§ Mr. McNamaraasked the Secretary of State for the Home Department if he has refused an extension of five days to the police for the holding of a suspect under the Prevention of Terrorism (Temporary Provisions) Act; and on how many occasions.
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§ Mr. Merlyn Rees:No.
§ Mr. McNamaraasked the Secretary of State for the Home Department, of the charges brought against suspects initially held under the Prevention of Terrorism (Temporary Provisions) Act, if any of the charges were dropped before the case was heard; if so, what charges; whether any charges have led to a successful prosecution; if so, what charges; whether any charges have led to an successful prosecution; and, if so, in each case, what was the sentence imposed.
§ Mr. Merlyn Rees:At my request, inquiries have been made about the outcome of the more serious charges. These are set out below, and take account of an extensive review of police records:
Charges for offences under the Prevention of Terrorism (Temporary Provisions) Act 1974 (4)
Four persons were charged under Section 1(1)(b) of the Act. Three were acquitted, and one was convicted and sentenced to six months' imprisonment and fined £400.
Charges for offences under the Prevention of Terrorism (Temporary Provisions) Act 1976 (11)
One person has been charged under Section 1(1)(b). He was convicted and sentenced to one day's imprisonment.
Two persons have been charged under Section 9(1); one was convicted and fined £50, and the other is awaiting trial. Two persons have been charged under Section 9(2)(a); one was convicted and fined £100, and the other is awaiting trial.
Two persons have been charged under Sections 10(1)(a) and 10(2). They were convicted and sentenced to eight years' and two years' imprisonment, respectively.
Two persons have been charged under Section 10(1). One was convicted and sentenced to ten years' imprisonment; the other was acquitted.
Two persons have been charged under Section 11(1); one was acquitted but sentenced to two years' imprisonment on another charge; the other is awaiting trial.
Murder (4)
Four persons have been charged; three have been convicted and sentenced to life imprisonment; in the other case, the charge was not proceeded with. Four other persons, previously recorded as having been detained under the Act, were arrested under other powers.
Attempted Murder (3)
Three persons have been charged, convicted and sentenced to life imprisonment.
770WConspiracy to cause explosions (16)
Sixteen persons have been charged, and 14 have been convicted. Two have been sentenced to 20 years' imprisonment; one to 15 years' imprisonment; one to 14 years', one to 12 years', six to 10 years', one to seven years', one to five years', and one to four years'. The remaining two cases were not proceeded with.
Unlawful possession of explosives (9)
Nine persons have been charged. One has been acquitted and six have been convicted. Two were sentenced to 14 years' imprisonment, two to 12 years' imprisonment, one to five years', and one to four years'. Two persons are still awaiting trial.
Conspiracy to possess or procure explosives with intent to endanger life (1)
One person has been charged and acquitted. Other charges previously recorded under this heading were changed to conspiracy to cause explosions and have been included in that section.
Offences under the Firearms Act 1968 (10)
Ten persons have been charged; two were sentenced to 12 months' imprisonment (suspended) and fined £100; one was fined £150, one £105, one £60, one £25 and one £20; one was sentenced to three months' imprisonment. In one case the person concerned was admonished and ordered to forfeit his firearms and ammunition. One person is still awaiting trial.
Causing an explosion (1)
One person has been charged, convicted and sentenced to 14 years' imprisonment.
Other charges
In addition, five persons have been charged with conspiracy to defraud the Inland Revenue, 12 with theft, four with burglary, one with causing criminal damage, one with attempting criminal deception, one with handling a stolen vehicle, five with handling stolen property, one with unlawful wounding, two with possession of drugs, three with wasting police time, one with harbouring a person known to have committed an arrestable offence, two with assault on police, one with being found on enclosed premises, one with possessing an offensive weapon, two with offences under Section 6 of the Road Traffic Act 1972, and three with criminal deception, and one with obtaining a passport by deception.
Persons returned to Northern Ireland and there charged (23)
Murder (4)
Four persons have been charged and are awaiting trial.
Robbery (2)
Two persons have been charged; one is awaiting trial and the other was convicted and sentenced to five years' imprisonment.
Firearms offences (4)
Four persons have been charged and three convicted. One was sentenced to four years' imprisonment (suspended); one to two years' 771W imprisonment (suspended) and one to three months' imprisonment (suspended). One is awaiting trial.
