Counter-Terrorism and Sentencing Act 2021

Section 3

SCHEDULE 3 U.K. Offences for the purposes of this Act: Northern Ireland

This is the Schedule to be inserted as Schedule 2A to the Criminal Justice (Northern Ireland) Order 2008 (S.I. 2008/1216 (N.I. 1))—

Article 12(6)

“SCHEDULE 2A U.K. Offences specified for various purposes of this Order relating to terrorism

PART 1 U.K. Introduction

1 (1) In this Schedule—

(a) Part 2 specifies certain terrorism offences that are—

(i) offences under the law of Northern Ireland; and

(ii) punishable with imprisonment for life;

(b) Part 3 specifies certain offences that—

(i) are offences under the law of Northern Ireland;

(ii) are not terrorism offences (but are offences capable of being determined to have a terrorist connection); and

(iii) are punishable with imprisonment for life;

(c) Part 4 specifies certain terrorism offences that are—

(i) offences under the law of Northern Ireland; and

(ii) punishable with imprisonment for more than two years (but not for life);

(d) Part 5 specifies certain terrorism offences that are—

(i) offences only under the law of a part of the United Kingdom other than Northern Ireland; and

(ii) punishable with imprisonment for life;

(e) Part 6 specifies certain offences that—

(i) are offences only under the law of a part of the United Kingdom other than Northern Ireland;

(ii) are not terrorism offences (but are offences capable of being determined to have a terrorist connection); and

(iii) are punishable with imprisonment for life;

(f) Part 7 specifies certain terrorism offences that are—

(i) offences only under the law of a part of the United Kingdom other than Northern Ireland; and

(ii) punishable with imprisonment for more than two years (but not for life).

(2) An offence specified in Parts 2 to 4 includes, for the purposes of Article 20A, that offence to the extent that it also forms part of the law of another part of the United Kingdom (and see also paragraph 15(2) of Schedule 1 to the Crime (Sentences) Act 1997 for provision relevant to the application of Article 20A to offences under the law of another part of the United Kingdom).

(3) In this Schedule any reference to an offence includes—

(a) an ancillary offence in relation to that offence (unless the reference is specifically to an ancillary offence); and

(b) an abolished offence in relation to that offence.

(4) In this Schedule—

(a) “ancillary offence”, in relation to an offence, has the same meaning as in the Counter-Terrorism Act 2008 (see section 94 of that Act);

(b) “abolished offence”, in relation to an offence (“the current offence”), means an offence that—

(i) was abolished before the commencement of section 3 of the Counter-Terrorism and Sentencing Act 2021; and

(ii) would, if committed on the day on which the offender is or was convicted, have constituted the current offence.

PART 2 U.K. Terrorism offences in Northern Ireland punishable with imprisonment for life

2 An offence under any of the following provisions of the Terrorism Act 2000—

(a) section 54 (weapons training);

(b) section 56 (directing a terrorist organisation);

(c) section 60 (inciting terrorism overseas), other than an offence which is an offence by virtue of subsection (2)(c) of that section.

3 An offence under any of the following provisions of the Terrorism Act 2006—

(a) section 5 (preparation of terrorist acts);

(b) section 6 (training for terrorism);

(c) section 9 (making or possession of radioactive device or material);

(d) section 10 (misuse of radioactive device or material for terrorist purposes etc);

(e) section 11 (terrorist threats relating to radioactive devices etc).

PART 3 U.K. Other offences in Northern Ireland punishable with imprisonment for life

4 An ancillary offence in relation to murder, other than one which must (in the case of an offender aged 21 or over) be punished by imprisonment for life.

5 Manslaughter.

6 Kidnapping.

7 False imprisonment.

8 Riot.

9 Affray.

10 An offence under any of the following provisions of the Offences against the Person Act 1861—

(a) section 4 (soliciting murder);

(b) section 18 (wounding with intent to cause grievous bodily harm);

(c) section 21 (attempting to choke, suffocate or strangle in order to commit or assist in the committing of an indictable offence);

(d) section 22 (using chloroform etc to commit or assist in the committing of any indictable offence);

(e) section 28 (causing bodily injury by explosives);

(f) section 29 (using explosives etc with intent to do grievous bodily harm);

(g) section 32 (endangering the safety of railway passengers).

11 An offence under any of the following provisions of the Explosive Substances Act 1883—

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

(b) section 3 (attempt to cause explosion, or making or keeping explosive with intent to endanger life or property);

(c) section 4 (making or possession of explosive under suspicious circumstances);

(d) section 5 (punishment of accessories to offences of causing or attempting to cause explosions or making or possessing explosives).

12 An offence under section 1 of the Infanticide Act (Northern Ireland) 1939 (infanticide).

13 An offence under section 25 of the Criminal Justice Act (Northern Ireland) 1945 (child destruction).

14 An offence under either of the following provisions of the Theft Act (Northern Ireland) 1969—

(a) section 8 (robbery);

(b) section 10 (aggravated burglary).

15 An offence under section 1 of the Biological Weapons Act 1974 (developing certain biological agents and toxins or biological weapons).

16 (1) An offence of arson under Article 3 of the Criminal Damage (Northern Ireland) Order 1977.

(2) An offence under Article 3(2) of that Order (destruction or damage of property with intent or recklessness as to endangerment of life) other than an offence of arson.

17 An offence under section 1 of the Taking of Hostages Act 1982 (hostage-taking).

18 An offence under any of the following provision of the Aviation Security Act 1982—

(a) section 1 (hijacking);

(b) section 2 (destroying, damaging or endangering safety of aircraft);

(c) section 3 (other acts endangering or likely to endanger safety of aircraft);

(d) section 6(2) (inducing or assisting the commission of offences relating to safety of aircraft).

