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SCHEDULE 9
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SCHEDULED
OFFENCES |
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PART
I |
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SUBSTANTIVE
OFFENCES |
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Common law offences |
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1.
Murder subject to note 1 below.
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2.
Manslaughter subject to note 1 below.
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3.
Riot subject to note 1 below.
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4.
Kidnapping subject to note 1 below.
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5.
False imprisonment subject to note 1 below.
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Malicious Damage Act 1861 (c. 97) |
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6.
Offences under section 35 of the Malicious Damage Act 1861 (interference
with railway) subject to note 1 below.
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Offences against the Person Act 1861 (c. 100) |
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7.
Offences under the following provisions of the Offences against
the Person Act 1861 subject to note 1 below-
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(a) section
4 (offences relating to murder),
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(b) section
16 (threats to kill),
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(c) section
18 (wounding with intent to cause grievous bodily harm),
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(d) section
20 (causing grievous bodily harm),
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(e) section
29 (causing explosion or sending explosive substance or throwing
corrosive liquid with intent to cause grievous bodily harm), and
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(f) section
47 (assault occasioning actual bodily harm).
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Explosive Substances Act 1883 (c. 3) |
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8.
Offences under the following provisions of the Explosive Substances
Act 1883 subject to note 1 below-
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(a) section
2 (causing explosion likely to endanger life or damage property),
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(b) section
3 (intending or conspiring to cause any such explosion, and making
or possessing explosive with intent to endanger life or cause
serious damage to property), and
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(c) section
4 (making or possessing explosives in suspicious circumstances).
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Prison Act (Northern Ireland) 1953 (c. 18 (N.I.)) |
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9.
Offences under the following provisions of the Prison Act (Northern
Ireland) 1953 subject to note 1 below-
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(a) section
25 (being unlawfully at large while under sentence),
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(b) section
26 (escaping from lawful custody and failing to surrender to bail),
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(c) section
27 (attempting to break prison),
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(d) section
28 (breaking prison by force or violence),
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(e) section
29 (rescuing or assisting or permitting to escape from lawful
custody persons under sentence of death or life imprisonment),
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(f) section
30 (rescuing or assisting or permitting to escape from lawful
custody persons other than persons under sentence of death or
life imprisonment),
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(g) section
32 (causing discharge of prisoner under pretended authority),
and
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(h) section
33 (assisting prisoners to escape by conveying things into prisons).
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Theft Act (Northern Ireland) 1969 (c. 16 (N.I.)) |
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10.
Offences under the following provisions of the Theft Act (Northern
Ireland) 1969-
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(a) section
1 (theft) subject to note 2 below,
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(b) section
8 (robbery) subject to notes 1 and 3 below,
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(c) section
9 (burglary) subject to note 2 below,
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(d) section
10 (aggravated burglary) subject to notes 1 and 3 below,
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(e) section
15 (obtaining property by deception) subject to note 2 below,
and
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(f) section
20 (blackmail) subject to notes 1 and 2 below.
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Protection of the Person and Property Act (Northern Ireland)
1969 (c. 29 (N.I.)) |
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11.
Offences under the following provisions of the Protection of the
Person and Property Act (Northern Ireland) 1969 subject to note
1 below-
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(a) section
1 (intimidation),
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(b) section
2 (making or possessing petrol bomb, etc. in suspicious circumstances),
and
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(c) section
3 (throwing or using petrol bomb, etc.).
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Hijacking |
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12.
Offences under section 1 of the Aviation Security Act 1982 (aircraft)
subject to note 1 below.
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13.
Offences in Northern Ireland under section 2 of the Criminal Jurisdiction
Act 1975 (vehicles or ships) subject to note 1 below.
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Criminal Damage (Northern Ireland) Order 1977 (S.I. 1977/426
(N.I. 4)) |
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14.
Offences under the following provisions of the Criminal Damage (Northern
Ireland) Order 1977 subject to note 1 below-
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(a) Article
3(1) and (3) or Article 3(2) and (3) (arson),
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(b) Article
3(2) (destroying or damaging property with intent to endanger
life),
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(c) Article
4 (threats to destroy or damage property), and
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(d) Article
5 (possessing anything with intent to destroy or damage property).
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Criminal Law (Amendment) (Northern Ireland) Order 1977 (S.I.
1977/1249 (N.I. 16)) |
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15.
Offences under Article 3 of the Criminal Law (Amendment) (Northern
Ireland) Order 1977 (bomb hoaxes) subject to note 1 below.
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Firearms (Northern Ireland) Order 1981 (S.I. 1981/155 (N.I. 2)) |
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16.
