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The Criminal Justice (Northern Ireland) Order 2004
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Changes over time for: SCHEDULE 2
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The Criminal Justice (Northern Ireland) Order 2004,
SCHEDULE 2 is up to date with all changes known to be in force on or before 20 April 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes to Legislation
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Changes and effects yet to be applied to the whole Order associated Parts and Chapters:
Whole provisions yet to be inserted into this Order (including any effects on those provisions):
- Sch. 4 para. 7A inserted by S.I. 2008/1769 (N.I.) Sch. 1 para. 33(2) (Amendment not applied due to drafting error by 2008 1769 (N.I. 2) - the amended provision should read Sch. 2 para. 7A (not Sch. 4 para. 7A). This error has been reported to the relevant Department for correction in due course.)
- Sch. 4 para. 10A inserted by S.I. 2008/1769 (N.I.) Sch. 1 para. 33(3) (Amendment not applied due to drafting error by 2008 1769 (N.I. 2) - the amended provision should read Sch. 2 para. 10A (not Sch. 4 para. 10A). This error has been reported to the relevant Department for correction in due course.)
- art. 11A inserted by 2015 c. 9 (N.I.) s. 52(3)
- art. 14(2)(aa) inserted by 2015 c. 9 (N.I.) s. 52(6)
Article 21
F1SCHEDULE 2N.I.QUALIFYING OFFENCES FOR PURPOSES OF ARTICLE 21
This schedule has no associated Explanatory Memorandum
F1By Sexual Offences (Northern Ireland) Order 2008 (S.I. 2008/1769 (N.I. 2)), arts. 1(3), 81, Sch. 1 para. 33(2)(3) and S.R. 2008/510, art. 2 it is provided that "new paras. 7A and 10A shall be inserted (2.2.2009) in Sch. 4". The reference to Sch. 4 rather than Sch. 2 is an apparent error which has been reported to the relevant Department and will be corrected in due course.
Offences Against the PersonN.I.
MurderN.I.
1. Murder.
Attempted murderN.I.
2. An offence under Article 3 of the Criminal Attempts and Conspiracy (Northern Ireland) Order 1983 (NI 13) of attempting to commit murder.
Soliciting murderN.I.
3. An offence under section 4 of the Offences against the Person Act 1861 (c. 100).
ManslaughterN.I.
4. Manslaughter.
[F2Corporate manslaughterN.I.
4A An offence under section 1 of the Corporate Manslaughter and Corporate Homicide Act 2007.]
F2Sch. 2 para. 4A and cross-heading inserted (6.4.2008) by Corporate Manslaughter and Corporate Homicide Act 2007 (c. 19), ss. 26, 27(1), Sch. 2 para. 4; S.I. 2008/401, art. 2(1)
Wounding or causing grievous bodily harm with intentN.I.
5. An offence under section 18 of the Offences against the Person Act 1861 (c. 100).
KidnappingN.I.
6. Kidnapping.
Sexual OffencesN.I.
RapeN.I.
7. Rape.
Attempted rapeN.I.
8. An offence under section 2 of the Attempted Rape, etc., Act (Northern Ireland) 1960 (c. 3).
Intercourse with a girl under fourteenN.I.
9. An offence under section 4 of the Criminal Law Amendment Act 1885 (c. 69) of unlawfully and carnally knowing a girl under fourteen.
Incest by a man with a girl under fourteenN.I.
10. An offence under section 1(1) of the Punishment of Incest Act 1908 (c. 45) alleged to have been committed with a girl under fourteen.
Drugs OffencesN.I.
Unlawful importation of Class A drugN.I.
11. An offence under section 50(2) of the Customs and Excise Management Act 1979 (c. 2) alleged to have been committed in respect of a Class A drug (as defined by section 2 of the Misuse of Drugs Act 1971 (c. 38)).
Unlawful exportation of Class A drugN.I.
12. An offence under section 68(2) of the Customs and Excise Management Act 1979 alleged to have been committed in respect of a Class A drug (as defined by section 2 of the Misuse of Drugs Act 1971).
Fraudulent evasion in respect of Class A drugN.I.
13. An offence under section 170(1) or (2) of the Customs and Excise Management Act 1979 alleged to have been committed in respect of a Class A drug (as defined by section 2 of the Misuse of Drugs Act 1971).
