Criminal Jurisdiction Act 1975

SCHEDULES

Section 1.

SCHEDULE 1 Offences in Republic of Ireland Triable in Northern Ireland

PART I

Common law offences

1 Murder.

2 Manslaughter.

3 The common law offence of arson.

4 Kidnapping.

5 False imprisonment.

Malicious damage

6 An offence under any of the following provisions of the [1861 c. 97.] Malicious Damage Act 1861—

(i) section 1 (setting fire to church, etc.) ;

(ii) section 2 (setting fire to a dwelling house while a person is inside);

(iii) section 3 (setting fire to house, outhouse or business or farming premises with intent to injure or defraud any person) ;

(iv) section 4 (setting fire to railway station, etc.) ;

(v) section 5 (setting fire to any public building);

(vi) section 6 (setting fire to other buildings);

(vii) section 7 (setting fire to goods in certain buildings);

(viii) section 35 (interference with railway).

Offences against the person

7 An offence under any of the following provisions of the [1861 c. 100.] Offences against the Person Act 1861—

(i) section 18 (wounding with intent to cause grievous bodily harm);

(ii) section 20 (causing grievous bodily harm).

Explosive substances

8 An offence under any of the following provisions of the [1883 c. 3.] Explosive Substances Act 1883—

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

(ii) section 3 (attempting to cause any such explosion, and making or possessing explosive with intent to endanger life or damage property);

(iii) section 4 (making or possessing explosive in suspicious circumstances).

Note. The said sections 2 and 3 are amended by section 7 of this Act.

Firearms

9 An offence under any of the following provisions of the [1969 c. 12 (N.I.).] Firearms Act (Northern Ireland) 1969—

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

(ii) section 15(1) (use of firearm to resist arrest) ;

(iii) section 15(2) (possessing firearm when committing or arrested for specified offences) where the specified offence is one under section 148 of the [1970 c. 2 (N.I.).] Road Traffic Act (Northern Ireland) 1970 (taking and driving away a motor vehicle) ;

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

(v) section 19A (possessing firearms or ammunition in suspicious circumstances).

Aggravated theft

10 (1) An offence under any of the following provisions of the [1969 c. 16 (N.I.).] Theft Act (Northern Ireland) 1969—

(i) section 8 (robbery) ;

(ii) section 10 (aggravated burglary).

(2) Robbery and aggravated burglary are included in this Schedule 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 the said section 10 have the same meaning when used in this sub-paragraph.

Hijacking

11 An offence under section 1 of the [1971 c. 70.] Hijacking Act 1971 (hijacking aircraft).

PART II

12 (1) The provisions of the law of Northern Ireland which are referred to in Part I of this Schedule, as applied by this Act to acts or omissions in the Republic of Ireland, shall be read with any necessary modifications, and in particular as if references to what is lawful or unlawful included what is lawful or unlawful under the law of the Republic of Ireland.

(2) In applying section 19A of the Firearms Act (Northern Ireland) 1969 (possession of firearms or ammunition in suspicious circumstances) to acts or omissions in the Republic of Ireland, the absence of the licence or other authority requisite under the law of the Republic of Ireland relating to firearms, or a breach of a condition attached to the licence or other authority, is a circumstance which may give rise to a reasonable suspicion that possession is not for a lawful object.

The provisions of this sub-paragraph are without prejudice to the generality of sub-paragraph (1) above.

(3) The reference in section 1(3) of this Act to an offence under subsection (1) includes all offences to which subsection (1) applies whether or not the act or omission in the Republic of Ireland is, under the [1883 c. 3.] Explosive Substances Act 1883 or any other enactment, an offence under the law of Northern Ireland apart from the provisions of the said subsection (1).

Section 4(1).

SCHEDULE 2 Amendments of Northern Ireland (Emergency Provisions) Act 1973

1 (1) Schedule 4 to the [1973 c. 53.] Northern Ireland (Emergency Provisions) Act 1973 (offences to which Part I of the Act relates) shall be amended as follows.

