SCHEDULES
SCHEDULE 9Scheduled Offences
Part ISubstantive Offences
Common law offences
1
Murder subject to note 1 below.
2
Manslaughter subject to note 1 below.
3
Riot subject to note 1 below.
4
Kidnapping subject to note 1 below.
5
False imprisonment subject to note 1 below.
Malicious Damage Act 1861 (c. 97)
6
Offences under section 35 of the [1861 c. 97] Malicious Damage Act 1861 (interference with railway) subject to note 1 below.
Offences against the Person Act 1861 (c. 100)
7
Offences under the following provisions of the [1861 c. 100.] Offences against the Person Act 1861 subject to note 1 below—
a
section 4 (offences relating to murder),
b
section 16 (threats to kill),
c
section 18 (wounding with intent to cause grievous bodily harm),
d
section 20 (causing grievous bodily harm),
e
section 29 (causing explosion or sending explosive substance or throwing corrosive liquid with intent to cause grievous bodily harm), and
f
section 47 (assault occasioning actual bodily harm).
Explosive Substances Act 1883 (c. 3)
8
Offences under the following provisions of the [1883 c. 3.] Explosive Substances Act 1883 subject to note 1 below—
a
section 2 (causing explosion likely to endanger life or damage property),
b
section 3 (intending or conspiring to cause any such explosion, and making or possessing explosive with intent to endanger life or cause serious damage to property), and
c
section 4 (making or possessing explosives in suspicious circumstances).
Prison Act (Northern Ireland) 1953 (c. 18 (N.I.))
9
Offences under the following provisions of the [1953 c. 18(N.I.).] Prison Act (Northern Ireland) 1953 subject to note 1 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), and
h
section 33 (assisting prisoners to escape by conveying things into prisons).
Theft Act (Northern Ireland) 1969 (c. 16 (N.I.))
10
Offences under the following provisions of the [1969 c. 16(N.I.).] Theft Act (Northern Ireland) 1969—
a
section 1 (theft) subject to note 2 below,
b
section 8 (robbery) subject to notes 1 and 3 below,
c
section 9 (burglary) subject to note 2 below,
d
section 10 (aggravated burglary) subject to notes 1 and 3 below,
e
section 15 (obtaining property by deception) subject to note 2 below, and
f
section 20 (blackmail) subject to notes 1 and 2 below.
Protection of the Person and Property Act (Northern Ireland) 1969 (c. 29 (N.I.))
11
Offences under the following provisions of the [1969 c. 29(N.I.).] Protection of the Person and Property Act (Northern Ireland) 1969 subject to note 1 below—
a
section 1 (intimidation),
b
section 2 (making or possessing petrol bomb, etc. in suspicious circumstances), and
c
section 3 (throwing or using petrol bomb, etc.).
Hijacking
12
Offences under section 1 of the [1982 c. 36.] Aviation Security Act 1982 (aircraft) subject to note 1 below.
13
Offences in Northern Ireland under section 2 of the [1975 c. 59.] Criminal Jurisdiction Act 1975 (vehicles or ships) subject to note 1 below.
Criminal Damage (Northern Ireland) Order 1977 (S.I. 1977/426 (N.I. 4))
14
Offences under the following provisions of the [S.I. 1977/426 (N.I. 4).] Criminal Damage (Northern Ireland) Order 1977 subject to note 1 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), and
d
Article 5 (possessing anything with intent to destroy or damage property).
Criminal Law (Amendment) (Northern Ireland) Order 1977 (S.I. 1977/1249 (N.I. 16))
15
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 1 below.
Firearms (Northern Ireland) Order 1981 (S.I. 1981/155 (N.I. 2))
16
Offences under the following provisions of the [S.I. 1981/155 (N.I. 2] Firearms (Northern Ireland) Order 1981 subject to note 1 below—
a
Article 4(1), (2), (3) or (4) (manufacturing, dealing in, repairing, etc, firearm or ammunition without being registered),
b
Article 5 (shortening barrel of shot gun or converting imitation firearm into firearm),
c
Article 6(1) (manufacturing, dealing in or possessing certain weapons, etc.),
d
Article 17 (possessing firearm or ammunition with intent to endanger life or cause serious damage to property),
e
Article 18 (use or attempted use of firearm or imitation firearm to prevent arrest of self or another etc.),
f
Article 19 (carrying firearm or imitation firearm with intent to commit indictable offence or prevent arrest of self or another),
g
Article 20 (carrying firearm, etc. in public place) subject to note 4 below,
h
Article 22 (possession of firearm or ammunition by person who has been sentenced to imprisonment, etc. and sale of firearm or ammunition to such a person), and
i
Article 23 (possessing firearm or ammunition in suspicious circumstances).
