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Northern Ireland (Offences) Bill


Northern Ireland (Offences) Bill

1

 

A

Bill

To

Make special provision about certain offences committed, or alleged to have

been committed, before 10th April 1998 in connection with terrorism and the

affairs of Northern Ireland; and to provide for the amendment of the Northern

Ireland (Sentences) Act 1998. 

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and

consent of the Lords Spiritual and Temporal, and Commons, in this present

Parliament assembled, and by the authority of the same, as follows:—

Introductory

1       

Offences to which the Act applies

(1)   

An offence is one to which this Act applies if it is—

(a)   

an offence under the law of any part of the United Kingdom committed

before 10th April 1998 in connection with terrorism and the affairs of

5

Northern Ireland (whether committed for terrorist purposes or not), or

(b)   

an escape offence committed before that date in respect of an offence

within paragraph (a).

(2)   

In subsection (1) “escape offence” means—

(a)   

an offence specified in paragraph 9 of Schedule 9 to the Terrorism Act

10

2000 (c. 11) (offences under the Prison Act (Northern Ireland) 1953

(c. 18 (N.I.))), or

(b)   

an offence committed in another part of the United Kingdom which

would, if committed in Northern Ireland, have constituted an offence

specified in that paragraph.

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Certification

2       

Certification commissioner

(1)   

There is to be a certification commissioner appointed by the Secretary of State.

(2)   

Schedule 1 (further provision about the commissioner) has effect.

 
Bill 8154/1
 
 

Northern Ireland (Offences) Bill

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3       

Certificates of eligibility

(1)   

Where an application is made to the certification commissioner for a certificate

of eligibility, the commissioner must issue a certificate if—

(a)   

the applicant falls within subsection (2), and

(b)   

it appears to the commissioner, on the information available to him,

5

that the applicant meets the conditions in subsection (3).

   

Otherwise, the commissioner must refuse the application.

(2)   

An applicant falls within this subsection if—

(a)   

a senior member of the Police Service of Northern Ireland states in

writing—

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(i)   

that members of that Service have, and have had since before 1st

November 2005, reasonable grounds for suspecting the

applicant to be guilty of an offence to which this Act applies,

and

(ii)   

that the applicant would have been arrested for the offence

15

before that date but for the fact that he was believed to be

outside the United Kingdom;

(b)   

the applicant has been charged with an offence to which this Act

applies (but not convicted or acquitted of it); or

(c)   

the applicant has been convicted of such an offence and—

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(i)   

has not been sentenced for it,

(ii)   

is serving (whether in custody or on licence) a sentence of

imprisonment imposed in respect of it, or

(iii)   

is unlawfully at large during the currency of such a sentence.

(3)   

The conditions are—

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(a)   

that the applicant does not support a specified organisation;

(b)   

that he is not concerned or likely to be concerned in the commission,

preparation or instigation of acts of terrorism;

(c)   

that he has not been convicted of an offence committed on or after 10th

April 1998 which would, if committed before that date, be an offence to

30

which this Act applies;

(d)   

that no sentence of imprisonment for a term of five years or more has

been imposed on him on conviction of—

(i)   

an offence under the law of any part of the United Kingdom

committed on or after 10th April 1998, or

35

(ii)   

a serious foreign offence committed on or after that date.

(4)   

A statement under subsection (2)(a) must identify, so far as possible by date

and place, the conduct constituting each relevant offence.

(5)   

In subsection (4) “relevant offence” means an offence, other than an offence

with which the applicant has been charged or of which he has been convicted,

40

of which he is and has been suspected as mentioned in subsection (2)(a).

(6)   

A certificate of eligibility must specify—

(a)   

where paragraph (a) of subsection (2) applies, the conduct identified

under subsection (4);

(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;

(c)   

where paragraph (c) of subsection (2) applies, each offence of which he

has been convicted as mentioned in that paragraph.

 
 

Northern Ireland (Offences) Bill

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(7)   

An offence is a “certified offence” for the purposes of this Act if it is—

(a)   

an offence to which this Act applies constituted by conduct specified

under subsection (6)(a),

(b)   

an offence committed before 10th April 1998 in connection with an

offence within paragraph (a) above, or

5

(c)   

an offence specified under subsection (6)(b) or (c).

   

A reference in this Act to a certified offence, in relation to a person holding a

certificate of eligibility, is a reference to an offence of that person certified by

virtue of that certificate.

(8)   

In this section—

10

“senior member”, in relation to the Police Service of Northern Ireland,

means a member of that service who is of at least the rank of

superintendent;

“serious foreign offence” means an offence under the law of a country or

territory outside the United Kingdom which, if the conduct in question

15

occurred in Northern Ireland, would be an offence under the law of

Northern Ireland punishable with imprisonment for five years or more.