(2) After paragraph 4 there shall be inserted—

“4A Kidnapping.

4B False imprisonment.”

(3) In paragraph 5 (malicious damage) after sub-paragraph (n) there shall be inserted—

“(o) section 35 (interference with railway)”.

(4) After paragraph 11 there shall be inserted—

“Hijacking

11A Offences under section 1 of the Hijacking Act 1971.

11B Offences in Northern Ireland under section 2 of the Criminal Jurisdiction Act 1975”.

2 (1) Part III of the said Schedule 4 (added by section 4 of this Act) and, so far as they relate to offences which become scheduled offences by virtue of the said Part III, sections 2, 3 and 4 of the Northern Ireland (Emergency Provisions) Act 1973, shall be permanent provisions which do not expire or cease to be in force under section 30 of that Act.

(2) If the indictment was presented before the coming into force of paragraph 1 of this Schedule, sections 2, 4, 5, 6 and 7 of the said Act of 1973 shall not apply to the trial of the indictment.

(3) If an offence becomes a scheduled offence on the date of the coming into force of paragraph 1 of this Schedule, and the indictment has not been presented then on that date—

(a) any committal for trial of the offence by a court of assize other than the Belfast City Commission shall be treated as a committal to that Commission, and

(b) any committal for trial of the offence by a county court other than the Belfast Recorder's Court shall be treated as a committal to the Belfast Recorder's Court.

3 (1) Section 27 of the said Act of 1973 shall be amended as follows.

(2) In subsection (1) after the words " Part I" there shall be inserted " or Part III ", and for " that Part " there shall be substituted " Part I " . '

(3) For subsection (3) of the said section 27 there shall be substituted—

“(3) The Secretary of State may by order amend Part I and Part II of Schedule 4 to this Act (whether by adding an offence to, or removing an offence from, either of those Parts, or otherwise).”

Section 4(4).

SCHEDULE 3 Extra-Territorial Offences

Exclusion of [1965 c. 45.] Backing of Warrants (Republic of Ireland) Act 1965

1 At the end of section 2(2) of the Backing of Warrants (Republic of Ireland) Act 1965 (cases where warrant from Republic of Ireland is not to be executed) there shall be inserted the following words— “or

(c) that the warrant is for the arrest of a person accused of an offence committed in Northern Ireland which constitutes an extra-territorial offence under the law of the Republic of Ireland as defined in section 3 of the Criminal Jurisdiction Act 1975 ; or

(d) that the person named or described in the warrant has been acquitted or convicted in a trial in Northern Ireland for an extra-territorial offence as defined in section 1 of the said Act of 1975 in respect of the same act or omission as that in respect of which the warrant is issued.”

This paragraph extends to all parts of the United Kingdom, to the Channel Islands and to the Isle of Man.

Right of accused to opt for trial in Republic of Ireland

2 (1) If a person is accused of an extra-territorial offence, and a judge of the High Court, or the court of trial, is satisfied that a warrant has been duly issued in the Republic of Ireland on an information laid by a member of the police force (Garda Siochána) in the Republic of Ireland for his arrest for the corresponding offence in respect of the same act or omission, the judge or court shall, if the accused so requests, issue an order directing—

(a) that the accused be delivered as soon as may be at some convenient point of departure from Northern Ireland into the custody of a member of the said police force in the Republic of Ireland, and

(b) that he be kept in custody in Northern Ireland until so delivered.

(2) If the accused is serving a sentence imposed for any other offence, the order under this paragraph shall not take effect until service of the sentence is completed.

(3) An order may be made under this paragraph at any time before entry of the plea of the accused on arraignment on the indictment for the extra-territorial offence.

