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SCHEDULES

SCHEDULE 9N.I. Scheduled Offences

Part IN.I. Substantive Offences

Common law offencesN.I.

1Murder F1. . . .N.I.

Annotations:

Amendments (Textual)

F1Words in Sch. 9 Pt. I para. 1 repealed (19.2.2006) by Terrorism (Northern Ireland) Act 2006 (c. 4), ss. {3(1)(a)}, 5(2)(3), {Sch.}

2Manslaughter F2. . . .N.I.

Annotations:

Amendments (Textual)

F2Words in Sch. 9 Pt. I para. 2 repealed (19.2.2006) by Terrorism (Northern Ireland) Act 2006 (c. 4), ss. {3(1)(a)}, 5(2)(3), {Sch.}

3Riot F3. . . .N.I.

Annotations:

Amendments (Textual)

F3Words in Sch. 9 Pt. I para. 3 repealed (19.2.2006) by Terrorism (Northern Ireland) Act 2006 (c. 4), ss. {3(1)(a)}, 5(2)(3), {Sch.}

4Kidnapping F4. . . .N.I.

Annotations:

Amendments (Textual)

F4Words in Sch. 9 Pt. I para. 4 repealed (19.2.2006) by Terrorism (Northern Ireland) Act 2006 (c. 4), ss. {3(1)(a)}, 5(2)(3), {Sch.}

5False imprisonment F5. . . .N.I.

Annotations:

Amendments (Textual)

F5Words in Sch. 9 Pt. I para. 5 repealed (19.2.2006) by Terrorism (Northern Ireland) Act 2006 (c. 4), ss. {3(1)(a)}, 5(2)(3), {Sch.}

Malicious Damage Act 1861 (c. 97)N.I.

6Offences under section 35 of the M1Malicious Damage Act 1861 (interference with railway) F6. . . .N.I.

Annotations:

Amendments (Textual)

F6Words in Sch. 9 Pt. I para. 6 repealed (19.2.2006) by Terrorism (Northern Ireland) Act 2006 (c. 4), ss. {3(1)(a)}, 5(2)(3), {Sch.}

Marginal Citations

Offences against the Person Act 1861 (c. 100)N.I.

7Offences under the following provisions of the M2Offences against the Person Act 1861 F7. . . —N.I.

(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).

Annotations:

Amendments (Textual)

F7Words in Sch. 9 Pt. I para. 7 repealed (19.2.2006) by Terrorism (Northern Ireland) Act 2006 (c. 4), ss. {3(1)(a)}, 5(2)(3), {Sch.}

Marginal Citations

Explosive Substances Act 1883 (c. 3)N.I.

8Offences under the following provisions of the M3Explosive Substances Act 1883 F8. . . —N.I.

(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).

Annotations:

Amendments (Textual)

F8Words in Sch. 9 Pt. I para. 8 repealed (19.2.2006) by Terrorism (Northern Ireland) Act 2006 (c. 4), ss. {3(1)(a)}, 5(2)(3), {Sch.}

Marginal Citations

Prison Act (Northern Ireland) 1953 (c. 18 (N.I.))N.I.

9Offences under the following provisions of the M4Prison Act (Northern Ireland) 1953 F9. . . —N.I.

(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).

Annotations:

Amendments (Textual)

F9Words in Sch. 9 Pt. I para. 9 repealed (19.2.2006) by Terrorism (Northern Ireland) Act 2006 (c. 4), ss. {3(1)(a)}, 5(2)(3), {Sch.}

Marginal Citations

Theft Act (Northern Ireland) 1969 (c. 16 (N.I.))N.I.

10[F10Subject to notes 2 and 3 below,] offences under the following provisions of the M5Theft Act (Northern Ireland) 1969—N.I.

(a)section 1 (theft) F11. . . ,

(b)section 8 (robbery) F11. . . ,

(c)section 9 (burglary) F11. . . ,

(d)section 10 (aggravated burglary) F11. . . , [F12and]

(e)F13. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(f)section 20 (blackmail) F11. . . .

