The Firearms (Northern Ireland) Order 2004

Prosecution and punishment of offencesN.I.

This adran has no associated Memorandwm Esboniadol

69.—(1) Schedule 5 sets out in tabular form the manner in which offences under this Order are punishable on conviction.

(2) In relation to an offence under a provision of this Order specified in column (1) of Schedule 5 (the general nature of that offence being described in column (2))—

(a)column (3) shows whether it is punishable on summary conviction or on indictment or in either one way or the other; and

(b)column (4) shows the maximum punishment which may be imposed on a person convicted of it in the way specified in column (3).

(3) In column (4) of Schedule 5—

(a)any reference to a period of years or months shall be construed as a reference to a term of imprisonment of that duration; and

(b)any reference to a level shall be construed as a reference to a fine of that level on the standard scale.

(4) Subject to paragraph (5), summary proceedings for an offence under this Order—

(a)may be instituted at any time within four years after the commission of the offence; but

(b)shall not be instituted after the expiration of six months from the commission of the offence unless they are instituted by, or by the direction of, the Attorney General.

(5) Paragraph (4) does not apply to an offence which by virtue of the entry relating to it in column (3) of Schedule 5 is triable also on indictment.

(6) Paragraph (4) has effect notwithstanding anything in Article 19(1) of the Magistrates' Courts (Northern Ireland) Order 1981 (NI 26) (limitation of time for taking proceedings).

Modifications etc. (not altering text)

C1Art. 69(4) applied (with modifications) (6.4.2007 for specified purposes and 1.10.2007 to the extent not already in force) by Violent Crime Reduction Act 2006 (c. 38), ss. 51, 66(2), Sch. 2 para. 14(3)(b); S.I. 2007/858, art. 2(j)(ii)(bb); S.I. 2007/2180, art. 4(d)(ii)