Unlawful possession of explosives (4)
Four persons have been charged; in one case, the charge was not proceeded with, and two cases are awaiting trial. One person has been convicted, and sentenced to five years' imprisonment.
Causing an explosion (5)
Five persons have been charged. Two cases are awaiting trial. Two persons were convicted: one was sentenced to five years' imprisonment, and the other to two years' imprisonment (suspended). One was not proceeded with.
In addition, one person has been charged with unlawful taking of a motor vehicle, one with burglary, and two with arson.
Three people have been returned to the Irish Republic, and there charged, two with burglary and one with robbery.
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Police Force Number of detention Number of applications for extensions of detentions Metropolitan Police … … … … … … 704 100 Avon and Somerset Constabulary … … … … … … 37 3 Bedfordshire Police … … … … … … 41 0 Cambridgeshire Constabulary … … … … … … 0 0 Cheshire Constabulary … … … … … … 6 0 City of London Police … … … … … … 24 8 Cleveland Constabulary … … … … … … 7 1 Cumbria Constabulary … … … … … … 2 2 Derbyshire Constabulary* … … … … … … 1 0 Devon and Cornwall Constabulary … … … … … … 26 4 Dorset Police … … … … … … 16 0 Durham Constabulary … … … … … … 0 0 Essex Police … … … … … … 31 6 Gloucestershire Constabulary … … … … … … 10 0 Greater Manchester Police … … … … … … 44 2 Hampshire Constabulary … … … … … … 144 67 Hertfordshire Constabulary … … … … … … 0 0 Humberside Constabulary … … … … … … 7 0 Kent Constabulary … … … … … … 37 6 Lancashire Constabulary … … … … … … 53 2 Leicestershire Constabulary* … … … … … … 7 0 Lincolnshire Constabulary … … … … … … 2 0 Merseyside Police … … … … … … 693 14 Norfolk Constabulary … … … … … … 0 0 Northamptonshire Police … … … … … … 17 1 Northumbria Police … … … … … … 5 0 North Yorkshire Police … … … … … … 1 0 Nottinghamshire Constabulary … … … … … … 2 0 South Yorkshire Police … … … … … … 0 0 Staffordshire Police … … … … … … 0 0 Suffolk Police … … … … … … 8 0 Surrey Constabulary … … … … … … 81 25 Sussex Police … … … … … … 6 0 Thames Valley Police … … … … … … 14 5 Warwickshire Constabulary … … … … … … 0 0 West Mercia Constabulary … … … … … … 2 1 West Midlands Police … … … … … … 94 8 West Yorkshire (Metropolitan) Police … … … … … … 92 7 Wiltshire Constabulary … … … … … … 2 0 Dyfed Powys Police … … … … … … 55 0 Gwent Constabulary … … … … … … 2 2 North Wales Police … … … … … … 36 0 South Wales Constabulary … … … … … … 55 2 2,374 266
§ Mr. McNamaraasked the Secretary of State for the Home Department if he will publish in the Official Report the number of arrests and detentions by each regional police force on persons within its area under the terms of the Prevention of Terrorism (Temporary Provisions) Act; in how many cases applications were made for detention to be extended by a further five days; and in how many cases it was refused.
§ Mr. Merlyn Rees:The total number of persons detained in England and Wales under the Prevention of Terrorism (Temporary Provisions) Acts 1974 and 1976 and the total number of applications for extensions of detention, none of which has been refused, for each police force are as follows:
773WIn addition, 529 people have been detained under the legislation in Scotland, in respect of four of whom extensions of detention were granted.
*Seven cases which arose at East Midlands Airport are now recorded under Leicestershire Constabulary, not Derbyshire Constabulary as before.
§ Mr. McNamaraasked the Secretary of State for the Home Department whether he has yet considered any alteration to the Judges' Rules to meet the difficulties arising from the Prevention of Terrorism (Temporary Provisions) Act whereby people may be detained in police custody for a further period of five days.
§ Mr. Merlyn Rees:I have at present nothing to add to the reply I gave to a Question by my hon. Friend on 2nd May —[Vol. 931, c. 40–1].
§ Mr. McNamaraasked the Secretary of State for the Home Department whether any record is now kept of requests made by persons for whom application has been granted that they be detained in police custody for a further period of five days under the Prevention of Terrorism Acts or of requests made by such detainees for access to legal advice or for information concerning their detention to be given to their families; what action has been taken; how many applications have been made; and how many have been granted.
