Suppression of Terrorism Act 1978 (Jersey) Order 1978
Jersey Order in Council 9/1979
SUPPRESSION OF TERRORISM ACT 1978 (JERSEY)
ORDER 1978.
____________
(Registered on the 23rd day of March, 1979).
____________
At the Court at Buckingham
Palace.
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24th
October, 1978.
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PRESENT
The Queen’s Most Excellent Majesty in Council.
____________
HER MAJESTY, in exercise of the powers
conferred upon Her by section 7(2) of the Suppression of Terrorism
Act 1978 is pleased, by and with the advice of Her Privy Council,
to order, and it is hereby ordered, as follows: -
1. This
Order may be cited as the Suppression of Terrorism Act 1978 (Jersey) Order 1978
and shall come into operation on 25th October 1978.
2.-(1) In this Order “Jersey”
means the Bailiwick of Jersey and the territorial waters adjacent thereto.
(2) The Interpretation Act 1889
shall apply for the interpretation of this Order as it applies for the
interpretation of an Act of Parliament.
3. The
Suppression of
Terrorism Act 1978 in its application to Jersey shall have effect
subject to the exceptions, adaptations and modifications specified in the
Schedule to this Order.
N.E. LEIGH,
Clerk of the Privy Council.
SCHEDULE
(Article 3)
EXCEPTIONS TO AND ADAPTATIONS AND MODIFICATIONS OF THE SUPPRESSION
OF TERRORISM ACT 1978 AS IT HAS EFFECT IN JERSEY
1. In
section 1(1) –
(a) for the words “any part of
the United Kingdom”
and the words “the United
Kingdom” where they secondly appear
there shall be substituted the word “Jersey”;
(b) after the word
“constitute” there shall be inserted the words “in Jersey an
offence equivalent to”.
2. In
section 4 for any reference to the United Kingdom (except in the expression
“United Kingdom and Colonies”) or to any part of the United Kingdom
there shall be substituted a reference to Jersey.
3. In
section 4(1) for paragraphs (a)
and (b) there shall be substituted
the following provisions –
“(a) murder, manslaughter,
kidnapping, false imprisonment, stealing a child, receiving a stolen child or
an offence contrary to –
(i) Article 2 or 3 of the “Loi (1884) sur les matières
explosives”;
(ii) Article 24
or 25 of the Firearms
(Jersey) Law 1956; or
(b) an offence of
attempting to commit or of aiding and abetting the commission of any of the
above offences,”.
4. In
section 4(2) for paragraphs (a)
and (b) there shall be substituted
the following provisions: -
“(a) rape or grave and criminal
assault; or
(b) an offence of
attempting to commit or of aiding and abetting the commission of either of the
above offences,”.
5. In
section 4(3) for the words “an offence mentioned in paragraph 1; 2 or 13
of Schedule 1 to this Act” there shall be substituted the following
provision –
“murder or manslaughter or an offence under Articles 2
or 3 of the “Loi (1884) sur les matières explosives” or of
aiding or abetting any of those offences”.
6. In
section 4(4) for the words after “instituted” there shall be
substituted the words “in Jersey except by or with the consent of the
Attorney General of Jersey”.
7. Section
4(5) shall be omitted.
8. Section
6 shall be omitted.
9. In
section 7 subsections (3) and (4) and, in subsection (5), the reference to
subsection (3) shall be omitted.
10. In
section 8 subsections (3), (5) and (6) and, in subsection (4), paragraph (a) shall be omitted.
SUPPRESSION OF TERRORISM ACT 1978.
CHAPTER 26.
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ARRANGEMENT
OF SECTIONS
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Section
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1.
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Cases in which certain offences are not to be regarded as of a
political character.
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2.
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Restrictions on return of criminal under Extradition Act 1870, or
to Republic of Ireland, in certain cases.
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3.
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Extraditable
offences.
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4.
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Jurisdiction in respect of offences committed outside [Jersey].
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5.
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Power to apply provisions of Act to non-convention countries.
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* * * * * *
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7.
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Extension to Channel Islands, Isle of Man and other countries.
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8.
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Provisions as to
interpretation and orders.
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9.
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Short title,
repeals and commencement.
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Schedules:
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1.
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List of offences.
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2.
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Repeals.
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ELIZABETH II
1978 CHAPTER 26.
AN ACT to
give effect to the European Convention on the Suppression of Terrorism; to
amend the law relating to the extradition of criminals and the obtaining of
evidence for criminal proceedings outside the United Kingdom; to confer
jurisdiction in respect of certain offences committed outside the United
Kingdom; and for connected purposes.