Annotations:

Amendments (Textual)

F10Words in Sch. 9 Pt. I para. 10 inserted (19.2.2006) by Terrorism (Northern Ireland) Act 2006 (c. 4), ss. {3(2)(a)}, 5(3)

F11Words in Sch. 9 Pt. I para. 10 repealed (19.2.2006) by Terrorism (Northern Ireland) Act 2006 (c. 4), ss. {3(2)(b)}, 5(2)(3), {Sch.}

F12Word in Sch. 9 Pt. 1 para. 10(d) inserted (15.1.2007) by Fraud Act 2006 (c. 35), s. 14(1), Sch. 1 para. 30(1); S.I. 2006/3200, art. 2

F13Sch. 9 Pt. 1 para. 10(e) repealed (15.1.2007) by Fraud Act 2006 (c. 35), s. 14(1)(3), Sch. 1 para. 30(1), Sch. 3; S.I. 2006/3200, art. 2

Marginal Citations

Protection of the Person and Property Act (Northern Ireland) 1969 (c. 29 (N.I.))N.I.

11Offences under the following provisions of the M6Protection of the Person and Property Act (Northern Ireland) 1969 F14. . . —N.I.

(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.).

Annotations:

Amendments (Textual)

F14Words in Sch. 9 Pt. I para. 11 repealed (19.2.2006) by Terrorism (Northern Ireland) Act 2006 (c. 4), ss. {3(1)(a)}, 5(2)(3), {Sch.}

Marginal Citations

HijackingN.I.

12Offences under section 1 of the M7Aviation Security Act 1982 (aircraft) F15. . . .N.I.

Annotations:

Amendments (Textual)

F15Words in Sch. 9 Pt. I para. 12 repealed (19.2.2006) by Terrorism (Northern Ireland) Act 2006 (c. 4), ss. {3(1)(a)}, 5(2)(3), {Sch.}

Marginal Citations

13Offences in Northern Ireland under section 2 of the M8Criminal Jurisdiction Act 1975 (vehicles or ships) F16. . . .N.I.

Annotations:

Amendments (Textual)

F16Words in Sch. 9 Pt. I para. 13 repealed (19.2.2006) by Terrorism (Northern Ireland) Act 2006 (c. 4), ss. {3(1)(a)}, 5(2)(3), {Sch.}

Marginal Citations

Criminal Damage (Northern Ireland) Order 1977 (S.I. 1977/426 (N.I. 4))N.I.

14Offences under the following provisions of the M9Criminal Damage (Northern Ireland) Order 1977 F17. . . —N.I.

(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).

Annotations:

Amendments (Textual)

F17Words in Sch. 9 Pt. I para. 14 repealed (19.2.2006) by Terrorism (Northern Ireland) Act 2006 (c. 4), ss. {3(1)(a)}, 5(2)(3), {Sch.}

Marginal Citations

Criminal Law (Amendment) (Northern Ireland) Order 1977 (S.I. 1977/1249 (N.I. 16))N.I.

15Offences under Article 3 of the M10Criminal Law (Amendment) (Northern Ireland) Order 1977 (bomb hoaxes) F18. . . .N.I.

Annotations:

Amendments (Textual)

F18Words in Sch. 9 Pt. I para. 15 repealed (19.2.2006) by Terrorism (Northern Ireland) Act 2006 (c. 4), ss. {3(1)(a)}, 5(2)(3), {Sch.}

Marginal Citations

[F19 Firearms (Northern Ireland) Order 2004 ( S.I. 2004/ (N.I. )) ] N.I.

Annotations:

Amendments (Textual)

[F2016 Offences under the following provisions of the Firearms (Northern Ireland) Order 2004 F21 . . . — N.I.

