Northern Ireland (Emergency Provisions) Act 1978

PART I Substantive Offences

Common law offences

1 Murder, subject to note 1 below.

2 Manslaughter, subject to note 1 below.

3 The common law offence of riot.

4 Kidnapping.

5 False imprisonment.

6 Assault occasioning actual bodily harm, subject to note 1 below.

[1861 c. 97.] Malicious Damage Act 1861

7 Offences under section 35 of the Malicious Damage Act 1861 (interference with railway).

[1867 c. 100.] Offences against the Person Act 1861

8 Offences under the following provisions of the Offences against the Person Act 1861, subject as mentioned below,—

(a) section 4 (conspiracy, etc. to murder) subject to note 2 below;

(b) section 16 (threats to kill) subject to note 2 below ;

(c) section 18 (wounding with intent to cause grievous bodily harm) subject to note 2 below ;

(d) section 20 (causing grievous bodily harm) subject to note 2 below;

(e) section 28 (causing grievous bodily harm by explosives) ;

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

(g) section 30 (placing explosive near building or ship with intent to do bodily injury).

[1883 c. 3.] Explosive Substances Act 1883

9 Offences under the following provisions of the Explosive Substances Act 1883—

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

(b) section 3 (attempting 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).

Prison Act (Northern Ireland) 1953

10 Offences under the following provisions of the [1953 c. 18 (N.I.).] 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).

Firearms Act (Northern Ireland) 1969

11 Offences under the following provisions of the [1969 c. 12 (N.I.).] Firearms Act (Northern Ireland) 1969—

(a) section 1(1) (possessing, purchasing or acquiring firearm or ammunition without certificate);

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

(c) section 3 (shortening barrel of shotgun or converting imitation firearm into firearm);

(d) section 4(1) (manufacturing, dealing in or possessing machine gun, or weapon discharging, or ammunition containing, noxious substance);

(e) section 14 (possessing firearm or ammunition with intent to endanger life or cause serious damage to property);

(f) section 15 (use or attempted use of firearm or imitation firearm to prevent arrest of self or another, etc.);

(g) section 16 (carrying firearm or imitation firearm with intent to commit indictable offence or prevent arrest of self or another);

(h) section 17 (carrying firearm, etc., in public place) subject to note 3 below ;

(i) section 19 (possession of firearm or ammunition by person who has been sentenced to imprisonment, etc., and sale of firearm or ammunition to such a person);

(j) section 19A (possessing firearm or ammunition in suspicious circumstances).

Theft Act (Northern Ireland) 1969

12 Offences under the following provisions of the [1969 c. 16 (N.I.).] Theft Act (Northern Ireland) 1969, subject to note 4 below,—

(a) section 8 (robbery);

(b) section 10 (aggravated burglary).

Protection of the Person and Property Act (Northern Ireland) 1969

13 Offences under the following provisions of the [1969 c. 29 (N.I.).] Protection of the Person and Property Act (Northern Ireland) 1969—

(a) section 1 (intimidation);

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

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

Hijacking

14 Offences under section 1 of the [1971 c. 70.] Hijacking Act 1971 (aircraft).

15 Offences in Northern Ireland under section 2 of the [1975 c. 59.] Criminal Jurisdiction Act 1975 (vehicles and ships).

Prevention of Terrorism (Temporary Provisions) Act 1976

16 Offences under the following provisions of the [1976 c. 8.] Prevention of Terrorism (Temporary Provisions) Act 1976—

(a) section 9 (breach of exclusion orders);

(b) section 10 (contributions towards acts of terrorism);

(c) section 11 (information about acts of terrorism).

Criminal Damage (Northern Ireland) Order 1977

17 Offences under the following provisions of the [S.I. 1977/426 (N.I. 4).] Criminal Damage (Northern Ireland) Order 1977, subject to note 2 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

18 Offences under Article 3 of the [S.I. 1977/1249 (N.I. 16).] Criminal Law (Amendment) (Northern Ireland) Order 1977 (bomb hoaxes), subject to note 2 below.

This Act

19 Offences under the following provisions of this Act—

(a) section 21 ;

(b) section 22 ;

(c) section 23 ;

(d) paragraph 13 of Schedule 1.

NOTES

1 Murder, manslaughter or an assault occasioning actual bodily harm 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 under—

(a) section 4, 16, 18 or 20 of the [1861 c. 100.] Offences Against the Person Act 1861 ; or

(b) section 25, 26, 27, 28, 29, 30, 32 or 33 of the [1953 c. 18 (N.I.).] Prison Act (Northern Ireland) 1953 ; or

(c) Article 3, 4 or 5 of the [S.I. 1977/426 (N.I. 4).] Criminal Damage (Northern Ireland) Order 1977 ; or

(d) Article 3 of the [S.I. 1977/1249 (N.I. 16).] Criminal Law (Amendment) (Northern Ireland) Order 1977,

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.

3 An offence under section 17 of the [1969 c. 12 (N.I.).] Firearms Act (Northern Ireland) 1969 is a scheduled offence only where it is charged that the offence relates to a weapon other than an air weapon.

4 Robbery and aggravated burglary are scheduled offences only where it is charged that an explosive, firearm, imitation firearm or weapon of offence was used to commit the offence; and expressions defined in section 10 of the [1969 c. 16 (N.I.).] Theft Act (Northern Ireland) 1969 have the same meaning when used in this note.