Northern Ireland (Emergency Provisions) Act 1991

Section 1.

SCHEDULE 1 The Scheduled Offences

Part I Substantive Offences

Common law offences

1 Murder subject to note 1 below.

2 Manslaughter subject to note 1 below.

3 The common law offence of riot.

4 Kidnapping subject to note 1 below.

5 False imprisonment subject to note 1 below.

6 Assault occasioning actual bodily harm subject to note 1 below.

[1861 c. 97.] Malicious Damage Act 1861

7 Offences under section 35 of the Malicious Damage Act 1861 (interference with railway) subject to note 1 below.

Offences against the [1861 c. 100.] Person Act 1861

8 Offences under the following provisions of the Offences against the Person Act 1861—

(a) section 4 (conspiracy, etc to murder) subject to note 1 below;

(b) section 16 (threats to kill) subject to note 1 below;

(c) section 18 (wounding with intent to cause grievous bodily harm) subject to note 1 below;

(d) section 20 (causing grievous bodily harm) subject to note 1 below;

(e) section 28 (causing grievous bodily harm by explosives);

(f) section 29 (causing explosion or sending explosive substance or throwing corrosive liquid with intent to cause grievous bodily harm);

(g) section 30 (placing explosive near building or ship with intent to do bodily injury).

[1883 c. 3.] Explosive Substances Act 1883

9 Offences under the following provisions of the Explosive Substances Act 1883—

(a) section 2 (causing explosion likely to endanger life or damage property);

(b) section 3 (attempting to cause any such explosion, and making or possessing explosive with intent to endanger life or cause serious damage to property);

(c) section 4 (making or possessing explosives in suspicious circumstances).

[1953 c. 18 (N.I.).] Prison Act (Northern Ireland) 1953

10 Offences under the following provisions of the Prison Act (Northern Ireland) 1953 subject to note 1 below—

(a) section 25 (being unlawfully at large while under sentence);

(b) section 26 (escaping from lawful custody and failing to surrender to bail);

(c) section 27 (attempting to break prison);

(d) section 28 (breaking prison by force or violence);

(e) section 29 (rescuing or assisting or permitting to escape from lawful custody persons under sentence of death or life imprisonment);

(f) section 30 (rescuing or assisting or permitting to escape from lawful custody persons other than persons under sentence of death or life imprisonment);

(g) section 32 (causing discharge of prisoner under pretended authority);

(h) section 33 (assisting prisoners to escape by conveying things into prisons).

[1969 c. 16 (N.I.).] Theft Act (Northern Ireland) 1969

11 Offences under the following provisions of the Theft Act (Northern Ireland) 1969—

(a) section 1 (theft) subject to note 2 below;

(b) section 8 (robbery) subject to note 3 below;

(c) section 9 (burglary) subject to note 2 below;

(d) section 10 (aggravated burglary) subject to note 3 below;

(e) section 15 (obtaining property by deception) subject to note 2 below;

(f) section 20 (blackmail) subject to notes 1 and 2 below.

Protection of the [1969 c. 29 (N.I.).] Person and Property Act (Northern Ireland) 1969

12 Offences under the following provisions of the Protection of the Person and Property Act (Northern Ireland) 1969—

(a) section 1 (intimidation) subject to note 1 below;

(b) section 2 (making or possessing petrol bomb, etc. in suspicious circumstances);

(c) section 3 (throwing or using petrol bomb, etc).

Hijacking

13 Offences under section 1 of the [1982 c. 36.] Aviation Security Act 1982 (aircraft).

14 Offences in Northern Ireland under section 2 of the [1975 c. 59.] Criminal Jurisdiction Act 1975 (vehicles).

[S.I.1977/426 (N.I.4).] Criminal Damage (Northern Ireland) Order 1977

15 Offences under the following provisions of the Criminal Damage (Northern Ireland) Order 1977 subject to note 1 below—

(a) Article 3(1) and (3) or Article 3(2) and (3) (arson);

(b) Article 3(2) (destroying or damaging property with intent to endanger life);

(c) Article 4 (threats to destroy or damage property);

(d) Article 5 (possessing anything with intent to destroy or damage property).

[S.I.1977/1249 (N.I.16).] Criminal Law (Amendment) (Northern Ireland) Order 1977

16 Offences under Article 3 of the Criminal Law (Amendment) (Northern Ireland) Order 1977 (bomb hoaxes) subject to note 1 below.

