Section 21A: Cordons for Terrorist Investigation

4[21A. Cordons for Terrorist Investigation. - (1) An area is a cordoned area for the purposes of a terrorist investigation under this Act, if it is so designated under this section. (2) A designation may be made only by an officer not below the rank of a 2[Deputy Superintendent of Police or a member of a Joint Investigation Team], if he considers it expedient for the purposes of a terrorist investigation. (3) If a designation is made orally, the officer making it shall confirm it in writing, as soon as is reasonably practicable. (4) The officer making a designation shall arrange for the demarcation of the cordoned area, so far as is reasonably practicable. (5) An area may be designated a cordoned area for a maximum period of fourteen days, which may be extended in writing from time to time, with each extension specifying the additional period: Provided that a designation shall have no effect after 28 days beginning with the day on which it was made. (6) Where a person knows or has reasonable cause to suspect that a terrorist investigation is being conducted or is proposed to be conducted, a person commits an offence if he – (a) discloses to another, or others, anything which is likely to prejudice an investigation; or (b) interferes with material which is likely to be relevant to an investigation. (7) Whosoever commits an offence under sub-section (6) shall be liable on conviction to imprisonment for a term not less than six months and not exceeding two years, and fine. (8) It is a defence for a person charged with an offence under sub-section (6) to prove__ (a) that he did not know and had no reasonable cause to suspect that the disclosure or interference was likely to affect a terrorist investigation; or (b) that he had reasonable excuse for the disclosure or interference. (9) For the purposes of this section: (a) a reference to conducting a terrorist investigation includes a reference to taking part in the conduct of, or assisting, a terrorist investigation; and (b) a person interferes with any material if he falsifies it, conceals it, destroys it or disposes of it, or if he causes or permits another to do any of those things.

Effective date: 1997-08-16

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