Terrorism Bill - continued        House of Lords
PART VII, NORTHERN IRELAND - continued

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Specified organisations
Specified organisations: interpretation.     107. For the purposes of sections 108 to 111 an organisation is specified at a particular time if at that time-
 
 
    (a) it is specified under section 3(8) of the Northern Ireland (Sentences) Act 1998, and
 
    (b) it is, or forms part of, an organisation which is proscribed for the purposes of this Act.
Evidence.     108. - (1) This section applies where a person is charged with an offence under section 11.
 
      (2) Subsection (3) applies where a police officer of at least the rank of superintendent states in oral evidence that in his opinion the accused-
 
 
    (a) belongs to an organisation which is specified, or
 
    (b) belonged to an organisation at a time when it was specified.
      (3) Where this subsection applies-
 
 
    (a) the statement shall be admissible as evidence of the matter stated, but
 
    (b) the accused shall not be committed for trial, be found to have a case to answer or be convicted solely on the basis of the statement.
      (4) In this section "police officer" means a member of-
 
 
    (a) a police force within the meaning of the Police Act 1996 or the Police (Scotland) Act 1967, or
 
    (b) the Royal Ulster Constabulary.
Inferences.     109. - (1) This section applies where a person is charged with an offence under section 11.
 
      (2) Subsection (4) applies where evidence is given that-
 
 
    (a) at any time before being charged with the offence the accused, on being questioned under caution by a constable, failed to mention a fact which is material to the offence and which he could reasonably be expected to mention, and
 
    (b) before being questioned the accused was permitted to consult a solicitor.
      (3) Subsection (4) also applies where evidence is given that-
 
 
    (a) on being charged with the offence or informed by a constable that he might be prosecuted for it the accused failed to mention a fact which is material to the offence and which he could reasonably be expected to mention, and
 
    (b) before being charged or informed the accused was permitted to consult a solicitor.
      (4) Where this subsection applies-
 
 
    (a) the court, in considering any question whether the accused belongs or belonged at a particular time to a specified organisation, may draw from the failure inferences relating to that question, but
 
    (b) the accused shall not be committed for trial, be found to have a case to answer or be convicted solely on the basis of the inferences.
      (5) Subject to any directions by the court, evidence tending to establish the failure may be given before or after evidence tending to establish the fact which the accused is alleged to have failed to mention.
 
Sections 108 and 109: supplementary.     110. - (1) Nothing in section 108 or 109 shall-
 
 
    (a) prejudice the admissibility of evidence admissible apart from that section,
 
    (b) preclude the drawing of inferences which could be drawn apart from that section, or
 
    (c) prejudice an enactment providing (in whatever words) that an answer or evidence given by a person in specified circumstances is not admissible in evidence against him or some other person in any proceedings or class of proceedings (however described, and whether civil or criminal).
      (2) In subsection (1)(c) the reference to giving evidence is a reference to giving it in any manner (whether by giving information, making discovery, producing documents or otherwise).
 
 
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