SOURCE: CAIN (Conflict Archive on the Internet)
http://cain.ulst.ac.uk
Research: Fionnuala McKenna
Civil
Authorities (Special Powers) Act (Northern Ireland), 1922.
A.D.
1922. An
Act to empower certain authorities of the Government of Northern Ireland to
take steps for preserving the peace and maintaining order in Northern Ireland,
and for purposes connected therewith.
[7th April, 1922.]
BE
it enacted by the King’s most Excellent Majesty, and the Senate and the House
of Commons of Northern Ireland in this present Parliament assembled, and by the
authority of the same, as follows
Powers
for preserving
peace
and maintaining order. 1.(1)
The civil authority shall have power, in respect of persons, matters and things
within the jurisdiction of the Government of Northern Ireland, to take all such
steps and issue all such orders as may be necessary for preserving the peace
and maintaining order, according to and in the execution of this Act and the
regulations contained in the Schedule thereto, or such regulations as may be
made in accordance with the provisions of this Act (which regulations, whether
contained in the said Schedule or made as aforesaid, are in this Act referred
to as "the regulations "):
Provided that the ordinary course of law and avocations of life and the
enjoyment of property shall be interfered with as little as may be permitted by
the exigencies of the steps required to be taken under this Act.
(2)
For the purposes of this Act the civil authority shall be the Minister of Home
Affairs for Northern Ireland, but that Minister may delegate, either
unconditionally or subject to such conditions as he thinks fit, all or any of
his powers under this Act to any officer of police, and any such officer of
police shall, to the extent of such delegation, be the civil authority as
respects any part of Northern Ireland specified in such delegation.
(3)
The Minister of Home Affairs shall have power to make regulations—
(a)
for making further provision for the preservation of the peace and
maintenance of order, and
(b) for varying or revoking any provision of the regulations;
and any regulations made as aforesaid shall, subject to the provisions of this
Act, have effect and be enforced in like manner as regulations contained in the
Schedule to this Act.
(4)
All regulations made as aforesaid shall be laid before both Houses of
Parliament as soon as may be after they are made, and, if an address is
presented to the Lord Lieutenant by either House within the next f our-teen
days on which such House shall be sitting after any such regulation is laid
before it praying that the regulation may be annulled, the Lord Lieutenant may
annul that regulation and it shall thenceforth be void, without prejudice to
the validity of anything done thereunder, or to the power of making a new
regulation; and regulations made as aforesaid shall not be deemed to be
statutory rules within the meaning of section one of the Rules Publication Act,
1893.
General
provisions
as
to offences 2.(1)
It shall be the duty of every person affected by any order issued by the civil
authority or other person in pursuance of the regulations to comply with that
order, and if he fails to do so he shall be guilty of an offence against the
regulations.
(2)
Any person who attempts to commit, or solicits or incites or endeavours to
persuade another person to commit, or procures, aids or abets, or does any act
preparatory to, the commission of, any act prohibited by the regulations, or
any order, rules or other instrument made thereunder, or harbours any person
whom he knows, or has reasonable grounds for supposing, to have acted in
contravention of the regulations, or any order, rules, or other instrument made
thereunder, shall be guilty of an offence against the regulations.
(3)
It shall be the duty of any person who knows, or has good reason for believing,
that some other person is acting, has acted, or is about to act, in
contravention of any provisions of the regulations to inform the civil
authority of the fact, and if he fails to do so he shall be guilty of an
offence against the regulations.
(4)
If any person does any act of such a nature as to be calculated to be
prejudicial to the preservation of the peace or maintenance of order in
Northern Ireland and not specifically provided for in the regulations, he shall
be deemed to be guilty of an offence against the regulations.
(5)
Where the offence against the regulations is committed by a corporation or
company, every director and officer of the corporation or company shall be
guilty of the like offence, unless he proves that the act constituting the
offence took place without his knowledge or consent.
(6)
Where under the regulations any act if done without lawful authority or without
lawful authority or excuse is an offence against the regulations, the burden of
proving that the act was done with lawful authority or with lawful authority or
excuse shall rest on the person alleged to be guilty of the offence.
