Tag: Terrorism Act 2000

ILDC Critical of Proposal to Return to Section 44

The Irish Law & Democracy Committee

The ILDC has strongly criticised proposed amendments to existing stop and search powers initiated by British secretary of state Owen Patterson. The new proposals centre around the ‘Codes of Practice’ which is the statutory guidance for police officers administering these powers, in particular the Terrorism Act 2000 sections 43, 43A and 47A.

In essence it is an attempt to re-introduce section 44 by the back door, and rewords existing legislation some of which is currently the subject of judicial review, in an attempt to get round compliance with European Convention rights.

For example they wish to amend s43 which is a power of stop and search for items related to terrorism to “looking for evidence that the individual is a terrorist or that the vehicle is being used for purposes of terrorism.”

This consultation claims that this is a narrowing of the scope for this legislation but any objective view would see that this is a broadening of the scope. However, any re-introduction of designated or specified areas is a retrograde step back to the outlawed section 44. This entire raft of ‘anti-terrorist’ legislation should be repealed on a wholesale basis as is it not human rights compliant.

The proposed amendments are as follows:

Section 43

The power under section 43 of the Terrorism Act 2000 for a constable to

stop and search a person whom he or she reasonably suspects to be a

terrorist to discover whether he or she has in his possession anything

which may constitute evidence that s/he is a terrorist;

Section 43A

The power under section 43A of the Terrorism Act 2000 for a constable,

if she or she reasonably suspects that a vehicle is being used for the

purposes of terrorism, to stop and search a vehicle, the driver of a

vehicle, a passenger in a vehicle, and anything in or on a vehicle or

carried by the driver or a passenger of a vehicle to discover whether

there is anything which may constitute evidence that the vehicle is

being used for the purposes of terrorism; and

Section 47A

the power under section 47A of the Terrorism Act 2000 for a constable

to stop and search a person or a vehicle in a specified area or place for

evidence that a person is or has been concerned in the commission,

preparation or instigation of acts of terrorism, or evidence that the

vehicle is being used for the purposes of terrorism. The specified area

or place must be specified in an authorisation made by a senior police

officer and confirmed by the Secretary of State in accordance with

section 47A of, and Schedule 6B, to the Terrorism Act 2000)

WITH MANY THANKS TO : The Irish Law & Democracy Committee

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General Advice when subject to a PSNI stop and search:

The Irish Law & Democracy Committee

General Advice when subject to a PSNI stop and search:

 

  • Remain calm and speak clearly
  • Refer to the advice card and see what questions you are obliged to answer and what the PSNI are entitled to do under terms of the legislation.
  • Do not stop voluntarily: let the PSNI stop you and always ask why and under what legislation you are being stopped. By stopping when a PSNI  officer approaches you are consenting and have stopped voluntarily, and when a person consents there is no requirement to use the legislation. Wait until they tell you to stop or hold out their hand to indicate you to stop.
  • Likewise DO NOT CONSENT to a search – let them tell you the legislation they are searching you under – remain passive – but you are under no obligation to assist in a search in any way, therefore DO NOT ASSIST THEM in their search of you or your vehicle –  if they wish to search you or  your vehicle let them do it.
  • No reasonable suspicion is required for a substantial amount of the legislation, and where it is required, it is used on the basis of  the definition of terrorism, as well as on behaviour and current intelligence which is extremely broad and has a very low threshold.
  • If you are in doubt about any aspect of a stop and search or feel  vulnerable exercise your right to silence and contact your solicitor – as no matter what legislation you are stopped under you have the right to seek legal advice. However, this does not mean the PSNI have to stop with their search/questions while you consult with your solicitor, they may continue with the search/questions.
  • Always ask for a search record (blue slip) you are entitled to one unless  circumstances are not practicable for the officer to fill it in. Ask for the    details of the officer conducting the stop/search. If refused take note of number of officer (lapels) date, time and location of stop and search.

Terrorism Act 2000

Section 41 – Power of Arrest for ‘Terrorist Offences’

“A Constable may arrest without warrant a person whom he reasonably suspects to be a   terrorist’ – reasonable suspicion based on behaviour or current intelligence

No specific offence needs to be suspected – and PSNI not required to give detailed reasons at the point of arrest.

Section 43 – Stop & Search for items related to ‘Terrorism’.

In order to stop and search an individual an officer must have reasonable grounds that the individual is a terrorist. Like s41 this procedure can be based on behaviour or current        intelligence.

Justice & Security Act 2007

Section 21 – Stop to ascertain identity and account for movements.

This can be done for as ‘long as necessary’ – Re Mooney as long as 1hour 25 minutes was deemed necessary by the Court.

Includes whilst in a vehicle or in person. It is an offence to fail to stop or to answer the relevant questions.

Questioning includes: – in regard to identity (name, address, DOB  and movements (coming from and going to)

Only British Army can ask anything in relation to a recent incident (explosion or shooting).

Section 24 – Search for items such as transmitters, ammunition & wireless                   apparatus.

Allows for search of person, vehicle or premises

In a person search there is no power to remove any clothing other than outer coat, jacket or headgear.

Reasonable grounds are NOT required in a public place but ARE REQUIRED in a private place. 

