Terrorism Bill - continued        House of Lords

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  PART VIII
  GENERAL
Police powers.     114. - (1) A power conferred by virtue of this Act on a constable-
 
 
    (a) is additional to powers which he has at common law or by virtue of any other enactment, and
 
    (b) shall not be taken to affect those powers.
      (2) A constable may if necessary use reasonable force for the purpose of exercising a power conferred on him by virtue of this Act (apart from paragraphs 2 and 3 of Schedule 7).
 
      (3) Where anything is seized by a constable under a power conferred by virtue of this Act, it may (unless the contrary intention appears) be retained for so long as is necessary in all the circumstances.
 
Officers' powers.     115. Schedule 14 (which makes provision about the exercise of functions by authorised officers for the purposes of sections 25 to 31 and examining officers for the purposes of Schedule 7) shall have effect.
 
Powers to stop and search.     116. - (1) A power to search premises conferred by virtue of this Act shall be taken to include power to search a container.
 
      (2) A power conferred by virtue of this Act to stop a person includes power to stop a vehicle (other than an aircraft which is airborne).
 
      (3) A person commits an offence if he fails to stop a vehicle when required to do so by virtue of this section.
 
      (4) A person guilty of an offence under subsection (3) shall be liable on summary conviction to-
 
 
    (a) imprisonment for a term not exceeding six months,
 
    (b) a fine not exceeding level 5 on the standard scale, or
 
    (c) both.
Consent to prosecution.     117. - (1) Subject to subsection (3), proceedings shall not be instituted in England and Wales for an offence under any provision of this Act without the consent of the Director of Public Prosecutions.
 
      (2) Subject to subsection (3), proceedings shall not be instituted in Northern Ireland for an offence under any provision of this Act without the consent of the Director of Public Prosecutions for Northern Ireland.
 
      (3) Subsections (1) and (2) do not apply in relation to an offence under-
 
 
    (a) section 36,
 
    (b) section 51,
 
    (c) paragraph 18 of Schedule 7,
 
    (d) paragraph 12 of Schedule 12, or
 
    (e) Schedule 13.
Defences.     118. - (1) Subsection (2) applies where in accordance with a provision mentioned in subsection (5) it is a defence for a person charged with an offence to prove a particular matter.
 
      (2) If the person adduces sufficient evidence to raise an issue with respect to the matter the court or jury shall assume that the defence is satisfied unless the prosecution proves beyond reasonable doubt that it is not.
 
      (3) Subsection (4) applies where in accordance with a provision mentioned in subsection (5) a court-
 
 
    (a) may make an assumption in relation to a person charged with an offence unless a particular matter is proved, or
 
    (b) may accept a fact as sufficient evidence unless a particular matter is proved.
      (4) If sufficient evidence is adduced to raise an issue with respect to the matter mentioned in subsection (3)(a) or (b) the court shall treat it as proved unless the prosecution disproves it beyond reasonable doubt.
 
      (5) The provisions in respect of which subsections (2) and (4) apply are-
 
 
    (a) sections 39(5)(a), 54, 57, 58, 77 and 103 of this Act, and
 
    (b) sections 13, 32 and 33 of the Northern Ireland (Emergency Provisions) Act 1996 (possession and information offences) as they have effect by virtue of Schedule 1 to this Act.
Crown servants, regulators, &c.     119. - (1) The Secretary of State may make regulations providing for any of sections 15 to 23 and 39 to apply to persons in the public service of the Crown.
 
      (2) The Secretary of State may make regulations providing for section 19 not to apply to persons who are in his opinion performing or connected with the performance of regulatory, supervisory, investigative or registration functions of a public nature.
 
      (3) Regulations-
 
 
    (a) may make different provision for different purposes,
 
    (b) may make provision which is to apply only in specified circumstances, and
 
    (c) may make provision which applies only to particular persons or to persons of a particular description.
 
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