[My read of the law, which I don't think disagrees with Caspar's, is that some of the more brutal warrantless search-and-seizure rules apply only to northern Ireland, but the "anti-hacker" definitions apply to anyone in the U.K. --Declan] ******* From: "Caspar Bowden" <cbat_private> To: "'Declan McCullagh'" <declanat_private> Subject: Please could you circulate this ? Date: Mon, 30 Jul 2001 11:42:20 +0100 Message-ID: <000101c118e4$4f9ace00$73ce87d4@aki> MIME-Version: 1.0 Content-Type: text/plain; charset="iso-8859-1" X-Priority: 3 (Normal) X-MSMail-Priority: Normal As a matter of record, it should be noted that about half the powers referred to in the cluebot posting as being part of a "U.K. law" (appended below) do not apply to mainland UK, but are specific to Northern Ireland. (This isn't in any way a defence of the Terrorism Act, just a statement f fact) http://www.legislation.hmso.gov.uk/acts/acts2000/00011--i.htm#130 "130. - ... (3) The following shall extend to Northern Ireland only- (b) Part VII..." (Sections 65-113) (you can re-post to Politech) -- Caspar Bowden www.fipr.org Director, Foundation for Information Policy Research Tel: +44(0)20 7354 2333 > EXCERPTS FROM TERRORISM ACT: .... > Arrest of suspected terrorists power of entry. 81. A constable may > enter and search any premises if he reasonably suspects that a > terrorist, within the meaning of section 40(1)(b), is to be found > there. .. > 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. ... > Possession onus of proof. 77. - (1) This section applies to a trial > on indictment for a scheduled offence where the accused is charged > with possessing an article in such circumstances as to constitute an > offence under any of the enactments listed in subsection (3). > (2) If it is proved that the article- > (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 (and, if relevant, > knowingly possessed) the article, unless he proves that he did not > know of its presence on the premises or that he had no control > over it. > > Explosives inspectors. 85. - (1) An explosives inspector may enter > and search any premises for the purpose of ascertaining whether any > explosive is unlawfully there. (2) The power under subsection (1) may > not be exercised in relation to a dwelling. > > Power of entry. 90. - (1) An officer may enter any premises if he > considers it necessary in the course of operations for the > preservation of the peace or the maintenance of order. > > Power to stop and question. 89. - (1) An officer may stop a person > for so long as is necessary to question him to ascertain- > (a) his identity and movements; > (b) what he knows about a recent explosion or another recent > incident endangering life; > (c) what he knows about a person killed or injured in a recent > explosion or incident. > (2) A person commits an offence if he- > (a) fails to stop when required to do so under this section, > (b) refuses to answer a question addressed to him under this section, or > (c) fails to answer to the best of his knowledge and ability a > question addressed to him under this section. > (3) A person guilty of an offence under this section shall be liable > on summary conviction to a fine not exceeding level 5 on the standard > scale. > (4) In this section "officer" means- > (a) a member of Her Majesty's forces on duty, or > (b) a constable. ------------------------------------------------------------------------- POLITECH -- Declan McCullagh's politics and technology mailing list You may redistribute this message freely if you include this notice. To subscribe, visit http://www.politechbot.com/info/subscribe.html This message is archived at http://www.politechbot.com/ -------------------------------------------------------------------------
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