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Human Rights Act 2001
14
Section 1(3)
SCHEDULE 1
THE ARTICLES
PART I
THE CONVENTION
Article 2
Right to life
1. Everyone's right to life shall be protected by law. No one shall be deprived of his life intentionally save in the execution of a sentence
of a court following his conviction of a crime for which this penalty is provided by law.
2. Deprivation of life shall not be regarded as inflicted in contravention of this Article when it results from the use of force which is no
more than absolutely necessary:
(a) in defence of any person from unlawful violence;
(b) in order to effect a lawful arrest or to prevent the escape of a person lawfully detained;
(c) in action lawfully taken for the purpose of quelling a riot or insurrection.
Article 3
Prohibition of torture
No one shall be subjected to torture or to inhuman or degrading treatment or punishment.
Article 4
Prohibition of slavery and forced labour
1. No one shall be held in slavery or servitude.
2. No one shall be required to perform forced or compulsory labour.
3. For the purpose of this Article the term "forced or compulsory labour" shall not include:—
(a) any work required to be done in the ordinary course of detention imposed according to the provisions of Article 5 of this
Convention or during conditional release from such detention;
(b) any service of a military character or, in case of conscientious objectors in countries where they are recognised, service exacted
instead of compulsory military service;
(c) any service exacted in case of an emergency or calamity threatening the life or wellbeing of the community;
(d) any work or service which forms part of normal civic obligations.
Article 5
Right to liberty and security
1. Everyone has the right to liberty and security of person. No one shall be deprived of his liberty save in the following cases and in
accordance with a procedure prescribed by law:
(a) the lawful detention of a person after conviction by a competent court;
(b) the lawful arrest or detention of a person for non-compliance with the lawful order of a court or in order to secure the fulfilment
of any obligation prescribed by law;
(c) the lawful arrest or detention of a person effected for the purpose of bringing him before the competent legal authority on
reasonable suspicion of having committed an offence or when it is reasonably considered necessary to prevent his committing an
offence or fleeing after having done so;
(d) the detention of a minor by lawful order for the purpose of educational supervision or his lawful detention for the purpose of
bringing him before the competent legal authority;
(e) the lawful detention of persons for the prevention of the spreading of infectious diseases, of persons of unsound mind, alcoholics
or drug addicts or vagrants;
(f) the lawful arrest or detention of a person to prevent his effecting an unauthorised entry into the country or of a person against
whom action is being taken with a view to deportation or extradition.
2. Everyone who is arrested shall be informed promptly, in a language which he understands, of the reasons for his arrest and of any
charge against him.
3. Everyone arrested or detained in accordance with the provisions of paragraph 1(c) of this Article shall be brought promptly before a
judge or other officer authorised by law to exercise judicial power and shall be entitled to trial within a reasonable time or to release
pending trial. Release may be conditioned by guarantees to appear for trial.
4. Everyone who is deprived of his liberty by arrest or detention shall be entitled to take proceedings by which the lawfulness of his
detention shall be decided speedily by a court and his release ordered if the detention is not lawful.
5. Everyone who has been the victim of arrest or detention in contravention of the provisions of this Article shall have an enforceable
right to compensation.
Article 6
Right to a fair trial
1. In the determination of his civil rights and obligations or of any criminal charge against him, everyone is entitled to a fair and public
hearing within a reasonable time by an independent and impartial tribunal established by law. Judgment shall be pronounced publicly
but the press and public may be excluded from all or part of the trial in the interest of morals, public order or national security in a
democratic society, where the interests of juveniles or the protection of the private life of the parties so require, or to the extent strictly
necessary in the opinion of the court in special circumstances where publicity would prejudice the interests of justice.
2. Everyone charged with a criminal offence shall be presumed innocent until proved guilty according to law.
3. Everyone charged with a criminal offence has the following minimum rights:
(a) to be informed promptly, in a language which he understands and in detail, of the nature and cause of the accusation against him;
(b) to have adequate time and facilities for the preparation of his defence;
(c) to defend himself in person or through legal assistance of his own choosing or, if he has not sufficient means to pay for legal
assistance, to be given it free when the interests of justice so require;
(d) to examine or have examined witnesses against him and to obtain the attendance and examination of witnesses on his behalf under
the same conditions as witnesses against him;
(e) to have the free assistance of an interpreter if he cannot understand or speak the language used in court.