Producing or being concerned in production of Class A drugN.I.
14. An offence under section 4(2) of the Misuse of Drugs Act 1971 alleged to have been committed in relation to a Class A drug (as defined by section 2 of that Act).
Supplying or offering to supply Class A drugN.I.
15. An offence under section 4(3) of the Misuse of Drugs Act 1971 alleged to have been committed in relation to a Class A drug (as defined by section 2 of that Act).
Theft OffencesN.I.
RobberyN.I.
16. An offence under section 8(1) of the Theft Act (Northern Ireland) 1969 (c. 16) where it is alleged that, at some time during the commission of the offence, the defendant had in his possession a firearm or imitation firearm (as defined by Article 2(2) of the Firearms (Northern Ireland) Order 2004 (NI 3)).
Criminal Damage OffencesN.I.
Arson endangering lifeN.I.
17. An offence under Article 3(2) of the Criminal Damage (Northern Ireland) Order 1977 (NI 4) alleged to have been committed by destroying or damaging property by fire.
Causing explosion likely to endanger life or propertyN.I.
18. An offence under section 2 of the Explosive Substances Act 1883 (c. 3).
Intent or conspiracy to cause explosion likely to endanger life or propertyN.I.
19. An offence under section 3(1)(a) of the Explosive Substances Act 1883.
War Crimes and TerrorismN.I.
Genocide, crimes against humanity and war crimesN.I.
20. An offence under section 51 or 52 of the International Criminal Court Act 2001 (c. 17).
Grave breaches of the Geneva ConventionsN.I.
21. An offence under section 1 of the Geneva Conventions Act 1957 (c. 52).
Directing terrorist organisationN.I.
22. An offence under section 56 of the Terrorism Act 2000 (c. 11).
Hostage-takingN.I.
23. An offence under section 1 of the Taking of Hostages Act 1982 (c. 28).
Hijacking and Other Offences Relating to Aviation, [F3Spaceflight,] Maritime and Rail SecurityN.I.
F3Word in Sch. 2 para. 24 heading inserted (29.7.2021) by Space Industry Act 2018 (c. 5), s. 70(1), Sch. 12 para. 26(2); S.I. 2021/817, reg. 2, Sch. para. 116 (with reg. 3)
Hijacking of aircraftN.I.
24. An offence under section 1 of the Aviation Security Act 1982 (c. 36).
Destroying, damaging or endangering the safety of aircraftN.I.
25. An offence under section 2 of the Aviation Security Act 1982.
[F4Hijacking of spacecraftN.I.
25A An offence under paragraph 1 of Schedule 4 to the Space Industry Act 2018.
F4Sch. 2 paras. 25A, 25B inserted (29.7.2021) by Space Industry Act 2018 (c. 5), s. 70(1), Sch. 12 para. 26(3); S.I. 2021/817, reg. 2, Sch. para. 116 (with reg. 3)
Destroying, damaging or endangering safety of spacecraftN.I.
25B An offence under paragraph 2 of Schedule 4 to the Space Industry Act 2018.]
F4Sch. 2 paras. 25A, 25B inserted (29.7.2021) by Space Industry Act 2018 (c. 5), s. 70(1), Sch. 12 para. 26(3); S.I. 2021/817, reg. 2, Sch. para. 116 (with reg. 3)
Hijacking of shipsN.I.
26. An offence under section 9 of the Aviation and Maritime Security Act 1990 (c. 31).
Seizing or exercising control of fixed platformsN.I.
27. An offence under section 10 of the Aviation and Maritime Security Act 1990.
Destroying ships or fixed platforms or endangering their safetyN.I.
28. An offence under section 11 of the Aviation and Maritime Security Act 1990.
Hijacking of Channel Tunnel trainsN.I.
29. An offence under Article 4 of the Channel Tunnel (Security) Order 1994 (S.I.1994/570).
Seizing or exercising control of Channel Tunnel systemN.I.
30. An offence under Article 5 of the Channel Tunnel (Security) Order 1994 (S.I.1994/570).
ConspiracyN.I.
ConspiracyN.I.
31. An offence under Article 9 of the Criminal Attempts and Conspiracy (Northern Ireland) Order 1983 of conspiracy to commit an offence listed in this Schedule.
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