[30th June
1978]
BE IT ENACTED by the
Queen’s most Excellent Majesty, by and with the advice and consent of the
Lords Spiritual and Temporal, and Commons, in this present Parliament
assembled, and by the authority of the same, as follows: -
CASES IN WHICH CERTAIN OFFENCES ARE NOT TO BE REGARDED AS OF A
POLITICAL CHARACTER
1.-(1) This section applies to any offence of
which a person is accused or has been convicted outside the United Kingdom if
the act constituting the offence, or the equivalent act, would, if it took
place in [Jersey] or, in the case of an extra-territorial offence, in
corresponding circumstances outside [Jersey], constitute [in Jersey an offence
equivalent to] one of the offences listed in Schedule 1 to this Act.
(2) For the
purposes mentioned in subsection (3) below –
(a) no offence to which this section
applies shall be regarded as an offence of a political character; and
(b) no proceedings in respect of an
offence to which this section applies shall be regarded as a criminal matter of
a political character or as criminal proceedings of a political character.
(3) Those purposes
are –
(a) the purposes of the Extradition Act 1870
in relation to any requisition for the surrender of a fugitive criminal made on
behalf of a convention country after the coming into force of this paragraph;
(b) the purposes of the Fugitive Offenders Act
1967 in relation to any request for the return of a person under
that Act made on behalf of a convention country after the coming into force of
this paragraph;
(c) the purposes of the Backing of Warrants
(Republic of Ireland) Act 1965 in relation to any warrant issued
in the Republic of Ireland to which this paragraph applies by virtue of an
order under subsection (4) below; and
(d) the purposes of section 5 of the Extradition Act 1873
(evidence for foreign criminal matters) and section 5 of the Evidence
(Proceedings in Other Jurisdictions) Act 1975 (evidence for criminal
proceedings outside the United Kingdom) in relation to –
(i) any
criminal proceedings instituted in a convention country (not being the Republic
of Ireland) after the coming into force of this sub-paragraph; and
(ii) any criminal
proceedings in the Republic of Ireland to which this sub-paragraph applies by
virtue of an order under subsection (4) below.
(4) The Secretary
of State may by order direct that subsection (3)(c) above shall apply to warrants of the kind mentioned in section
1(1)(a) of the said Act of 1965
issued while the order is in force, and that subsection (3)(d)(ii) above shall apply to criminal proceedings instituted in the
Republic of Ireland while the order is in force.
(5) On the
revocation of an order made under subsection (4) above –
(a) subsection (3)(c) above shall cease to apply to any warrant issued while the
order was in force; and
(b) subsection (3)(d)(ii) above shall cease to apply to any criminal proceedings
instituted while the order was in force,
but without prejudice to the validity of anything done while the
order was in force.
RESTRICTIONS ON RETURN OF CRIMINAL UNDER EXTRADITION ACT 1870, OR
TO REPUBLIC OF IRELAND, IN CERTAIN CASES
2.-(1) In relation to any requisition for the
surrender of a fugitive criminal made as mentioned in section 1(3)(a) above in respect of an offence to
which section 1 above applies, the Extradition Act 1870 shall have effect as if at the
end of paragraph (1) of section 3 (which prohibits the surrender of a
criminal if he proves as there mentioned that the requisition for his surrender
has in fact been made with a view to try or punish him for an offence of a
political character) there were added the words “or with a view to try or
punish him on account of his race, religion, nationality, or political
opinions, or that he might, if surrendered, be prejudiced at his trial or
punished, detained or restricted in his personal liberty by reason of his race,
religion, nationality or political opinions:”.
(2) In relation to
any warrant issued in the Republic of Ireland which specifies an offence to
which section 1 above applies, being a warrant to which paragraph (c) of subsection (3) of that section
applies as mentioned in that paragraph, the Backing of Warrants
(Republic of Ireland) Act 1965 shall have effect as if at the end
of section 2(2), as amended by the Criminal Jurisdiction Act 1975, (cases where warrant
from Republic of Ireland is not to be executed) there were added the following
words –
“or
(e) that there are
substantial grounds for believing –
(i) that
the warrant was in fact issued in order to secure the return of the person
named or described in it to the Republic for the purpose of prosecuting or
punishing him on account of his race, religion, nationality or political
opinions; or
(ii) that
he would, if returned there, be prejudiced at his trial or punished, detained
or restricted in his personal liberty by reason of his race, religion,
nationality or political opinions.”.