(a) Article 24(1)(manufacturing, dealing in, repairing, etc. , firearm or ammunition without firearms dealer’s certificate),

(b) Article 37(1), (2) or (4)(sale, etc. , of firearm or ammunition),

(c) Article 45(1)(manufacturing, dealing in or possessing certain weapons, etc. ),

(d)Article 58(1)(possessing firearm or ammunition with intent to endanger life or cause serious damage to property),

(e)Article 59 (use or attempted use of firearm or imitation firearm to prevent arrest of self or another),

(f)Article 60 (carrying firearm or imitation firearm with intent to commit indictable offence or prevent arrest of self or another),

(g) Article 61 (carrying firearm, etc. in public place) subject to note 4 below,

(h) Article 63 (possession of firearm or ammunition by person who has been sentenced to imprisonment, etc. and sale of firearm or ammunition to such a person),

(i)Article 64 (possessing firearm or ammunition in suspicious circumstances), and

(j)Article 67 (shortening barrel of shotgun or converting imitation firearm into firearm).]

Annotations:

Amendments (Textual)

F21Words in Sch. 9 Pt. I para. 16 repealed (19.2.2006) by Terrorism (Northern Ireland) Act 2006 (c. 4), ss. {3(1)(a)}, 5(2)(3), {Sch.}

Taking of Hostages Act 1982 (c. 28)N.I.

17Offences under the M11Taking of Hostages Act 1982 F22. . . .N.I.

Annotations:

Amendments (Textual)

F22Words in Sch. 9 Pt. I para. 17 repealed (19.2.2006) by Terrorism (Northern Ireland) Act 2006 (c. 4), ss. {3(1)(a)}, 5(2)(3), {Sch.}

Marginal Citations

Nuclear Material (Offences) Act 1983 (c. 18)N.I.

18Offences under section 2 of the M12Nuclear Material (Offences) Act 1983 (offences involving nuclear material: preparatory acts and threats) F23. . . .N.I.

Annotations:

Amendments (Textual)

F23Words in Sch. 9 Pt. I para. 18 repealed (19.2.2006) by Terrorism (Northern Ireland) Act 2006 (c. 4), ss. {3(1)(a)}, 5(2)(3), {Sch.}

Marginal Citations

Computer Misuse Act 1990 (c. 18)N.I.

19Offences under the following provisions of the M13Computer Misuse Act 1990 F24. . . —N.I.

(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).

Annotations:

Amendments (Textual)

F24Words in Sch. 9 Pt. I para. 19 repealed (19.2.2006) by Terrorism (Northern Ireland) Act 2006 (c. 4), ss. {3(1)(a)}, 5(2)(3), {Sch.}

Marginal Citations

Aviation and Maritime Security Act 1990 (c. 31)N.I.

20Offences under the following provisions of the M14Aviation and Maritime Security Act 1990 F25. . . —N.I.

(a)section 1 (endangering safety at aerodromes),

(b)section 9 (hijacking of ships), and

(c)section 10 (seizing or exercising control of fixed platforms).

Annotations:

Amendments (Textual)

F25Words in Sch. 9 Pt. I para. 20 repealed (19.2.2006) by Terrorism (Northern Ireland) Act 2006 (c. 4), ss. {3(1)(a)}, 5(2)(3), {Sch.}

Marginal Citations

Channel Tunnel (Security) Order 1994 (S.I. 1994/570)N.I.

21Offences under the following provisions of M15the Channel Tunnel (Security) Order 1994 F26. . . —N.I.

(a)Article 4 (hijacking of Channel Tunnel trains), and

(b)Article 5 (seizing or exercising control of the tunnel system).

Annotations:

Amendments (Textual)

F26Words in Sch. 9 Pt. I para. 21 repealed (19.2.2006) by Terrorism (Northern Ireland) Act 2006 (c. 4), ss. {3(1)(a)}, 5(2)(3), {Sch.}

Marginal Citations

This ActN.I.

22Offences under the following provisions of this Act—N.I.

(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 F27. . . , and

(m)paragraphs 2 and 3 of Schedule 13 F27. . . .

Annotations:

Amendments (Textual)

F27Words in Sch. 9 Pt. I para. 22 repealed (19.2.2006) by Terrorism (Northern Ireland) Act 2006 (c. 4), ss. {3(1)(a)}, 5(2)(3), {Sch.}

[F28Justice (Northern Ireland) Act 2004N.I.

