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| | 7. - (1) This section applies where-
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(a) an appeal under section 5 has been allowed in respect of an organisation, |
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(b) an order has been made under section 3(3)(b) in respect of the organisation in accordance with an order of the Commission under section 5(4) (and, if the order was made in reliance on section 122(4), a resolution has been passed by each House of Parliament under section 122(4)(b)), |
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(c) a person has been convicted of an offence in respect of the organisation under any of sections 11 to 13, 15 to 19 and 56, and |
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(d) the activity to which the charge referred took place on or after the date of the refusal to deproscribe against which the appeal under section 5 was brought. |
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(2) If the person mentioned in subsection (1)(c) was convicted on indictment-
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(a) he may appeal against the conviction to the Court of Appeal, and |
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(b) the Court of Appeal shall allow the appeal. |
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(3) A person may appeal against a conviction by virtue of subsection (2) whether or not he has already appealed against the conviction.
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(4) An appeal by virtue of subsection (2)-
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(a) must be brought within the period of 28 days beginning with the date on which the order mentioned in subsection (1)(b) comes into force, and |
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(b) shall be treated as an appeal under section 1 of the Criminal Appeal Act 1968 (but does not require leave). |
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(5) If the person mentioned in subsection (1)(c) was convicted by a magistrates' court-
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(a) he may appeal against the conviction to the Crown Court, and |
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(b) the Crown Court shall allow the appeal. |
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(6) A person may appeal against a conviction by virtue of subsection (5)-
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(a) whether or not he pleaded guilty, |
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(b) whether or not he has already appealed against the conviction, and |
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(c) whether or not he has made an application in respect of the conviction under section 111 of the Magistrates' Courts Act 1980 (case stated). |
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(7) An appeal by virtue of subsection (5)-
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(a) must be brought within the period of 21 days beginning with the date on which the order mentioned in subsection (1)(b) comes into force, and |
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(b) shall be treated as an appeal under section 108(1)(b) of the Magistrates' Courts Act 1980. |
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(8) In section 133(5) of the Criminal Justice Act 1988 (compensation for miscarriage of justice) after paragraph (b) there shall be inserted-
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" or
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(c) on an appeal under section 7 of the Terrorism Act 2000". |
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| Section 7: Scotland and Northern Ireland. |
8. - (1) In the application of section 7 to Scotland-
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(a) for every reference to the Court of Appeal or the Crown Court substitute a reference to the High Court of Justiciary, |
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(b) in subsection (2)(b), at the end insert "and quash the conviction", |
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(i) in paragraph (a), for "28 days" substitute "two weeks", and
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(ii) in paragraph (b), for "section 1 of the Criminal Appeal Act 1968" substitute "section 106 of the Criminal Procedure (Scotland) Act 1995",
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(i) for "by a magistrates' court" substitute "in summary proceedings", and
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(ii) in paragraph (b), at the end insert "and quash the conviction",
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(e) in subsection (6), paragraph (c) is omitted, |
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(i) in paragraph (a) for "21 days" substitute "two weeks", and
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(ii) for paragraph (b) substitute-
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"(b) shall be by note of appeal, which shall state the ground of appeal, |
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(c) shall not require leave under any provision of Part X of the Criminal Procedure (Scotland) Act 1995, and |
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(d) shall be in accordance with such procedure as the High Court of Justiciary may, by Act of Adjournal, determine.". |
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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, |
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(c) the reference in subsection (6) to section 111 of the Magistrates' Courts Act 1980 shall be taken as a reference to Article 146 of the Magistrates' Courts (Northern Ireland) Order 1981, and |
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(d) 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. |
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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 56-
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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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