Article 7
No punishment without law
1. No one shall be held guilty of any criminal offence on account of any act or omission which did not constitute a criminal offence
under national or international law at the time when it was committed. Nor shall a heavier penalty be imposed than the one that was
applicable at the time the criminal offence was committed.
2. This Article shall not prejudice the trial and punishment of any person for any act or omission which, at the time when it was
committed, was criminal according to the general principles of law recognised by civilised nations.
Article 8
Right to respect for private and family life
1. Everyone has the right to respect for his private and family life, his home and his correspondence.
2. There shall be no interference by a public authority with the exercise of this right except such as is in accordance with the law and
is necessary in a democratic society in the interests of national security, public safety or the economic well-being of the country, for
the prevention of disorder or crime, for the protection of health or morals, or for the protection of
the rights and freedoms of others.
Article 9
Freedom of thought, conscience and religion
1. Everyone has the right to freedom of thought, conscience and religion; this right includes freedom to change his religion or belief
and freedom, either alone or in community with others and in public or private, to manifest his religion or belief, in worship, teaching,
practice and observance.
2. Freedom to manifest one's religion or beliefs shall be subject only to such limitations as are prescribed by law and are necessary in a
democratic society in the interests of public safety, for the protection of public order, health or morals, or for the protection of the
rights and freedoms of others.
Article 10
Freedom of expression
1. Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart
information and ideas without interference by public authority and regardless of frontiers. This Article shall not prevent States from
requiring the licensing of broadcasting, television or cinema enterprises.
2. The exercise of these freedoms, since it carries with it duties and responsibilities, may be subject to such formalities, conditions,
restrictions or penalties as are prescribed by law and are necessary in a democratic society, in the interests of national security,
territorial integrity or public safety, for the prevention of disorder or crime, for the protection of health or morals, for the protection of
the reputation or rights of others, for preventing the disclosure of information received in confidence, or for maintaining the authority
and impartiality of the judiciary.
Article 11
Freedom of assembly and association
1. Everyone has the right to freedom of peaceful assembly and to freedom of association with others, including the right to form and
to join trade unions for the protection of his interests.
2. No restrictions shall be placed on the exercise of these rights other than such as are prescribed by law and are necessary in a
democratic society in the interests of national security or public safety, for the prevention of disorder or crime, for the protection of
health or morals or for the protection of the rights and freedoms of others. This Article shall not prevent the imposition of lawful
restrictions on the exercise of these rights by members of the armed forces, of the police or of the administration of the State.
Article 12
Right to marry
Men and women of marriageable age have the right to marry and to found a family, according to the national laws governing the
exercise of this right.
Article 14
Prohibition of discrimination
The enjoyment of the rights and freedoms set forth in this Convention shall be secured without discrimination on any ground such as
sex, race, colour, language, religion, political or other opinion, national or social origin, association with a national minority, property,
birth or other status.
Article 16
Restrictions on political activity of aliens
Nothing in Articles 10, 11 and 14 shall be regarded as preventing the High Contracting Parties from imposing restrictions on the
political activity of aliens.
Article 17
Prohibition of abuse of rights
Nothing in this Convention may be interpreted as implying for any State, group or person any right to engage in any activity or
perform any act aimed at the destruction of any of the rights and freedoms set forth herein or at their limitation to a greater extent than
is provided for in the Convention.
Article 18
Limitation on use of restrictions on rights
The restrictions permitted under this Convention to the said rights and freedoms shall not be applied for any purpose other than those
for which they have been prescribed.
PART II
THE SIXTH PROTOCOL
Article 1
Abolition of the death penalty
The death penalty shall be abolished. No-one shall be condemned to such penalty or executed.
Article 2
Death penalty in time of war
A State may make provision in its law for the death penalty in respect of acts committed in time of war or of imminent threat of war;
such penalty shall be applied only in the instances laid down in the law and in accordance with its provisions. The State shall
communicate to the Secretary General of the Council of Europe the relevant provisions of that law.
Section 13(1)(a)
SCHEDULE 2
THE 1988 DEROGATION
The 1988 notification
The United Kingdom Permanent Representative to the Council of Europe presents his compliments to the Secretary General of the
Council, and has the honour to convey the following information in order to ensure compliance with the obligations of Her Majesty's
Government in the United Kingdom under Article 15(3) of the Convention for the Protection of Human Rights and Fundamental
Freedoms signed at Rome on 4 November 1950.
