Terrorism Act 2000

Section 65.

SCHEDULE 9 N.I. Scheduled Offences

Part I N.I. Substantive Offences

Common law offences N.I.

1 N.I. Murder F1 . . . .

Textual Amendments

F1 Words in Sch. 9 Pt. I para. 1 repealed (19.2.2006) by Terrorism (Northern Ireland) Act 2006 (c. 4), ss. {3(1)(a)}, 5(2)(3), {Sch.}

2 N.I. Manslaughter F2 . . . .

Textual Amendments

F2 Words in Sch. 9 Pt. I para. 2 repealed (19.2.2006) by Terrorism (Northern Ireland) Act 2006 (c. 4), ss. {3(1)(a)}, 5(2)(3), {Sch.}

3 N.I. Riot F3 . . . .

Textual Amendments

F3 Words in Sch. 9 Pt. I para. 3 repealed (19.2.2006) by Terrorism (Northern Ireland) Act 2006 (c. 4), ss. {3(1)(a)}, 5(2)(3), {Sch.}

4 N.I. Kidnapping F4 . . . .

Textual Amendments

F4 Words in Sch. 9 Pt. I para. 4 repealed (19.2.2006) by Terrorism (Northern Ireland) Act 2006 (c. 4), ss. {3(1)(a)}, 5(2)(3), {Sch.}

5 N.I. False imprisonment F5 . . . .

Textual Amendments

F5 Words in Sch. 9 Pt. I para. 5 repealed (19.2.2006) by Terrorism (Northern Ireland) Act 2006 (c. 4), ss. {3(1)(a)}, 5(2)(3), {Sch.}

Malicious Damage Act 1861 (c. 97) N.I.

6 N.I. Offences under section 35 of the M1 Malicious Damage Act 1861 (interference with railway) F6 . . . .

Textual Amendments

F6 Words in Sch. 9 Pt. I para. 6 repealed (19.2.2006) by Terrorism (Northern Ireland) Act 2006 (c. 4), ss. {3(1)(a)}, 5(2)(3), {Sch.}

Marginal Citations

M1 1861 c. 97

Offences against the Person Act 1861 (c. 100) N.I.

7 N.I. Offences under the following provisions of the M2 Offences against the Person Act 1861 F7 . . . —

(a) section 4 (offences relating to murder),

(b) section 16 (threats to kill),

(c) section 18 (wounding with intent to cause grievous bodily harm),

(d) section 20 (causing grievous bodily harm),

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

(f) section 47 (assault occasioning actual bodily harm).

Textual Amendments

F7 Words in Sch. 9 Pt. I para. 7 repealed (19.2.2006) by Terrorism (Northern Ireland) Act 2006 (c. 4), ss. {3(1)(a)}, 5(2)(3), {Sch.}

Marginal Citations

M2 1861 c. 100.

Explosive Substances Act 1883 (c. 3) N.I.

8 N.I. Offences under the following provisions of the M3 Explosive Substances Act 1883 F8 . . . —

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

(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

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

Textual Amendments

F8 Words in Sch. 9 Pt. I para. 8 repealed (19.2.2006) by Terrorism (Northern Ireland) Act 2006 (c. 4), ss. {3(1)(a)}, 5(2)(3), {Sch.}

Marginal Citations

M3 1883 c. 3.

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

9 N.I. Offences under the following provisions of the M4 Prison Act (Northern Ireland) 1953 F9 . . . —

(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), and

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

Textual Amendments

F9 Words in Sch. 9 Pt. I para. 9 repealed (19.2.2006) by Terrorism (Northern Ireland) Act 2006 (c. 4), ss. {3(1)(a)}, 5(2)(3), {Sch.}

Marginal Citations

M4 1953 c. 18(N.I.).

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

10 N.I. [F10 Subject to notes 2 and 3 below,] offences under the following provisions of the M5 Theft Act (Northern Ireland) 1969—

(a) section 1 (theft) F11 . . . ,

(b) section 8 (robbery) F11 . . . ,

(c) section 9 (burglary) F11 . . . ,

(d) section 10 (aggravated burglary) F11 . . . , [F12 and]

(e) F13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(f) section 20 (blackmail) F11 . . . .