(7)
Sections one to four, inclusive, of the Criminal Evidence Act, 1898, shall
apply in the case of a person charged with an offence against the regulations.
Trial
of offences 3.(1)
A person alleged to be guilty of an offence against the regulations may be
tried by a court of summary jurisdiction constituted in accordance with this
section, and not otherwise.
(2)
An offence against the regulations shall not be prosecuted except by such
officer or person as may be authorised in that behalf by the Attorney General
for Northern Ireland, and in accordance with such directions as may be given by
the said Attorney General.
(3)
Any person aggrieved by a conviction of a court. of summary jurisdiction for
any such offence may appeal in manner provided by the Summary Jurisdiction
(Ireland) Acts.
(4)
A court of summary jurisdiction when trying a person charged with an offence
against the regulations shall be constituted of two or more resident
magistrates, but one resident magistrate may act alone in doing anything
antecedent to the hearing of the charge under this. Act, or in adjourning a
court or the hearing of a case, or in committing the defendant to prison or
admitting him to bail, until the time to which the court or case has been
adjourned; and a court of quarter sessions, when hearing and determining an
appeal against a conviction of a court of summary jurisdiction for any such
offence, shall be constituted of the recorder or county court judge sitting
alone.
Punishment
of offences
against
the regulations 4.A
person convicted of an offence against the regulations shall be liable to
be sentenced to imprisonment with or without hard labour for a term not
exceeding two years or to a fine not exceeding one hundred pounds or to both
such imprisonment and fine, and the court may, in addition to any other
sentence which may be imposed, order that any goods or articles in respect of
which the offence has been committed shall be forfeited.
Special
punishments
for
certain offences 5. Where
after trial by any court a person is convicted of any crime or offence to which
this section applies, the court may, in addition to any other punishment which
may lawfully be imposed, order such person, if a male, to be once privately
whipped, and the provisions of subsection (6) of section thirty-seven of the
Larceny Act, 1916, as to sentences of whipping shall apply accordingly.
The crimes and offences to which this section applies are as follows: -
(1) Any crime under the Explosive Substances Act, 1883, as extended by section
eighteen of the Firearms Act, 1920.
(2) Any offence against the Firearms Act, 1920, in relation to the having,
keeping- or using of firearms.
(3) Any offence against the regulations in relation to the carrying, having or
keeping of firearms, military arms, ammunition or explosive substances.
(4) Any offence against section thirty of the Larceny Act, 1916, (which relates
to demanding with menaces, with intent to steal).
(5) Arson, whether by common law or by statute, and any offence punishable on
indictment under the Malicious Damage Act, 1861.
Provided
that this section shall not be deemed to apply to any crime or offence
committed before the passing of this Act.
Death
penalty 6.A
crime under section two or section three of the Explosive Substances Act, 1883,
shall be a crime punishable by death: provided that this section shall not
apply to any such crime committed before the passing of this Act.
Where a sentence of death is pronounced by the court upon conviction for a
crime to which this section applies, the sentence may be pronounced and carried
into execution, and all other proceedings thereupon and in respect thereof may
be had and taken, in the same manner as sentence might have been pronounced and
carried into execution, and proceedings might have been had and taken, upon a
conviction for murder.
Power
of arrest 7.
Any person authorised by the civil authority, or any police
constable, or any member of any of His Majesty’s forces on duty may, where it
is necessary for the purpose of effecting an arrest in respect of any crime or
any offence against the regulations, exercise the like powers as may at common
law be exercised by a police constable in effecting arrest in a case where a
felony has been committed.
Power
of police in
Northern
Ireland 8.
Where any enactment or other provision of law (including
this Act or the regulations) provides for the exercise of any power by, or
imposes any duty on, any inspector, head-constable, sergeant, or constable of
the Royal Irish Constabulary in connection with the arrest, prosecution,
remand, trial or conviction of any person for any crime or offence, whether
punishable on indictment or summary conviction, that enactment or provision
shall in Northern Ireland have effect as if the said power were also
exercisable by, or the said duty were also imposed on, the corresponding
officer or member (by whatever title designated) of any police force under the
management and control of the Government of Northern Ireland; and references in
any such enactment or provision to any inspector, head-constable, sergeant, or
constable of the said constabulary, shall be construed accordingly.