4       

Making and dealing with applications for certificates

(1)   

An application for a certificate of eligibility must be made by or on behalf of the

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

document required by the commissioner.

(3)   

The applicant must provide any physical evidence of his identity, of a kind

prescribed by rules made by the Secretary of State, that the commissioner may

require.

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(4)   

The commissioner must inform the Secretary of State and the Director of Public

Prosecutions for Northern Ireland of the application.

(5)   

The Secretary of State may make representations to the commissioner about

the application.

(6)   

When the commissioner grants or refuses an application for a certificate of

30

eligibility he must give notice of the decision and of the reasons for it—

(a)   

to the applicant, and

(b)   

to the Secretary of State.

(7)   

The Secretary of State must make rules governing the procedure to be followed

by the commissioner.

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(8)   

The rules may in particular include—

(a)   

provision as to the period within which an application must be

determined;

(b)   

provision about providing, obtaining or disclosing information,

documents or evidence in connection with an application;

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(c)   

provision preventing information about an applicant from being

disclosed to anyone other than the commissioner if the Secretary of

State certifies that it satisfies conditions specified in the rules;

(d)   

provision preventing reasons that are required to be given under

subsection (6)(a) from making reference to any matter that is certified

45

by the Secretary of State as satisfying conditions so specified;

 
 

Northern Ireland (Offences) Bill

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(e)   

provision about the persons to be notified of the grant or refusal of an

application for a certificate of eligibility;

(f)   

provision about amendment of certificates of eligibility (whether by the

addition or deletion of certified offences or otherwise).

(9)   

The Secretary of State may give directions as to the provision of assistance by

5

members of the Police Service of Northern Ireland to the certification

commissioner in connection with the exercise of his functions, including in

particular directions as to the content and form of statements under section

3(2)(a).

(10)   

Every member of the Police Service of Northern Ireland must comply with—

10

(a)   

any requirement imposed by or under rules made under this section;

(b)   

any direction given under subsection (9).

(11)   

If the Secretary of State is satisfied that the provision of any particular

information to the commissioner would be prejudicial to national security or

would pose a significant risk to a person’s safety—

15

(a)   

he need not provide that information to the commissioner when

responding to a request for information from him;

(b)   

he may when exercising his power under subsection (9) direct that the

information is not to be provided to the commissioner.

5       

No proceedings while application for certificate pending

20

(1)   

Where a person applies for a certificate of eligibility—

(a)   

no proceedings may be commenced for—

(i)   

an offence to which this Act applies, or

(ii)   

an offence committed before 10th April 1998 in connection with

such an offence,

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until the application is determined;

(b)   

any such proceedings already commenced are to be suspended until

then.

(2)   

Where proceedings are adjourned by virtue of subsection (1)(b) the court has

the same powers to remand the person (in custody or on bail) as it has in the

30

case of an adjournment for any other reason.

(3)   

Subsection (1) does not apply in the case of a second or subsequent application

unless the certification commissioner certifies that there has been a material

change of circumstances since the previous application.

(4)   

For the purposes of this section a person’s application for a certificate is

35

determined when—

(a)   

the certificate is granted and either the Secretary of State’s appeal

against the grant has been determined or the time allowed for him to

bring an appeal has expired without his having brought one, or

(b)   

the certificate is refused and either the person’s appeal against the

40

refusal has been determined or the time allowed for him to bring an

appeal has expired without his having brought one.

6       

Cancellation of certificate

(1)   

The Secretary of State may cancel a person’s certificate of eligibility if he

believes that—

45

 
 

Northern Ireland (Offences) Bill

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(a)   

the conditions mentioned in section 3(3) were not met by the person at

the time the certificate was granted or are no longer met by him, or

(b)   

the person has at any time supported an organisation that—

(i)   

is currently a specified organisation, and

(ii)   

has become a specified organisation since the certificate was

5

granted.

(2)   

When the Secretary of State cancels a person’s certificate of eligibility he

must—

(a)   

give him notice of the cancellation and of the reasons for it;

(b)   

inform the Director of Public Prosecutions for Northern Ireland.

10

(3)   

The Secretary of State may make rules preventing reasons that are required to

be given under subsection (2)(a) from making reference to any matter that

satisfies conditions specified in the rules.

Exemptions, special procedures and licences

7       

Exemption from arrest etc

15

(1)   

Where a person holds a certificate of eligibility, none of the following powers

may be exercised in respect of him in connection with a certified offence if he

has not been convicted of it.

(2)   

The powers are—

(a)   

a power of arrest or detention;

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(b)   

a power of entry or search;

(c)   

a power to remand in custody or on bail;

(d)   

a power to take fingerprints or samples.

(3)   

Where a person holds a certificate of eligibility, no power to obtain information

exercisable in relation to criminal proceedings is exercisable in respect of him

25

in connection with a certified offence if he has not been convicted of it.

