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The Criminal Justice (Northern Ireland) Order 1996
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Changes over time for: Section 38
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Changes to legislation:
The Criminal Justice (Northern Ireland) Order 1996, Section 38 is up to date with all changes known to be in force on or before 08 January 2025. 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 Article 38:
- Instrument rev. in pt. by 1998 c. 40 s.9(1) (2) Sch.1 Pt.II para.10 Sch.2 Pt.II
- art. 53(1) art. 53 renumbered as art. 53(1) by 2019 c. 17 s. 44(6)
- art. 53(1)(a) substituted by 2019 c. 17 s. 43(2)
- art. 53(2)-(9) inserted by 2019 c. 17 s. 44(7)
- art. 54A inserted by 2019 c. 17 s. 37(3)
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):
- art. 53(1) art. 53 renumbered as art. 53(1) by 2019 c. 17 s. 44(6)
- art. 53(1)(a) substituted by 2019 c. 17 s. 43(2)
- art. 53(2)-(9) inserted by 2019 c. 17 s. 44(7)
- art. 54A inserted by 2019 c. 17 s. 37(3)
Offences to which this Part appliesN.I.
38.—(1) This Part applies to two groups of offences—
(a)any offence mentioned in paragraph (2) (a “Group A offence”); and
(b)any offence mentioned in paragraph (3) (a “Group B offence”).
(2) The Group A offences are—
(a)an offence under any of the following provisions of the [1969 c. 16 (N.I.).] Theft Act (Northern Ireland) 1969—
section 1 (theft);
F1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
section 17 (false accounting);
section 18 (false statements by company directors, etc.);
F1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
section 20 (blackmail);
section 21 (handling stolen goods);
[F2section 23A (dishonestly retaining a wrongful credit);]
(b)F3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F4(bb)an offence under any of the following provisions of the Fraud Act 2006—
(i)section 1 (fraud);
(ii)section 6 (possession etc. of articles for use in frauds);
(iii)section 7 (making or supplying articles for use in frauds);
(iv)section 9 (participating in fraudulent business carried on by sole trader etc.);
(v)section 11 (obtaining services dishonestly).]
(c)an offence under any of the following provisions of the [1981 c. 45.] Forgery and Counterfeiting Act 1981—
section 1 (forgery);
section 2 (copying a false instrument);
section 3 (using a false instrument);
section 4 (using a copy of a false instrument);
section 5 (offences which relate to money orders, share certificates, passports, etc.);
[F5section 14 (offences of counterfeiting notes and coins);]
[F5section 15 (offences of passing etc counterfeit notes and coins);]
[F5section 16 (offences involving the custody or control of counterfeit notes and coins);]
[F5section 17 (offences involving or making or custody or control of counterfeiting materials and implements);]
[F5section 20 (prohibition of importation of counterfeit notes and coins);]
[F5section 21 (prohibition of exportation of counterfeit notes and coins);.]
[F6(ca)an offence under any of sections 4 to 6 of the Identity Documents Act 2010;]
(d)the common law offence of cheating in relation to the public revenue.
(3) The Group B offences are—
(a)conspiracy to commit a Group A offence;
(b)conspiracy to defraud;
(c)attempting to commit a Group A offence;
(d)incitement to commit a Group A offence.
(4) The Secretary of State may by order amend paragraph (2) or (3) by adding or removing any offence.
F1Art. 38(2)(a): entries repealed (15.1.2007) by Fraud Act 2006 (c. 35), ss. 14(1)(3), 15(1), Sch. 1 para. 27(1), Sch. 3; S.I. 2006/3200, art. 2
F3Art. 38(2)(b) repealed (15.1.2007) by Fraud Act 2006 (c. 35), ss. 14(1)(3), 15(1), Sch. 1 para. 27(2), Sch. 3; S.I. 2006/3200, art. 2
F4Art. 38(2)(bb) inserted (15.1.2007) by Fraud Act 2006 (c. 35), ss. 14(1), 15(1), Sch. 1 para. 27(3); S.I. 2006/3200, art. 2
F5SR 2000/226
F6Art. 38(2)(ca) substituted (21.1.2011) by Identity Documents Act 2010 (c. 40), ss. 12, 14(2), Sch. para. 9
Modifications etc. (not altering text)
C1Art. 38(3)(d) modified (1.10.2008) by Serious Crime Act 2007 (c. 27), ss. 63(1), 94(1), Sch. 6 para. 33(a) (with Sch. 13 para. 5); S.I. 2008/2504, art. 2(a)
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