection (2), and |
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(b) | it appears to the commissioner, on the information available to him, |
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that the applicant meets the conditions in subsection (3). |
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| Otherwise, the commissioner must refuse the application. |
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(2) | An applicant falls within this subsection if— |
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(a) | a senior member of the Police Service of Northern Ireland states in |
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(i) | that members of that Service have, and have had since before 1st |
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November 2005, reasonable grounds for suspecting the |
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applicant to be guilty of an offence to which this Act applies, |
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(ii) | that the applicant would have been arrested for the offence |
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before that date but for the fact that he was believed to be |
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outside the United Kingdom; |
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(b) | the applicant has been charged with an offence to which this Act |
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applies (but not convicted or acquitted of it); or |
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(c) | the applicant has been convicted of such an offence and— |
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(i) | has not been sentenced for it, |
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(ii) | is serving (whether in custody or on licence) a sentence of |
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imprisonment imposed in respect of it, or |
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(iii) | is unlawfully at large during the currency of such a sentence. |
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(a) | that the applicant does not support a specified organisation; |
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(b) | that he is not concerned or likely to be concerned in the commission, |
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preparation or instigation of acts of terrorism; |
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(c) | that he has not been convicted of an offence committed on or after 10th |
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April 1998 which would, if committed before that date, be an offence to |
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(d) | that no sentence of imprisonment for a term of five years or more has |
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been imposed on him on conviction of— |
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(i) | an offence under the law of any part of the United Kingdom |
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committed on or after 10th April 1998, or |
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(ii) | a serious foreign offence committed on or after that date. |
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(4) | A statement under subsection (2)(a) must identify, so far as possible by date |
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and place, the conduct constituting each relevant offence. |
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(5) | In subsection (4) “relevant offence” means an offence, other than an offence |
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with which the applicant has been charged or of which he has been convicted, |
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of which he is and has been suspected as mentioned in subsection (2)(a). |
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(6) | A certificate of eligibility must specify— |
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(a) | where paragraph (a) of subsection (2) applies, the conduct identified |
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(b) | where paragraph (b) of subsection (2) applies, each offence with which |
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the applicant has been charged as mentioned in that paragraph; |
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(c) | where paragraph (c) of subsection (2) applies, each offence of which he |
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has been convicted as mentioned in that paragraph. |
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(7) | An offence is a “certified offence” for the purposes of this Act if it is— |
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(a) | an offence to which this Act applies constituted by conduct specified |
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(b) | an offence committed before 10th April 1998 in connection with an |
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offence within paragraph (a) above, or |
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(c) | an offence specified under subsection (6)(b) or (c). |
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| A reference in this Act to a certified offence, in relation to a person holding a |
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certificate of eligibility, is a reference to an offence of that person certified by |
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virtue of that certificate. |
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“senior member”, in relation to the Police Service of Northern Ireland, |
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means a member of that service who is of at least the rank of |
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“serious foreign offence” means an offence under the law of a country or |
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territory outside the United Kingdom which, if the conduct in question |
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occurred in Northern Ireland, would be an offence under the law of |
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Northern Ireland punishable with imprisonment for five years or more. |
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4 | Making and dealing with applications for certificates |
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(1) | An application for a certificate of eligibility must be made by or on behalf of the |
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applicant in the manner required by the certification commissioner. |
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(2) | The applicant (or those acting on his behalf) must provide any information or |
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document required by the commissioner. |
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(3) | The applicant must provide any physical evidence of his identity, of a kind |
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prescribed by rules made by the Secretary of State, that the commissioner may |
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(4) | The commissioner must inform the Secretary of State and the Director of Public |
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Prosecutions for Northern Ireland of the application. |
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(5) | The Secretary of State may make representations to the commissioner about |
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(6) | When the commissioner grants or refuses an application for a certificate of |
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eligibility he must give notice of the decision and of the reasons for it— |
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(a) | to the applicant, and |
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(b) | to the Secretary of State. |
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(7) | The Secretary of State must make rules governing the procedure to be followed |
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(8) | The rules may in particular include— |
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(a) | provision as to the period within which an application must be |
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(b) | provision about providing, obtaining or disclosing information, |
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documents or evidence in connection with an application; |
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(c) | provision preventing information about an applicant from being |
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disclosed to anyone other than the commissioner if the Secretary of |
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State certifies that it satisfies conditions specified in the rules; |
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(d) | provision preventing reasons that are required to be given under |
