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PUBLIC ORDER (AMENDMENT) ACT (NORTHERN IRELAND) 1970

PUBLIC ORDER (AMENDMENT) ACT (NORTHERN IRELAND) 1970 - LONG TITLE

An Act to make further provision for the maintenance of public
order and the prevention of disturbance of lawful public processions
and public meetings; to prohibit the wearing of uniforms in
connection with political objects and the maintenance by private
persons of associations of a military or similar character; to
prohibit the carrying of offensive weapons in public places without
lawful authority or reasonable excuse; and for purposes connected
with those matters.
[5th February 1970]
Amendment of s.1 of the Act of 1951.

PUBLIC ORDER (AMENDMENT) ACT (NORTHERN IRELAND) 1970 - SECT 1

1.(1) It shall be an offence under section 1 of the Public Order
Act (Northern Ireland) 1951 (in this Act referred to as "the Act
of 1951") for any person knowingly to take part in a public
procession in respect of which notice required by that section has
not been given or which is organised or conducted otherwise than in
accordance with such a notice and, accordingly, ... residue amends
s.1 of 1951 c.19 (NI)

Subs.(2) (rep. in pt. by SLR 1980), residue amends s.1 of 1951
c.19 (NI); subs.(3) amends s.1 of 1951 c.19 (NI)

PUBLIC ORDER (AMENDMENT) ACT (NORTHERN IRELAND) 1970 - SECT 2
Amendment of s.2 of the Act of 1951.

2.Subs.(1) amends s.2 of 1951 c.19 (NI); subs.(2) rep. by SLR 1980

(3) A recital in any order made by the Minister of Home Affairs
under section 2(2) of the Act of 1951 as to his opinion and the
information upon which that opinion was formed shall be conclusive
evidence of the matters stated therein.

Subs.(4) adds s.2(4) to 1951 c.19 (NI)

Wearing of uniform.

PUBLIC ORDER (AMENDMENT) ACT (NORTHERN IRELAND) 1970 - SECT 6

6.(1) Subject as hereinafter provided, any person who in any public
place or any public meeting place or in any public meeting wears
uniform signifying his association with any political organisation or
with the promotion of any political object, shall be guilty of an
offence:

Provided that, if the Inspector General is satisfied that the
wearing of any such uniform as aforesaid on any ceremonial
anniversary, or other special occasion, will not be likely to
involve risk of public disorder, he may, with the consent of the
Minister of Home Affairs, by order permit the wearing of such
uniform on that occasion either absolutely or subject to such
conditions as may be specified in the order.

(2) Where any person is charged before any court with an offence
under this section, no further proceedings in respect thereof shall
be taken against him without the consent of the Attorney-General,
[except such as are authorised by section 12 of the Criminal
Justice Act 1975], so, however, that if the person is remanded in
custody he shall after the expiration of a period of eight days
from the date on which he was so remanded, be entitled to be
discharged from custody on entering into a recognisance without
sureties, unless within that period the Attorney-General has consented
to such further proceedings as aforesaid.

(3) Any person guilty of an offence under this section shall be
liable on summary conviction to imprisonment for a term not
exceeding one month or to a fine not exceeding fifty pounds, or to
both such imprisonment and such fine.

PUBLIC ORDER (AMENDMENT) ACT (NORTHERN IRELAND) 1970 - SECT 7
Prohibition of quasi-military organisations.

7.(1) If the members or adherents of any association of persons,
whether incorporated or not, are

(a)organised or trained or equipped for the purpose of enabling them
to be employed in usurping the functions of the Royal Ulster
Constabulary or the [Royal Ulster Constabulary Reserve] or the armed
forces of the Crown; or

(b)organised and trained or organised and equipped either for the
purpose of enabling them to be employed for the use or display of
physical force in promoting any political object, or in such manner
as to arouse reasonable apprehension that they are organised and
either trained or equipped for that purpose;

Provided that in any proceedings against a person charged with the
offence of taking part in the control or management of such an
association as aforesaid it shall be a defence to that charge to
prove that he neither consented to nor connived at the organisation,
training, or equipment of members or adherents of the association in
contravention of the provisions of this section.

(2) No prosecution shall be instituted under this section without
the consent of the Attorney-General.