[S.I.1981/155 (N.I.2).] Firearms (Northern Ireland) Order 1981

17 Offences under the following provisions of the Firearms (Northern Ireland) Order 1981—

(a) Article 3(1) (possessing, purchasing or acquiring firearm or ammunition without certificate) subject to note 1 below;

(b) Article 4(1), (2), (3) or (4) (manufacturing, dealing in, repairing, etc, firearm or ammunition without being registered) subject to note 1 below;

(c) Article 5 (shortening barrel of shot gun or converting imitation firearm into firearm) subject to note 1 below;

(d) Article 6(1) (manufacturing, dealing in or possessing machine gun, or weapon discharging, or ammunition containing, noxious substance) subject to note 1 below;

(e) Article 17 (possessing firearm or ammunition with intent to endanger life or cause serious damage to property);

(f) Article 18 (use or attempted use of firearm or imitation firearm to prevent arrest of self or another etc.);

(g) Article 19 (carrying firearm or imitation firearm with intent to commit indictable offence or prevent arrest of self or another);

(h) Article 20 (carrying firearm, etc., in public place) subject to notes 1 and 4 below;

(i) 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) subject to note 1 below;

(j) Article 23 (possessing firearm or ammunition in suspicious circumstances).

[1982 c. 28.] Taking of Hostages Act 1982

18 Offences under the Taking of Hostages Act 1982.

[1983 c. 18.] Nuclear Material (Offences) Act 1983

19 Offences under section 2 of the Nuclear Material (Offences) Act 1983 (offences involving nuclear material: preparatory acts and threats).

[1989 c. 4.] Prevention of Terrorism (Temporary Provisions) Act 1989

20 Offences under the following provisions of the Prevention of Terrorism (Temporary Provisions) Act 1989—

(a) section 8 (breach of exclusion order);

(b) sections 9, 10 and 11 (financial assistance for terrorism);

(c) section 17 and Schedule 7 (terrorist investigations);

(d) section 18 (information about acts of terrorism);

(e) paragraph 25B of Schedule 4 (contravention of restraint orders).

Aviation and Maritime Security Act 1990

21 Offences under the following provisions of the [1990 c. 31.] Aviation and Maritime Security Act 1990—

(a) section 1 (endangering safety at aerodromes);

(b) section 9 (hijacking of ships);

(c) section 10 (seizing or exercising control of fixed platforms).

This Act

22 Offences under the following provisions of this Act—

(a) section 19(12);

(b) section 27;

(c) section 28;

(d) section 29;

(e) section 30;

(f) section 31;

(g) section 32;

(h) section 33;

(i) section 35;

(j) section 53;

(k) section 54;

(l) paragraph 13 of Schedule 3;

(m) paragraph 9 of Schedule 4;

(n) paragraph 4 of Schedule 5.

Notes

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.

2 An offence specified in paragraph 11(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 [1983 c. 18.] Nuclear Material (Offences) Act 1983; and the Attorney General for Northern Ireland shall not certify that the offence specified in paragraph 11(f) is not to be treated as a scheduled offence in a case where it is charged that the offence was so committed.

3 An offence specified in paragraph 11(b) or (d) is a scheduled offence only where it is charged—

(a) that an explosive, firearm, imitation firearm or weapon of offence was used to commit the offence; or

(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;

and expressions defined in section 10 of the [1969 c. 16 (N.I.).] Theft Act (Northern Ireland) 1969 have the same meaning when used in this note.

4 The offence specified in paragraph 17(h) is a scheduled offence only where it is charged that the offence relates to a weapon other than an air weapon.

Part II Inchoate and Related Offences

Each of the following offences, that is to say—

(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”);

(b) attempting or conspiring to commit a substantive offence;

(c) an offence under section 4 of the [1967 c. 18 (N.I.).] 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;

(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,

shall be treated for the purposes of this Act as if it were the substantive offence.

Part III Extra-Territorial Offences

Any extra-territorial offence as defined in section 1(3) of the [1975 c. 59.] Criminal Jurisdiction Act 1975.

Part IV Offences Charged Following Terrorist Funds Investigations

Any offence, other than a summary offence, which an officer of the Royal Ulster Constabulary not below the rank of superintendent certifies is charged in consequence of a terrorist funds investigation, unless the Attorney General for Northern Ireland certifies that it is not to be treated as a scheduled offence; and in this Part of this Schedule—

(a) “summary offence” means an offence which, if committed by an adult, is punishable only on summary conviction; and

(b) “a terrorist funds investigation” means an investigation for the purposes of which a person has been authorised under section 57 of this Act to exercise the powers conferred by Schedule 5 to this Act.