The Nationality, Immigration and Asylum Act 2002 (Specification of Particularly Serious Crimes) Order 2004

SCHEDULE 4 OFFENCES UNDER THE COMMON LAW OF NORTHERN IRELAND AND STATUTORY OFFENCES THAT APPLY ONLY IN NORTHERN IRELAND

1.  Offences under the Common Law of Northern Ireland.

• Affray.

• Rape.

• Rioting.

2.  Statutory offences that apply only in Northern Ireland.

Offences under the Offences Against the Person Act 1861

Section 52 (indecently assaulting a woman or a girl under 16).

Section 53 (abducting a woman by force, intending to have sexual intercourse with her).

Offences under the Criminal Law (Amendment) Act 1885(1)

Section 4 (having unlawful sexual intercourse with a girl under 13).

Section 5 (having unlawful sexual intercourse with a girl under 16).

Offences under the Infanticide Act (Northern Ireland) 1939(2)

Section 1(1) (doing a wilful act causing the death of a child before it is over 12 months old, where that act is done by the mother of the child and her balance of mind is disturbed for reasons relating to lactation or the birth of the child).

Offences under the Criminal Justice Act (Northern Ireland) 1945(3)

Section 25(1) (doing a wilful act, intending to destroy the life of a child capable of being born alive that causes the child to die before it is born).

Offences under the Attempted Rape Act (Northern Ireland) 1960(4)

Section 2 (committing assault intending to commit rape)(5).

Offences under the Children and Young Persons Act (Northern Ireland) 1968(6)

Section 20(1) (wilfully assaulting, ill-treating, neglecting, abandoning or exposing, or causing such, of a child of 16 where the offender has responsibility for the victim, in a manner likely to cause the victim unnecessary suffering or injury to health).

Section 22 (committing an act of gross indecency with or towards a child or inciting a child to perform such an act).

Offences under the Theft Act (Northern Ireland) 1969(7)

Section 1(1) (dishonestly appropriating another’s property, intending to permanently deprive him of it).

Section 8(1) (stealing, and before or at the time of doing so, using force or putting another in fear of being there and then subjected to force).

Section 9(1)(a) (entering a building as a trespasser, intending to steal, inflict or attempt to inflict grievous bodily harm or rape).

Section 9(1)(b) (having entered a building as a trespasser, stealing or attempting to steal or inflicting or attempting to inflict grievous bodily harm).

Section 10(1) (committing burglary with a firearm or imitation firearm, a weapon of offence or an explosive).

Offences under the Protection of the Person and Property Act (Northern Ireland) 1969(8)

Section 3 (throwing, placing, attaching or using a petrol bomb, intending to destroy, or damage, the property of another, or to cause personal injury to another, or to give another reasonable cause to fear any destruction of property or personal injury or being reckless in regard to causing any such destruction, damage, injury or fear).

Offences under the Criminal Damage (Northern Ireland) Order 1977(9)

Article 3(1) (destroying or damaging, without lawful excuse, another’s property, intending to destroy or damage it or being reckless as to that).

Article 3(2) (destroying or damaging, without lawful excuse, property, intending, or being reckless as to whether, that destruction or damage would result and intending that damage or destruction to endanger the life of another or being reckless as to that).

Article 4 (threatening, without lawful excuse, to destroy or damage property, knowing that such a threat is likely to endanger another’s life).

Section 5(a) (having in custody or under control anything, intending, without lawful excuse, to use, or permit use of, it to destroy or damage another’s property).

Section 5(b) (having in custody or under control anything, intending, without lawful excuse, to use, or permit use of, it to destroy or damage property knowing that such an act is likely to endanger another’s life).

Offences under the Criminal Law (Amendment) (Northern Ireland) Order 1977(10)

Article 3(1) (placing or sending an article, intending to induce a belief that it is likely to explode or ignite and cause personal injury or damage to property).

Article 3(2) (communicating information, knowing or believing it to be false and intending to induce a false belief that a bomb or other explosive device is present).

Offences under the Firearms (Northern Ireland) Order 1981(11)

Article 6(1) (possessing, purchasing, acquiring, manufacturing, selling or transferring any of the items referred to in Article 6(1) of the Firearms (Northern Ireland) Order 1981).

Article 6(1A) (possessing, purchasing, acquiring, manufacturing, selling or transferring any of the items referred to in article 6(1A) of the Firearms (Northern Ireland) Order 1981)(12).

Article 17 (possessing a firearm or ammunition, intending to endanger life or cause serious injury to property or to enable another to do so).

