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Criminal Justice (Terrorism and Conspiracy) Act 1998

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This is the original version (as it was originally enacted).

6Northern Ireland

(1)The provision set out in section 5(1) shall be inserted after Article 9 of the [S.I. 1983/1120 (N.I. 13).] Criminal Attempts and Conspiracy (Northern Ireland) Order 1983 (conspiracy) as Article 9A, with the following modifications—

(a)for “this Part of this Act” substitute “this Part”;

(b)for “section 1(1) above” substitute “Article 9(1)”;

(c)for “England and Wales” substitute “Northern Ireland”;

(d)for “subsection (9) below” substitute “paragraph (9)”;

(e)for “subsection (8) above” substitute “paragraph (8)”;

(f)for “section 9(3) of the [1987 c. 38.] Criminal Justice Act 1987” substitute “Article 8(3) of the [S.I. 1988/1846 (N.I. 16).] Criminal Justice (Serious Fraud) (Northern Ireland) Order 1988”;

(g)for “this section” substitute “this article”; and

(h)for “subsection (6) above” substitute “paragraph (6)”.

(2)At the end of Article 12 of that Order (restrictions on the institution of proceedings) there shall be added—

(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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