§ Mr. Merlyn Rees:No. I refer my hon. Friend to the reply given to a similar Question he asked on 2nd May—[Vol. 931, c. 41].
§ Mr. McNamaraasked the Secretary of State for the Home Department what rules govern the interrogation of children and minors concerning the activities of persons suspected of committing offences under the Prevention of Terrorism (Temporary Provisions) Act; how many minors and young persons have been interrogated; and whether he has prepared a code to govern the interrogation of children under the Acts.
§ Mr. Merlyn Rees:I refer my hon. Friend to the reply given to a similar Question he asked on 2nd May—[Vol. 931, c. 41.]
§ Mr. McNamaraasked the Secretary of State for the Home Department how many 774W persons have been detained under the provision of the Prevention of Terrorism (Temporary Provisions) Act; how many have been subsequently charged with offences; and, with which offences they have been charged.
§ Mr. Merlyn Rees:2,903 people have been detained in Great Britain under the Prevention of Terrorism (Temporary Provisions) Acts 1974 and 1976. An extension of detention under Section 7 of the 1974 Act or Section 12 of the 1976 Act has been approved in 270 cases; further 624 people were detained for 48 hours or less. 2,009 people have been detained pending further examination at ports under the supplemental orders made under the Acts.
105 people detained under the Acts have been charged with offences in Great Britain. Fifteen of them have been charged with offences under the Acts. Four of the remainder have been charged with murder, three with attempted murder, 16 with conspiracy to cause explosions, nine with unlawful possession of explosives, one with conspiracy to possess or procure explosives with intent to endanger life, 10 with causing act explosion, five with conspiracy to defraud the Inland Revenue, 12 with theft, four with burglary, one with causing criminal damage, one with attempting criminal deception, one with handling a stolen vehicle, five with handling stolen property, one with unlawful wounding, two with possession of drugs, three with wasting police time, one with harbouring a person known to have committed an arrestable offence, two with assault on police, one with being found on enclosed premises, one with possessing an offensive weapon, two with offences under Section 6 of the Road Traffic Act 1972, three with criminal deception, and one with obtaining a passport by deception.
In addition, three people have been removed to the Irish Republic, and there charged, two with burglary and one with robbery.
Twenty-three people have been returned to Northern Ireland and there charged, four with murder, two with robbery, four with firearms offences, four with unlawful possession of explosives, five with causing an explosion, one with the unlawful taking of a motor vehicle, one with burglary, and two with arson.
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§ Mr. McNamaraasked the Secretary of State for the Home Department how many persons have been charged with offences under the Prevention of Terrorism (Temporary Provisions) Act; and under which section of the Act the charges have been brought.
§ Mr. Merlyn Rees:Twelve people have been charged in Great Britain with offences under the Prevention of Terrorism (Temporary Provisions) Act 1976: two under Section 10(1) (a) and Section 10(2), two under Section 10(1), one under Section 10(1) (b)—this person was not initially detained under the Act—one under Section 1(1) (b), two under Section 9(1), two under Section 9(2) (a), and two under Section 11(1). Four people were charged in Great Britain under Section 1(1) (b) of the Prevention of Terrorism (Temporary Provisions) Act 1974.
§ Mr. Frank Maguireasked the Secretary of State for the Home Department how many prisoners in England and Scotland were convicted of terrorist offences while members of Loyalist organisations.
§ Mr. Merlyn Rees:I am responsible for prisoners only in England and Wales. Responsibility for prisoners in Scotland rests with my right hon. Friend the Secretary of State for Scotland.
There is no separate offence of terrorism in our criminal law. Whether an offender can be regarded as a terrorist, and whether his offences were linked with particular organisations is a matter of judgment. On the basis of our assessment of all relevant information, 17 prisoners are at present serving sentences for offences believed to have been connected with Loyalist organisations.
§ Mr. Frank Maguireasked the Secretary of State for the Home Department how many people from (a) Northern Ireland, and (b) the Republic of Ireland have been arrested under the Prevention of Terrorism Act since its introduction.
§ Mr. Merlyn Rees:Information about the nationality or country of origin of persons detained is not collated centrally, and could be obtained only at disproportionate expense and effort.