Textual Amendments

F10 Words in Sch. 9 Pt. I para. 10 inserted (19.2.2006) by Terrorism (Northern Ireland) Act 2006 (c. 4), ss. {3(2)(a)}, 5(3)

F11 Words in Sch. 9 Pt. I para. 10 repealed (19.2.2006) by Terrorism (Northern Ireland) Act 2006 (c. 4), ss. {3(2)(b)}, 5(2)(3), {Sch.}

F12 Word in Sch. 9 Pt. 1 para. 10(d) inserted (15.1.2007) by Fraud Act 2006 (c. 35), s. 14(1), Sch. 1 para. 30(1); S.I. 2006/3200, art. 2

F13 Sch. 9 Pt. 1 para. 10(e) repealed (15.1.2007) by Fraud Act 2006 (c. 35), s. 14(1)(3), Sch. 1 para. 30(1), Sch. 3; S.I. 2006/3200, art. 2

Marginal Citations

M5 1969 c. 16(N.I.).

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

11 N.I. Offences under the following provisions of the M6 Protection of the Person and Property Act (Northern Ireland) 1969 F14 . . . —

(a) section 1 (intimidation),

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

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

Textual Amendments

F14 Words in Sch. 9 Pt. I para. 11 repealed (19.2.2006) by Terrorism (Northern Ireland) Act 2006 (c. 4), ss. {3(1)(a)}, 5(2)(3), {Sch.}

Marginal Citations

M6 1969 c. 29(N.I.).

Hijacking N.I.

12 N.I. Offences under section 1 of the M7 Aviation Security Act 1982 (aircraft) F15 . . . .

Textual Amendments

F15 Words in Sch. 9 Pt. I para. 12 repealed (19.2.2006) by Terrorism (Northern Ireland) Act 2006 (c. 4), ss. {3(1)(a)}, 5(2)(3), {Sch.}

Marginal Citations

M7 1982 c. 36.

13 N.I. Offences in Northern Ireland under section 2 of the M8 Criminal Jurisdiction Act 1975 (vehicles or ships) F16 . . . .

Textual Amendments

F16 Words in Sch. 9 Pt. I para. 13 repealed (19.2.2006) by Terrorism (Northern Ireland) Act 2006 (c. 4), ss. {3(1)(a)}, 5(2)(3), {Sch.}

Marginal Citations

M8 1975 c. 59.

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

14 N.I. Offences under the following provisions of the M9 Criminal Damage (Northern Ireland) Order 1977 F17 . . . —

(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), and

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

Textual Amendments

F17 Words in Sch. 9 Pt. I para. 14 repealed (19.2.2006) by Terrorism (Northern Ireland) Act 2006 (c. 4), ss. {3(1)(a)}, 5(2)(3), {Sch.}

Marginal Citations

M9 S.I. 1977/426 (N.I. 4).

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

15 N.I. Offences under Article 3 of the M10 Criminal Law (Amendment) (Northern Ireland) Order 1977 (bomb hoaxes) F18 . . . .

Textual Amendments

F18 Words in Sch. 9 Pt. I para. 15 repealed (19.2.2006) by Terrorism (Northern Ireland) Act 2006 (c. 4), ss. {3(1)(a)}, 5(2)(3), {Sch.}

Marginal Citations

M10 S.I. 1977/1249 (N.I. 16

[F19 Firearms (Northern Ireland) Order 2004 ( S.I. 2004/ (N.I. )) ] N.I.

Textual Amendments

F19 Cross-heading substituted (1.2.2005) by The Firearms (Northern Ireland) Order 2004 (S.I. 2004/702 (N.I. 3)), art. 82(1), Sch. 7 para. 24 (with art. 81); S.R. 2005/4, art. 3

[F20 16 N.I. Offences under the following provisions of the Firearms (Northern Ireland) Order 2004 F21 . . . —

(a) Article 24(1)(manufacturing, dealing in, repairing, etc. , firearm or ammunition without firearms dealer’s certificate),

(b) Article 37(1), (2) or (4)(sale, etc. , of firearm or ammunition),

(c) Article 45(1)(manufacturing, dealing in or possessing certain weapons, etc. ),

(d) Article 58(1)(possessing firearm or ammunition with intent to endanger life or cause serious damage to property),

(e) Article 59 (use or attempted use of firearm or imitation firearm to prevent arrest of self or another),

(f) Article 60 (carrying firearm or imitation firearm with intent to commit indictable offence or prevent arrest of self or another),

(g) Article 61 (carrying firearm, etc. in public place) subject to note 4 below,

(h) Article 63 (possession of firearm or ammunition by person who has been sentenced to imprisonment, etc. and sale of firearm or ammunition to such a person),

(i) Article 64 (possessing firearm or ammunition in suspicious circumstances), and

(j) Article 67 (shortening barrel of shotgun or converting imitation firearm into firearm).]