There have been in the United Kingdom in recent years campaigns of organised terrorism connected with the affairs of Northern
Ireland which have manifested themselves in activities which have included repeated murder, attempted murder, maiming, intimidation
and violent civil disturbance and in bombing and fire raising which have resulted in death, injury and
widespread destruction of property. As a result, a public emergency within the meaning of Article 15(1) of the Convention exists in the
United Kingdom.
The Government found it necessary in 1974 to introduce and since then, in cases concerning persons reasonably suspected of
involvement in terrorism connected with the affairs of Northern Ireland, or of certain offences under the legislation, who have been
detained for 48 hours, to exercise powers enabling further detention without charge, for periods of up to five days, on the authority of
the Secretary of State. These powers are at present to be found in Section 12 of the Prevention of Terrorism (Temporary Provisions)
Act 1984, Article 9 of the Prevention of Terrorism (Supplemental Temporary Provisions) Order 1984 and Article 10 of the Prevention
of Terrorism (Supplemental Temporary Provisions) (Northern Ireland) Order 1984.
Section 12 of the Prevention of Terrorism (Temporary Provisions) Act 1984 provides for a person whom a constable has arrested on
reasonable grounds of suspecting him to be guilty of an offence under Section 1,9 or 10 of the Act, or to be or to have been involved
in terrorism connected with the affairs of Northern Ireland, to be detained in right of the arrest for up to 48
hours and thereafter, where the Secretary of State extends the detention period, for up to a further five days. Section 12 substantially
re-enacted Section 12 of the Prevention of Terrorism (Temporary Provisions) Act 1976 which, in turn, substantially re-enacted
Section 7 of the Prevention of Terrorism (Temporary Provisions) Act 1974.
Article 10 of the Prevention of Terrorism (Supplemental Temporary Provisions) (Northern Ireland) Order 1984 (SI 1984/417) and
Article 9 of the Prevention of Terrorism (Supplemental Temporary Provisions) Order 1984 (SI 1984/418) were both made under
Sections 13 and 14 of and Schedule 3 to the 1984 Act and substantially re-enacted powers of detention in Orders
made under the 1974 and 1976 Acts. A person who is being examined under Article 4 of either Order on his arrival in, or on seeking to
leave, Northern Ireland or Great Britain for the purpose of determining whether he is or has been involved in terrorism connected with
the affairs of Northern Ireland, or whether there are grounds for suspecting that he has committed an offence under Section 9 of the
1984 Act, may be detained under Article 9 or 10, as appropriate, pending the conclusion of his examination. The period of this
examination may exceed 12 hours if an examining officer has reasonable grounds for suspecting him to be or to have been involved in
acts of terrorism connected with the affairs of Northern Ireland.
Where such a person is detained under the said Article 9 or 10 he may be detained for up to 48 hours on the authority of an examining
officer and thereafter, where the Secretary of State extends the detention period, for up to a further five days.
In its judgment of 29 November 1988 in the Case of Brogan and Others, the European Court of Human Rights held that there had been
a violation of Article 5(3) in respect of each of the applicants, all of whom had been detained under Section 12 of the 1984 Act. The
Court held that even the shortest of the four periods of detention concerned, namely four days and six hours, fell outside the
constraints as to time permitted by the first part of Article 5(3). In addition, the Court held that there had been a violation of Article 5
(5) in the case of each applicant.
Following this judgment, the Secretary of State for the Home Department informed Parliament on 6 December 1988 that, against the
background of the terrorist campaign, and the over-riding need to bring terrorists to justice, the Government did not believe that the
maximum period of detention should be reduced. He informed Parliament that the Government were examining the matter with a view
to responding to the judgment. On 22 December 1988, the Secretary of State further informed Parliament that it remained the
Government's wish, if it could be achieved, to find a judicial process under which extended
detention might be reviewed and where appropriate authorised by a judge or other judicial officer. But a further period of reflection and
consultation was necessary before the Government could bring forward a firm and final view.
