Northern Ireland (Emergency Provisions) Act 1996 (repealed)

Section 1.

SCHEDULE 1 N.I. The Scheduled Offences

Part I N.I. Substantive Offences

Common law offences N.I.

1 Murder subject to note 1 below.

2 Manslaughter subject to note 1 below.

3 Riot [F1 subject to note 1 below].

Textual Amendments

F1 Words in Sch. 1 para. 3 added (8.4.1998) by 1998 c. 9, s. 2(1)(a)

4 Kidnapping subject to note 1 below.

5 False imprisonment subject to note 1 below.

Malicious Damage Act 1861 (c. 97) N.I.

6 Offences under section 35 of the Malicious Damage Act 1861 (interference with railway) subject to note 1 below.

Offences against the Person Act 1861 (c. 100) N.I.

7 Offences under the following provisions of the Offences against the Person Act 1861 [F2 subject to note 1 below]—

(a) section 4 (offences relating to murder) F3 . . .;

(b) section 16 (threats to kill) F3 . . .;

(c) section 18 (wounding with intent to cause grievous bodily harm) F3 . . .;

(d) section 20 (causing grievous bodily harm) F3 . . .;

(e) section 29 (causing explosion or sending explosive substance or throwing corrosive liquid with intent to cause grievous bodily harm);

(f) section 47 (assault occasioning actual bodily harm) F3 . . ..

Textual Amendments

F2 Words in Sch. 1 para. 7 inserted (8.4.1998) by 1998 c. 9, s. 2(2)(a)

F3 Words in Sch. 1 para. 7 repealed (8.4.1998) by 1998 c. 9, ss. 2(2)(a), 7(2), Sch. 2

Explosive Substances Act 1883 (c. 3) N.I.

8 Offences under the following provisions of the Explosive Substances Act 1883 [F4 subject to note 1 below]-

(a) section 2 (causing explosion likely to endanger life or damage property);

(b) section 3 (intending or conspiring to cause any such explosion, and making or possessing explosive with intent to endanger life or cause serious damage to property);

(c) section 4 (making or possessing explosives in suspicious circumstances).

Textual Amendments

F4 Words in Sch. 1 para. 8 inserted (8.4.1998) by 1998 c. 9, s. 2(3)(a)

Prison Act (Northern Ireland) 1953 (c. 18 (N.I.)) N.I.

9 Offences under the following provisions of the Prison Act (Northern Ireland) 1953 subject to note 1 below—

(a) section 25 (being unlawfully at large while under sentence);

(b) section 26 (escaping from lawful custody and failing to surrender to bail);

(c) section 27 (attempting to break prison);

(d) section 28 (breaking prison by force or violence);

(e) section 29 (rescuing or assisting or permitting to escape from lawful custody persons under sentence of death or life imprisonment);

(f) section 30 (rescuing or assisting or permitting to escape from lawful custody persons other than persons under sentence of death or life imprisonment);

(g) section 32 (causing discharge of prisoner under pretended authority);

(h) section 33 (assisting prisoners to escape by conveying things into prisons).

Theft Act (Northern Ireland) 1969 (c. 16 (N.I.)) N.I.

10 Offences under the following provisions of the Theft Act (Northern Ireland) 1969—

(a) section 1 (theft) subject to note 2 below;

(b) section 8 (robbery) subject to notes 1 and 3 below;

(c) section 9 (burglary) subject to note 2 below;

(d) section 10 (aggravated burglary) subject to notes 1 and 3 below;

(e) section 15 (obtaining property by deception) subject to note 2 below;

(f) section 20 (blackmail) subject to notes 1 and 2 below.

Protection of the Person and Property Act (Northern Ireland) 1969 (c. 29 (N.I.)) N.I.

11 Offences under the following provisions of the Protection of the Person and Property Act (Northern Ireland) 1969 [F5 subject to note 1 below]—

(a) section 1 (intimidation) F6 . . .;

(b) section 2 (making or possessing petrol bomb, etc. in suspicious circumstances);

(c) section 3 (throwing or using petrol bomb, etc).

