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Part II

(b) section 6,

(c) section 7, and

(d) paragraphs 4 to 8 of Schedule 3.

(3) The Commission shall decide proceedings in accordance with the principles applicable on an application for judicial review.

(4) In the application of the provisions mentioned in subsection (2)—

(a) a reference to the Commission allowing an appeal shall be taken as a reference to the Commission determining that an action of the Secretary of State is incompatible with a Convention right, and

(b) a reference to the refusal to deproscribe against which an appeal was brought shall be taken as a reference to the action of the Secretary of State which is found to be incompatible with a Convention right.

Immunity. 10.—(1) The following shall not be admissible as evidence in proceedings for an offence under any of sections 11 to 13, 15 to 19 and 56—

(a) evidence of anything done in relation to an application to the Secretary of State under section 4,

(b) evidence of anything done in relation to proceedings before the Proscribed Organisations Appeal Commission under section 5 above or section 7(1) of the 1998 c. 42.Human Rights Act 1998,

(c) evidence of anything done in relation to proceedings under section 6 (including that section as applied by section 9(2)), and

(d) any document submitted for the purposes of proceedings mentioned in any of paragraphs (a) to (c).

(2) But subsection (1) does not prevent evidence from being adduced on behalf of the accused.

Offences

Membership. 11.—(1) A person commits an offence if he belongs or professes to belong to a proscribed organisation.

(2) It is a defence for a person charged with an offence under subsection (1) to prove—

(a) that the organisation was not proscribed on the last (or only) occasion on which he became a member or began to profess to be a member, and

(b) that he has not taken part in the activities of the organisation at any time while it was proscribed.

(3) A person guilty of an offence under this section shall be liable—

(a) on conviction on indictment, to imprisonment for a term not exceeding ten years, to a fine or to both, or

(b) on summary conviction, to imprisonment for a term not exceeding six months, to a fine not exceeding the statutory maximum or to both.

(4) In subsection (2) “proscribed” means proscribed for the purposes of any of the following—