Textual Amendments

F20 Sch. 9 para. 16 substituted (1.2.2005) by The Firearms (Northern Ireland) Order 2004 (S.I. 2004/702 (N.I. 3)), art. 82(1), Sch. 7 para. 24 (with art. 81); S.R. 2005/4, art. 3

F21 Words in Sch. 9 Pt. I para. 16 repealed (19.2.2006) by Terrorism (Northern Ireland) Act 2006 (c. 4), ss. {3(1)(a)}, 5(2)(3), {Sch.}

Taking of Hostages Act 1982 (c. 28) N.I.

17 N.I. Offences under the M11 Taking of Hostages Act 1982 F22 . . . .

Textual Amendments

F22 Words in Sch. 9 Pt. I para. 17 repealed (19.2.2006) by Terrorism (Northern Ireland) Act 2006 (c. 4), ss. {3(1)(a)}, 5(2)(3), {Sch.}

Marginal Citations

M11 1982 c. 28

Nuclear Material (Offences) Act 1983 (c. 18) N.I.

18 N.I. Offences under section 2 of the M12 Nuclear Material (Offences) Act 1983 (offences involving nuclear material: preparatory acts and threats) F23 . . . .

Textual Amendments

F23 Words in Sch. 9 Pt. I para. 18 repealed (19.2.2006) by Terrorism (Northern Ireland) Act 2006 (c. 4), ss. {3(1)(a)}, 5(2)(3), {Sch.}

Marginal Citations

M12 1983 c. 18

Computer Misuse Act 1990 (c. 18) N.I.

19 N.I. Offences under the following provisions of the M13 Computer Misuse Act 1990 F24 . . . —

(a) section 1 (unauthorised access to computer material),

(b) section 2 (unauthorised access with intent to commit further offence), and

(c) section 3 (unauthorised modification).

Textual Amendments

F24 Words in Sch. 9 Pt. I para. 19 repealed (19.2.2006) by Terrorism (Northern Ireland) Act 2006 (c. 4), ss. {3(1)(a)}, 5(2)(3), {Sch.}

Marginal Citations

M13 1990 c. 18

Aviation and Maritime Security Act 1990 (c. 31) N.I.

20 N.I. Offences under the following provisions of the M14 Aviation and Maritime Security Act 1990 F25 . . . —

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

(b) section 9 (hijacking of ships), and

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

Textual Amendments

F25 Words in Sch. 9 Pt. I para. 20 repealed (19.2.2006) by Terrorism (Northern Ireland) Act 2006 (c. 4), ss. {3(1)(a)}, 5(2)(3), {Sch.}

Marginal Citations

M14 1990 c. 31

Channel Tunnel (Security) Order 1994 (S.I. 1994/570) N.I.

21 N.I. Offences under the following provisions of M15 the Channel Tunnel (Security) Order 1994 F26 . . . —

(a) Article 4 (hijacking of Channel Tunnel trains), and

(b) Article 5 (seizing or exercising control of the tunnel system).

Textual Amendments

F26 Words in Sch. 9 Pt. I para. 21 repealed (19.2.2006) by Terrorism (Northern Ireland) Act 2006 (c. 4), ss. {3(1)(a)}, 5(2)(3), {Sch.}

Marginal Citations

M15 S.I. 1994/570

This Act N.I.

22 N.I. Offences under the following provisions of this Act—

(a) section 11,

(b) section 12,

(c) section 13,

(d) sections 15 to 19,

(e) section 54,

(f) section 56,

(g) section 57,

(h) section 58,

(i) section 103,

(j) paragraph 37 of Schedule 4,

(k) Schedule 5,

(l) paragraph 10 of Schedule 10 F27 . . . , and

(m) paragraphs 2 and 3 of Schedule 13 F27 . . . .

Textual Amendments

F27 Words in Sch. 9 Pt. I para. 22 repealed (19.2.2006) by Terrorism (Northern Ireland) Act 2006 (c. 4), ss. {3(1)(a)}, 5(2)(3), {Sch.}

[F28 Justice (Northern Ireland) Act 2004 N.I.

Textual Amendments

F28 Sch. 9 Pt. 1 para. 22A and preceding cross-heading inserted (14.7.2004) by Justice (Northern Ireland) Act 2004 (c. 4), s. 11, Sch. 2 para. 1(5) (with para. 5); S.R. 2004/267, art. 2

22A N.I. Offences under paragraph 1(1) or (2) of Schedule 2 to the Justice (Northern Ireland) Act 2004 (absconding by persons admitted to bail in respect of a scheduled offence), F29 . . . . ]

Textual Amendments

F29 Words in Sch. 9 Pt. I para. 22A repealed (19.2.2006) by Terrorism (Northern Ireland) Act 2006 (c. 4), ss. {3(1)(a)}, 5(2)(3), {Sch.}

[F30 Prevention of Terrorism Act 2005 N.I.