Textual Amendments

F5 Words in Sch. 1 para. 11 inserted (8.4.1998) by 1998 c. 9, s. 2(2)(b)

F6 Words in Sch. 1 para. 11 repealed (8.4.1998) by 1998 c. 9, ss. 2(2)(b), 7(2), Sch. 2

Hijacking N.I.

12 Offences under section 1 of the M1 Aviation Security Act 1982 (aircraft) [F7 subject to note 1 below].

Textual Amendments

F7 Words in Sch. 1 para. 12 added (8.4.1998) by 1998 c. 9, s. 2(1)(b)

Marginal Citations

M1 1982 c. 36.

13 Offences in Northern Ireland under section 2 of the M2 Criminal Jurisdiction Act 1975 (vehicles or ships) [F8 subject to note 1 below].

Textual Amendments

F8 Words in Sch. 1 para. 13 added (8.4.1998) by 1998 c. 9, s. 2(1)(c)

Marginal Citations

M2 1975 c. 59.

Criminal Damage (Northern Ireland) Order 1977 (S.I. 1977/426 (N.I. 4)) N.I.

14 Offences under the following provisions of the Criminal Damage (Northern Ireland) Order 1977 subject to note 1 below—

(a) Article 3(1) and (3) or Article 3(2) and (3) (arson);

(b) Article 3(2) (destroying or damaging property with intent to endanger life);

(c) Article 4 (threats to destroy or damage property);

(d) Article 5 (possessing anything with intent to destroy or damage property).

Criminal Law (Amendment) (Northern Ireland) Order 1977 (S.I. 1977/1249 (N.I. 16)) N.I.

15 Offences under Article 3 of the Criminal Law (Amendment) (Northern Ireland) Order 1977 (bomb hoaxes) subject to note 1 below.

Firearms (Northern Ireland) Order 1981 (S.I. 1981/155 (N.I. 2)) N.I.

16 Offences under the following provisions of the Firearms (Northern Ireland) Order 1981 [F9 subject to note 1 below]—

(a) Article 4(1), (2), (3) or (4) (manufacturing, dealing in, repairing, etc, firearm or ammunition without being registered) F10 . . .;

(b) Article 5 (shortening barrel of shot gun or converting imitation firearm into firearm) F10 . . .;

(c) Article 6(1) (manufacturing, dealing in or possessing certain weapons, etc.) F10 . . .;

(d) Article 17 (possessing firearm or ammunition with intent to endanger life or cause serious damage to property);

(e) Article 18 (use or attempted use of firearm or imitation firearm to prevent arrest of self or another etc.);

(f) Article 19 (carrying firearm or imitation firearm with intent to commit indictable offence or prevent arrest of self or another);

(g) Article 20 (carrying firearm, etc, in public place) [F11 subject to note 4 below];

(h) Article 22 (possession of firearm or ammunition by person who has been sentenced to imprisonment, etc, and sale of firearm or ammunition to such a person) F10 . . .;

(i) Article 23 (possessing firearm or ammunition in suspicious circumstances).

Textual Amendments

F9 Words in Sch. 1 para. 16 inserted (8.4.1998) by 1998 c. 9, s. 2(2)(c)

F10 Words in Sch. 1 para. 16 repealed (8.4.1998) by 1998 c. 9, ss. 2(2)(c), 7(2), Sch. 2

F11 Words in Sch. 1 para. 16 substituted (8.4.1998) by 1998 c. 9, s. 7(1), Sch. 1 para. 3(5)(a)

Taking of Hostages Act 1982 (c. 28) N.I.

17 Offences under the Taking of Hostages Act 1982 [F12 subject to note 1 below].

Textual Amendments

F12 Words in Sch. 1 para. 17 added (8.4.1998) by 1998 c. 9, s. 2(1)(d)

Nuclear Material (Offences) Act 1983 (c. 18) N.I.

18 Offences under section 2 of the Nuclear Material (Offences) Act 1983 (offences involving nuclear material: preparatory acts and threats) [F13 subject to note 1 below].

Textual Amendments

F13 Words in Sch. 1 para. 18 added (8.4.1998) by 1998 c. 9, s. 2(1)(e)

Prevention of Terrorism (Temporary Provisions) Act 1989 (c. 4) N.I.

