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Home > Human Rights & Humanitarian Law > Armed Conflict & the Law > What is Terrorism? > Terrorism: United Kingdom Law & Practise > UK Terrorism Act 2000 - Index > Parts 1 to V : Sections 1 to 53 > Parts VI to VII: Sections 54 to 119 > Part VIII: Sections 114 to 131 > Schedules 1 to 4 > Schedules 5 to 10 > Schedules 11 to end
UK Terrorism Act 2000
Part VIII: Sections 114 to 131
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) This section applies to an offence under any provision of this Act other than 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. | |
(2) Proceedings for an offence to which this section applies- | |
(a) shall not be instituted in England and Wales without the consent of the Director of Public Prosecutions, and | |
(b) shall not be instituted in Northern Ireland without the consent of the Director of Public Prosecutions for Northern Ireland. | |
(3) Where it appears to the Director of Public Prosecutions or the Director of Public Prosecutions for Northern Ireland that an offence to which this section applies is committed for a purpose connected with the affairs of a country other than the United Kingdom- | |
(a) subsection (2) shall not apply, and | |
(b) proceedings for the offence shall not be instituted without the consent of the Attorney General or the Attorney General for Northern Ireland. | |
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 evidence which is sufficient 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 evidence is adduced which is sufficient 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 12(4), 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. |
Money. | 127. The following shall be paid out of money provided by Parliament- |
(a) any expenditure of a Minister of the Crown under or by virtue of this Act, and | |
(b) any increase in the sums payable out of money provided by Parliament under any other enactment. | |
Commencement. | 128. The preceding provisions of this Act, apart from sections 2(1)(b) and (2) and 118 and Schedule 1, shall come into force in accordance with provision made by the Secretary of State by order. |
Transitional provisions. | 129. - (1) Where, immediately before the coming into force of section 2(1)(a), a person is being detained by virtue of a provision of the Prevention of Terrorism (Temporary Provisions) Act 1989- |
(a) the provisions of that Act shall continue to apply to him, in place of the corresponding provisions of this Act, until his detention comes to an end, and | |
(b) nothing in paragraph 5 or 8 of Schedule 15 shall have effect in relation to him during his detention. | |
(2) Where- | |
(a) a person is detained by virtue of a provision of the Northern Ireland (Emergency Provisions) Act 1996 (as continued in force by virtue of Schedule 1 to this Act), and | |
(b) the provision ceases to have effect, | |
he shall be treated as lawfully detained under any corresponding provision of this Act. | |
(3) Where this Act repeals and re-enacts a provision of- | |
(a) the Prevention of Terrorism (Temporary Provisions) Act 1989, or | |
(b) the Northern Ireland (Emergency Provisions) Act 1996, | |
the repeal and re-enactment shall not, unless the contrary intention appears, affect the continuity of the law. | |
(4) A reference in this Act or any other enactment or instrument to a provision of this Act shall (so far as the context permits) be taken to include a reference to a corresponding provision repealed by this Act. | |
(5) The repeal by virtue of this Act of section 14 of the Northern Ireland (Emergency Provisions) Act 1996 (young persons convicted of scheduled offences) shall not affect its operation in relation to offences committed while it was in force. | |
(6) Any document made, served or issued after the commencement of paragraph (a) or (b) of section 2(1) which contains a reference to an enactment repealed by that paragraph shall, so far as the context permits, be construed as referring to or (as the context may require) including a reference to the corresponding provision of this Act. | |
(7) Any document made, served or issued after the commencement of this Act which contains a reference to a provision of this Act shall, so far as the context permits, be construed as referring to or (as the context may require) including a reference to the corresponding provision of- | |
(a) the Prevention of Terrorism (Temporary Provisions) Act 1989, or | |
(b) the Northern Ireland (Emergency Provisions) Act 1996. | |
(8) Section 117 shall apply to the institution of proceedings after commencement of that section whether the offence to which the proceedings relate (which may, by virtue of subsection (4) above, be an offence under a provision repealed by this Act) is alleged to have been committed before or after commencement of that section. | |
Extent. | 130. - (1) Subject to subsections (2) to (6), this Act extends to the whole of the United Kingdom. |
(2) Section 59 shall extend to England and Wales only. | |
(3) The following shall extend to Northern Ireland only- | |
(a) section 60, and | |
(b) Part VII. | |
(4) Section 61 shall extend to Scotland only. | |
(5) In Schedule 5- | |
(a) Part I shall extend to England and Wales and Northern Ireland only, and | |
(b) Part II shall extend to Scotland only. | |
(6) The amendments and repeals in Schedules 15 and 16 shall have the same extent as the enactments to which they relate. | |
Short title. | 131. This Act may be cited as the Terrorism Act 2000. |