Since the judgment of 29 November 1988 as well as previously, the Government have found it necessary to continue to exercise, in
relation to terrorism connected with the affairs of Northern Ireland, the powers described above enabling further detention without
charge for periods of up to 5 days, on the authority of the Secretary of State, to the extent strictly required by the exigencies of the
situation to enable necessary enquiries and investigations properly to be completed in order to decide whether criminal proceedings
should be instituted.
To the extent that the exercise of these powers may be inconsistent with the obligations imposed by the Convention the Government
has availed itself of the right of derogation conferred by Article 15(1) of the Convention and will continue to do so until further notice.
Dated 23 December 1988.
The 1989 notification
The United Kingdom Permanent Representative to the Council of Europe presents his compliments to the Secretary General of the
Council, and has the honour to convey the following information. In his communication to the Secretary General of 23 December
1988, reference was made to the introduction and exercise of certain powers under section 12 of the Prevention of
Terrorism (Temporary Provisions) Act 1984, Article 9 of the Prevention of Terrorism (Supplemental Temporary Provisions) Order
1984 and Article 10 of the Prevention of Terrorism (Supplemental Temporary Provisions) (Northern Ireland) Order 1984. These
provisions have been replaced by section 14 of and paragraph 6 of Schedule 5 to the Prevention of Terrorism (Temporary Provisions)
Act 1989, which make comparable provision. They came into force on 22 March 1989. A copy of these provisions is enclosed. The
United Kingdom Permanent Representative avails himself of this opportunity to renew to
the Secretary General the assurance of his highest consideration.
23 March 1989.
The 1998 notification
On the instructions of my authorities, I have the honour to convey to you the following information.
In his communications from this Delegation to the then Secretary General of 23 December 1988 and 23 March 1989, reference was
made to the introduction and exercise of certain powers under Section 12 of the Prevention of Terrorism (Temporary Provisions) Act
1984, Article 9 of the Prevention of Terrorism (Supplemental Temporary Provisions) Order 1984
and Article 10 of the Prevention of Terrorism (Supplemental Temporary Provisions) (Northern Ireland) Order 1984 and to the
replacement of those provisions by Section 14 of and paragraph 6 of Schedule 5 to the Prevention of Terrorism (Temporary
Provisions) Act 1989. These powers were previously extended by Order in Council to cover the Channel Islands and the Isle of Man.
Following the adoption, by the authorities in Jersey, Guernsey and the Isle of Man of legislation making comparable provision, the
relevant orders in Council have been repealed. A copy of the new legislation for the Isle of Man, Guernsey and Jersey is enclosed. In
respect of the Isle of Man the relevant provisions are Section 12 of and paragraph 6 of Schedule 5 to the Prevention of Terrorism Act
1990 which entered into force on 1 December 1990. In respect of Guernsey the relevant provisions are Section 12 of and paragraph 6
of Schedule 5 to the Prevention of Terrorism (Bailiwick of Guernsey) Law 1990 which entered into force on 1 January 1991. In
respect of Jersey the relevant provisions are Article 13 of and Human Rights Act 2001 paragraph 6 of Schedule 5 to the Prevention of
Terrorism (Jersey) Law 1996 which entered into force on 1 July 1996.
I avail myself of this opportunity to renew to you, Sir, the assurances of my highest
consideration.
12 November 1998.
14
Section 1(3)
SCHEDULE 1
THE ARTICLES
PART I
THE CONVENTION
Article 2
Right to life
1. Everyone's right to life shall be protected by law. No one shall be deprived of his life intentionally save in the execution of a sentence
of a court following his conviction of a crime for which this penalty is provided by law.
2. Deprivation of life shall not be regarded as inflicted in contravention of this Article when it results from the use of force which is no
more than absolutely necessary:
(a) in defence of any person from unlawful violence;
(b) in order to effect a lawful arrest or to prevent the escape of a person lawfully detained;
(c) in action lawfully taken for the purpose of quelling a riot or insurrection.
Article 3
Prohibition of torture
No one shall be subjected to torture or to inhuman or degrading treatment or punishment.
Article 4
Prohibition of slavery and forced labour
1. No one shall be held in slavery or servitude.
2. No one shall be required to perform forced or compulsory labour.
3. For the purpose of this Article the term "forced or compulsory labour" shall not include:—
(a) any work required to be done in the ordinary course of detention imposed according to the provisions of Article 5 of this
Convention or during conditional release from such detention;
(b) any service of a military character or, in case of conscientious objectors in countries where they are recognised, service exacted
instead of compulsory military service;
(c) any service exacted in case of an emergency or calamity threatening the life or wellbeing of the community;
(d) any work or service which forms part of normal civic obligations.