19 Offences under the following provisions of the Prevention of Terrorism (Temporary Provisions) Act 1989—

(a) section 8 (breach of exclusion order);

(b) sections 9, 10 and 11 (financial assistance for terrorism);

(c) section 17 and Schedule 7 (terrorist investigations);

(d) section 18 (information about acts of terrorism);

(e) section 18A (failure to disclose knowledge or suspicion of financial assistance for terrorism);

(f) paragraph 25B of Schedule 4 (contravention of restraint orders).

Aviation and Maritime Security Act 1990 (c. 31) N.I.

20 Offences under the following provisions of the Aviation and Maritime Security Act 1990 [F14 subject to note 1 below]-

(a) section 1 (endangering safety at aerodromes);

(b) section 9 (hijacking of ships);

(c) section 10 (seizing or exercising control of fixed platforms).

Textual Amendments

F14 Words in Sch. 1 para. 20 inserted (8.4.1998) by 1998 c. 9, s. 2(3)(b)

Channel Tunnel (Security) Order 1994 (S.I. 1994/570) N.I.

21 Offences under the following provisions of the Channel Tunnel (Security) Order 1994 [F15 subject to note 1 below]-

(a) Article 4 (hijacking of Channel Tunnel trains);

(b) Article 5 (seizing or exercising control of the tunnel system).

Textual Amendments

F15 Words in Sch. 1 para. 21 inserted (8.4.1998) by 1998 c. 9, s. 2(3)

This Act N.I.

22 Offences under the following provisions of this Act—

(a) section 21(5) [F16 subject to note 1 below];

(b) section 29;

(c) section 30;

(d) section 31;

(e) section 32;

(f) section 33;

(g) section 34;

(h) section 35;

(i) section 37 [F16 subject to note 1 below];

F17 (j) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F16 Words in Sch. 1 para. 22(a) and 22(i) added (8.4.1998) by 1998 c. 9, s. 2(1)(f)

F17 Words in Sch. 1 para. 22(j) repealed (8.4.1998) by 1998 c. 9, s. 7(2), Sch. 2

Notes N.I.

1 Any offence specified in this Part of this Schedule which is stated to be subject to this note is not a scheduled offence in any particular case in which the Attorney General for Northern Ireland certifies that it is not to be treated as a scheduled offence.

2 An offence specified in paragraph 10(a), (c) or (e) is a scheduled offence only where it is charged that the offence was committed in relation to or by means of nuclear material within the meaning of the M3 Nuclear Material (Offences) Act 1983; and the Attorney General for Northern Ireland shall not certify that the offence specified in paragraph 10(f) is not to be treated as a scheduled offence in a case where it is charged that the offence was so committed.

3 An offence specified in paragraph 10(b) or (d) is a scheduled offence only where it is charged—

(a) that an explosive, firearm, imitation firearm or weapon of offence was used to commit the offence; or

(b) that the offence was committed in relation to or by means of nuclear material within the meaning of the Nuclear Material (Offences) Act 1983;

and expressions defined in section 10 of the M4 Theft Act (Northern Ireland) 1969 have the same meaning when used in this note.

4 The offence specified in paragraph 16(g) is a scheduled offence only where it is charged that the offence relates to a weapon other than an air weapon.

Part II N.I. Inchoate and Related Offences

Each of the following offences, that is to say—

(a)

aiding, abetting, counselling, procuring or inciting the commission of an offence specified in Part I of this Schedule (hereafter in this paragraph referred to as a “substantive offence”);

(b)

attempting or conspiring to commit a substantive offence;

(c)

an offence under section 4 of the M5 Criminal Law Act (Northern Ireland) 1967 of doing any act with intent to impede the arrest or prosecution of a person who has committed a substantive offence;

(d)

an offence under section 5(1) of the Criminal Law Act (Northern Ireland) 1967 of failing to give information to a constable which is likely to secure, or to be of material assistance in securing, the apprehension, prosecution or conviction of a person for a substantive offence,

shall be treated for the purposes of this Act as if it were the substantive offence.

Marginal Citations

M5 1967 c. 18 (N.I.).

Part III N.I. Extra-Territorial Offences

Any extra-territorial offence as defined in section 1(3) of the M6 Criminal Jurisdiction Act 1975.

Marginal Citations

M6 1975 c. 59.