WITH MANY THANKS TO : The Irish Law & Democracy Committee

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Marian Price moved from Maghaberry to Hydebank

Old Bailey bomber Marian Price has been moved from Maghaberry to the women’s prison at Hydebank outside Belfast.

   

On Thursday night a priest described her continuing detention as a form of internment.

The claim has been “entirely refuted” by NI Secretary Owen Paterson, who revoked her release licence last May.

The prison service has told the BBC the decision to move Price was taken on clinical advice from healthcare staff at the South Eastern Trust.

It said that since being returned to prison nine months ago the prison service and the trust have, on a number of occasions, discussed and reviewed her needs while in custody.

She was returned to prison last May after appearing at a dissident republican rally in Derry and has since been charged in connection with the murders of two soldiers at Masserene a charge she denies.

‘Form of internment’A meeting of supporters campaigning for her release was held in Londonderry on Thursday night.

Former prison chaplain Monsignor Raymond Murray said Mr Paterson’s decision had echoes of the past for nationalists.

“This is a form of internment,” said Monsignor Murray, who was prison chaplain in Armagh for almost 20 years.

“I am just shocked that the secretary of state wouldn’t be aware of how seriously nationalist people look on internment.

“We thought it had all ended and here it is coming under a form of revocation, revoking a license.

“He would have to explain to us and explain the process of law as regards Marian Price.

“In any way has she broken the law? That would have to be provided but it is not provided by shoving her into prison on a pretence in an unjust way.”

‘Protection of the public’However, the Northern Ireland Office said: “Following a recommendation from the independent parole commissioners, the secretary of state revoked Marian McGlinchey’s licence on 15 May 2011.

“In accordance with the provisions of the Life Sentences (Northern Ireland) Order 2011, the secretary of state may revoke a licence where it is necessary for the protection of the public from serious harm and to prevent the commission of further offences.

“Those released on licence have an obligation to act within the terms of their release.

“Mrs McGlinchey has been charged with two offences under the Terrorism Act 2000, one of which is in connection with the Masserene murders.

“In these circumstances, and considering the need to protect the public, Mrs. McGlinchey’s licence was revoked. An independent panel of parole commissioners is now considering her case.

“The secretary of state entirely refutes the allegation that this is internment without trial.

“Due process has been followed at all times: Mrs McGlinchey is aware of the case against her and has an opportunity to challenge it, and submit evidence on her behalf, during the course of the parole hearing.”

Marian Price ‘internment’ claim refuted by NIO

 

The Northern Ireland Office has said the secretary of state “entirely refutes” the allegation that republican Marian Price is being effectively interned without trial.

Earlier, a priest described the continuing detention of the Old Bailey bomber as a form of internment.

She has been in custody in Maghaberry Prison since May last year.

Secretary of State Owen Paterson revoked her licence after she appeared at a dissident republican rally.

A meeting of supporters campaigning for her release was held in Londonderry on Thursday night.

Former prison chaplain Monsignor Raymond Murray said Mr Paterson’s decision had echoes of the past for nationalists.

“This is a form of internment,” said Monsignor Murray, who was prison chaplain in Armagh for almost 20 years.

“I am just shocked that the secretary of state wouldn’t be aware of how seriously nationalist people look on internment.

“We thought it had all ended and here it is coming under a form of revocation, revoking a license.

“He would have to explain to us and explain the process of law as regards Marian Price.

“In any way has she broken the law? That would have to be provided but it is not provided by shoving her into prison on a pretence in an unjust way.”

‘Protection of the public’

However, the Northern Ireland Office said: “Following a recommendation from the independent parole commissioners, the secretary of state revoked Marian McGlinchey’s licence on 15 May 2011.

“In accordance with the provisions of the Life Sentences (Northern Ireland) Order 2011, the secretary of state may revoke a licence where it is necessary for the protection of the public from serious harm and to prevent the commission of further offences.

“Those released on licence have an obligation to act within the terms of their release.

“Mrs McGlinchey has been charged with two offences under the Terrorism Act 2000, one of which is in connection with the Masserene murders.

“In these circumstances, and considering the need to protect the public, Mrs. McGlinchey’s licence was revoked. An independent panel of parole commissioners is now considering her case.

“The secretary of state entirely refutes the allegation that this is internment without trial.

“Due process has been followed at all times: Mrs McGlinchey is aware of the case against her and has an opportunity to challenge it, and submit evidence on her behalf, during the course of the parole hearing.”

 
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Photographs of PSNI officers ‘found on hard drives’

Londonderry Magistrates Court The accused appeared at Londonderry Magistrates Court
 
Photos of police officers were found on computer hard drives and other media devices during a search of a house in Londonderry in 2011, a court has heard.

Appearing at Londonderry Magistrates Court was Gerard Francis O’Donnell, 52, a taxi driver from Strangford Park.

He denies collecting or making digital or video recordings of police officers contrary to the Terrorism Act 2000.

The defendant was released on his own bail of £1,000 to appear in court again on 25 February.

The defendant replied “definitely not guilty” to committing the offence when his home was searched on 20 June of last year.

A detective constable told District Judge Barney McElholm that the defendant had admitted posting the photographs and images of officers on the 32 County Sovereignty Movement‘s website.

As part of his bail conditions Mr O’Donnell has been banned from using recording devices outside his home, except when at recognised sporting events.

He was also ordered not to attend any illegal public meetings and to report to the police twice each week.

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