Article 5
Right to liberty and security
1. Everyone has the right to liberty and security of person. No one shall be deprived of his liberty save in the following cases and in
accordance with a procedure prescribed by law:
(a) the lawful detention of a person after conviction by a competent court;
(b) the lawful arrest or detention of a person for non-compliance with the lawful order of a court or in order to secure the fulfilment
of any obligation prescribed by law;
(c) the lawful arrest or detention of a person effected for the purpose of bringing him before the competent legal authority on
reasonable suspicion of having committed an offence or when it is reasonably considered necessary to prevent his committing an
offence or fleeing after having done so;
(d) the detention of a minor by lawful order for the purpose of educational supervision or his lawful detention for the purpose of
bringing him before the competent legal authority;
(e) the lawful detention of persons for the prevention of the spreading of infectious diseases, of persons of unsound mind, alcoholics
or drug addicts or vagrants;
(f) the lawful arrest or detention of a person to prevent his effecting an unauthorised entry into the country or of a person against
whom action is being taken with a view to deportation or extradition.
2. Everyone who is arrested shall be informed promptly, in a language which he understands, of the reasons for his arrest and of any
charge against him.
3. Everyone arrested or detained in accordance with the provisions of paragraph 1(c) of this Article shall be brought promptly before a
judge or other officer authorised by law to exercise judicial power and shall be entitled to trial within a reasonable time or to release
pending trial. Release may be conditioned by guarantees to appear for trial.
4. Everyone who is deprived of his liberty by arrest or detention shall be entitled to take proceedings by which the lawfulness of his
detention shall be decided speedily by a court and his release ordered if the detention is not lawful.
5. Everyone who has been the victim of arrest or detention in contravention of the provisions of this Article shall have an enforceable
right to compensation.
Article 6
Right to a fair trial
1. In the determination of his civil rights and obligations or of any criminal charge against him, everyone is entitled to a fair and public
hearing within a reasonable time by an independent and impartial tribunal established by law. Judgment shall be pronounced publicly
but the press and public may be excluded from all or part of the trial in the interest of morals, public order or national security in a
democratic society, where the interests of juveniles or the protection of the private life of the parties so require, or to the extent strictly
necessary in the opinion of the court in special circumstances where publicity would prejudice the interests of justice.
2. Everyone charged with a criminal offence shall be presumed innocent until proved guilty according to law.
3. Everyone charged with a criminal offence has the following minimum rights:
(a) to be informed promptly, in a language which he understands and in detail, of the nature and cause of the accusation against him;
(b) to have adequate time and facilities for the preparation of his defence;
(c) to defend himself in person or through legal assistance of his own choosing or, if he has not sufficient means to pay for legal
assistance, to be given it free when the interests of justice so require;
(d) to examine or have examined witnesses against him and to obtain the attendance and examination of witnesses on his behalf under
the same conditions as witnesses against him;
(e) to have the free assistance of an interpreter if he cannot understand or speak the language used in court.
Article 7
No punishment without law
1. No one shall be held guilty of any criminal offence on account of any act or omission which did not constitute a criminal offence
under national or international law at the time when it was committed. Nor shall a heavier penalty be imposed than the one that was
applicable at the time the criminal offence was committed.
2. This Article shall not prejudice the trial and punishment of any person for any act or omission which, at the time when it was
committed, was criminal according to the general principles of law recognised by civilised nations.
Article 8
Right to respect for private and family life
1. Everyone has the right to respect for his private and family life, his home and his correspondence.
2. There shall be no interference by a public authority with the exercise of this right except such as is in accordance with the law and
is necessary in a democratic society in the interests of national security, public safety or the economic well-being of the country, for
the prevention of disorder or crime, for the protection of health or morals, or for the protection of
the rights and freedoms of others.
Article 9
Freedom of thought, conscience and religion
1. Everyone has the right to freedom of thought, conscience and religion; this right includes freedom to change his religion or belief
and freedom, either alone or in community with others and in public or private, to manifest his religion or belief, in worship, teaching,
practice and observance.