Safeguards for persons brought to Northern Ireland under warrant of arrest

3 (1) If a person is accused of an extra-territorial offence, and a judge of the High Court, or the court of trial, is satisfied that—

(a) he was brought to Northern Ireland pursuant to a warrant of arrest which was endorsed in the Republic of Ireland under the law of that country corresponding to the [1965 c. 45.] Backing of Warrants (Republic of Ireland) Act 1965 and which does not specify the extra-territorial offence ; and

(b) he has not, since being so brought, been at liberty for a continuous period of seven days or more ; and

(c) he is not a person as respects whom an order under paragraph 2 above has been made, or would be made if the accused so requests,

the court or judge shall, if the accused so requests, issue an order that proceedings for the trial of the extra-territorial offence shall be suspended.

(2) For the period from the date of making of the order until such time as the accused has been at liberty for a period of seven continuous days the accused shall be immune from arrest or detention, and from any other proceeding whatsoever, relating to the extraterritorial offence, or any other extra-territorial offence committed prior to his surrender (not being an offence specified in the warrant).

For the purposes of this sub-paragraph a person shall not be treated as being at liberty at any time when he is on bail.

(3) An order may be made under this paragraph at any time before entry of the plea of the accused on arraignment on the indictment for the extra-territorial offence.

Rights of accused under paragraphs 2 and 3 above

4 (1) When a person charged with an extra-territorial offence appears before the court of trial, the court shall, so far as appropriate, inform him of his rights under paragraphs 2 and 3 above.

(2) The circumstances under which, and the procedure by which, a person so charged may apply under paragraph 2 or paragraph 3 above to a judge of the High Court, instead of applying to the court of trial, shall be such as may be prescribed by rules of court.

Safeguards for persons previously tried in Republic of Ireland

5 It is hereby declared that a person duly tried for an offence under the law of the Republic of Ireland which is also an extraterritorial offence is entitled to plead his acquittal or conviction in the trial in the Republic of Ireland as a bar in any proceedings in Northern Ireland for the extra-territorial offence.

Section 5(1).

SCHEDULE 4 Examination of Witnesses Out of Court

PART I Examination in Northern Ireland to Assist Court in Republic of Ireland

1 This Part of this Schedule applies where under the law of the Republic of Ireland corresponding to Part II of this Schedule a court issues a letter of request to the Lord Chief Justice of Northern Ireland for the taking of evidence in Northern Ireland from a witness specified in the letter of request for the purposes of the trial in the Republic of Ireland of an extra-territorial offence under the law of the Republic of Ireland, or the hearing of an appeal arising out of the trial of such an offence.

2 (1) The evidence shall be taken on oath by a judge of the High Court designated by the Lord Chief Justice of Northern Ireland.

(2) The judge so designated (hereafter referred to as " the Commissioner ") shall sit in private except at such times and on such occasions as he otherwise directs.

(3) If the witness—

(a) on being duly summoned as a witness before the Commissioner makes default in attending, or

(b) being in attendance as a witness refuses to take an oath legally required by the Commissioner to be taken, or to produce any document or thing in his power or control legally required by the Commissioner to be produced by him, or to answer any question to which the Commissioner may legally require an answer, or

(c) does any other thing which would, if the Commissioner had been a court of law having power to commit for contempt, have been contempt of that court,

the witness shall be liable on summary conviction to a fine not exceeding £200, or to imprisonment for a term not exceeding six months, or to both.

(4) The witness shall be entitled to the same immunities and privileges as if he were a witness in a trial on indictment for an offence under the law of Northern Ireland, and questions as to the exclusion of any evidence, or the withholding of any document or thing on the ground of public interest, shall be determined in accordance with the law of Northern Ireland.

Attendance of members of court

3 (1) Any judge of the court which issued the letter of request shall be entitled to attend the examination of the witness, and shall have a right to suggest to the Commissioner questions to be put to the witness.

(2) The Commissioner shall arrange his sittings so as to facilitate the attendance of any such judge and, subject to paragraph 2(4) above, shall put to the witness any questions suggested to him under this paragraph.

Attendance of accused

4 (1) The accused shall have—

(a) a right to attend the examination of the witness, and

(b) a right to be represented by counsel or a solicitor in the proceedings (whether or not the accused is present), and

(c) a right, if not represented by counsel or solicitor, to question the witness, and to make submissions or representations to the Commissioner.