Offences under the following provisions of the Firearms (Northern
Ireland) Order 1981 subject to note 1 below-
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(a) Article
4(1), (2), (3) or (4) (manufacturing, dealing in, repairing, etc,
firearm or ammunition without being registered),
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(b) Article
5 (shortening barrel of shot gun or converting imitation firearm
into firearm),
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(c) Article
6(1) (manufacturing, dealing in or possessing certain weapons,
etc.),
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(d) Article
17 (possessing firearm or ammunition with intent to endanger life
or cause serious damage to property),
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(e) Article
18 (use or attempted use of firearm or imitation firearm to prevent
arrest of self or another etc.),
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(f) Article
19 (carrying firearm or imitation firearm with intent to commit
indictable offence or prevent arrest of self or another),
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(g) Article
20 (carrying firearm, etc. in public place) subject to note 4
below,
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(h) Article
22 (possession of firearm or ammunition by person who has been
sentenced to imprisonment, etc. and sale of firearm or ammunition
to such a person), and
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(i) Article
23 (possessing firearm or ammunition in suspicious circumstances).
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Taking of Hostages Act 1982 (c. 28) |
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17.
Offences under the Taking of Hostages Act 1982 subject to note 1
below.
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Nuclear Material (Offences) Act 1983 (c. 18) |
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18.
Offences under section 2 of the Nuclear Material (Offences) Act
1983 (offences involving nuclear material: preparatory acts and
threats) subject to note 1 below.
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Computer Misuse Act 1990 (c. 18) |
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19.
Offences under the following provisions of the Computer Misuse Act
1990 subject to note 1 below-
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(a) section
1 (unauthorised access to computer material),
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(b) section
2 (unauthorised access with intent to commit further offence),
and
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(c) section
3 (unauthorised modification).
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Aviation and Maritime Security Act 1990 (c. 31) |
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20.
Offences under the following provisions of the Aviation and Maritime
Security Act 1990 subject to note 1 below-
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(a) section
1 (endangering safety at aerodromes),
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(b) section
9 (hijacking of ships), and
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(c) section
10 (seizing or exercising control of fixed platforms).
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Channel Tunnel (Security) Order 1994 (S.I. 1994/570) |
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21.
Offences under the following provisions of the Channel Tunnel (Security)
Order 1994 subject to note 1 below-
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(a) Article
4 (hijacking of Channel Tunnel trains), and
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(b) Article
5 (seizing or exercising control of the tunnel system).
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This Act |
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22.
Offences under the following provisions of this Act-
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(j) paragraph
37 of Schedule 4,
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(l) paragraph
10 of Schedule 10 subject to note 1 below, and
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(m) paragraphs
2 and 3 of Schedule 13 subject to note 1 below.
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Notes |
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1.
Any offence specified in this Part of this Schedule which is stated
to be subject to this note is not a scheduled offence in any particular
case in which the Attorney General for Northern Ireland certifies
that it is not to be treated as a scheduled offence.
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2.
An offence specified in paragraph 10(a), (c) or (e) is a scheduled
offence only where it is charged that the offence was committed
in relation to or by means of nuclear material within the meaning
of the Nuclear Material (Offences) Act 1983; and the Attorney General
for Northern Ireland shall not certify that the offence specified
in paragraph 10(f) is not to be treated as a scheduled offence in
a case where it is charged that the offence was so committed.
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3.
An offence specified in paragraph 10(b) or (d) is a scheduled offence
only where it is charged-
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(a) that an
explosive, firearm, imitation firearm or weapon of offence was
used to commit the offence, or
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(b) that the
offence was committed in relation to or by means of nuclear material
within the meaning of the Nuclear Material (Offences) Act 1983;
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and
expressions defined in section 10 of the Theft Act (Northern Ireland)
1969 have the same meaning when used in this note.
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4.
The offence specified in paragraph 16(g) is a scheduled offence
only where it is charged that the offence relates to a weapon other
than an air weapon.
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PART
II |
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INCHOATE
AND RELATED OFFENCES |
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Each of the following offences, that is to say-
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(a) aiding,
abetting, counselling, procuring or inciting the commission of
an offence specified in Part I of this Schedule (hereafter in
this paragraph referred to as a "substantive offence"),
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(b) attempting
or conspiring to commit a substantive offence,
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(c) an offence
under section 4 of the Criminal Law Act (Northern Ireland) 1967
of doing any act with intent to impede the arrest or prosecution
of a person who has committed a substantive offence, and
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(d) an offence
under section 5(1) of the Criminal Law Act (Northern Ireland)
1967 of failing to give information to a constable which is likely
to secure, or to be of material assistance in securing, the apprehension,
prosecution or conviction of a person for a substantive offence,
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shall
be treated for the purposes of Part VII of this Act as if it were
the substantive offence.
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PART
III |
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EXTRA-TERRITORIAL
OFFENCES |
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Any extra-territorial offence as defined in section 1(3) of the
Criminal Jurisdiction Act 1975.
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Note |
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An extra-territorial offence is not a scheduled offence in any particular
case in which the Attorney General for Northern Ireland certifies
that it is not to be treated as a scheduled offence.
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