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The Criminal Justice (Northern Ireland) Order 2004

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The Criminal Justice (Northern Ireland) Order 2004 is up to date with all changes known to be in force on or before 02 October 2022. There are changes that may be brought into force at a future date. Help about Changes to Legislation

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  1. Introductory Text

  2. PART I INTRODUCTORY

    1. 1.Title and commencement

    2. 2.Interpretation

  3. PART II AMENDMENTS OF POLICE AND CRIMINAL EVIDENCE (NORTHERN IRELAND) ORDER 1989

    1. 3.Extension of powers to stop and search

    2. 4.Bail elsewhere than at police station

    3. 5.Limits on periods of detention without charge

    4. 6.Property of detained persons

    5. 7.Taking fingerprints without consent

    6. 8.Taking non-intimate samples without consent

    7. Article 9—Amendments (related to the provisions of this Part)

  4. PART III LIVE LINKS

    1. 10.Live links in criminal proceedings

    2. 11.Effect of, and rescission of, direction

    3. 11B.Witnesses outside the United Kingdom

    4. 12.Magistrates' courts permitted to sit at other locations

    5. 13.Warning to jury

    6. 14.Rules of court

    7. 15.Interpretation of Part III

  5. PART IV PROSECUTION APPEALS

    1. Introduction

      1. 16.Introduction

    2. General right of appeal in respect of rulings

      1. 17.General right of appeal in respect of rulings

      2. 18.Expedited and non-expedited appeals

      3. 19.Continuation of proceedings for offences not affected by ruling

      4. 20.Determination of appeal by Court of Appeal

    3. Right of appeal in respect of evidentiary rulings

      1. 21.Right of appeal in respect of evidentiary rulings

      2. 22.Condition that evidentiary ruling significantly weakens prosecution case

      3. 23.Expedited and non-expedited appeals

      4. 24.Continuation of proceedings for offences not affected by ruling

      5. 25.Determination of appeal by Court of Appeal

      6. 26.Reversal of rulings

    4. Miscellaneous and supplemental

      1. 27.Appeals to the House of Lords

      2. 28.Costs

      3. 29.Effect on time limits in relation to preliminary stages

      4. 30.Restrictions on reporting

      5. 31.Offences in connection with reporting

      6. 32.Rules of court

      7. 33.Interpretation of Part IV

  6. PART V SUPPLEMENTARY

    1. 34.Orders

    2. Article 35—Repeals

    3. 36.Supplementary and consequential provision, etc

  7. SCHEDULES

    1. Schedule 1—Amendments

    2. SCHEDULE 2

      QUALIFYING OFFENCES FOR PURPOSES OF ARTICLE 21

      1. Offences Against the Person

        1. Murder

        2. 1.Murder.

        3. Attempted murder

        4. 2.An offence under Article 3 of the Criminal Attempts and Conspiracy (Northern Ireland) Order 1983...

        5. Soliciting murder

        6. 3.An offence under section 4 of the Offences against the Person Act 1861 (c. 100).

        7. Manslaughter

        8. 4.Manslaughter.

        9. Corporate manslaughter

        10. 4A.An offence under section 1 of the Corporate Manslaughter and Corporate Homicide Act 2007.

        11. Wounding or causing grievous bodily harm with intent

        12. 5.An offence under section 18 of the Offences against the Person Act 1861 (c. 100).

        13. Kidnapping

        14. 6.Kidnapping.

      2. Sexual Offences

        1. Rape

        2. 7.Rape.

        3. Attempted rape

        4. 8.An offence under section 2 of the Attempted Rape, etc. , Act (Northern Ireland) 1960...

        5. Intercourse with a girl under fourteen

        6. 9.An offence under section 4 of the Criminal Law Amendment Act 1885 (c. 69) of...

        7. Incest by a man with a girl under fourteen

        8. 10.An offence under section 1(1) of the Punishment of Incest Act 1908 (c. 45) alleged...

      3. Drugs Offences

        1. Unlawful importation of Class A drug

        2. 11.An offence under section 50(2) of the Customs and Excise Management Act 1979 (c. 2)...

        3. Unlawful exportation of Class A drug

        4. 12.An offence under section 68(2) of the Customs and Excise Management Act 1979 alleged to...

        5. Fraudulent evasion in respect of Class A drug

        6. 13.An offence under section 170(1) or (2) of the Customs and Excise Management Act 1979...

        7. Producing or being concerned in production of Class A drug

        8. 14.An offence under section 4(2) of the Misuse of Drugs Act 1971 alleged to have...

        9. Supplying or offering to supply Class A drug

        10. 15.An offence under section 4(3) of the Misuse of Drugs Act 1971 alleged to have...

      4. Theft Offences

        1. Robbery

        2. 16.An offence under section 8(1) of the Theft Act (Northern Ireland) 1969 (c. 16) where...

      5. Criminal Damage Offences

        1. Arson endangering life

        2. 17.An offence under Article 3(2) of the Criminal Damage (Northern Ireland) Order 1977 ( NI...

        3. Causing explosion likely to endanger life or property

        4. 18.An offence under section 2 of the Explosive Substances Act 1883 (c. 3).

        5. Intent or conspiracy to cause explosion likely to endanger life or property

        6. 19.An offence under section 3(1)(a) of the Explosive Substances Act 1883.

      6. War Crimes and Terrorism

        1. Genocide, crimes against humanity and war crimes

        2. 20.An offence under section 51 or 52 of the International Criminal Court Act 2001 (c....

        3. Grave breaches of the Geneva Conventions

        4. 21.An offence under section 1 of the Geneva Conventions Act 1957 (c. 52).

        5. Directing terrorist organisation

        6. 22.An offence under section 56 of the Terrorism Act 2000 (c. 11).

        7. Hostage-taking

        8. 23.An offence under section 1 of the Taking of Hostages Act 1982 (c. 28).

      7. Hijacking and Other Offences Relating to Aviation, Spaceflight, Maritime and Rail Security

        1. Hijacking of aircraft

        2. 24.An offence under section 1 of the Aviation Security Act 1982 (c. 36).

        3. Destroying, damaging or endangering the safety of aircraft

        4. 25.An offence under section 2 of the Aviation Security Act 1982.

        5. Hijacking of spacecraft

        6. 25A.An offence under paragraph 1 of Schedule 4 to the Space Industry Act 2018.

        7. Destroying, damaging or endangering safety of spacecraft

        8. 25B.An offence under paragraph 2 of Schedule 4 to the Space Industry Act 2018.

        9. Hijacking of ships

        10. 26.An offence under section 9 of the Aviation and Maritime Security Act 1990 (c. 31).

        11. Seizing or exercising control of fixed platforms

        12. 27.An offence under section 10 of the Aviation and Maritime Security Act 1990.

        13. Destroying ships or fixed platforms or endangering their safety

        14. 28.An offence under section 11 of the Aviation and Maritime Security Act 1990.

        15. Hijacking of Channel Tunnel trains

        16. 29.An offence under Article 4 of the Channel Tunnel (Security) Order 1994 (S.I.1994/570).

        17. Seizing or exercising control of Channel Tunnel system

        18. 30.An offence under Article 5 of the Channel Tunnel (Security) Order 1994 (S.I.1994/570).

      8. Conspiracy

        1. Conspiracy

        2. 31.An offence under Article 9 of the Criminal Attempts and Conspiracy (Northern Ireland) Order 1983...

    3. Schedule 3—Repeals

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