The Criminal Justice (Evidence) (Northern Ireland) Order 2004 (Categories of Offences) Order 2006

Statutory Rules of Northern Ireland

2006 No. 62

CRIMINAL EVIDENCE

The Criminal Justice (Evidence) (Northern Ireland) Order 2004 (Categories of Offences) Order 2006

Made

1st March 2006

Laid before Parliament

6th March 2006

Coming into operation

3rd April 2006

The Secretary of State, in exercise of the powers conferred upon him by Article 8(4)(b) of the Criminal Justice (Evidence) (Northern Ireland) Order 2004(1), hereby makes the following Order:

Citation and Commencement

1.  This Order may be cited as the Criminal Justice (Evidence) (Northern Ireland) Order 2004 (Categories of Offences) Order 2006 and shall come into operation on 3 April 2006.

2.—(1) The categories of offences set out in Parts 1 and 2 of the Schedule to this Order are hereby prescribed for the purposes of Article 8(4)(b) of the 2004 Order.

(2) Two offences are of the same category as each other if they are included in the same Part of the Schedule.

David Hanson

One of Her Majesty’s Principle Secretaries of State Northern Ireland Office

1st March 2006

Article 2

SCHEDULE 1 PRESCRIBED CATEGORIES OF OFFENCES

PART I THEFT CATEGORY

1.  An offence under section 7 of the Theft Act (Northern Ireland) 1969(2) (theft).

2.  An offence under section 8 of that Act (robbery).

3.  An offence under section 9 of that Act (burglary).

4.  An offence under section 10 of that Act (aggravated burglary).

5.  An offence under section 12 of that Act (taking motor vehicle or other conveyance without authority).

6.  An offence under section 21 of that Act (handling stolen goods).

7.  An offence under section 24 of that Act (going equipped for stealing).

8.  An offence under Article 5 of the Theft (Northern Ireland) Order 1978(3) (making off without payment).

9.  An offence under Article 172 of the Road Traffic (Northern Ireland) Order 1981(4) (aggravated vehicle taking).

10.  An offence of—

(a) aiding, abetting, counselling, procuring or inciting the commission of an offence specified in this Part of this Schedule; or

(b) attempting to commit an offence so specified.

PART II SEXUAL OFFENCES (PERSONS UNDER THE AGE OF 17) CATEGORY

1.  Rape if committed in relation to a person under the age of 17.

2.  An offence under section 52 of the Offences against the Person Act 1861(5) (indecent assault upon a female person) if it was committed in relation to a person under the age of 17.

3.  An offence under section 53 or 54 of that Act (abduction of a woman) if it was committed in relation to a person under the age of 17.

4.  An offence under section 2 of the Criminal Law Amendment Act 1885(6) (procuration of a girl under 21) if it was committed in relation to a person under the age of 17.

5.  An offence under section 3 of that Act (procuring defilement of a woman using threats, etc.) if it was committed in relation to a person under the age of 17.

6.  An offence under section 4 of that Act (unlawful carnal knowledge of a girl under 14).

7.  An offence under section 5 of that Act (unlawful carnal knowledge of a girl under 17).

8.  An offence under section 7 of that Act (abduction of girl under 18).

9.  An offence under section 1 of the Punishment of Incest Act 1908(7) (incest by males) if it was committed in relation to a person under the age of 17.

10.  An offence under section 2 of that Act (incest by females) if it was committed in relation to a person under the age of 17.

11.  An offence under section 21 of the Children and Young Persons Act (Northern Ireland) 1968(8) (causing or encouraging seduction, etc. of a girl under 17).

12.  An offence under section 22 of that Act (indecent conduct towards a child).

13.  An offence under Article 3 of the Protection of Children (Northern Ireland) Order 1978(9) (indecent photographs of children).

14.  An offence under Article 9 of the Criminal Justice (Northern Ireland) Order 1980(10) (inciting a girl under 16 to have incestuous sexual intercourse).

15.  An offence under Article 15 of the Criminal Justice (Evidence, Etc.) (Northern Ireland) Order 1988(11) (possession of indecent photographs of a child).

16.  An offence under Article 19 of the Criminal Justice (Northern Ireland) Order 2003(12) (buggery) if it was committed in relation to a person under the age of 17.

17.  An offence under Article 20 of that Order (assault with intent to commit buggery) if it was committed in relation to a person under the age of 17.

18.  An offence under Article 21 of that Order (indecent assault on a male) if it was committed in relation to a person under the age of 17.

19.  An offence under section 15 of the Sexual Offences Act 2003(13) (meeting a child following sexual grooming etc.).

20.  An offence under any of sections 16 to 19 or 47 to 50 of that Act (abuse of trust, prostitution, child pornography).

21.  An offence of—

(a) aiding and abetting, counselling or procuring the commission of that offence; or

(b) attempting, conspiring or inciting to commit that offence.

Explanatory Note

(This note is not part of the Order)

Under Article 8(4)(b) of the Criminal Justice (Evidence) (Northern Ireland) Order 2004 the Secretary of State may prescribe categories of offences which are “of the same category” for use as an indicator that a defendant has a propensity to commit offences of a certain type. The categories prescribed by this Order are theft and sexual offences (persons under the age of 17). Each category consists of offences of the same type.

(1)

S.I 2004/1501 (N.I. 10)

(2)

1969 c. 16 (N.I.)

(3)

S.I. 1978/1407 (N.I. 23)

(4)

S.I. 1981/154 (N.I. 1)

(5)

1861 c. 100

(6)

1885 c. 69

(7)

1908 c. 45

(8)

1968 c. 4

(9)

S.I. 1978/1047 (N.I.17)

(10)

S.I. 1980/704 (N.I.6)

(11)

S.I. 1988/1847 (N.I.17)

(12)

S.I. 2003/1247 (N.I.13)

(13)

2003 c. 42