EXTRADITABLE OFFENCES
3.-(1) There shall be deemed to be included in
the list of extradition crimes contained in Schedule 1 to the Extradition Act 1870
–
(a) any offence under the Explosive Substances Act
1883;
(b) any indictable offence under the Firearms Act 1968;
and
(c) any attempt to commit any of the
crimes in that list (including crimes added to it after the passing of this
Act).
(2) There shall be
deemed to be included among the descriptions of offences set out in Schedule 1
to the Fugitive
Offenders Act 1967 –
(a) any indictable offence under the
Offences against the Person Act 1861;
(b) any offence under the Explosive Substances Act
1883; and
(c) any indictable offence under the Firearms Act 1968.
JURISDICTION IN RESPECT OF OFFENCES COMMITTED OUTSIDE [JERSEY]
4.-(1) If a person, whether a citizen of the
United Kingdom and Colonies or not, does in a convention country any act which,
if he had done it in [Jersey] would have made him guilty in [Jersey] of –
[(a) murder, manslaughter, kidnapping, false
imprisonment, stealing a child, receiving a stolen child or an offence contrary
to –
(i) Article 2 or 3 of the Loi (1884) sur les matières explosives;
(ii) Article 24
or 25 of the Firearms
(Jersey) Law, 1956; or
(b) an offence of attempting to commit
or of aiding and abetting the commission of any of the above offences,]
he shall, in [Jersey], be guilty of the offence or offences
aforesaid of which the act would have made him guilty if he had done it there.
(2) If a person,
whether a citizen of the United Kingdom and Colonies or not, does in a
convention country any act to or in relation to a protected person which, if he
had done it in [Jersey], would have made him guilty in [Jersey] of –
[(a) rape or grave and criminal assault; or
(b) an offence of attempting to commit
or of aiding and abetting the commission of either of the above offences,]
he shall, in [Jersey], be guilty of the offence or offences
aforesaid of which the act would have made him guilty if he had done it there.
For the purposes of this subsection it is immaterial whether a
person knows that another person is a protected person.
(3) If a person
who is a national of a convention country but not a citizen of the United
Kingdom and Colonies does outside [Jersey] and that convention country any act
which makes him in that convention country guilty of an offence and which, if
he had been a citizen of the United Kingdom and Colonies, would have made him
in [Jersey] guilty of [murder or manslaughter or an offence under Article 2
or 3 of the Loi (1884) sur les matières explosives
or of aiding or abetting any of those offences] he shall, in [Jersey], be
guilty of the offence or offences aforesaid of which the act would have made
him guilty if he had been such a citizen.
(4) Proceedings
for an offence which would not be an offence apart from this section shall not
be instituted [in Jersey except by or with the consent of the Attorney General
of Jersey.]
* * * * * *
(6) In this
section “a protected person” means, in relation to any such act as
is mentioned in subsection (2) above, any of the following, namely –
(a) a person who at the time of the act
is a Head of State, a member of a body which performs the functions of Head of
State under the constitution of the State, a Head of Government or a Minister
for Foreign Affairs and is outside the territory of the State in which he holds
office;
(b) a person who at the time of the act
is a representative or an official of a State or an official or agent of an
international organisation of an inter-governmental
character, is entitled under international law to special protection from
attack on his person, freedom or dignity and does not fall within the preceding
paragraph;
(c) a person who at the time of the act
is a member of the family of another person mentioned in either of the
preceding paragraphs and –
(i) if
the other person is mentioned in paragraph (a) above, is accompanying him, or
(ii) if the other
person is mentioned in paragraph (b)
above, is a member of his household;
and if in any proceedings a question arises as to whether a person
is or was a protected person, a certificate issued by or under the authority of
the Secretary of State and stating any fact relating to the question shall be
conclusive evidence of that fact.
(7) For the
purposes of this section any act done –
(a) on board a ship registered in a convention
country, being an act which, if the ship had been registered in [Jersey], would
have constituted an offence within the jurisdiction of the Admiralty; or
(b) on board an aircraft registered in
a convention country while the aircraft is in flight elsewhere than in or over
that country; or
(c) on board a hovercraft registered in
a convention country while the hovercraft is in journey elsewhere than in or
over that country,
shall be treated as done in that convention country; and section
7(2) of the Tokyo
Convention Act 1967 (meaning
of “in flight” or, as applied to hovercraft, “in
journey”) shall apply for the purposes of this subsection as it applies
for the purposes of section 1 of that Act.
