TNAG-2156-FCO40-3076-International-Covenant-on-Civil-and-Political-Rights-(ICCPR)-1990 — Page 58

CCPR/C/58/Add.6 page 26

have a maximum duration of five years. Since their inception in 1978, the Acts have been regularly reviewed by an independent reviewer to establish which provisions remain necessary to deal effectively with terrorism while preserving the liberties of the individual. The main provisions are as follows:

(a) Create a class of "scheduled", i.e. terrorist-type offences and provide that they should be tried before a court sitting without a jury. There are compensating safeguards for the defendant in the form of a requirement for a written judgement and an automatic right of appeal;

(b) Require bail applications in scheduled cases to be heard before a judge (rather than a magistrate) and considered against strict criteria;

(c) Reverse the initial onus of proof in scheduled cases involving the possession of prescribed articles;

(d) Provide that confession evidence should be admissible in scheduled cases except where obtained as a result of torture or inhuman or degrading treatment, and provide for the admissibility of written statements in scheduled cases;

(e) Confer a time-limited power of arrest in respect of "any offence" on members of the armed forces;

(f) Give the security forces a comprehensive range of powers to stop, enter, search and seize and to interfere with highways;

(g) Create a class of proscribed organizations, membership of which is an offence.

115. The Emergency Provisions Act 1987 incorporated a number of changes to protect the rights of individuals. The maximum period for which the police in Northern Ireland can hold a suspected terrorist on their own authority was reduced from 72 hours to 48 hours; certain arrest powers were amended so that all such powers under the emergency law now require reasonable grounds for suspicion; and persons detained in Northern Ireland under the Prevention of Terrorism (Temporary Provisions) Act 1989 were given a statutory right to have someone notified of their arrest and whereabouts, and to have access to legal advice.

Police powers in Scotland

116. The general powers available to the police in Scotland are established primarily under common law, supplemented by various statutory provisions. main police powers in Scotland are as follows:

(a) Stop and search: the police may stop and search any person or vehicle for stolen property if they have reasonable grounds to suspect possession of such articles;

(b) Entry and search of premises and seizure: the police may enter premises without a warrant on hearing a serious disturbance inside, or in close pursuit of a person in respect of a serious crime, and may use reasonable force to gain entry if refused admission. The police are not

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