Extension
of 14 & 15
Vict.
C.93 9.
The provisions of section fourteen of the Petty
Sessions (Ireland) Act, 1851, in relation to the reading of depositions as
evidence upon the trial of a person charged with an indictable crime or
offence, shall extend so as to authorize the reading of such depositions as evidence,
where it is proved that a witness is so ill as to be unable to travel or where
the attendance of the witness cannot be procured, owing to the prevalence of a
state of disorder
Provisions
as to inquests 10.(1)
For the purpose of preserving the peace and maintaining order, the Minister of
Home Affairs may by order:-
(a)
Prohibit the holding of inquests by coroners on dead bodies
in any area in Northern Ireland specified in the order, either absolutely or except
in such circumstances or on such conditions as may be specified in the order;
or,
(b) Prohibit the holding of any particular inquest specified in the
order; and
(c) Provide for the duties of a coroner and a coroner’s jury (or of
either of them) as respects any inquest prohibited by the order being performed
by such officer or court as may be determined by the order.
(2)
Any such officer or court shall have and may exercise, for the purposes of any
inquiry directed to be held in pursuance of such order or any report thereon,
all or any of the powers which might have been exercised by the coroner or
coroner’s jury for the purposes of the inquest which has been prohibited and
the finding thereon, whether conferred by statute or at common law.
Provisions
as to compensations 11.(1)
Where, under the powers conferred by this Act or the regulations, any lands,
buildings, goods, chattels or other property are taken, occupied or destroyed,
or any other act is done involving interference with private rights of
property, compensation shall, subject to the provisions of this section, be
payable by the civil authority out of moneys provided by Parliament.
(2)
If any question arises as to such compensation, such question, if not settled
by agreement, shall be referred for settlement to the county court or an
arbitrator to be appointed by that court, and all questions in dispute shall be
settled in accordance with such procedure as may be prescribed by rules made by
the Lord Chief Justice of Northern Ireland after consultation with the civil
authority.
(3)
Nothing in this section shall be construed as giving to any person, where an
offence against the regulations has been committed, any right to compensation
in respect of lands, buildings, goods, chattels or other property taken,
occupied or destroyed in connection with such offence.
Duration
of Act 12.
This Act shall continue in force for one year and no
longer, unless Parliament otherwise determines.
Short
title. 13.
This Act may be cited as the Civil Authorities (Special
Powers) Act (Northern Ireland), 1922.
SCHEDULE
REGULATIONS
FOR PEACE AND ORDER IN NORTHERN IRELAND
1. The
civil authority may by order require every person within any area specified in
the order to remain within doors between such hours as may be specified in the
order, and in such ca se, if any person within that area is or remains out
between such hours without a permit in writing from the civil authority or some
person duly authorised by him, he shall be guilty of an offence against these
regulations.
2. The
civil authority may by order
(1) Require all or any licensed premises
within any area specified in the order to be closed, either altogether, or
subject to such exceptions as to hours and purposes, and to compliance with
such directions, as may be specified in the order
(2) Make such provisions as he thinks
necessary for the prevention of the practice of treating in any licensed
premises within any area specified in the order.
Any order of the civil authority
under this regulation may be made to apply either generally or as respects all
or any members of the police or other forces mentioned in the order, and may
require copies of the order to be exhibited in a prominent place in any
licensed premises affected thereby.
If any person contravenes or fails to
comply with any of the provisions of an order made under this regulation or any
conditions or restrictions imposed thereby, he shall be guilty of an offence
against these regulations, and the civil authority may cause such steps to be
taken as may be necessary to enforce compliance with the order.
In this regulation the expression
"licensed premises" includes any premises or place where the sale of
intoxicating liquor is carried on under a license.
