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The Criminal Attempts and Conspiracy (Northern Ireland) Order 1983
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The Criminal Attempts and Conspiracy (Northern Ireland) Order 1983, Section 12 is up to date with all changes known to be in force on or before 23 April 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Changes and effects yet to be applied to Article 12:
- Instrument amended by 1998 c. 40 s.6
- Instrument rev. in pt. by 1998 c. 40 s.9(1) (2) Sch.1 Pt.II para.5 Sch.2 Pt.II
Restrictions on the institution of proceedings for conspiracyN.I.
12.—(1) Subject to paragraph (2), proceedings under Article 9 for conspiracy to commit any offence or offences shall not be instituted against any person except by or with the consent of the Director of Public Prosecutions for Northern Ireland if the offence or (as the case may be) each of the offences in question is an offence punishable only on summary conviction.
(2) In relation to the institution of proceedings under Article 9 for conspiracy to commit—
(a)an offence which is subject to a prohibition by or under any statutory provision on the institution of proceedings otherwise than by, or on behalf or with the consent of, the Attorney General for Northern Ireland, or
(b)two or more offences of which at least one is subject to such a prohibition,
paragraph (1) shall have effect with the substitution of a reference to the Attorney General for Northern Ireland for the reference to the Director of Public Prosecutions for Northern Ireland.
(3) Any prohibition by or under any statutory provision on the institution of proceedings for any offence which is not an offence punishable only on summary conviction otherwise than by, or on behalf or with the consent of, the Director of Public Prosecutions for Northern Ireland or any other person shall apply also in relation to proceedings under Article 9 for conspiracy to commit that offence.
(4) Where—
(a)an offence has been committed in pursuance of any agreement; and
(b)proceedings may not be instituted for that offence because any time limit applicable to the institution of any such proceedings has expired,
proceedings under Article 9 for conspiracy to commit that offence shall not be instituted against any person on the basis of that agreement.
[F1(5) Subject to paragraph (6), no proceedings for an offence triable by virtue of Article 9 above may be instituted except by or with the consent of the Attorney General for Northern Ireland.
(6) The Secretary of State may by order provide that paragraph (5) shall not apply, or shall not apply to any case of a description specified in the order.
(7) No order shall be made under paragraph (6) unless a draft has been laid before, and approved by resolution of, each House of Parliament.]
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