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The Criminal Justice (Northern Ireland) Order 1996

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Changes over time for: Section 38

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Version Superseded: 21/01/2011

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Offences to which this Part appliesN.I.

38.—(1) This Part applies to two groups of offences—

(a)any offence mentioned in paragraph (2) (a “Group A offence”); and

(b)any offence mentioned in paragraph (3) (a “Group B offence”).

(2) The Group A offences are—

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

  • section 1 (theft);

  • F1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • F1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • F1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • section 17 (false accounting);

  • section 18 (false statements by company directors, etc.);

  • F1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • section 20 (blackmail);

  • section 21 (handling stolen goods);

  • [F2section 23A (dishonestly retaining a wrongful credit);]

(b)F3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F4(bb)an offence under any of the following provisions of the Fraud Act 2006—

(i)section 1 (fraud);

(ii)section 6 (possession etc. of articles for use in frauds);

(iii)section 7 (making or supplying articles for use in frauds);

(iv)section 9 (participating in fraudulent business carried on by sole trader etc.);

(v)section 11 (obtaining services dishonestly).]

(c)an offence under any of the following provisions of the [1981 c. 45.] Forgery and Counterfeiting Act 1981—

  • section 1 (forgery);

  • section 2 (copying a false instrument);

  • section 3 (using a false instrument);

  • section 4 (using a copy of a false instrument);

  • section 5 (offences which relate to money orders, share certificates, passports, etc.);

  • [F5section 14 (offences of counterfeiting notes and coins);]

  • [F5section 15 (offences of passing etc counterfeit notes and coins);]

  • [F5section 16 (offences involving the custody or control of counterfeit notes and coins);]

  • [F5section 17 (offences involving or making or custody or control of counterfeiting materials and implements);]

  • [F5section 20 (prohibition of importation of counterfeit notes and coins);]

  • [F5section 21 (prohibition of exportation of counterfeit notes and coins);.]

[F6(ca)an offence under section 25 of the Identity Cards Act 2006;]

(d)the common law offence of cheating in relation to the public revenue.

(3) The Group B offences are—

(a)conspiracy to commit a Group A offence;

(b)conspiracy to defraud;

(c)attempting to commit a Group A offence;

(d)incitement to commit a Group A offence.

(4) The Secretary of State may by order amend paragraph (2) or (3) by adding or removing any offence.

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