3. (1) The civil authority may make orders
prohibiting or restricting in any
area
(a) The holding of or taking part in
meetings, assemblies (in eluding fairs and markets), or processions in public
places;
(b) The use or wearing or possession of
uniforms or badges of a naval, military or police character, or of uniforms or
badges indicating membership of any association or body specified in the order;
(c) The carrying in public places of weapons
of offence or articles capable of being used as such
(d) The carrying, having or keeping of
firearms, military arms, ammunition or explosive substances; and
(e) The having, keeping, or using of a motor
or other cycle, or motor car by any person, other than a member of a police
force, without a permit from the civil authority, or from the chief officer of
the police in the district in which the person resides.
(2) Any order under this regulation may be
made so as to apply generally to the whole of the area aforesaid or to any
special localities in that area, and so as to prohibit all or any of the Acts
and matters before-said absolutely or subject to such exceptions or save upon
such conditions as may he specified therein.
(3) If any person contravenes, or fails to
comply with, any provision of any order made under this regulation, or fails to
comply with any condition subject to which anything is authorised under any
such order, he shall be guilty of an offence against these regulations.
(4) The civil authority, or any person
authorised by him in writing, or any police constable, or any member of His
Majesty’s forces on duty (without prejudice to the powers given by any other
regulation)
(a) If he suspects that any firearms,
military arms, motor or other cycles or motor cars, ammunition or explosive
substances are, or are kept, in or upon any house, building, land, vehicle,
vessel, or other premises in contravention of an order under this regulation,
or otherwise unlawfully, may enter, if need be by force, the house, building,
land, vehicle, vessel, or premises, at any time of the day or night and
examine, search and inspect the same or any part thereof, and may seize any
firearms, military arms, motor or other cycles or motor cars, ammunition or
explosive substances found therein or thereon which he suspects to be, or to be
kept, therein or thereon in contravention of the order, or otherwise
unlawfully; and
(b) If he suspects that any person is
carrying any firearms, military arms, ammunition, or explosive substances in
contravention of any such order, may stop that person and search him and
(c) May seize any firearms, military arms,
ammunition, explosive substances or other articles carried by any person in
contravention of any such order, or otherwise unlawfully, or any motor or other
cycle or motor car used by or in the possession or custody of any person in
contravention of any such order.
Any firearms, military arms,
ammunition, explosive substances, motor cycles, motor cars, or other articles
seized under this regulation may be destroyed or otherwise disposed of as may
be ordered by the civil authority or chief officer of police.
4. Where
there appears to be reason to apprehend that the assembly of any persons for
the purpose of the holding of any meeting will give rise to grave disorder, and
will thereby cause undue demands to be made upon the police forces, or that the
holding of any procession will conduce to a breach of the peace or will promote
disaffection, it shall be lawful for the civil authority, or for any magistrate
or chief officer of police who is duly authorised for the purpose by the civil.
authority, or for two or more of such persons so authorised, to make an order
prohibiting the holding of the meeting or procession, and if a meeting or
procession is held or attempted to be held in contravention of any such
prohibition, it shall be lawful to take such steps as may be necessary to
disperse the meeting or procession or prevent the holding thereof ; and every
person taking part in any such prohibited meeting or procession shall be guilty
of an offence against these regulations.
5. (1)
The Minister of Home Affairs may,
by order, declare this regulation to be in force in any area, and in any such area
no person other than a member of the police forces, shall, subject to any
exceptions for which provision may be made in the order, practice, take part
in, or he concerned in any exercise, movement, evolution, or drill of a
military nature, or be concerned in, or assist the promotion or organisation of
any such exercise, movement, evolution, or drill, by persons other than members
of the police forces.
(2) If any person acts in contravention of
this regulation he shall be guilty of an offence against these regulations.
(3) The provisions of this regulation are
in addition to and not in derogation of any other provision of law relating to
the same subject matter.
6. The
civil authority, and any person duly authorised by him shall have right of
access to any land or buildings or other property whatsoever.
7. The
civil authority, if he considers it necessary so to do for the purposes of any
work of defense or other defended work, or for any other purpose for which it
is deemed necessary for preserving the peace or maintaining order to afford
protection, may, by order, close, stop, or divert any road, lane, passage,
pathway, or ferry, for so long as the order remains in force:
Provided that where any public road
or ferry is so closed, stopped or diverted the civil authority shall publish
notice thereof in such manner as he may consider best adapted for informing the
public, and where any road is stopped by means of any physical obstruction he
shall cause lights sufficient for the warning of passengers to be set up every
night whilst the road is so stopped.