(4)   

Nothing done in relation to a person before a certificate of eligibility is issued

to him is to be treated as unlawful by reason of the issue of the certificate.

8       

Trial by Special Tribunal

(1)   

A person who holds a certificate of eligibility may be tried for a certified

30

offence only by a tribunal to be known as the Special Tribunal.

(2)   

The Special Tribunal may not try any offence that is not a certified offence.

   

This is subject to paragraph 4 of Schedule 2.

(3)   

There is no obligation on a defendant to appear before the Special Tribunal.

(4)   

Where a defendant declines to appear but is represented, pleas may be entered

35

on his behalf by his representative.

(5)   

A defendant who declines to appear is to be taken as having pleaded not guilty

to all the charges against him, except for any to which a plea is entered by

virtue of subsection (4).

 
 

Northern Ireland (Offences) Bill

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(6)   

Where the Special Tribunal convicts a person of an offence, it must give a

judgment stating the reasons for the conviction at or as soon as is reasonably

practicable after the time of conviction.

(7)   

Subject to the provisions of this Act—

(a)   

the Special Tribunal has the same powers, authorities and jurisdiction

5

as the Crown Court (including power to determine any question and to

make any finding that would, in the case of the Crown Court sitting

with a jury, be required to be determined or made by the jury);

(b)   

anything done by or in relation to the Special Tribunal has effect as if

done by or in relation to the Crown Court.

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(8)   

Schedule 2 (further provision about the Special Tribunal) has effect.

9       

Entitlement to licence

(1)   

Where—

(a)   

a person who holds a certificate of eligibility receives a sentence of

imprisonment in respect of a certified offence, or

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(b)   

a certificate of eligibility is issued to a person who is—

(i)   

serving (whether in custody or on licence) a sentence of

imprisonment imposed in respect of a certified offence, or

(ii)   

unlawfully at large during the currency of such a sentence,

   

then, subject to subsections (2) and (3), he must as soon as possible be given a

20

licence under this section.

(2)   

A person is not eligible for a licence under this section unless he complies with

such requirements as the Secretary of State may impose as to attendance at a

specified place and provision of fingerprints and non-intimate samples.

(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

would be a danger to the public.

(4)   

A person to whom a licence under this section is given in relation to a sentence

is not required to serve any part, or any further part, of the sentence in custody

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

fixed term, the sentence expires (and the licence lapses) on the expiry of two

thirds of what would (apart from this subsection) be the full term of the

sentence.

(6)   

Where—

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(a)   

a person becomes eligible for a licence under this section in relation to

a sentence for a fixed term, and

(b)   

at the time when he becomes eligible, at least two thirds of what would

(apart from this section) be the full term of the sentence has expired,

   

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

sentences were a single sentence and the aggregate of their terms were a single

term.

 
 

Northern Ireland (Offences) Bill

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(8)   

A licence under this section given in respect of a sentence has effect in place of

any other licence that had effect in respect of that sentence immediately before

the licence under this section was given.

10      

Conditions of licence

(1)   

A person’s licence under section 9 is subject to the following conditions, but no

5

others.

(2)   

The conditions are—

(a)   

those mentioned in section 3(3);

(b)   

in the case of a sentence of life imprisonment, the condition that he does

not become a danger to the public;

10

(c)   

the condition that no organisation that he has at any time supported

becomes a specified organisation after the licence is given.

11      

Suspension and revocation of licence

(1)   

The Secretary of State may suspend a person’s licence under section 9 if he

believes that any of the conditions mentioned in section 3(3) or 10(2)(b) and (c)

15

has been broken or is likely to be broken.

(2)   

He must give notice of the suspension and of the reasons for it—

(a)   

to the person, and

(b)   

to the appeals commissioners.

(3)   

Where a licence is suspended, the person’s case is to be considered by the

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appeals commissioners.

(4)   

If the commissioners think that none of the conditions imposed by the licence

has been or is likely to be broken, they must confirm the licence; otherwise,

they must revoke it.

(5)   

The commissioners must give notice of their decision and of the reasons for it—

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(a)   

to the person, and

(b)   

to the Secretary of State.

(6)   

While a licence is suspended, the person is to be detained in pursuance of his

sentence and, if at large, is unlawfully at large; and such detention is not made

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

far as the relevant sentence is concerned).

(8)   

If a licence is revoked, the person becomes subject to whatever provision for his

release would have applied in his case had the licence not been given.

(9)   

The Secretary of State may make rules—

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(a)   

preventing reasons that are required to be given under subsection (2)

from making reference to any matter that satisfies conditions specified

in the rules;

(b)   

preventing reasons that are required to be given under subsection (5)(a)

from making reference to any matter that is certified by the Secretary of

40

State as satisfying conditions so specified.

(10)   

In this section “appeals commissioners” means the commissioners appointed

under section 13.

 
 

 
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