POWER TO APPLY PROVISIONS OF ACT TO NON-CONVENTION COUNTRIES
5.-(1) In the case of any country which, not
being a convention country, is either –
(a) a designated Commonwealth country
within the meaning of the Fugitive Offenders Act 1967; or
(b) a foreign state with which there is
in force an arrangement of the kind described in section 2 of the Extradition Act 1870
with respect to the surrender to that state of fugitive criminals; or
(c) a United Kingdom dependency within
the meaning of the Fugitive
Offenders Act 1967,
the Secretary of State may by order direct –
(i) in
the case of a country within paragraph (a)
or (b) above, that all or any of the
provisions of this Act which would, apart from this section, apply only in
relation to convention countries shall apply in relation to that country
(subject to such exceptions, if any, as may be specified in the order) as they
apply in relation to a convention country; or
(ii) in the case
of a country within paragraph (c)
above, that the provisions of section 4 above shall so apply in relation to
that country;
and while such an order is in force in the case of any country, the
provisions in question shall apply in relation to it accordingly.
(2) The Secretary
of State may, at any time when the Republic of Ireland is not a convention
country, by order direct that section 4 above shall apply in relation to the
Republic as if it were a convention country; and while such an order is in
force, that section shall apply in relation to the Republic accordingly.
(3) An order under
subsection (2) above shall, unless previously revoked, cease to have effect if
the Republic of Ireland subsequently becomes a convention country.
* * * * * *
EXTENSION TO CHANNEL ISLANDS, ISLE OF MAN AND OTHER COUNTRIES
7.-(1) Subject to subsection (2) below, this
Act shall extend to the Channel Islands and the Isle of Man, and shall have
effect as if each of them were part of the United Kingdom.
(2) Her Majesty
may by Order in Council direct that this Act shall, in its application to any
of the said islands, have effect subject to such exceptions, adaptations or
modifications as may be specified in the Order.
* * * * * *
(5) An Order in
Council under subsection (2) * * * above may be varied or revoked by a
subsequent Order in Council under that subsection.
PROVISIONS AS TO INTERPRETATION AND ORDERS
8.-(1) In this Act –
“act” includes omission;
“convention country” means a country for the time being
designated in an order made by the Secretary of State as a party to the
European Convention on the Suppression of Terrorism signed at Strasbourg on the
27th January 1977;
“country” includes any territory;
“enactment” includes an enactment of the Parliament of
Northern Ireland, a Measure of the Northern Ireland Assembly, and an Order in
Council under the Northern
Ireland (Temporary Provisions) Act 1972 or the Northern Ireland Act 1974.
(2) Except so far
as the context otherwise requires, any reference in this Act to an enactment is
a reference to it as amended by or under any other enactment, including this
Act.
* * * * * *
(4) Any power to
make an order conferred on the Secretary of State by any provision of this Act
–
* * * * *
(b) shall include power to revoke or
vary a previous order made under that provision.
* * * * * *
SHORT TITLE, REPEALS AND COMMENCEMENT
9.-(1) This Act may be cited as the Suppression of Terrorism
Act 1978.
(2) The enactments
specified in Schedule 2 to this Act (which contains provisions superseded
by section 3 above) are hereby repealed to the extent specified in the third
column of that Schedule.
(3) This Act shall
come into force on such day as the Secretary of State may by order appoint, and
different days may be so appointed for different purposes.
SCHEDULES
SCHEDULE 1
(Sections 1 and 4)
LIST OF OFFENCES
Common law offences
1. Murder.
2. Manslaughter
or culpable homicide.
3. Rape.
4. Kidnapping,
abduction or plagium.
5. False
imprisonment.
6. Assault
occasioning actual bodily harm or causing injury.
7. Wilful fire-raising.
Offences against the person
8. An
offence under any of the following provisions of the Offences against the Person Act 1861
–
(a) section 18 (wounding with intent to
cause grievous bodily harm);
(b) section 20 (causing grievous bodily
harm);
(c) section 21 (attempting to choke
etc. in order to commit or assist in the committing of any indictable offence);
(d) section 22 (using chloroform etc. to commit or
assist in the committing of any indictable offence);
(e) section 23 (maliciously
administering poison etc. so as to endanger life or inflict grievous bodily
harm);
(f) section 24 (maliciously
administering poison etc. with intent to injure etc.);
(g) section 48 (rape).