2. Freedom to manifest one's religion or beliefs shall be subject only to such limitations as are prescribed by law and are necessary in a
democratic society in the interests of public safety, for the protection of public order, health or morals, or for the protection of the
rights and freedoms of others.
Article 10
Freedom of expression
1. Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart
information and ideas without interference by public authority and regardless of frontiers. This Article shall not prevent States from
requiring the licensing of broadcasting, television or cinema enterprises.
2. The exercise of these freedoms, since it carries with it duties and responsibilities, may be subject to such formalities, conditions,
restrictions or penalties as are prescribed by law and are necessary in a democratic society, in the interests of national security,
territorial integrity or public safety, for the prevention of disorder or crime, for the protection of health or morals, for the protection of
the reputation or rights of others, for preventing the disclosure of information received in confidence, or for maintaining the authority
and impartiality of the judiciary.
Article 11
Freedom of assembly and association
1. Everyone has the right to freedom of peaceful assembly and to freedom of association with others, including the right to form and
to join trade unions for the protection of his interests.
2. No restrictions shall be placed on the exercise of these rights other than such as are prescribed by law and are necessary in a
democratic society in the interests of national security or public safety, for the prevention of disorder or crime, for the protection of
health or morals or for the protection of the rights and freedoms of others. This Article shall not prevent the imposition of lawful
restrictions on the exercise of these rights by members of the armed forces, of the police or of the administration of the State.
Article 12
Right to marry
Men and women of marriageable age have the right to marry and to found a family, according to the national laws governing the
exercise of this right.
Article 14
Prohibition of discrimination
The enjoyment of the rights and freedoms set forth in this Convention shall be secured without discrimination on any ground such as
sex, race, colour, language, religion, political or other opinion, national or social origin, association with a national minority, property,
birth or other status.
Article 16
Restrictions on political activity of aliens
Nothing in Articles 10, 11 and 14 shall be regarded as preventing the High Contracting Parties from imposing restrictions on the
political activity of aliens.
Article 17
Prohibition of abuse of rights
Nothing in this Convention may be interpreted as implying for any State, group or person any right to engage in any activity or
perform any act aimed at the destruction of any of the rights and freedoms set forth herein or at their limitation to a greater extent than
is provided for in the Convention.
Article 18
Limitation on use of restrictions on rights
The restrictions permitted under this Convention to the said rights and freedoms shall not be applied for any purpose other than those
for which they have been prescribed.
PART II
THE SIXTH PROTOCOL
Article 1
Abolition of the death penalty
The death penalty shall be abolished. No-one shall be condemned to such penalty or executed.
Article 2
Death penalty in time of war
A State may make provision in its law for the death penalty in respect of acts committed in time of war or of imminent threat of war;
such penalty shall be applied only in the instances laid down in the law and in accordance with its provisions. The State shall
communicate to the Secretary General of the Council of Europe the relevant provisions of that law.
Section 13(1)(a)
SCHEDULE 2
THE 1988 DEROGATION
The 1988 notification
The United Kingdom Permanent Representative to the Council of Europe presents his compliments to the Secretary General of the
Council, and has the honour to convey the following information in order to ensure compliance with the obligations of Her Majesty's
Government in the United Kingdom under Article 15(3) of the Convention for the Protection of Human Rights and Fundamental
Freedoms signed at Rome on 4 November 1950.
There have been in the United Kingdom in recent years campaigns of organised terrorism connected with the affairs of Northern
Ireland which have manifested themselves in activities which have included repeated murder, attempted murder, maiming, intimidation
and violent civil disturbance and in bombing and fire raising which have resulted in death, injury and
widespread destruction of property. As a result, a public emergency within the meaning of Article 15(1) of the Convention exists in the
United Kingdom.
The Government found it necessary in 1974 to introduce and since then, in cases concerning persons reasonably suspected of
involvement in terrorism connected with the affairs of Northern Ireland, or of certain offences under the legislation, who have been
detained for 48 hours, to exercise powers enabling further detention without charge, for periods of up to five days, on the authority of
the Secretary of State. These powers are at present to be found in Section 12 of the Prevention of Terrorism (Temporary Provisions)
Act 1984, Article 9 of the Prevention of Terrorism (Supplemental Temporary Provisions) Order 1984 and Article 10 of the Prevention
of Terrorism (Supplemental Temporary Provisions) (Northern Ireland) Order 1984.