8. It
shall be lawful for the civil authority and any person duly authorised by him,
where for the purposes of this Act it is necessary so to do:—
(a) To take possession of any land and to
construct works, including roads, thereon, and to remove any trees, hedges, and
fences therefrom;
(b) To take possession of any buildings or
other property, including works for the supply of gas, electricity or water,
and of any sources of water supply;
(c) To take such steps as may be necessary
for placing any buildings or structures in a state of defence;
(d) To cause any buildings or structures to
be destroyed, or any property to be moved from one place to another, or to be
destroyed;
(e) To take possession of any arms,
ammunition, explosive substances, equipment, or stores intended or liable to be
used for purposes prejudicial to the preservation of the peace or the
maintenance of order ; to take possession of any horses, vehicles or
mechanically propelled vehicles, or other means of transport, or require them
to be placed at the disposal of any Government Department or person specified
by the Civil Authority in that behalf, either absolutely or by the way of hire,
and either for immediate or future use.
(f) To do any other act involving
interference with private rights of property which is necessary for the
purposes of this Act.
If, after the civil authority has
issued a notice that he has taken or intends to take possession of any movable
property in pursuance of this regulation, any person having control of any such
property sells, removes or secretes it without the consent of the civil
authority, he shall be guilty of an offence against these regulations.
9. Every
person who uses or keeps motor spirit, whether for the purpose of supplying
motive power to motor-cars or for any other purpose, shall supply such
information in relation to the motor spirit used or kept by him, and the
purposes for which and the manner in which it is used or kept by him, as the
civil authority may by any general or special order require, giving such
particulars in such form and at such times as the civil authority may by order
direct and if any person fails to comply with this regulation, or with any
order made thereunder, or knowingly gives any false information, he shall he
guilty of an offence against these regulations.
For the purposes of this regulation motor spirit " has the same meaning as
in section eighty-four of the Finance (1909-10) Act, 1910.
10. No
person shall, without lawful authority, collect, record, publish or
communicate, or attempt to elicit, any information with respect to the
movement, numbers, description, condition, or disposition of any police force,
or with respect to the plans or conduct, or supposed plans or conduct, of any
operations by any such force, or any information of such a nature as is
calculated to be or might be directly or indirectly useful to persons hostile
or opposed to the preservation of the peace or maintenance of order, and if any
person contravenes the provisions of this regulation, or without lawful
authority or excuse has in his possession any document containing any such
information as aforesaid, he shall be guilty of an offence against these
regulations.
11. No
person without lawful authority shall injure, or tamper or interfere with, any
wire or other apparatus for transmitting telegraphic or telephonic messages, or
any apparatus or contrivance intended for or capable of being used for a
signaling apparatus, either visual or otherwise, or prevent or obstruct or in
any manner whatsoever interfere with the sending, conveyance or delivery of any
communication by means of telegraph, telephone, or otherwise, or be in
possession of any apparatus intended for or capable of being used for sending messages,
or tapping messages sent, by wireless telegraphy or otherwise, and if any
person contravenes the provisions of this regulation he shall be guilty of an
offence against these regulations.
12. If
any person, without lawful authority or excuse, uses or has in his possession
or under his control any cipher, code, or other means adapted for secretly
communicating information which may be prejudicial to the preservation of peace
or the maintenance of order he shall be guilty of an offence against these regulations,
unless he proves that the cipher, code, or other means of secret communication
is intended and used solely for commercial or other legitimate purposes.
Any person who has in his possession or under his control any cipher, code, or
other means of secret communication shall, if required by the civil authority,
or any person authorised by him, or by any police constable, supply the key or
other means for deciphering it, and if he fails to do so shall be guilty of an
offence against these regulations.
13. If
any person does any injury to any railway, or is upon any railway, or on, under
or near any tunnel, bridge, viaduct, or culvert, or loiters on or in any road
or path or other place near a railway tunnel, bridge, viaduct or culvert, with
intent to do injury thereto, he shall be guilty of an offence against these
regulations.
