Search Legislation

Advanced Search

The Criminal Justice (Northern Ireland) Order 2004

Changes to legislation:

The Criminal Justice (Northern Ireland) Order 2004 is up to date with all changes known to be in force on or before 12 November 2024. There are changes that may be brought into force at a future date. Help about Changes to Legislation

Close

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 affected provisions when you open the content using the Table of Contents below.

View outstanding changes

Changes and effects yet to be applied to :

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):

  • Sch. 4 para. 7A inserted by S.I. 2008/1769 (N.I.) Sch. 1 para. 33(2) (Amendment not applied due to drafting error by 2008 1769 (N.I. 2) - the amended provision should read Sch. 2 para. 7A (not Sch. 4 para. 7A). This error has been reported to the relevant Department for correction in due course.)
  • Sch. 4 para. 10A inserted by S.I. 2008/1769 (N.I.) Sch. 1 para. 33(3) (Amendment not applied due to drafting error by 2008 1769 (N.I. 2) - the amended provision should read Sch. 2 para. 10A (not Sch. 4 para. 10A). This error has been reported to the relevant Department for correction in due course.)
  • art. 11A inserted by 2015 c. 9 (N.I.) s. 52(3)
  • art. 14(2)(aa) inserted by 2015 c. 9 (N.I.) s. 52(6)

  1. Introductory Text

  2. PART I INTRODUCTORY

    1. 1.Title and commencement

    2. 2.Interpretation

  3. PART II AMENDMENTS OF POLICE AND CRIMINAL EVIDENCE (NORTHERN IRELAND) ORDER 1989

    1. 3.Extension of powers to stop and search

    2. 4.Bail elsewhere than at police station

    3. 5.Limits on periods of detention without charge

    4. 6.Property of detained persons

    5. 7.Taking fingerprints without consent

    6. 8.Taking non-intimate samples without consent

    7. Article 9—Amendments (related to the provisions of this Part)

  4. PART III LIVE LINKS

    1. 10.Live links in criminal proceedings

    2. 11.Effect of, and rescission of, direction

    3. 11B.Witnesses outside the United Kingdom

    4. 12.Magistrates' courts permitted to sit at other locations

    5. 13.Warning to jury

    6. 14.Rules of court

    7. 15.Interpretation of Part III

  5. PART IV PROSECUTION APPEALS

    1. Introduction

      1. 16.Introduction

    2. General right of appeal in respect of rulings

      1. 17.General right of appeal in respect of rulings

      2. 18.Expedited and non-expedited appeals

      3. 19.Continuation of proceedings for offences not affected by ruling

      4. 20.Determination of appeal by Court of Appeal

    3. Right of appeal in respect of evidentiary rulings

      1. 21.Right of appeal in respect of evidentiary rulings

      2. 22.Condition that evidentiary ruling significantly weakens prosecution case

      3. 23.Expedited and non-expedited appeals

      4. 24.Continuation of proceedings for offences not affected by ruling

      5. 25.Determination of appeal by Court of Appeal

      6. 26.Reversal of rulings

    4. Miscellaneous and supplemental

      1. 27.Appeals to the House of Lords

      2. 28.Costs

      3. 29.Effect on time limits in relation to preliminary stages

      4. 30.Restrictions on reporting

      5. 31.Offences in connection with reporting

      6. 32.Rules of court

      7. 33.Interpretation of Part IV

  6. PART V SUPPLEMENTARY

    1. 34.Orders

    2. Article 35—Repeals

    3. 36.Supplementary and consequential provision, etc

  7. SCHEDULES

    1. Schedule 1—Amendments

    2. SCHEDULE 2

      QUALIFYING OFFENCES FOR PURPOSES OF ARTICLE 21

      1. Offences Against the Person

        1. 1.Murder

        2. 2.Attempted murder

        3. 3.Soliciting murder

        4. 4.Manslaughter

        5. 4A.Corporate manslaughter

        6. 5.Wounding or causing grievous bodily harm with intent

        7. 6.Kidnapping

      2. Sexual Offences

        1. 7.Rape

        2. 8.Attempted rape

        3. 9.Intercourse with a girl under fourteen

        4. 10.Incest by a man with a girl under fourteen

      3. Drugs Offences

        1. 11.Unlawful importation of Class A drug

        2. 12.Unlawful exportation of Class A drug

        3. 13.Fraudulent evasion in respect of Class A drug

        4. 14.Producing or being concerned in production of Class A drug

        5. 15.Supplying or offering to supply Class A drug

      4. Theft Offences

        1. 16.Robbery

      5. Criminal Damage Offences

        1. 17.Arson endangering life

        2. 18.Causing explosion likely to endanger life or property

        3. 19.Intent or conspiracy to cause explosion likely to endanger life or property

      6. War Crimes and Terrorism

        1. 20.Genocide, crimes against humanity and war crimes

        2. 21.Grave breaches of the Geneva Conventions

        3. 22.Directing terrorist organisation

        4. 23.Hostage-taking

      7. Hijacking and Other Offences Relating to Aviation, Spaceflight, Maritime and Rail Security

        1. 24.Hijacking of aircraft

        2. 25.Destroying, damaging or endangering the safety of aircraft

        3. 25A.Hijacking of spacecraft

        4. 25B.Destroying, damaging or endangering safety of spacecraft

        5. 26.Hijacking of ships

        6. 27.Seizing or exercising control of fixed platforms

        7. 28.Destroying ships or fixed platforms or endangering their safety

        8. 29.Hijacking of Channel Tunnel trains

        9. 30.Seizing or exercising control of Channel Tunnel system

      8. Conspiracy

        1. 31.Conspiracy

    3. Schedule 3—Repeals

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Memorandum

Explanatory Memorandum sets out a brief statement of the purpose of a Northern Ireland Order in Council and provides information about its policy objective and policy implications. They aim to make the Order accessible to readers who are not legally qualified and accompany any Northern Ireland Order in Council made since 2002.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as made version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources

The data on this page is available in the alternative data formats listed: