Terrorism Bill - continued        House of Lords
PART VII, NORTHERN IRELAND - continued
The Firearms (Northern Ireland) Order 1981 - continued

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Conviction during remission.     80. - (1) This section applies where-
 
 
    (a) a person is sentenced to imprisonment or a term of detention in a young offenders centre for a period exceeding one year,
 
    (b) he is discharged from prison or the centre in pursuance of prison rules, and
 
    (c) before his sentence or term would have expired (but for the discharge) he commits, and is convicted on indictment of, a scheduled offence.
      (2) If the court before which he is convicted of the scheduled offence sentences him to imprisonment or a term of detention it shall in addition order him to be returned to prison or a young offenders centre for the period between the date of the order and the date on which the sentence or term mentioned in subsection (1) would have expired but for his discharge.
 
      (3) No order shall be made under subsection (2) if the sentence imposed by the court is-
 
 
    (a) a suspended sentence,
 
    (b) a sentence of life imprisonment, or
 
    (c) a sentence of detention during the Secretary of State's pleasure under Article 45(1) of the Criminal Justice (Children) (Northern Ireland) Order 1998.
      (4) An order made under subsection (2) shall cease to have effect if an appeal against the scheduled offence results in-
 
 
    (a) the acquittal of the person concerned, or
 
    (b) the substitution of a sentence other than imprisonment or a term of detention.
      (5) The period for which a person is ordered under this section to be returned to prison or a young offenders centre-
 
 
    (a) shall be taken to be a sentence of imprisonment or term of detention for the purposes of the Prison Act (Northern Ireland) 1953 and for the purposes of the Treatment of Offenders Act (Northern Ireland) 1968 other than section 26(2) (reduction for time spent in custody),
 
    (b) shall not be subject to any provision of prison rules for discharge before expiry, and
 
    (c) shall be served before, and be followed by, the sentence or term imposed for the scheduled offence and be disregarded in determining the appropriate length of that sentence or term.
      (6) For the purposes of this section a certificate purporting to be signed by the governor or deputy governor of a prison or young offenders centre which specifies-
 
 
    (a) the date on which a person was discharged from prison or a young offenders centre,
 
    (b) the sentence or term which the person was serving at the time of his discharge, the offence in respect of which the sentence or term was imposed and the date on which he was convicted of that offence, and
 
    (c) the date on which the person would, but for his discharge in pursuance of prison rules, have been discharged from prison or a young offenders centre,
       shall be evidence of the matters specified.
 
      (7) In this section-
 
 
    "prison rules" means rules made under section 13 of the Prison Act (Northern Ireland) 1953,
 
    "sentence of imprisonment" does not include a committal in default of payment of any sum of money or for want of sufficient distress to satisfy any sum of money or for failure to do or abstain from doing anything required to be done or left undone, and
 
    "young offenders centre" has the meaning assigned to it by section 2(a) of the Treatment of Offenders Act (Northern Ireland) 1968.
      (8) For the purposes of subsection (1) consecutive terms of imprisonment or of detention in a young offenders centre shall be treated as a single term and a sentence of imprisonment or detention in a young offenders centre includes-
 
 
    (a) a sentence or term passed by a court in the United Kingdom or any of the Islands, and
 
    (b) in the case of imprisonment, a sentence passed by a court-martial on a person found guilty of a civil offence within the meaning of the Army Act 1955, the Air Force Act 1955 and the Naval Discipline Act 1957.
      (9) The Secretary of State may by order substitute a different period for the period of one year mentioned in subsection (1).
 
      (10) This section applies irrespective of when the discharge from prison or a young offenders centre took place but only if-
 
 
    (a) the scheduled offence is committed while this section is in force,
 
    (b) the offence (being a scheduled offence within the meaning of the Northern Ireland (Emergency Provisions) Act 1996) was committed while section 16 of that Act was in force,
 
    (c) the offence (being a scheduled offence within the meaning of the Northern Ireland (Emergency Provisions) Act 1991) was committed while section 15 of that Act was in force, or
 
    (d) the offence (being a scheduled offence within the meaning of the Northern Ireland (Emergency Provisions) Act 1978) was committed while section 23 of the Prevention of Terrorism (Temporary Provisions) Act 1989 was in force.
 
Powers of arrest, search, &c.
Arrest of suspected terrorists: power of entry.     81. A constable may enter and search any premises if he reasonably suspects that a terrorist, within the meaning of section 40(1)(b), is to be found there.
 
Arrest and seizure: constables.     82. - (1) A constable may arrest without warrant any person if he reasonably suspects that the person is committing, has committed or is about to commit-
 
 
    (a) a scheduled offence, or
 
    (b) a non-scheduled offence under this Act.
      (2) For the purpose of arresting a person under this section a constable may enter and search any premises where the person is or where the constable reasonably suspects him to be.
 
      (3) A constable may seize and retain anything if he reasonably suspects that it is, has been or is intended to be used in the commission of-
 
 
    (a) a scheduled offence, or
 
    (b) a non-scheduled offence under this Act.
Arrest and seizure: armed forces.     83. - (1) If a member of Her Majesty's forces on duty reasonably suspects that a person is committing, has committed or is about to commit any offence he may-
 
 
    (a) arrest the person without warrant, and
 
    (b) detain him for a period not exceeding four hours.
      (2) A person making an arrest under this section complies with any rule of law requiring him to state the ground of arrest if he states that he is making the arrest as a member of Her Majesty's forces.
 
      (3) For the purpose of arresting a person under this section a member of Her Majesty's forces may enter and search any premises where the person is.
 
      (4) If a member of Her Majesty's forces reasonably suspects that a person-
 
 
    (a) is a terrorist (within the meaning of Part V), or
 
    (b) has committed an offence involving the use or possession of an explosive or firearm,
       he may enter and search any premises where he reasonably suspects the person to be for the purpose of arresting him under this section.
 
      (5) A member of Her Majesty's forces may seize, and detain for a period not exceeding four hours, anything which he reasonably suspects is being, has been or is intended to be used in the commission of an offence under section 93 or 94.
 
      (6) The reference to a rule of law in subsection (2) does not include a rule of law which has effect only by virtue of the Human Rights Act 1998.
 
Munitions and transmitters.     84. Schedule 10 (which confers power to search for munitions and transmitters) shall have effect.
 
Explosives inspectors.     85. - (1) An explosives inspector may enter and search any premises for the purpose of ascertaining whether any explosive is unlawfully there.
 
      (2) The power under subsection (1) may not be exercised in relation to a dwelling.
 
      (3) An explosives inspector may stop any person in a public place and search him for the purpose of ascertaining whether he has any explosive unlawfully with him.
 
      (4) An explosives inspector-
 
 
    (a) may seize any explosive found in the course of a search under this section unless it appears to him that it is being, has been and will be used only for a lawful purpose, and
 
    (b) may retain and, if necessary, destroy it.
      (5) In this section "explosives inspector" means an inspector appointed under section 53 of the Explosives Act 1875.
 
Unlawfully detained persons.     86. - (1) If an officer reasonably believes that a person is unlawfully detained in such circumstances that his life is in danger, the officer may enter any premises for the purpose of ascertaining whether the person is detained there.
 
      (2) In this section "officer" means-
 
 
    (a) a member of Her Majesty's forces on duty, or
 
    (b) a constable.
      (3) A dwelling may be entered under subsection (1) only by-
 
 
    (a) a member of Her Majesty's forces authorised for the purpose by a commissioned officer of those forces, or
 
    (b) a constable authorised for the purpose by an officer of the Royal Ulster Constabulary of at least the rank of inspector.
 
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