(2) So long as the accused is in Northern Ireland pursuant to this Part of this Schedule—

(a) he shall be kept in custody, and

(b) while duly kept in custody, he shall be immune from arrest or detention, and from any other proceeding whatsoever, related to any criminal or civil matter which arose prior to his arrival in Northern Ireland in custody pursuant to the provisions of the law of the Republic of Ireland corresponding to paragraph 5(4) below.

(3) If the accused has exercised his right to attend the examination of the witness, he shall, unless the Commissioner otherwise directs, remain in Northern Ireland until the examination is completed.

(4) Either the prosecutor or the accused may apply to the Commissioner for a direction under sub-paragraph (3) above.

(5) At the conclusion of the proceedings, and on any occasion when a direction is given under sub-paragraph (3) above, the Commissioner shall direct that the accused be delivered (at some convenient point of departure from Northern Ireland) into the custody of a member of the police force (Garda Siochána) in the Republic of Ireland.

PART II Examination in Republic of Ireland to Assist Court in Northern Ireland

5 (1) For the purposes of—

(a) the trial in Northern Ireland of an extra-territorial offence, or

(b) the hearing of an appeal under the [1968 c. 21.] Criminal Appeal (Northern Ireland) Act 1968 concerning an extra-territorial offence,

the court of trial, or as the case may be the court entertaining the appeal, may issue a letter of request for the taking of evidence by a judge of the High Court in the Republic of Ireland from a witness specified in the letter of request.

The letter of request shall be addressed to the Chief Justice.

(2) If the prosecutor or the accused applies to the court of trial for the issue of a letter of request under this paragraph, the court shall comply with the application unless satisfied that it is not in the interests of justice.

(3) Where the court issues a letter of request, the court shall inform the accused that he has, in accordance with the law of the Republic of Ireland corresponding to paragraph 4(1) of this Schedule, a right to attend the examination of the witness in the Republic of Ireland and the other rights specified in the said paragraph 4(1).

(4) If the accused exercises his right to attend the examination of fee witness, the court shall issue an order directing—

(a) that the accused be delivered (at some convenient point of departure from Northern Ireland) into the custody of a member of the police force (Garda Siochána) in the Republic of Ireland, and

(b) that he be kept in custody in Northern Ireland until so delivered.

(5) If the accused is serving a sentence imposed for any other offence, the order of the court shall be carried out notwithstanding the sentence, and the time spent by the accused as directed by the court shall count towards service of the sentence.

(6) Where, under an enactment of the law of the Republic of Ireland corresponding to paragraph 4(3) of this Schedule, a Commissioner in the Republic of Ireland authorises the accused to return temporarily to Northern Ireland, the court shall issue any further order required under sub-paragraph (4) above in order to deal with the accused when he is again to go to the Republic of Ireland.

Admissibility of statement of evidence

6 (1) A statement of evidence of a witness taken in compliance with the letter of request shall, subject to sub-paragraph (2) below, be admissible in the proceedings for which the letter of request was issued as evidence of any fact stated therein of which evidence by the witness would be admissible if given in the course of those proceedings.

(2) The statement shall be so admissible if—

(a) all the members of the court were present throughout the taking of the evidence, and

(b) the statement was certified by the judge of the High Court in the Republic of Ireland who took it to be a true and accurate statement of the evidence so taken.

(3) A document purporting to be such a certificate and to be signed by the said judge shall be deemed to be such a certificate and to be so signed unless the contrary is shown.

PART III Supplemental

Protection of witnesses

7 (1) In proceedings under Part I of this Schedule the Commissioner may direct that the name and address of any person specified in the letter of request shall not be disclosed to any person other than—

(a) the Commissioner and the Commissioner's officers,

(b) the parties to the proceedings and their counsel and solicitors,

(c) any judge of the court in the Republic of Ireland issuing the letter of request, and any officers designated by the court, and

(d) where the Commissioner considers it to be in the interests of justice, any other person whom the Commissioner specifies in the direction, or any subsequent direction.

