Northern Ireland (Emergency Provisions) (Amendment) Act 1975 (c. 62)

SCHEDULES

Section 18.

SCHEDULE 2 Amendments of Part I of Schedule 4 to the Principal Act

1 Part I of Schedule 4 to the principal Act shall be amended as set out below.

2 After paragraph 4B (inserted by paragraph 1(2) of Schedule 2 to the [1975 c. 59.] Criminal Jurisdiction Act 1975) insert—

“4C Assault occasioning actual bodily harm, subject to note 1 below.”

3 In paragraph 5 (malicious damage) after sub-paragraph (o) (inserted by the said Schedule 2) insert—

“(p) section 51 (injuries not provided for earlier in the Act) subject to note 1A below.”

4 In paragraph 6 (offences against the person) before sub-paragraph (a) insert—

“(aa) section 4 (conspiracy, etc. to murder) subject to note 2 below;”

and omit sub-paragraph (f).

5 After paragraph 7 insert—

“Prison Act (Northern Ireland) 1953

7A Offences under the following provisions of the Prison Act (Northern Ireland) 1953, subject to note 2 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).”

6 In paragraph 9 (firearms)—

• in sub-paragraph (a) for " 1 " substitute " 1(1) ";

• in sub-paragraph (b) for " 2 " substitute " 2(1), (2), (3) or (4) ";

• in sub-paragraph (d) for " 4 " substitute " 4(1) ";

• at the end of sub-paragraph (h) insert " , subject to note 3 below ".

7 After paragraph 12 insert—

“Northern Ireland (Emergency Provisions) (Amendment) Act 1975

13 Offences under the following provisions of the Northern Ireland (Emergency Provisions) (Amendment) Act 1975—

(a) section 15 (training in firearms, explosives, etc.),

(b) paragraph 13 of Schedule 1 (escape or rescue from detention, etc.).”

8 In Note 1, for the words "Neither murder nor manslaughter shall" substitute " Murder, manslaughter or an assault occasioning actual bodily harm shall not ".

9 After Note 1 insert—

“1A An offence under section 51 of the Malicious Damage Act 1861 shall be a scheduled offence only where it is charged that the damaged property was a motor vehicle as defined in the Road Traffic Act (Northern Ireland) 1970 or property in the occupation or possession of the Commissioners of Customs and Excise.”

10 In Note 2—

(a) for " 18, 20 or 47 " substitute " 4,18 or 20 ";

(b) after " 1861 " insert " or section 25, 26, 27, 28, 29, 30, 32 or 33 of the Prison Act (Northern Ireland) 1953 ".

11 For Note 3 substitute—

“3 An offence under section 17 of the Firearms Act (Northern Ireland) 1969 shall be a scheduled offence only where it is charged that the offence relates to a weapon other than an air weapon.”

12 In Note 4, for the words from " offensive weapon" onwards substitute " weapon of offence was used to commit the offence ; and expressions defined in section 10 of the Theft Act (Northern Ireland) 1969 have the same meaning when used in this note ".