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Northern Ireland (Emergency Provisions) Act 1973

1973 CHAPTER 53

An Act to make provision with respect to the following matters in Northern Ireland, that is to say, proceedings for and the punishment of certain offences, the detention of terrorists, the preservation of the peace, the maintenance of order and the detection of crime and to proscribe and make other provision in connection with certain organisations there, and for connected purposes.

[25th July 1973]

Part I Trial and Punishment of Certain Offences

1 Punishment for murder.

(1) No person shall suffer death for murder and a person convicted of murder shall, subject to [F1 Article 45(2) of the Criminal Justice (Children) (Northern Ireland) Order 1998 (detention of children at Secretary of State’s pleasure) F1] , be sentenced to imprisonment for life.

F2 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F2 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) For the purpose of any proceedings on or subsequent to a person’s trial on a charge of capital murder, that charge and any plea or finding of guilty of capital murder shall be treated as being or having been a charge, or a plea or finding of guilty, of murder only; and if at the commencement of this Act a person is under a sentence of death for capital murder, the sentence shall have effect as a sentence of imprisonment for life.

(5) M1 In this section “ capital murder ” means a murder which immediately before the commencement of this Act is a capital murder within the meaning of section 10 of the Criminal Justice Act (Northern Ireland) 1966 .

2—4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F3 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F4 6–8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F5 9 Remand homes and training schools. cross-notes

F6 (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F6 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F6 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F6 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F6 (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part II

10—18. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F7 Part III Offences Against Public Security and Public Order

19 Proscribed organisations.

(1)—(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F8 (8) M2,M3 In section 4 of the Criminal Injuries to Persons (Compensation) Act (Northern Ireland) 1968 (assessment of compensation) and in the Criminal Injuries to Property (Compensation) Act (Northern Ireland) 1971, in their application to an injury or damage caused by an act committed while this section is in force, “ unlawful association ” includes a proscribed organisation.

20, 21. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F9 22 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F10 23 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F11 Part IV Miscellaneous and General

24—27. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F12 28 Interpretation. cross-notes

(1) In this Act, except so far as the context otherwise requires—

F13 (2) Any reference in this Act, except so far as the context otherwise requires, to an enactment shall be construed as a reference to that enactment as amended, applied or extended by or under any other enactment, including this Act.

(3) Any reference in this Act to an enactment of the Parliament of Northern Ireland or to an enactment which that Parliament has power to amend shall be construed as including a reference to any enactment of the Parliament of Northern Ireland passed after this Act and re–enacting the said enactment with or without modifications.

29 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F14 30 Commencement, duration, expiry and revival of provisions of this Act. cross-notes

(1)—(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F15 (4) F16,F16 The coming into force of any of the following provisions of this Act, that is to say, sections 2, 4, 5, 6, and 7, . . . on the commencement of this Act . . . , shall not affect any trial on indictment where the indictment has been presented, or any summary trial which has started, before the coming into force of that provision, and any such trial shall be conducted as if the provision had not come into force.

(5) F16,F16 Where before the coming into force of section 4(1) above, . . . on the commencement of this Act . . . , a person has been committed for trial for a scheduled offence and the indictment has not been presented, then, on the coming into force of that subsection, he [F17 shall, if he was committed to a county court or to a court of assize other than the Belfast City Commission, be treated as having been committed to that Commission. F17]

(6),(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F15 31 Short title, repeals, savings and extent. cross-notes

(1) This Act may be cited as the Northern Ireland (Emergency Provisions) Act 1973.

(2),(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F18 (4) M4 Section 38 of the Interpretation Act 1889 (effect of repeals) shall apply to the repeal by this Act of any Act or enactment of the Parliament of Northern Ireland and to the cesser of any order or regulations made under any enactment repealed by this Act as it applies to the repeal of any Act or enactment of the Parliament of the United Kingdom.

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F18 (6) M5 The repeal by this Act of section 1 of the Offences against the Person Act 1861 shall not affect the operation of sections 64, 65, and 68 of that Act which shall continue to apply in relation to murder as if this Act had not been passed.

(7) F19 Neither any rule of law nor any enactment other than this Act nor anything contained in a commission issued for the trial of any person shall be construed as limiting or otherwise affecting the operation of any provision of this Act, . . . but—

(a) subject to the foregoing, any power conferred by this Act shall not derogate from Her Majesty’s prerogative or any powers exercisable apart from this Act by virtue of any rule of law or enactment; . . .

F19 (b) . . .

F20 (8) This Act shall extend to Northern Ireland only.