Taking of Hostages Act 1982 (c. 28)
17
Offences under the [1982 c. 28] Taking of Hostages Act 1982 subject to note 1 below.
Nuclear Material (Offences) Act 1983 (c. 18)
18
Offences under section 2 of the [1983 c. 18] Nuclear Material (Offences) Act 1983 (offences involving nuclear material: preparatory acts and threats) subject to note 1 below.
Computer Misuse Act 1990 (c. 18)
19
Offences under the following provisions of the [1990 c. 18] Computer Misuse Act 1990 subject to note 1 below—
a
section 1 (unauthorised access to computer material),
b
section 2 (unauthorised access with intent to commit further offence), and
c
section 3 (unauthorised modification).
Aviation and Maritime Security Act 1990 (c. 31)
20
Offences under the following provisions of the [1990 c. 31] Aviation and Maritime Security Act 1990 subject to note 1 below—
a
section 1 (endangering safety at aerodromes),
b
section 9 (hijacking of ships), and
c
section 10 (seizing or exercising control of fixed platforms).
Channel Tunnel (Security) Order 1994 (S.I. 1994/570)
21
Offences under the following provisions of [S.I. 1994/570] the Channel Tunnel (Security) Order 1994 subject to note 1 below—
a
Article 4 (hijacking of Channel Tunnel trains), and
b
Article 5 (seizing or exercising control of the tunnel system).
This Act
22
Offences under the following provisions of this Act—
a
section 11,
b
section 12,
c
section 13,
d
sections 15 to 19,
e
section 54,
f
section 56,
g
section 57,
h
section 58,
i
section 103,
j
paragraph 37 of Schedule 4,
k
Schedule 5,
l
paragraph 10 of Schedule 10 subject to note 1 below, and
m
paragraphs 2 and 3 of Schedule 13 subject to note 1 below.
Notes
1
Any offence specified in this Part of this Schedule which is stated to be subject to this note 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 specified in paragraph 10(a), (c) or (e) is a scheduled offence only where it is charged that the offence was committed in relation to or by means of nuclear material within the meaning of the [1983 c. 18.] Nuclear Material (Offences) Act 1983; and the Attorney General for Northern Ireland shall not certify that the offence specified in paragraph 10(f) is not to be treated as a scheduled offence in a case where it is charged that the offence was so committed.
3
An offence specified in paragraph 10(b) or (d) is a scheduled offence only where it is charged—
a
that an explosive, firearm, imitation firearm or weapon of offence was used to commit the offence, or
b
that the offence was committed in relation to or by means of nuclear material within the meaning of the [1983 c. 18.] Nuclear Material (Offences) Act 1983;
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.
4
The offence specified in paragraph 16(g) is a scheduled offence only where it is charged that the offence relates to a weapon other than an air weapon.
Part IIInchoate and Related Offences
Each of the following offences, that is to say—
a
aiding, abetting, counselling, procuring or inciting the commission of an offence specified in Part I of this Schedule (hereafter in this paragraph referred to as a “substantive offence”),
b
attempting or conspiring to commit a substantive offence,
c
an offence under section 4 of the [1967 c. 18(N.I.).] Criminal Law Act (Northern Ireland) 1967 of doing any act with intent to impede the arrest or prosecution of a person who has committed a substantive offence, and
d
an offence under section 5(1) of the [1967 c. 18(N.I.).] Criminal Law Act (Northern Ireland) 1967 of failing to give information to a constable which is likely to secure, or to be of material assistance in securing, the apprehension, prosecution or conviction of a person for a substantive offence,
shall be treated for the purposes of Part VII of this Act as if it were the substantive offence.
Part IIIExtra-Territorial Offences
Any extra-territorial offence as defined in section 1(3) of the [1975 c. 59.] Criminal Jurisdiction Act 1975.
Note
An extra-territorial offence 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.