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CRIMINAL LAW - THE PREVENTION OF TERRORISM

NCJ Number
62311
Journal
Police Review Volume: 87 Dated: (AUGUST 31, 1979) Pages: 1400-1404
Author(s)
A E GREAVES; D PICKOVER
Date Published
1979
Length
5 pages
Annotation
THE BRITISH PREVENTION OF TERRORISM (TEMPORARY PROVISIONS) ACT, 1976, IS DISCUSSED WITH EMPHASIS ON THE LAW'S CONNECTION WITH THE NORTHERN IRELAND CONFLICT, AND THE AUTHORITY GRANTED TO THE BRITISH SECRETARY OF STATE.
Abstract
TO COMBAT TERRORISM IN THE UNITED KINGDOM, THE PREVENTION OF TERRORISM (TEMPORARY PROVISIONS) ACT, 1976, OUTLAWS THE IRISH REPUBLICAN ARMY AND THE IRISH NATIONAL LIBERATION ARMY, AND GIVES POWER TO THE SECRETARY OF STATE TO MAKE EXCLUSION ORDERS. THESE ORDERS WOULD PROHIBIT SPECIFIC INDIVIDUALS FROM ENTERING GREAT BRITAIN OR WOULD JUSTIFY EXPELLING ANY PERSON FOUND TO BE PREPARING A TERRORIST ACT. MEMBERSHIP IN A PROSCRIBED ORGANIZATION AFTER THE DATE OF ITS PROSCRIPTION, OR THE DISPLAY OF ARTICLES INDICATING SUPPORT OF SUCH AN ORGANIZATION ARE OFFENSES UNDER THE ACT. A CONSTABLE MAY ARREST WITHOUT A WARRANT ANY PERSON WHO AROUSES REASONABLE APPREHENSION THAT HE IS A MEMBERSHIP OF A PROSCRIBED ORGANIZATION. SUCH AN OFFENDER COULD BE SUMMARILY TRIED AND PUNISHED BY UP TO 6 MONTHS IN JAIL AND A FINE OF 1,000 POUNDS. PERSONS WHO FAIL TO COMPLY WITH AN EXLUSION ORDER, AND PERSONS WHO SOLICIT FUNDS FOR USE IN ACTS OF TERRORISM, ARE GUILTY OF OFFENSES. THE ACT PROVIDES FOR THE FORFEITURE OF ANY MONEY OR OTHER PROPERTY WHICH WAS IN THE POSSESSION OF A PERSON COMMITTING AN OFFENSE UNDER THE ACT, IF THE MONEY OR PROPERTY WAS TO BE USED FOR THE COMMISSION OF A TERRORIST ACT. IF A PERSON HAS INFORMATION WHICH HE BELIEVES MIGHT ASSIST IN THE PREVENTION OF A TERRORIST ACT OR IN THE CAPTURE OF A TERRORIST, THE PERSON'S FAILURE TO DISCLOSE THE INFORMATION TO THE POLICE MAKES HIM GUILTY OF AN OFFENSE. A SEARCH WARRANT MAY BE ISSUED IF A JUSTICE OF THE PEACE IS SATISFIED BY INFORMATION ON OATH BY A POLICE OFFICER, NOT BELOW THE RANK OF INSPECTOR, THAT THERE IS GROUND FOR SUSPECTING AN OFFENSE. (TWK)