Prevention of Terrorism (Temporary Provisions) Act 1989

Last updated

Prevention of Terrorism (Temporary Provisions) Act 1989
Royal Coat of Arms of the United Kingdom (variant 1, 1952-2022).svg
Long title An Act to make provision in place of the Prevention of Terrorism (Temporary Provisions) Act 1984; to make further provision in relation to powers of search under, and persons convicted of scheduled offences within the meaning of, the Northern Ireland (Emergency Provisions) Act 1978; and to enable the Secretary of State to prevent the establishment of new explosives factories, magazines and stores in Northern Ireland.
Citation 1989 c. 4
Dates
Royal assent 15 March 1989
Repealed19 February 2001
Other legislation
Repeals/revokes Prevention of Terrorism (Temporary Provisions) Act 1984
Repealed by Terrorism Act 2000
Status: Repealed
Text of statute as originally enacted
Text of the Prevention of Terrorism (Temporary Provisions) Act 1989 as in force today (including any amendments) within the United Kingdom, from legislation.gov.uk.

The Prevention of Terrorism (Temporary Provisions) Act 1989 was one of the Prevention of Terrorism Acts of the United Kingdom related to The Troubles in Northern Ireland.

Powers contained in the Acts

The Prevention of Terrorism (Temporary Provisions) Act 1989 had seven parts:

Proscribed Organisations
Allowed for organisations to be made illegal, making membership an arrestable offence. It was also an offence to solicit financial support for any listed group, display signs of public support, or attend a meeting supporting a listed group or addressed by a group member. The maximum penalty was ten years' imprisonment and an unlimited fine. The initial groups outlawed were the Provisional Irish Republican Army (IRA) and the Irish National Liberation Army (INLA) in the United Kingdom and numerous loyalist groups within Northern Ireland.
Exclusion Orders
Exclusion orders could be issued "as expedient" to prevent terrorism relating to Northern Ireland. Orders were issued against individuals to either prevent them entering or being in Great Britain, to exclude them from Northern Ireland, or to exclude them from the United Kingdom. It was an offence to breach an order or to aid another in effecting entry, the maximum sentence was five years' imprisonment and an unlimited fine.
Financial Assistance for Terrorism
As well as the provision under the first part of the Act, contributing, receiving or soliciting financial support for terrorism was an offence under this part also. Additionally, it was an offence to contribute any other resources; to assist in the retention or control of funds for proscribed groups or terrorist acts; or to fail to disclose to the police any suspicions notwithstanding any other restriction. The maximum penalty was fourteen years' imprisonment and an unlimited fine.
Arrest, Detention and Control of Entry
This part allowed for the arrest of individuals without a warrant and on reasonable suspicion that they were guilty of an offence under the Act or otherwise "concerned in the commission, preparation or instigation of acts of terrorism". The period of initial detention was up to 48 hours, this could be extended by a maximum of five additional days by the Home Secretary. The detainee was exempted from certain provisions of other Acts relating to the arrest procedure and the legal protection of those arrested. This part also allowed for streamlined search procedures of persons or property and checks under the Act on persons at port or other border controls.

The remaining parts of the Act (Information, Proceedings and Interpretation, Further Provisions for Northern Ireland, and Supplementary) are largely technical, although the Northern Ireland provisions extend the right to search property, restricts remission for those convicted of statutory offences, and tightens control over the granting of licenses under the Explosives Act 1875 (new explosives factories and magazines).

Related Research Articles

<span class="mw-page-title-main">Patriot Act</span> 2001 United States anti-terrorism law

The USA PATRIOT Act was a landmark Act of the United States Congress, signed into law by President George W. Bush. The formal name of the statute is the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001, and the commonly used short name is a contrived acronym that is embedded in the name set forth in the statute.

<span class="mw-page-title-main">Terrorism Act 2000</span> United Kingdom legislation

The Terrorism Act 2000 is the first of a number of general Terrorism Acts passed by the Parliament of the United Kingdom. It superseded and repealed the Prevention of Terrorism Act 1989 and the Northern Ireland Act 1996. It also replaced parts of the Criminal Justice Act 1998. The powers it provides the police have been controversial, leading to noted cases of alleged abuse, and to legal challenges in British and European courts. The stop-and-search powers under section 44 of the Act have been ruled illegal by the European Court of Human Rights.

<span class="mw-page-title-main">Anti-terrorism, Crime and Security Act 2001</span> United Kingdom legislation

The Anti-terrorism, Crime and Security Act 2001 is an Act of Parliament of the United Kingdom, formally introduced into Parliament on 19 November 2001, two months after the terrorist attacks in the United States on 11 September. It received royal assent and came into force on 14 December 2001. Many of its measures are not specifically related to terrorism, and a Parliamentary committee was critical of the swift timetable for such a long bill including non-emergency measures.

<span class="mw-page-title-main">Proceeds of Crime Act 2002</span> British statute law on confiscation and money laundering

The Proceeds of Crime Act 2002 (POCA) is an act of the Parliament of the United Kingdom which provides for the confiscation or civil recovery of the proceeds from crime and contains the principal money laundering legislation in the UK.

Murray v United Kingdom was a legal case heard by the European Court of Human Rights in 1994 to determine if part of the United Kingdom's anti-terrorism laws were in violation of the Convention for the Protection of Human Rights and Fundamental Freedoms.