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subsection (6)(a) from making reference to any matter that is certified |
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by the Secretary of State as satisfying conditions so specified; |
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(e) | provision about the persons to be notified of the grant or refusal of an |
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application for a certificate of eligibility; |
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(f) | provision about amendment of certificates of eligibility (whether by the |
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addition or deletion of certified offences or otherwise). |
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(9) | The Secretary of State may give directions as to the provision of assistance by |
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members of the Police Service of Northern Ireland to the certification |
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commissioner in connection with the exercise of his functions, including in |
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particular directions as to the content and form of statements under section |
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(10) | Every member of the Police Service of Northern Ireland must comply with— |
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(a) | any requirement imposed by or under rules made under this section; |
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(b) | any direction given under subsection (9). |
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(11) | If the Secretary of State is satisfied that the provision of any particular |
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information to the commissioner would be prejudicial to national security or |
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would pose a significant risk to a person’s safety— |
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(a) | he need not provide that information to the commissioner when |
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responding to a request for information from him; |
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(b) | he may when exercising his power under subsection (9) direct that the |
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information is not to be provided to the commissioner. |
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5 | No proceedings while application for certificate pending |
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(1) | Where a person applies for a certificate of eligibility— |
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(a) | no proceedings may be commenced for— |
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(i) | an offence to which this Act applies, or |
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(ii) | an offence committed before 10th April 1998 in connection with |
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| until the application is determined; |
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(b) | any such proceedings already commenced are to be suspended until |
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(2) | Where proceedings are adjourned by virtue of subsection (1)(b) the court has |
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the same powers to remand the person (in custody or on bail) as it has in the |
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case of an adjournment for any other reason. |
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(3) | Subsection (1) does not apply in the case of a second or subsequent application |
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unless the certification commissioner certifies that there has been a material |
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change of circumstances since the previous application. |
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(4) | For the purposes of this section a person’s application for a certificate is |
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(a) | the certificate is granted and either the Secretary of State’s appeal |
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against the grant has been determined or the time allowed for him to |
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bring an appeal has expired without his having brought one, or |
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(b) | the certificate is refused and either the person’s appeal against the |
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refusal has been determined or the time allowed for him to bring an |
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appeal has expired without his having brought one. |
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6 | Cancellation of certificate |
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(1) | The Secretary of State may cancel a person’s certificate of eligibility if he |
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(a) | the conditions mentioned in section 3(3) were not met by the person at |
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the time the certificate was granted or are no longer met by him, or |
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(b) | the person has at any time supported an organisation that— |
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(i) | is currently a specified organisation, and |
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(ii) | has become a specified organisation since the certificate was |
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(2) | When the Secretary of State cancels a person’s certificate of eligibility he |
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(a) | give him notice of the cancellation and of the reasons for it; |
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(b) | inform the Director of Public Prosecutions for Northern Ireland. |
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(3) | The Secretary of State may make rules preventing reasons that are required to |
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be given under subsection (2)(a) from making reference to any matter that |
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satisfies conditions specified in the rules. |
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Exemptions, special procedures and licences |
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7 | Exemption from arrest etc |
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(1) | Where a person holds a certificate of eligibility, none of the following powers |
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may be exercised in respect of him in connection with a certified offence if he |
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has not been convicted of it. |
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(a) | a power of arrest or detention; |
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(b) | a power of entry or search; |
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(c) | a power to remand in custody or on bail; |
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(d) | a power to take fingerprints or samples. |
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(3) | Where a person holds a certificate of eligibility, no power to obtain information |
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exercisable in relation to criminal proceedings is exercisable in respect of him |
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in connection with a certified offence if he has not been convicted of it. |
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(4) | Nothing done in relation to a person before a certificate of eligibility is issued |
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to him is to be treated as unlawful by reason of the issue of the certificate. |
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8 | Trial by Special Tribunal |
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(1) | A person who holds a certificate of eligibility may be tried for a certified |
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offence only by a tribunal to be known as the Special Tribunal. |
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(2) | The Special Tribunal may not try any offence that is not a certified offence. |
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| This is subject to paragraph 4 of Schedule 2. |
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(3) | There is no obligation on a defendant to appear before the Special Tribunal. |
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(4) | Where a defendant declines to appear but is represented, pleas may be entered |
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on his behalf by his representative. |
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(5) | A defendant who declines to appear is to be taken as having pleaded not guilty |