13a. Where
a person employed by a Government Department or by a municipal authority or by
any company or contractor upon whom is imposed by Act of Parliament the duty, or
who have otherwise assumed the duty of supplying any city, borough, town or
place, or any part thereof, with electricity, gas, or water, wilfully and
maliciously breaks a contract of service with that department, authority,
company, or contractor, knowing or having reasonable cause to believe that the
probable consequence of his so doing, either alone or in combination with
others, will be to deprive the inhabitants of that city, borough, town, place
or part, wholly or to a great extent of their supply of electricity, gas or
water, he shall be guilty of an offence against these regulations.
14. The
civil authority may by order prohibit any person from approaching within such
distance as may be specified in the order of any camp, barrack, work of defense
or other defended work, or any work or place to which it is deemed necessary in
the interest of the preservation of the peace or maintenance of order to afford
protection, and if any person contravenes any such order he shall be guilty of
an offence against these regulations.
15. If
any person by the discharge of firearms or otherwise endangers the safety of
any police officer or constable or other person who is charged with the
execution of any duties under these regulations, he shall be guilty of an offence
against these regulations.
16. If
any person attempts or does any act calculated or likely to cause mutiny,
sedition, or disaffection in any police force or among the civilian population,
or to impede delay or restrict any work necessary for the preservation of the
peace or maintenance of order he shall ho guilty of an offence against these
regulations.
17. No
person shall obstruct, knowingly mislead or otherwise interfere with or impede,
or withhold any information in his possession which he may reasonably be
required to furnish from an officer or other person who is carrying out the
orders of the civil authority, or who is otherwise acting in accordance with
his duty under these regulations, and if he does so shall be guilty of an
offence against these regulations.
If any person obstructs, impedes, or otherwise interferes with any member of
any police or other authorised force in the execution of his duties, he shall
be guilty of an offence against these regulations.
18. The
civil authority, or any person duly authorised by him, or any police constable,
or any member of any of His Majesty’s forces on duty, may, if he has reason to
suspect that any house, building, land, vehicle, vessel, aircraft, or other
premises or any things therein are being or have been, or are about to be,
constructed, used or kept for any purpose or in any way prejudicial to the
preservation of the peace or maintenance of order, or that a crime or an
offence against these regulations is being or has been committed thereon or therein,
enter, if need be by force, the house, building, land, vehicle, vessel,
aircraft, or premises at any time of the day or night, and examine, search and
inspect the same or any part thereof, and may seize anything found therein or
any such vehicle or vessel which he has reason to suspect is being used or
intended to be used for any such purpose as aforesaid, or is being kept or used
in contravention of these regulations, and the civil authority may order
anything so seized to be destroyed or otherwise disposed of.
19. Where
the civil authority, or any superior officer of police, is of opinion that a
meeting or assembly is being or about to be held of such a character that an
offence against these regulations may he committed thereat, he may authorise in
writing a police constable or other person to attend the meeting or assembly,
and any police constable or person so authorised may enter the place at which
the meeting or assembly is held and remain there during its continuance.
In this regulation the expression "superior officer of police -, means an
officer of police of a rank superior to that of constable. The powers given by this regulation shall be
in addition to and not in derogation of any powers of the civil authority,
constables, or superior officers of police.
20. If
a justice of the peace is satisfied, by information in writing upon oath laid
before him by any person duly authorised by the civil authority, that any
house, land, building, or other premises are being or are about to be used for
any purpose or in any way prejudicial to the preservation of the peace or
maintenance of order by persons suspected of attempting to cause mutiny,
sedition, or disaffection among the police forces or among the civil
population, the justice may by order require the premises either to be closed
altogether or not to be used for any purpose prohibited by the order, or not to
be used except in accordance with conditions and restrictions imposed by the
order, and if the owner or occupier of the premises or any other person
contravenes or fails to comply with any of the provisions of the order or any
conditions or restrictions imposed thereby, he shall be guilty of an offence
against these regulations, and the civil authority may cause such steps to be
taken as may be necessary to enforce compliance with the order.