Section 12 of the Prevention of Terrorism (Temporary Provisions) Act 1984 provides for a person whom a constable has arrested on
reasonable grounds of suspecting him to be guilty of an offence under Section 1,9 or 10 of the Act, or to be or to have been involved
in terrorism connected with the affairs of Northern Ireland, to be detained in right of the arrest for up to 48
hours and thereafter, where the Secretary of State extends the detention period, for up to a further five days. Section 12 substantially
re-enacted Section 12 of the Prevention of Terrorism (Temporary Provisions) Act 1976 which, in turn, substantially re-enacted
Section 7 of the Prevention of Terrorism (Temporary Provisions) Act 1974.
Article 10 of the Prevention of Terrorism (Supplemental Temporary Provisions) (Northern Ireland) Order 1984 (SI 1984/417) and
Article 9 of the Prevention of Terrorism (Supplemental Temporary Provisions) Order 1984 (SI 1984/418) were both made under
Sections 13 and 14 of and Schedule 3 to the 1984 Act and substantially re-enacted powers of detention in Orders
made under the 1974 and 1976 Acts. A person who is being examined under Article 4 of either Order on his arrival in, or on seeking to
leave, Northern Ireland or Great Britain for the purpose of determining whether he is or has been involved in terrorism connected with
the affairs of Northern Ireland, or whether there are grounds for suspecting that he has committed an offence under Section 9 of the
1984 Act, may be detained under Article 9 or 10, as appropriate, pending the conclusion of his examination. The period of this
examination may exceed 12 hours if an examining officer has reasonable grounds for suspecting him to be or to have been involved in
acts of terrorism connected with the affairs of Northern Ireland.
Where such a person is detained under the said Article 9 or 10 he may be detained for up to 48 hours on the authority of an examining
officer and thereafter, where the Secretary of State extends the detention period, for up to a further five days.
In its judgment of 29 November 1988 in the Case of Brogan and Others, the European Court of Human Rights held that there had been
a violation of Article 5(3) in respect of each of the applicants, all of whom had been detained under Section 12 of the 1984 Act. The
Court held that even the shortest of the four periods of detention concerned, namely four days and six hours, fell outside the
constraints as to time permitted by the first part of Article 5(3). In addition, the Court held that there had been a violation of Article 5
(5) in the case of each applicant.
Following this judgment, the Secretary of State for the Home Department informed Parliament on 6 December 1988 that, against the
background of the terrorist campaign, and the over-riding need to bring terrorists to justice, the Government did not believe that the
maximum period of detention should be reduced. He informed Parliament that the Government were examining the matter with a view
to responding to the judgment. On 22 December 1988, the Secretary of State further informed Parliament that it remained the
Government's wish, if it could be achieved, to find a judicial process under which extended
detention might be reviewed and where appropriate authorised by a judge or other judicial officer. But a further period of reflection and
consultation was necessary before the Government could bring forward a firm and final view.
Since the judgment of 29 November 1988 as well as previously, the Government have found it necessary to continue to exercise, in
relation to terrorism connected with the affairs of Northern Ireland, the powers described above enabling further detention without
charge for periods of up to 5 days, on the authority of the Secretary of State, to the extent strictly required by the exigencies of the
situation to enable necessary enquiries and investigations properly to be completed in order to decide whether criminal proceedings
should be instituted.
To the extent that the exercise of these powers may be inconsistent with the obligations imposed by the Convention the Government
has availed itself of the right of derogation conferred by Article 15(1) of the Convention and will continue to do so until further notice.
Dated 23 December 1988.
The 1989 notification
The United Kingdom Permanent Representative to the Council of Europe presents his compliments to the Secretary General of the
Council, and has the honour to convey the following information. In his communication to the Secretary General of 23 December
1988, reference was made to the introduction and exercise of certain powers under section 12 of the Prevention of
Terrorism (Temporary Provisions) Act 1984, Article 9 of the Prevention of Terrorism (Supplemental Temporary Provisions) Order
1984 and Article 10 of the Prevention of Terrorism (Supplemental Temporary Provisions) (Northern Ireland) Order 1984. These
provisions have been replaced by section 14 of and paragraph 6 of Schedule 5 to the Prevention of Terrorism (Temporary Provisions)
Act 1989, which make comparable provision. They came into force on 22 March 1989. A copy of these provisions is enclosed. The
United Kingdom Permanent Representative avails himself of this opportunity to renew to
the Secretary General the assurance of his highest consideration.