Article 17A (possessing a firearm or imitation firearm, intending to cause, or enable another to cause, a person to believe that he will be the victim of unlawful violence)(13).

Article 18(1) (making or attempting to make use of a firearm or imitation firearm, intending to resist or prevent the lawful arrest or detention of himself or any other person).

Article 18(2) (committing, or being arrested for, an offence specified in Schedule 1 of the Firearms (Northern Ireland) Order 1981 and possessing a firearm or imitation firearm without lawful object).

Article 19(1) (having a firearm or imitation firearm, intending to commit an indictable offence, or to resist arrest or to prevent the arrest of another).

Article 20(1) (having, without lawful authority or reasonable excuse, in public a loaded shot gun, loaded air weapon or any other firearm together with ammunition suitable for use in that firearm).

Article 21(1) (having a firearm, or imitation firearm when trespassing in a building without reasonable excuse).

Article 21(2) (having a firearm, or imitation firearm when trespassing on land without reasonable excuse).

Article 23 (possessing a firearm or ammunition giving rise to a reasonable suspicion that such possession is not for a lawful object).

Offences under the Magistrates Courts (Northern Ireland) Order 1981(14)

Article 59 (aiding, abetting, counselling or procuring the commission of a summary offence, provided that the offence in question is described in Schedule 1 to this Order or this Schedule).

Offences under the Criminal Attempts and Conspiracy (Northern Ireland) Order 1983(15)

Article 3 (intending to commit an offence and doing an act that is more than merely preparatory to the commission of that offence, provided that the offence in question is described in Schedule 1 to this Order or this Schedule).

Article 9 (agreeing to pursue a course of conduct which, if carried out as intended, necessarily amounts to the commission of an offence to, or would do so but for the fact that such commission is impossible, provided that the offence in question is described in Schedule 1 to this Order or this Schedule).

Offences under the Public Order (Northern Ireland) Order 1987(16)

Article 18 (using threatening, abusive, or insulting words or behaviour, displaying anything, doing any act or, being the owner or occupier of any land or premises, causing or permitting anything to be displayed or any act to be done, intending to provoke a breach of the peace or by which a breach of the peace or public disorder is likely to be occasioned).

Offences under the Road Traffic (Northern Ireland) Order 1995(17)

Article 9 (causing the death of, or grievous bodily injury to, another by driving a mechanically propelled vehicle dangerously on a road or other public place) .

Article 14(1)(a) (causing the death of, or grievous bodily injury to, another by driving without due care and attention, or without reasonable consideration, and being unfit to drive through drink or drugs).

Article 14(1)(b) (causing the death of, or grievous bodily injury to, another by driving without due care and attention, or without reasonable consideration, having consumed so much alcohol that the proportion of it in his breath, blood or urine exceeds the prescribed limit).

Article 14(1)(c) (causing the death of, or grievous bodily injury to, another by driving without due care and attention or without reasonable consideration and failing, without reasonable excuse, to provide a specimen in pursuance of Article 18 of the Road Traffic (Northern Ireland) Order 1995 within 18 hours of that incident).

Offences under the Protection from Harassment (Northern Ireland) Order 1997(18)

Article 6 (causing fear in another on at least two occasions that violence will be used against him, where the offender knows or ought to know that his course of conduct will cause such fear on each of those occasions).

Offences under the Criminal Justice (Northern Ireland) Order 2003(19)

Article 20 (committing assault, intending to commit buggery).

Article 21(1) (indecently assaulting a man).

(1)

1885 Ch. 69.

(2)

1939 c. 5 (NI).

(3)

1945 c. 15 (NI).

(4)

1960 c. 60 (NI).

(5)

Section 2 was amended by article 12(3) of the Treatment of Offenders (Northern Ireland) Order 1989 (1989 NI 15) and paragraph 4 of Schedule 1 to the Criminal Justice (Northern Ireland) Order 2003 (2003 NI 13).

(6)

1968 c. 34 (NI).

(7)

1969 c. 16 (NI).

(8)

1969 c. 29 (NI).

(9)

1977 NI 4.

(10)

1977 NI 16.

(11)

1981 NI 2.

(12)

Article 6(1A) was inserted by regulation 4(1)(a) of the Firearms (Northern Ireland) 1981 (Amendment) Regulations 1992 (S.I. 1992/3267).

(13)

Article 17A was inserted by article 3(1) of the Firearms (Amendment) (Northern Ireland) Order (1994 NI 17).

(14)

1961 NI 26.

(15)

1983 NI 13.

(16)

1987 NI 7.

(17)

1995 NI 18.

(18)

1997 NI 9.

(19)

2003 NI 13.