(2) In proceedings under paragraph 5(1) of this Schedule the court may direct that the name and address of any witness as respects whom a letter of request is sought, or of any witness in the proceedings, shall not be disclosed to any person other than—

(a) the court and the officers of the court,

(b) the parties to the proceedings and their counsel and solicitors, and

(c) where the court considers it to be in the interests of justice, any other person whom the court specifies in the direction, or any subsequent direction.

(3) A person contravening a direction under this paragraph shall be liable on summary conviction to a fine not exceeding £200, or to imprisonment for a term not exceeding six months, or to both.

Procedure

8 (1) Subject to the preceding provisions of this Schedule, the procedure in Northern Ireland pursuant to, or as respects, letters of request received from, or transmitted to, the Republic of Ireland may be prescribed by rules of court.

(2) The rules of court may apply, or make provision comparable to, the procedure in civil proceedings for letters of request received from, or transmitted to, the Republic of Ireland or any other country, with or without any modifications or exceptions.

(3) In the application of this Schedule to letters of request issued, in the Republic of Ireland or in Northern Ireland, in connection with an appeal, references to the accused shall be taken as references to the appellant.

Section 14(4).

SCHEDULE 5 Consent to Prosecutions

Consequential amendments

1 In section 1(2) of the [1936 c. 6. (1 Edw. 8 & 1 Geo. 6).] Public Order Act 1936 for the words from " except such " to " person charged " there shall be substituted the words " except such as are authorised by section 12 of the Criminal Jurisdiction Act 1975 ".

2 (1) At the end of section 30 of the [1968 c. 60.] Theft Act 1968 (husband and wife) there shall be added the following subsection—

“(5) Notwithstanding section 12 of the Criminal Jurisdiction Act 1975 subsection (4) of this section shall apply—

(a) to an arrest (if without warrant) made by the wife or husband, and

(b) to a warrant of arrest issued on an information laid by the wife or husband.”

(2) Proviso (b) to the said section 30(4), which is superseded by the said section 12, shall cease to have effect.

3 In section 6(2) of the [1970 c. 4 (N.I.).] Public Order (Amendment) Act (Northern Ireland) 1970 for the words from " except such " to " person charged " there shall be substituted the words " except such as are authorised by section 12 of the Criminal Jurisdiction Act 1975. "

Section 14(5).

SCHEDULE 6 Repeals

PART I Consent to Prosecutions

Chapter or serial number	Short title	Extent of repeal
46 & 47 Vict. c. 3.	The Explosive Substances Act 1883.	In section 7(1) the words from " except " to the end of the subsection.
1 & 2 Geo. 5. c. 28.	The Official Secrets Act 1911.	In section 8 the proviso.
2 & 3 Geo. 6. c. 89.	The Trading with the Enemy Act 1939.	In section 1(4) the proviso.
10 & 11 Geo. 6. c. 14.	The Exchange Control Act 1947.	In Part II of Schedule 5 the proviso to paragraph 2(1).
4 & 5 Eliz. 2. c. 69.	The Sexual Offences Act 1956.	In Schedule 2, in paragraphs 14 and 15 the words "(subject however to sections thirteen and forty of the Children and Young Persons Act 1933)" wherever they occur.
6 & 7 Eliz. 2. c. 45.	The Prevention of Fraud (Investments) Act 1958.	In sections 1(3) and 14(7) the proviso.
9 & 10 Eliz. 2. c. 60.	The Suicide Act 1961.	In section 2(4) the words from " (subject to " to " (3) above)".
1967 c. 41.	The Marine, &c., Broadcasting (Offences) Act 1967.	In section 6(5) the words from " but this " to the end of the subsection.
1967 c. 52.	The Tokyo Convention Act 1967.	In section 1(2) the words from " but the foregoing " to the end of the subsection.
1967 c. 58.	The Criminal Law Act 1967.	In section 2(7) the words from " affect the operation" to " an offence, nor ".
		In section 4(4) the proviso.
1967 c. 60.	The Sexual Offences Act 1967.	In section 8 the proviso.
1968 c. 60.	The Theft Act 1968.	In section 30(4) proviso (b) (including " and " at the end of proviso (a)).
1970 c. 10.	The Income and Corporation Taxes Act 1970.	In section 482(11) the proviso.
1971 c. 57.	The Pool Competitions Act 1971.	Section 6(3).
1971 c. 61.	The Mineral Workings (Offshore Installations) Act 1971.	Section 10(5).
1973 c. 47.	The Protection of Aircraft Act 1973.	In section 4(2) the words from " but the preceding " to the end of the subsection.
1974 c. 6.	The Biological Weapons Act 1974.	Section 2(3).
1974 c. 56.	The Prevention of Terrorism (Temporary Provisions) Act 1974.	In Part II of Schedule 3 paragraph 4(2).
Statutory Instrument
S.I. 1968 No. 1020.	The Southern Rhodesia (United Nations Sanctions) (No. 2) Order 1968.	In Article 16(6) the proviso.

