Page:Terrorism Act 2000 (UKPGA 2000-11 qp).pdf/54

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Terrorism Act 2000
c. 1149

Part VII

(b) make an order requiring the silent video recording of interviews to which this section applies in accordance with the code.

(2) This section applies to—

(a) interviews by police officers of persons detained under section 41 if they take place in a police station (within the meaning of Schedule 8), and
(b) interviews held by police officers in such other circumstances as the Secretary of State may specify by order.

(3) In this section “police officer” means a member of the Royal Ulster Constabulary or the Royal Ulster Constabulary Reserve.

Codes of practice: supplementary. 101.—(1) This section applies to a code of practice under section 99 or 100.

(2) Where the Secretary of State proposes to issue a code of practice he shall—

(a) publish a draft,
(b) consider any representations made to him about the draft, and
(c) if he thinks it appropriate, modify the draft in the light of any representations made to him.

(3) The Secretary of State shall lay a draft of the code before Parliament.

(4) When the Secretary of State has laid a draft code before Parliament he may bring it into operation by order.

(5) The Secretary of State may revise the whole or any part of a code of practice issued by him and issue the code as revised; and subsections (2) to (4) shall apply to such a revised code as they apply to an original code.

(6) A failure by a police officer to comply with a provision of a code shall not of itself make him liable to criminal or civil proceedings.

(7) A failure by a member of Her Majesty’s forces to comply with a provision of a code shall not of itself make him liable to any criminal or civil proceedings other than—

(a) proceedings under any provision of the 1955 c. 18.
1955 c. 19.
Army Act 1955 or the Air Force Act 1955 other than section 70 (civil offences), and
(b) proceedings under any provision of the 1957 c. 53.Naval Discipline Act 1957 other than section 42 (civil offences).

(8) A code—

(a) shall be admissible in evidence in criminal or civil proceedings, and
(b) shall be taken into account by a court or tribunal in any case in which it appears to the court or tribunal to be relevant.

(9) In this section—

“criminal proceedings” includes proceedings in Northern Ireland before a court-martial constituted under the Army Act 1955, the Air Force Act 1955 or the Naval Discipline Act 1957 or a disciplinary court constituted under section 50 of the 1957 Act and proceedings in Northern Ireland before the Courts-Martial Appeal Court, and