(3) If upon application being made by the Attorney-General it
appears to the High Court that any association is an association of
which members or adherents are organised, trained, or equipped in
contravention of the provisions of this section, the Court may make
such order as appears necessary to prevent any disposition without
the leave of the Court of property held by or for the association
and in accordance with rules of court may direct an inquiry and
report to be made as to any such property as aforesaid and as to
the affairs of the association and make such further orders as
appear to the Court to be just and equitable for the application
of such property in or towards the discharge of the liabilities of
the association lawfully incurred before the date of the application
or since that date with the approval of the Court, in or towards
the repayment of moneys to persons who became subscribers or
contributors to the association in good faith and without knowledge
of any such contravention as aforesaid, and in or towards any costs
incurred in connection with any such inquiry and report as aforesaid
or in winding up or dissolving the association, and may order that
any property which is not directed by the Court to be so applied
as aforesaid shall be forfeited to the Crown.

(4) In any criminal or civil proceedings under this section proof
of things done or of words written, spoken or published (whether or
not in the presence of any party to the proceedings) by any person
taking part in the control or management of an association or in
organising, training or equipping members or adherents of an
association shall be admissible as evidence of the purposes for
which, or the manner in which, members or adherents of the
association (whether those persons or others) were organised, or
trained, or equipped.

(5) If a judge of the High Court is satisfied by information on
oath that there is reasonable ground for suspecting that an offence
under this section has been committed, and that evidence of the
commission thereof is to be found at any premises or place
specified in the information, he may, on an application made by a
member of the Royal Ulster Constabulary of a rank not lower than
that of head constable, grant a search warrant authorising any such
member as aforesaid named in the warrant together with any other
persons named in the warrant and any constables to enter the
premises or place at any time within one month from the date of
the warrant, if necessary by force, and to search the premises or
place and every person found therein, and to seize anything found
on the premises or place or on any such person which a constable
has reasonable ground for suspecting to be evidence of the
commission of such an offence as aforesaid:

Provided that no woman shall, in pursuance of a warrant issued
under this subsection, be searched except by a woman.

(6) Nothing in this section shall be construed as prohibiting the
employment by the organisers of any lawful public procession or
lawful public meeting of a reasonable number of persons as stewards
to assist in the preservation of order at that procession or
meeting, or the making of arrangements for that purpose or the
instruction of the persons to be so employed in their lawful duties
as such stewards, or their being furnished with badges or other
distinguishing signs.

(7) Any person who incites, or procures, or endeavours to persuade
others to commit, an offence under this section shall be guilty of
an offence under this section.

(8) Any person who commits an offence under this section by reason
only of his being a member or adherent of an association shall be
liable on summary conviction to imprisonment for a term not
exceeding three months or to a fine not exceeding one hundred
pounds or to both such imprisonment and such fine.

(9) Any person who commits an offence under this section other than
an offence to which subsection (8) applies shall be liable

(a)on summary conviction to imprisonment for a term not exceeding
six months or to a fine not exceeding five hundred pounds or to
both such imprisonment and such fine; or

(b)on conviction on indictment to imprisonment for a term not
exceeding five years or to a fine not exceeding one thousand pounds
or to both such imprisonment and such fine.

PUBLIC ORDER (AMENDMENT) ACT (NORTHERN IRELAND) 1970 - SECT 8
Prohibition of the carrying of offensive weapons without lawful
authority or reasonable excuse.

8.(1) Any person who without lawful authority or reasonable excuse,
the proof whereof shall lie on him, has with him in any public
place any offensive weapon shall be guilty of an offence and shall
be liable

(a)on summary conviction, to imprisonment for a term not exceeding
six months or to a fine not exceeding two hundred pounds or to
both such imprisonment and such fine; or

(b)on conviction on indictment, to imprisonment for a term not
exceeding two years or to a fine not exceeding five hundred pounds
or to both such imprisonment and such fine.

(2) Where any person is convicted of an offence under subsection
(1), the court may make an order for the forfeiture or disposal of
any weapon in respect of which the offence was committed.

(3) A constable may arrest without warrant any person whom he has
reasonable cause to believe to be committing an offence under
subsection (1), if the constable is not satisfied as to that
person's identity or place of residence, or has reasonable cause to
believe that it is necessary to arrest him in order to prevent the
commission by him of any other offence in the course of committing
which an offensive weapon might be used.

(4) In this section "offensive weapon" means any article made or
adapted for use for causing injury to the person, or intended by
the person having it with him for such use by him; and "public
place" has the same meaning as in the Act of 1951.

PUBLIC ORDER (AMENDMENT) ACT (NORTHERN IRELAND) 1970 - SECT 9
Citation.

9.(1) This Act may be cited as the Public Order (Amendment) Act
(Northern Ireland) 1970.

(2) This Act and the Public Order Act (Northern Ireland) 1951 may
be cited together as the Public Order Acts (Northern Ireland) 1951
and 1970.