PART II Prosecutions in Northern Ireland

Chapter or serial number	Short title	Extent of repeal
52 & 53 Vict. c. 69.	The Public Bodies Corrupt Practices Act 1889.	In section 4(1), the words from " the court " to " aforesaid ".
6 Edw. 7. c. 34.	The Prevention of Corruption Act 1906.	In section 2(1), the words from " the court " to " aforesaid ".
8 Edw. 7. c. 45.	The Punishment of Incest Act 1908.	In section 6, the words from " the court " to " aforesaid ".
20 Geo. 5. c. 1 (N.I.).	The Bankruptcy Amendment Act (Northern Ireland) 1929.	In sections 25(2) and 26(2), the words from " but nothing " onwards.
4 & 5 Geo. 6. c. 9 (N.I.).	The Prevention of Fraud (Investments) Act (Northern Ireland) 1940.	In sections 1(3) and 13(7), the proviso.
1953 c. 18 (N.I.).	The Prison Act (Northern Ireland) 1953.	In section 37, the words from " the court " to " aforesaid ".
1954 c. 10 (N.I.).	The Flags and Emblems (Display) Act (Northern Ireland) 1954.	In section 4, the words from " the court " to " aforesaid".
1961 c. 15 (N.I.).	The Mental Health Act (Northern Ireland) 1961.	In sections 99(4), 100(4) and 101(7) the words from " the court " to " aforesaid ".
1966 c. 20 (N.I.).	The Criminal Justice Act (Northern Ireland) 1966.	In section 13(5), the words from " the court " to " aforesaid ".
1967 c. 18 (N.I.).	The Criminal Law Act (Northern Ireland) 1967.	In section 2(7) the words from " affect the operation " to " an offence, nor ".
		In section 4, in subsection (4), the words " Subject to subsection (5)", and subsection (5).
1970 c. 24 (N.I.).	The Prevention of Incitement to Hatred Act (Northern Ireland) 1970.	In section 3, in subsection (2), the words "Subject to subsection (3)," and subsection (3).
1972 c. 11 (N.I.).	The Miscellaneous Transferred Excise Duties Act (Northern Ireland) 1972.	Section 59(5).
Statutory Instrument
S.I. 1972 No. 538 (N.I. 1).	The Prosecution of Offences (Northern Ireland) Order 1972.	Article 7(3)(a).

PART III Law of Evidence in Northern Ireland

Chapter	Short title	Extent of repeal
1968 c. 28 (N.I.).	The Criminal Justice (Miscellaneous Provisions) Act (Northern Ireland) 1968.	Section 1(10).
1968 c. 32 (N.I.).	The Criminal Procedure (Committal for Trial) Act (Northern Ireland) 1968.	Section 10.

PART IV Other Repeals

Serial number	Short title	Extent of repeal
Serial number	Short title	Extent of repeal
S.R. & O. 1923 No. 405.	The Irish Free State (Consequential Adaptation of Enactments) Order 1923.	In the Schedule the entry for the Explosive Substances Act 1883.