Annotations:

Amendments (Textual)

F28Sch. 9 Pt. 1 para. 22A and preceding cross-heading inserted (14.7.2004) by Justice (Northern Ireland) Act 2004 (c. 4), s. 11, Sch. 2 para. 1(5) (with para. 5); S.R. 2004/267, art. 2

22A Offences under paragraph 1(1) or (2) of Schedule 2 to the Justice (Northern Ireland) Act 2004 (absconding by persons admitted to bail in respect of a scheduled offence), F29 . . . . ] N.I.

Annotations:

Amendments (Textual)

F29Words in Sch. 9 Pt. I para. 22A repealed (19.2.2006) by Terrorism (Northern Ireland) Act 2006 (c. 4), ss. {3(1)(a)}, 5(2)(3), {Sch.}

[F30Prevention of Terrorism Act 2005N.I.

Annotations:

Amendments (Textual)

F30Sch. 9 Pt. 1 para. 22B and preceding cross-heading inserted (19.2.2006) by Terrorism (Northern Ireland) Act 2006 (c. 4), ss. {3(3)}, 5(3)

22BOffences under section 9 of the Prevention of Terrorism Act 2005 (contravention of control order obligations and obstruction of persons serving control order).]N.I.

[F31Terrorism Act 2006N.I.

Annotations:

Amendments (Textual)

F31Sch. 9 Pt. 1 para. 22C and preceding cross-heading inserted (13.4.2006) by Terrorism Act 2006 (c. 11), s. 37(4); S.I. 2006/1013, art. 2

22COffences under Part 1 of the Terrorism Act 2006 (terrorism-related offences).]N.I.

[F32Fraud Act 2006N.I.

Annotations:

Amendments (Textual)

F32Sch. 9 Pt. 1 para. 23 and preceding cross-heading inserted after para. 22 (15.1.2007) by Fraud Act 2006 (c. 35), s. 14(1), Sch. 1 para. 30(2); S.I. 2006/3200, art. 2

23Offences under section 1 of the Fraud Act 2006 (fraud) subject to note 2 below.]N.I.

NotesN.I.

1Any offence specified in this Part of this Schedule F33. . . is not a scheduled offence in any particular case in which the [F34 Advocate General for Northern Ireland ] certifies that it is not to be treated as a scheduled offence.N.I.

Annotations:

Amendments (Textual)

F33Words in Sch. 9 Pt. I Note 1 repealed (19.2.2006) by Terrorism (Northern Ireland) Act 2006 (c. 4), ss. {3(1)(a)}, 5(2)(3), {Sch.}

2An offence specified in [F35paragraph 10(a) or (c) or 23] 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 M16Nuclear Material (Offences) Act 1983 F36. . . N.I.

Annotations:

Amendments (Textual)

F35Words in Sch. 9 Pt. 1 note 2 substituted (15.1.2007) by Fraud Act 2006 (c. 35), s. 14(1), Sch. 1 para. 30(3); S.I. 2006/3200, art. 2

F36Words in Sch. 9 Pt. I note 2 repealed (19.2.2006) by Terrorism (Northern Ireland) Act 2006, ss. {3(1)(b)}, 5(2)(3), {Sch.}

Marginal Citations

3An offence specified in paragraph 10(b) or (d) is a scheduled offence only where it is charged—N.I.

(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 M17Nuclear Material (Offences) Act 1983;

and expressions defined in section 10 of the M18Theft Act (Northern Ireland) 1969 have the same meaning when used in this note.

Annotations:

Marginal Citations

4The 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.N.I.

[F375Notes 2 to 4 are subject to note 1.]N.I.

Annotations:

Amendments (Textual)

F37Sch. 9 Pt. I Note 5 inserted (19.2.2006) by Terrorism (Northern Ireland) Act 2006 (c. 4), ss. {3(1)(c)}, 5(3)