Textual Amendments

F30 Sch. 9 Pt. 1 para. 22B and preceding cross-heading inserted (19.2.2006) by Terrorism (Northern Ireland) Act 2006 (c. 4), ss. {3(3)}, 5(3)

22B N.I. Offences under section 9 of the Prevention of Terrorism Act 2005 (contravention of control order obligations and obstruction of persons serving control order).]

[F31 Terrorism Act 2006 N.I.

Textual Amendments

F31 Sch. 9 Pt. 1 para. 22C and preceding cross-heading inserted (13.4.2006) by Terrorism Act 2006 (c. 11), s. 37(4); S.I. 2006/1013, art. 2

22C N.I. Offences under Part 1 of the Terrorism Act 2006 (terrorism-related offences).]

[F32 Fraud Act 2006 N.I.

Textual Amendments

F32 Sch. 9 Pt. 1 para. 23 and preceding cross-heading inserted after para. 22 (15.1.2007) by Fraud Act 2006 (c. 35), s. 14(1), Sch. 1 para. 30(2); S.I. 2006/3200, art. 2

23 N.I. Offences under section 1 of the Fraud Act 2006 (fraud) subject to note 2 below.]

Notes N.I.

1 N.I. Any offence specified in this Part of this Schedule F33 . . . is not a scheduled offence in any particular case in which the [F34 Advocate General for Northern Ireland ] certifies that it is not to be treated as a scheduled offence.

Textual Amendments

F33 Words in Sch. 9 Pt. I Note 1 repealed (19.2.2006) by Terrorism (Northern Ireland) Act 2006 (c. 4), ss. {3(1)(a)}, 5(2)(3), {Sch.}

F34 Words in Sch. 9 Pt. 1 substituted (12.4.2010) by Justice (Northern Ireland) Act 2002 (c. 26), s. 87(1), Sch. 7 para. 23; S.R. 2010/113, art. 2, Sch. para. 19(d)

2 N.I. An offence specified in [F35 paragraph 10(a) or (c) or 23] 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 M16 Nuclear Material (Offences) Act 1983 F36 . . .

Textual Amendments

F35 Words in Sch. 9 Pt. 1 note 2 substituted (15.1.2007) by Fraud Act 2006 (c. 35), s. 14(1), Sch. 1 para. 30(3); S.I. 2006/3200, art. 2

F36 Words in Sch. 9 Pt. I note 2 repealed (19.2.2006) by Terrorism (Northern Ireland) Act 2006, ss. {3(1)(b)}, 5(2)(3), {Sch.}

Marginal Citations

M16 1983 c. 18.

3 N.I. An offence specified in paragraph 10(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 M17 Nuclear Material (Offences) Act 1983;

and expressions defined in section 10 of the M18 Theft Act (Northern Ireland) 1969 have the same meaning when used in this note.

Marginal Citations

M17 1983 c. 18.

M18 1969 c. 16(N.I.).

4 N.I. 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.

[F37 5 N.I. Notes 2 to 4 are subject to note 1.]

Textual Amendments

F37 Sch. 9 Pt. I Note 5 inserted (19.2.2006) by Terrorism (Northern Ireland) Act 2006 (c. 4), ss. {3(1)(c)}, 5(3)

Part II N.I. 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 M19 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

(d) an offence under section 5(1) of the M20 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 Part VII of this Act as if it were the substantive offence.

Marginal Citations

M19 1967 c. 18(N.I.).

M20 1967 c. 18(N.I.).

Part III N.I. Extra-Territorial Offences

Any extra-territorial offence as defined in section 1(3) of the M21 Criminal Jurisdiction Act 1975.

Marginal Citations

M21 1975 c. 59.

Note N.I.

An extra-territorial offence is not a scheduled offence in any particular case in which the [F38 Advocate General for Northern Ireland ] certifies that it is not to be treated as a scheduled offence.

Textual Amendments

F38 Words in Sch. 9 Pt. 3 substituted (12.4.2010) by Justice (Northern Ireland) Act 2002 (c. 26), s. 87(1), Sch. 7 para. 23; S.R. 2010/113, art. 2, Sch. para. 19(d)