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

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Terrorist information.     103. - (1) A person commits an offence if-
 
 
    (a) he collects, makes a record of, publishes, communicates or attempts to elicit information about a person to whom this section applies which is of a kind likely to be useful to a person committing or preparing an act of terrorism, or
 
    (b) he possesses a document or record containing information of that kind.
      (2) This section applies to a person who is or has been-
 
 
    (a) a constable,
 
    (b) a member of Her Majesty's Forces,
 
    (c) the holder of a judicial office,
 
    (d) an officer of any court, or
 
    (e) a full-time employee of the prison service in Northern Ireland.
      (3) In this section "record" includes a photographic or electronic record.
 
      (4) If it is proved in proceedings for an offence under subsection (1)(b) that a document or record-
 
 
    (a) was on any premises at the same time as the accused, or
 
    (b) was on premises of which the accused was the occupier or which he habitually used otherwise than as a member of the public,
  the court may assume that the accused possessed the document or record, unless he proves that he did not know of its presence on the premises or that he had no control over it.
 
      (5) It is a defence for a person charged with an offence under this section to prove that he had a reasonable excuse for his action or possession.
 
      (6) A person guilty of an offence under this section shall be liable-
 
 
    (a) on conviction on indictment, to imprisonment for a term not exceeding 10 years, to a fine or to both, or
 
    (b) on summary conviction, to imprisonment for a term not exceeding six months, to a fine not exceeding the statutory maximum or to both.
      (7) A court by or before which a person is convicted of an offence under this section may order the forfeiture of any document or record containing information of the kind mentioned in subsection (1)(a).
 
      (8) Before making an order under subsection (7) a court must give an opportunity to be heard to any person, other than the convicted person, who claims to be the owner of or otherwise interested in anything which can be forfeited under that subsection.
 
      (9) An order under subsection (8) shall not come into force until there is no further possibility of it being varied, or set aside, on appeal (disregarding any power of a court to grant leave to appeal out of time).
 
Police powers: records.     104. The Chief Constable of the Royal Ulster Constabulary shall make arrangements for securing that a record is made of each exercise by a constable of a power under this Part in so far as-
 
 
    (a) it is reasonably practicable to do so, and
 
    (b) a record is not required to be made under another enactment.
Powers.     105. A power conferred on a person by virtue of this Part-
 
 
    (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 or Her Majesty's prerogative.
Private security services.     106. Schedule 13 (private security services) shall have effect.
 
 
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.
 
 
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