SCHEDULES

F21 SCHEDULE 1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F22,F22 SCHEDULES 2—5

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Status: Northern Ireland (Emergency Provisions) Act 1973 is up to date with all changes known to be in force on or before 09 February 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Northern Ireland (Emergency Provisions) Act 1973 (1973/53)
Version from: 18 November 2023

Displaying information

Status of this instrument

in force Provision is in force
in force* In force only for specified purposes (see footnote)
not in force Not in force in England (may be in force in other geographies, see footnotes)
defined term Defined term
dfn Defined term (alternative style)
footnote commentary transitional and savings in force status related provisions geo extent insert/omit source count in force adj
C1 The text of s. 9(2)–(5) is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.
C2 References to an Act or enactment of the Parliament of Northern Ireland to be construed as including a reference to a Measure of the Northern Ireland Assembly: Northern Ireland Constitution Act 1973 (c. 36) , Sch. 5 para. 1
C3 Unreliable marginal note
C4 Unreliable marginal note
F1 Words in s. 1(1)(3) substituted (31.1.1999) by S.I. 1998/1504 (N.I. 9) , art. 65(1) , Sch. 5 para. 6 ; S.R. 1999/25 , art. 2 substituted
F2 S. 1(2)(3) repealed (8.10.2001) by S.I. 2001/2564 (N.I. 2) , art. 13(2) , Sch. 3 ; S.R. 2001/337 , art. 2 repealed
F3 Ss. 2–4 repealed by Northern Ireland (Emergency Provisions) Act 1978 (c. 5) , Sch. 6 Pt. I repealed
F4 S. 5 repealed by Northern Ireland (Emergency Provisions) (Amendment) Act 1975 (c. 62) , s. 7 , Sch. 3 repealed
F5 Ss. 6–8 repealed by Northern Ireland (Emergency Provisions) Act 1978 (c. 5) , Sch. 6 Pt. I repealed
F6 S. 9(1)-(5) repealed (31.1.1999) by S.I. 1998/1504 , art. 65(2) , Sch. 6 ; S.R. 1999/25 , art. 2 repealed
F7 Ss. 10–18 , 19(1)–(7) , 20 , 21 repealed by Northern Ireland (Emergency Provisions) Act 1978 (c. 5) , Sch. 6 Pt. I repealed
F8 Ss. 10–18 , 19(1)–(7) , 20 , 21 repealed by Northern Ireland (Emergency Provisions) Act 1978 (c. 5) , Sch. 6 Pt. I repealed
F9 Ss. 10–18 , 19(1)–(7) , 20 , 21 repealed by Northern Ireland (Emergency Provisions) Act 1978 (c. 5) , Sch. 6 Pt. I repealed
F10 S. 22 repealed by Northern Ireland (Emergency Provisions) (Amendment) Act 1975 (c. 62) , Sch. 3 repealed
F11 Ss. 23–27 , 29 , 30(1)–(3) (6)(7), 31(2)(3)(5) repealed by Northern Ireland (Emergency Provisions) Act 1978 (c. 5) , Sch. 6 Pt. I repealed
F12 Ss. 23–27 , 29 , 30(1)–(3) (6)(7), 31(2)(3)(5) repealed by Northern Ireland (Emergency Provisions) Act 1978 (c. 5) , Sch. 6 Pt. I repealed
F13 Definitions repealed by Northern Ireland (Emergency Provisions) Act 1978 (c. 5) , Sch. 6 Pt. I repealed
F14 Ss. 23–27 , 29 , 30(1)–(3) (6)(7), 31(2)(3)(5) repealed by Northern Ireland (Emergency Provisions) Act 1978 (c. 5) , Sch. 6 Pt. I repealed
F15 Ss. 23–27 , 29 , 30(1)–(3) (6)(7), 31(2)(3)(5) repealed by Northern Ireland (Emergency Provisions) Act 1978 (c. 5) , Sch. 6 Pt. I repealed
F16 Words repealed by Northern Ireland (Emergency Provisions) Act 1978 (c. 5) , Sch. 6 Pt. I repealed
F17 Words substituted by Northern Ireland (Emergency Provisions) (Amendment) Act 1975 (c. 62) , s. 6(2) ( a ), (3) except as they apply to a trial on indictment where the accused was committed to the Belfast Recorder's Court before 21.8.1975 substituted
F18 Ss. 23–27 , 29 , 30(1)–(3) (6)(7), 31(2)(3)(5) repealed by Northern Ireland (Emergency Provisions) Act 1978 (c. 5) , Sch. 6 Pt. I repealed
F19 Words repealed by Northern Ireland (Emergency Provisions) Act 1978 (c. 5) , Sch. 6 Pt. I repealed
F20 S. 31(7) ( b ) repealed by Northern Ireland (Emergency Provisions) Act 1978 (c. 5) , Sch. 6 Pt. I repealed
F21 Sch. 1 repealed by Northern Ireland (Emergency Provisions) (Amendment) Act 1975 (c. 62) , Sch. 3 (with saving in Northern Ireland Troubles (Legacy and Reconciliation) Act 2023 (c. 41) , ss. 46 , 63(2)(a) (with s. 61 )) this amendment is subject to savings and/or transitional provisions, see the commentary. this amendment (text repealed) should be read in conjunction with other related provisions, see the commentary. repealed
F22 Schs. 2–5 repealed by Northern Ireland (Emergency Provisions) Act 1978 (c. 5) , Sch. 6 Pt. I repealed
M1 1966 c. 20 (N.I.)
M2 1968 c. 9 (N.I.)
M3 1971 c. 38 (N.I.)
M4 1889 c. 63 .
M5 1861 c. 100 .
Defined Term Section/Article ID Scope of Application
capital murder s. 1 of Part I def_8c45d683f6
enactment s. 28 of Part IV def_8b7360174a
unlawful association s. 19 of Part III def_46be6803c7

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