9. An
offence under section 1 of the Sexual Offences Act 1956 (rape).
Abduction
10. An
offence under any of the following provisions of the Offences against the Person Act 1861
–
(a) section 55 (abduction of unmarried
girl under 16);
(b) section 56 (child-stealing or
receiving stolen child).
11. An
offence under section 20 of the Sexual Offences Act 1956 (abduction of unmarried girl
under 16).
Explosives
12. An
offence under any of the following provisions of the Offences against the Person Act 1861
–
(a) section 28 (causing bodily injury
by gunpowder);
(b) section 29 (causing gunpowder to
explode etc. with intent to do grievous bodily harm);
(c) section 30 (placing gunpowder near
a building etc. with intent to cause bodily injury).
13. An
offence under any of the following provisions of the Explosive Substances Act
1883 –
(a) section 2 (causing explosion likely
to endanger life or property);
(b) section 3 (doing any act with
intent to cause such an explosion, conspiring to cause such an explosion, or
making or possessing explosive with intent to endanger life or property).
Firearms
14. The
following offences under the Firearms Act 1968 –
(a) an offence under section 16
(possession of firearm with intent to injure);
(b) an offence under subsection (1) of
section 17 (use of firearm or imitation firearm to resist arrest) involving the
use or attempted use of a firearm within the meaning of that section.
15. The
following offences under the Firearms Act (Northern Ireland) 1969 –
(a) an offence under section 14
consisting of a person’s having in his possession any firearm or
ammunition (within the meaning of that section) with intent by means thereof to
endanger life, or to enable another person by means thereof to endanger life;
(b) an offence under subsection (1) of
section 15 (use of firearm or imitation firearm to resist arrest) involving the
use or attempted use of a firearm within the meaning of that section.
Offences against property
16. An
offence under section 1(2) of the Criminal Damage Act 1971 (destroying or damaging
property intending to endanger life or being reckless as to danger to life).
17. An
offence under Article 3(2) of the Criminal Damage (Northern
Ireland) Order 1977 (destroying or damaging property intending to
endanger life or being reckless as to danger to life).
Offences in relation to aircraft
18. An
offence under the Hijacking
Act 1971.
19. An
offence under Part 1 of the Protection of Aircraft Act 1973.
Attempts
20. An
offence of attempting to commit any offence mentioned in a preceding paragraph
of this Schedule.
SCHEDULE 2
(Section 9)
REPEALS
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Chapter
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Short
Title
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Extent
of Repeal
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33 & 34 Vict. c.52.
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Extradition Act 1870
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In Schedule 1 –
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(a)
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in the entry begin-ning
“Murder”, the words “and attempt”;
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(b)
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in
the entry begin-ning “Sinking or destroying a
vessel”, the words “or attempting”.
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36 & 37 Vict. c.60.
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Extradition Act 1873.
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In the Schedule, in the entry relating to the Sexual Offences Act
1956, the words from “and in” onwards.
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22 & 23 Geo. 5. c.39.
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Extradition Act
1932.
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In section 1, the words “and attempts to commit such
offences”.
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25 & 26 Geo. 5. c.25.
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Counterfeit Currency (Convention) Act 1935.
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Section 4.
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4 & 5 Eliz. 2. c.69.
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Sexual Offences
Act 1956.
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In Schedule 3, in the amendment of the Extradition Act 1873, the
words from “and in” onwards.
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1969 c.12.
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Genocide Act 1969.
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In section 2(1), the words “attempt or”.
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1971 c.70.
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Hijacking Act
1971.
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In section 3(1), the words from “and (so far” onwards.
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1973 c.47.
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Protection of Aircraft Act 1973.
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In section 5(1), the words from “and (so far” onwards.
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Suppression of Terrorism Act 1978.
____________
SUPPRESSION OF TERRORISM ACT 1978 (COMMENCEMENT) ORDER
1978.
____________
(Registered on the 23rd day of March, 1979).
____________
In exercise of the powers conferred upon me by section 9(3) of the Suppression of Terrorism
Act 1978, I hereby make the following Order: -
1. This
Order may be cited as the Suppression of Terrorism Act 1978 (Commencement) Order
1978.
2. The
Suppression of
Terrorism Act 1978 shall come into force on 21st August 1978.
MERLYN REES,
One of Her Majesty’s Principal.
Secretaries of State.
Home Office,
25th July 1978.