23 March 1989.
The 1998 notification
On the instructions of my authorities, I have the honour to convey to you the following information.
In his communications from this Delegation to the then Secretary General of 23 December 1988 and 23 March 1989, reference was
made to the introduction and exercise of certain powers under Section 12 of the Prevention of Terrorism (Temporary Provisions) Act
1984, Article 9 of the Prevention of Terrorism (Supplemental Temporary Provisions) Order 1984
and Article 10 of the Prevention of Terrorism (Supplemental Temporary Provisions) (Northern Ireland) Order 1984 and to the
replacement of those provisions by Section 14 of and paragraph 6 of Schedule 5 to the Prevention of Terrorism (Temporary
Provisions) Act 1989. These powers were previously extended by Order in Council to cover the Channel Islands and the Isle of Man.
Following the adoption, by the authorities in Jersey, Guernsey and the Isle of Man of legislation making comparable provision, the
relevant orders in Council have been repealed. A copy of the new legislation for the Isle of Man, Guernsey and Jersey is enclosed. In
respect of the Isle of Man the relevant provisions are Section 12 of and paragraph 6 of Schedule 5 to the Prevention of Terrorism Act
1990 which entered into force on 1 December 1990. In respect of Guernsey the relevant provisions are Section 12 of and paragraph 6
of Schedule 5 to the Prevention of Terrorism (Bailiwick of Guernsey) Law 1990 which entered into force on 1 January 1991. In
respect of Jersey the relevant provisions are Article 13 of and Human Rights Act 2001 paragraph 6 of Schedule 5 to the Prevention of
Terrorism (Jersey) Law 1996 which entered into force on 1 July 1996.
I avail myself of this opportunity to renew to you, Sir, the assurances of my highest
consideration.
12 November 1998.
Island lore suggests that The Isle of Man was settled by in the 6th Century by the King of
Ulster, but more recent studies indicate that permanent settlement did not arrive on Man until
the end of the 10th century. Successive waves of Irish, Scots and Danes laid claim to the
island. Under the dominance of the Danes, the Tynwald, the world's oldest continuous
Parliament with over a 1,000 year history, came into existence in 979. English dominance
solidified under Edward III of England in 1333 with the granting of baronetcies and duchies
through the early part of the 19th century. In 1866, a certain level of Home Rule was granted.
Though the island has operated for centuries under what is known as the Manx constitution,
an unwritten series of laws cited to be in existence since the 9th century but never
mentioned until 1422, the British monarch passed the The Isle of Man Constitution Act of
1919 and a new Constitution Act of 1961, which established the island's formal government.
No electronic version of the Constitution Act could be located but is embodied via numerous
resources which can be found here. As British subjects, all laws of the United Kingdom
apply for Manx citizens; however, the Isle of Man has passed a 2001 Human Rights Act in
2001 which is detailed below and conforms to the 1948 United Nations Universal Declaration
of Human Rights, of which the United Kingdom is a signatory. For the full English text of the
United Kingdom's Human Rights Act of 1998, click here.
Ulster, but more recent studies indicate that permanent settlement did not arrive on Man until
the end of the 10th century. Successive waves of Irish, Scots and Danes laid claim to the
island. Under the dominance of the Danes, the Tynwald, the world's oldest continuous
Parliament with over a 1,000 year history, came into existence in 979. English dominance
solidified under Edward III of England in 1333 with the granting of baronetcies and duchies
through the early part of the 19th century. In 1866, a certain level of Home Rule was granted.
Though the island has operated for centuries under what is known as the Manx constitution,
an unwritten series of laws cited to be in existence since the 9th century but never
mentioned until 1422, the British monarch passed the The Isle of Man Constitution Act of
1919 and a new Constitution Act of 1961, which established the island's formal government.
No electronic version of the Constitution Act could be located but is embodied via numerous
resources which can be found here. As British subjects, all laws of the United Kingdom
apply for Manx citizens; however, the Isle of Man has passed a 2001 Human Rights Act in
2001 which is detailed below and conforms to the 1948 United Nations Universal Declaration
of Human Rights, of which the United Kingdom is a signatory. For the full English text of the
United Kingdom's Human Rights Act of 1998, click here.