<span class="mw-page-title-main">Offences Against the Person Act 1861</span> UK criminal statute

The Offences against the Person Act 1861 is an Act of the Parliament of the United Kingdom of Great Britain and Ireland. It consolidated provisions related to offences against the person from a number of earlier statutes into a single Act. For the most part these provisions were, according to the draftsman of the Act, incorporated with little or no variation in their phraseology. It is one of a group of Acts sometimes referred to as the Criminal Law Consolidation Acts 1861. It was passed with the object of simplifying the law. It is essentially a revised version of an earlier consolidation act, the Offences Against the Person Act 1828, incorporating subsequent statutes.

Preventive detention is an imprisonment that is putatively justified for non-punitive purposes, most often to prevent further criminal acts.

<span class="mw-page-title-main">Terrorism Act 2006</span> United Kingdom legislation

The Terrorism Act 2006 is an act of the Parliament of the United Kingdom that received royal assent on 30 March 2006, after being introduced on 12 October 2005. The Act creates new offences related to terrorism, and amends existing ones. The Act was drafted in the aftermath of the 7 July 2005 London bombings, and some of its terms have proven to be highly controversial. The government considered the act a necessary response to an unparalleled terrorist threat; it has encountered opposition from those who feel that it is an undue imposition on civil liberties, and could increase the terrorism risk.

The USA PATRIOT Act was passed by the United States Congress in 2001 as a response to the September 11, 2001 attacks. It has ten titles, each containing numerous sections. Title III: International Money Laundering Abatement and Financial Anti-Terrorism Act of 2001 is actually an act of Congress in its own right as well as being a title of the USA PATRIOT Act, and is intended to facilitate the prevention, detection and prosecution of international money laundering and the financing of terrorism. The title's sections primarily amend portions of the Money Laundering Control Act of 1986 and the Bank Secrecy Act of 1970.

Terrorism financing is the provision of funds or providing financial support to individual terrorists or non-state actors.

The law of Northern Ireland is the legal system of statute and common law operating in Northern Ireland since the partition of Ireland established Northern Ireland as a distinct jurisdiction in 1921. Prior to 1921, Northern Ireland was part of the same legal system as the rest of Ireland.

Anti-terrorism legislation are laws with the purpose of fighting terrorism. They usually, if not always, follow specific bombings or assassinations. Anti-terrorism legislation usually includes specific amendments allowing the state to bypass its own legislation when fighting terrorism-related crimes, under alleged grounds of necessity.

From 2000 to 2015, the British Parliament passed a series of Terrorism Acts that were aimed at terrorism in general, rather than specifically focused on terrorism related to Northern Ireland.

Administrative detention is arrest and detention of individuals by the state without trial. A number of jurisdictions claim that it is done for security reasons. Many countries claim to use administrative detention as a means to combat terrorism or rebellion, to control illegal immigration, or to otherwise protect the ruling regime.

An immigration officer is a law enforcement official whose job is to ensure that immigration legislation is enforced. This can cover the rules of entry for visa applicants, foreign nationals or those seeking asylum at the border, detecting and apprehending those that have breached the border and removing them, or pursuing those in breach of immigration and criminal laws.

<span class="mw-page-title-main">Serious Crime Act 2007</span> United Kingdom legislation

The Serious Crime Act 2007 is an Act of the Parliament of the United Kingdom that makes several radical changes to English criminal law. In particular, it creates a new scheme of serious crime prevention orders to frustrate crime in England and Wales and in Northern Ireland, replaces the common law crime of incitement with a statutory offence of encouraging or assisting crime, makes provision as to disclosure and information sharing in order to prevent fraud, and abolishes the Assets Recovery Agency creating a new regime for the recovery of the proceeds of crime.

<span class="mw-page-title-main">Criminal Law (Consolidation) (Scotland) Act 1995</span> Act of the Parliament of the United Kingdom

The Criminal Law (Consolidation) (Scotland) Act 1995 is an Act of the Parliament of the United Kingdom passed to consolidate certain enactments creating offences and relating to the criminal law of Scotland.

Prostitution in Northern Ireland is governed by the Human Trafficking and Exploitation Act 2015, which makes it illegal to pay for sex in Northern Ireland. Prior to the act coming into effect, prostitution in Northern Ireland was regulated by the same or similar laws to those in England and Wales, as it is elsewhere in the United Kingdom. At that time, prostitution in Northern Ireland was legal subject to a number of restraints which controlled certain activities associated with prostitution, such as soliciting, procuring, living on the proceeds of prostitution (pimping), exploitation of prostitutes, under-age prostitution, and keeping a brothel. However, devolution provided the opportunity for separate legislation in Northern Ireland.

<span class="mw-page-title-main">Maharashtra Control of Organised Crime Act</span> Law enacted by Government of Maharashtra to combat Organised crime and Terrorism

The Maharashtra Control of Organised Crime Act, 1999 is a law enacted by the state of Maharashtra in India in 1999 to combat organised crime and terrorism. Known as 'MCOCA', the Act provides the State Government with special powers to tackle these issues, including powers of surveillance, relaxed evidentiary standards and procedural safeguards, and prescribing additional criminal penalties, including the death penalty. The law was introduced by a coalition government of the Bharatiya Janata Party and Shiv Sena.

<span class="mw-page-title-main">National Security Act 2023</span> United Kingdom legislation

The National Security Act 2023 is an act of the Parliament of the United Kingdom which introduced new measures intended to strengthen United Kingdom national security against espionage, interference in the political system, sabotage, and assassination.