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to all the charges against him, except for any to which a plea is entered by |
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virtue of subsection (4). |
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(6) | Where the Special Tribunal convicts a person of an offence, it must give a |
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judgment stating the reasons for the conviction at or as soon as is reasonably |
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practicable after the time of conviction. |
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(7) | Subject to the provisions of this Act— |
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(a) | the Special Tribunal has the same powers, authorities and jurisdiction |
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as the Crown Court (including power to determine any question and to |
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make any finding that would, in the case of the Crown Court sitting |
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with a jury, be required to be determined or made by the jury); |
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(b) | anything done by or in relation to the Special Tribunal has effect as if |
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done by or in relation to the Crown Court. |
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(8) | Schedule 2 (further provision about the Special Tribunal) has effect. |
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(a) | a person who holds a certificate of eligibility receives a sentence of |
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imprisonment in respect of a certified offence, or |
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(b) | a certificate of eligibility is issued to a person who is— |
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(i) | serving (whether in custody or on licence) a sentence of |
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imprisonment imposed in respect of a certified offence, or |
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(ii) | unlawfully at large during the currency of such a sentence, |
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| then, subject to subsections (2) and (3), he must as soon as possible be given a |
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licence under this section. |
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(2) | A person is not eligible for a licence under this section unless he complies with |
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such requirements as the Secretary of State may impose as to attendance at a |
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specified place and provision of fingerprints and non-intimate samples. |
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(3) | A person subject to a sentence of life imprisonment is not eligible for a licence |
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under this section if it appears to the Secretary of State that, on release, he |
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would be a danger to the public. |
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(4) | A person to whom a licence under this section is given in relation to a sentence |
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is not required to serve any part, or any further part, of the sentence in custody |
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unless the licence is suspended or revoked. |
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(5) | Where a person is on licence under this section in relation to a sentence for a |
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fixed term, the sentence expires (and the licence lapses) on the expiry of two |
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thirds of what would (apart from this subsection) be the full term of the |
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(a) | a person becomes eligible for a licence under this section in relation to |
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a sentence for a fixed term, and |
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(b) | at the time when he becomes eligible, at least two thirds of what would |
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(apart from this section) be the full term of the sentence has expired, |
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| the sentence expires at that time. |
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(7) | Subsections (5) and (6) have effect in relation to consecutive sentences as if the |
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sentences were a single sentence and the aggregate of their terms were a single |
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(8) | A licence under this section given in respect of a sentence has effect in place of |
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any other licence that had effect in respect of that sentence immediately before |
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the licence under this section was given. |
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(1) | A person’s licence under section 9 is subject to the following conditions, but no |
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(a) | those mentioned in section 3(3); |
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(b) | in the case of a sentence of life imprisonment, the condition that he does |
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not become a danger to the public; |
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(c) | the condition that no organisation that he has at any time supported |
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becomes a specified organisation after the licence is given. |
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11 | Suspension and revocation of licence |
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(1) | The Secretary of State may suspend a person’s licence under section 9 if he |
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believes that any of the conditions mentioned in section 3(3) or 10(2)(b) and (c) |
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has been broken or is likely to be broken. |
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(2) | He must give notice of the suspension and of the reasons for it— |
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(b) | to the appeals commissioners. |
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(3) | Where a licence is suspended, the person’s case is to be considered by the |
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(4) | If the commissioners think that none of the conditions imposed by the licence |
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has been or is likely to be broken, they must confirm the licence; otherwise, |
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(5) | The commissioners must give notice of their decision and of the reasons for it— |
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(b) | to the Secretary of State. |
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(6) | While a licence is suspended, the person is to be detained in pursuance of his |
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sentence and, if at large, is unlawfully at large; and such detention is not made |
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unlawful by a subsequent confirmation of the licence. |
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(7) | If a licence is confirmed, the person is entitled to be released immediately (so |
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far as the relevant sentence is concerned). |
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(8) | If a licence is revoked, the person becomes subject to whatever provision for his |
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release would have applied in his case had the licence not been given. |
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(9) | The Secretary of State may make rules— |
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(a) | preventing reasons that are required to be given under subsection (2) |
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from making reference to any matter that satisfies conditions specified |
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(b) | preventing reasons that are required to be given under subsection (5)(a) |
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from making reference to any matter that is certified by the Secretary of |
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State as satisfying conditions so specified. |
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(10) | In this section “appeals commissioners” means the commissioners appointed |
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