21. Any
police officer or constable may stop any vehicle travelling along any public
road, and, if he has reason to suspect that any vehicle upon any public road is
being used for any purpose or in any way prejudicial to the preservation of the
peace or maintenance of order, or otherwise unlawfully, may search and seize
the vehicle and seize anything found therein which be has reason to suspect is
being used or intended to be used for any such purpose as aforesaid.
22. The
civil authority may by order require any person or persons of any class or
description to furnish him, either verbally or in writing, with such
information as may be specified in the order, and the order may require any
person to attend at such time and such place as may be specified in the order
for the purpose of furnishing such information, and if any person fails to
comply with the order he shall be guilty of an offence against these
regulations.
23. Any
person authorised for the purpose by the civil authority, or any police
constable, or member of any of His Majesty’s forces on duty when the occasion
for the arrest arises, may arrest without warrant any person whose behaviour is
of such a nature as to give reasonable grounds for suspecting that he has acted
or is acting or is about to act in a manner prejudicial to the preservation of
the peace or maintenance of order, or upon whom may be found any article, book,
letter, or other document, the possession of which gives ground for such a
suspicion, or who is suspected of having committed an offence against these
regulations, or of being in possession of any article or document which is
being used or intended to be used for any purpose or in any way prejudicial to
the preservation of the peace or maintenance of order, and anything found on
any person so arrested which there is reason to suspect is being so used or
intended to be used may be seized, and the civil authority may order anything
so seized to be destroyed or otherwise disposed of.
Any person so arrested may, on the
order of the civil authority, detained in any of His Majesty’s prisons as a
person committed to prison on remand, until he has been discharged by direction
of the Attorney General or is brought before a court of summary jurisdiction.
Any person to be brought before a court under this regulation shall receive at
least twenty-four hours’ notice in writing of the nature of the charge
preferred against him.
On a person being taken into custody
under this regulation he may apply to the civil authority for release on bail,
and, if the civil authority so directs in writing, any resident magistrate may
discharge the person so in custody upon his entering into a recognizance, with,
or without, sureties, for a reasonable amount to appear at a time and place to
be named in the recognizance.
If any person assists or connives at
the escape of any person who may be in custody under this regulation, or
knowingly harbours or assists any person who has so escaped, he shall be guilty
of an offence against these regulations.
24. (1) Any person who does any act with a view
to promoting or calculated to promote the objects of an unlawful association
within the meaning of section 7 of the Criminal Law and Procedure (Ireland)
Act, 1887, shall be guilty of an offence against these regulations.
(2) If any person, without lawful authority
or excuse, has in his possession any document relating or purporting to relate
to the affairs of any such association, or emanating or purporting to emanate
from an officer of any such association, or addressed to the person as an
officer or member of any such association, or indicating that he is an officer
or member of any such association, that person shall be guilty of an offence
against these regulations unless he proves that he did not know or had no
reason to suspect that the document was of any such character as aforesaid or
that he is not an officer or member of the association.
Where a person is charged with having
in his possession any such document, and the document was found on premises in
his occupation, or under his control, or in which he has resided, the document
shall be presumed to have been in his possession unless the contrary is proved.
25. No
person shall by word of mouth or in writing, or in any newspaper, periodical,
book, circular, or other printed publication —
(a) spread
false reports or make false statements ; or
(b) spread reports or make statements
intended or likely to cause disaffection to His Majesty, or to interfere with
the success of any police or other force acting for the preservation of the
peace or maintenance of order in Northern Ireland; or
(c) spread reports or make statements
intended or likely to prejudice the recruiting or enrolment of persons to serve
in any police or other force enrolled or employed for the preservation of the
peace or maintenance of order in Northern Ireland, or to prejudice the
training, discipline, or administration of any such force; and no person shall
produce any performance on any stage, or exhibit any picture or cinematograph
film, or commit any act which is intended or likely to cause any disaffection,
interference or prejudice as aforesaid, and if any person contravenes any of
the above provisions he shall be guilty of an offence against these
regulations.
If any person without lawful
authority or excuse has in his possession or on premises in his occupation or
under his control, any document containing a report or statement the
publication of which would be a contravention of the foregoing provisions of
this regulation, he shall be guilty of an offence against these regulations,
unless he proves that he did not know and had no reason to suspect that the
document contained any such report or statement, or that he had no intention of
transmitting or circulating the document or distributing copies thereof to or
amongst other persons.
26. The
civil authority may by notice prohibit the circulation of any newspaper for any
specified period, and any person circulating or distributing such newspaper
within such specified period shall be guilty of an offence against these
regulations.
27. If
any person in any newspaper, periodical, circular or other printed publication,
or in any public speech, without lawful authority shall publish the contents of
any confidential document belonging to, or of any document which has in
confidence been communicated by, or any confidential information obtained from,
any Department of the Government of Northern Ireland, or any person in the
service of that Government, such first mentioned person shall be guilty of an
offence against these regulations.
28. Every
document purporting to be an order or other instrument issued by the civil
authority and to be signed by that authority shall be received in evidence and
be deemed to be such an order or instrument without further proof unless the
contrary is shown, and the Documentary Evidence Act, 1868, as amended by the
Documentary Evidence Act, 1882, shall apply as if the civil authority were
mentioned in the first column of the schedule to the first-mentioned Act, and
as if the civil authority or any person authorised by the civil authority to
act on his behalf were mentioned in the second column of that schedule.
29. The
powers conferred by these regulations are in addition to and not in derogation
of any powers exerciseable by the civil authority and other persons to take
such steps as may be necessary for securing the preservation of the peace or
maintenance of order, and save as otherwise expressly provided by these
regulations nothing in these regulations shall affect the liability of any
person to trial and punishment for any offence or crime otherwise than in
accordance with these regulations. Provided that no person shall be liable to
be punished twice for the same offence or crime.
30. The
civil authority, or any other person by whom an order is made in pursuance of
these regulations, shall publish notice of the order in such manner as he may
consider best adapted for informing persons affected by the order, and no
person shall, without lawful authority, deface or otherwise tamper with any
notice posted up in pursuance of these regulations, or any other notice,
advertisement or placard, relating to any matters connected with the
preservation of the peace or maintenance of order, exhibited or posted up under
lawful authority, and if he does so shall be guilty of an offence against these
regulations.
31. Any
person claiming to act under any permit or permission granted under or for the
purposes of these regulations shall, if at any time he is required to do so by
the civil authority or any person authorised by him, or by any officer of
police, produce the permit or permission for inspection, and if he refuses to
do so he shall be guilty of an offence against these regulations.
Any permit or permission granted
under or for the purposes of any provision of these regulations may at any time
he revoked.
32. In
addition and without prejudice to any powers which a court may possess to order
the exclusion of the public from any proceedings, if in the course of such
proceedings application is made by the prosecution on behalf of the civil
authority that in the public interest all or any portion of the public shall be
excluded during any part of the hearing, the court may make an order to that
effect.
33. If
it is made to appear to a county court judge or recorder that personal service
of any civil bill returnable to his court, or such other service as is by law
prescribed, cannot be effected owing to the prevalence of a state of disorder
or otherwise, he may, in addition and without prejudice to any other powers in
that behalf, make such order for substituted or other service, or for the
substitution for service of notice by advertisement or otherwise as may seem
just, or may declare the service actually effected sufficient.
34. For
the purposes of the trial of a person for an offence under these regulations,
or under the Firearms Act, 1920, by a court of summary jurisdiction and the
punishment thereof, the offence shall be deemed to have been committed either
at the place in which the same actually was committed or in any place in which
such person may be or to which he may be brought, and the trial, or any
proceedings antecedent thereto or connected therewith, may take place on any
date appointed by a resident magistrate having jurisdiction in such place, and
a summons may be issued by a justice to a witness who is not within his
jurisdiction, and any such summons may be issued, served and enforced in the same
manner as a summons to a witness within the jurisdiction of the issuing
justice.
35. These
regulations shall not, save as therein expressly provided, be construed as
applying to members of His Majesty’s forces when acting within the scope of
their duties.