19 An offence under either of the following provisions of the Nuclear Material (Offences) Act 1983—

(a) section 1B (offences relating to damage to the environment);

(b) section 2 (preparatory acts and threats).

20 An offence under section 134 of the Criminal Justice Act 1988 (torture).

21 An offence under any of the following provisions of the 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);

(d) section 11 (destroying ships or fixed platforms or endangering their safety);

(e) section 12 (other acts endangering or likely to endanger safe navigation);

(f) section 13 (offences involving threats);

(g) section 14(4) (inducing or assisting the commission of offences relating to hijacking of ships, or destroying ships or fixed platforms or endangering their safety).

22 An offence under Part 2 of the Channel Tunnel (Security) Order 1994 (S.I. 1994/570) (offences relating to Channel Tunnel trains and the tunnel system).

23 An offence under either of the following provisions of the Chemical Weapons Act 1996—

(a) section 2 (use etc of chemical weapons);

(b) section 11 (premises or equipment for producing chemical weapons).

24 An offence under section 58 or 59 of the International Criminal Court Act 2001 (genocide, crimes against humanity, war crimes and related offences), other than one involving murder.

25 An offence under either of the following provisions of the Anti-Terrorism, Crime and Security Act 2001—

(a) section 47 (use etc of nuclear weapons);

(b) section 50 (assisting or inducing certain weapons-related acts overseas).

26 An offence under any of the following provisions of the Firearms (Northern Ireland) Order 2004—

(a) Article 58(1) (possession of firearm with intent to endanger life etc);

(b) Article 59(1) (use of firearm to resist arrest);

(c) Article 59(2) (possession of firearm while committing other offence);

(d) Article 60 (carrying a firearm with criminal intent).

27 An offence under either of the following provisions of the Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act (Northern Ireland) 2015—

(a) section 1 (slavery, servitude and forced or compulsory labour);

(b) section 2 (human trafficking).

28 An offence under any of the following provisions of Schedule 4 to the Space Industry Act 2018—

(a) paragraph 1 (hijacking of spacecraft);

(b) paragraph 2 (destroying, damaging or endangering the safety of spacecraft);

(c) paragraph 3 (other acts endangering or likely to endanger safety of spacecraft);

(d) paragraph 4 (endangering safety at spaceports).

PART 4 U.K. Terrorism offences in Northern Ireland punishable with imprisonment for more than two years (but not life)

29 An offence under any of the following provisions of the Terrorism Act 2000—

(a) section 11 (membership of a proscribed organisation);

(b) section 12 (inviting or expressing support for a proscribed organisation);

(c) section 15 (fund-raising);

(d) section 16 (use of money or property for terrorist purposes);

(e) section 17 (involvement in terrorist funding arrangements);

(f) section 17A (insuring payments made in response to terrorist threats);

(g) section 18 (laundering of terrorist property);

(h) section 19 (failure to disclose professional belief or suspicion about terrorist offences);

(i) section 21A (failure in regulated sectors to disclose knowledge or suspicion about terrorist offences);

(j) section 38B (failure to disclose information about acts of terrorism);

(k) section 39 (disclosure of information prejudicial to a terrorist investigation etc);

(l) section 57 (possession of article for terrorist purposes);

(m) section 58 (collection of information likely to be of use to a terrorist);

(n) section 58A (publishing information about members of the armed forces etc);

(o) section 58B (entering or remaining in a designated area);

(p) section 60 (inciting terrorism overseas), in the case of an offence which is an offence by virtue of the reference in subsection (2)(c) of that section to an offence under section 23 of the Offences against the Person Act 1861.

30 An offence under section 113 of the Anti-terrorism, Crime and Security Act 2001 (use of noxious substance or thing to cause harm or intimidate).

31 An offence under any of the following provisions of the Terrorism Act 2006—

(a) section 1 (encouragement of terrorism);

(b) section 2 (dissemination of terrorist publications);

(c) section 8 (attendance at a place used for terrorist training).

32 An offence under section 54 of the Counter-Terrorism Act 2008 (breach of police notification requirements etc).

33 An offence under section 23 of the Terrorism Prevention and Investigation Measures Act 2011 (breach of notices imposing terrorism prevention and investigation measures).

34 An offence under section 10 of the Counter-Terrorism and Security Act 2015 (breach of temporary exclusion order).

PART 5 U.K. Terrorism offences only in other parts of the United Kingdom punishable with imprisonment for life

35 An offence under either of the following provisions of the Terrorism Act 2000—

(a) section 59 (inciting terrorism overseas: England and Wales), other than an offence which is an offence by virtue of subsection (2)(c) of that section;

(b) section 61 (inciting terrorism overseas: Scotland).

PART 6 U.K. Other offences only in other parts of the United Kingdom punishable with imprisonment for life

36 Culpable homicide (under the law of Scotland).

37 Abduction (under the law of Scotland).

38 Assault by explosive device (under the law of Scotland).

39 Assault to severe injury (under the law of Scotland).

40 Assault and poisoning (under the law of Scotland).

41 Poisoning (under the law of Scotland).

42 Robbery (under the law of Scotland).

43 Assault with intent to rob (under the law of Scotland).

44 Wilful fire-raising (under the law of Scotland).

45 Malicious mischief (under the law of Scotland).

46 An offence under section 1 of the Infant Life (Preservation) Act 1929 (child destruction).

47 An offence under section 1 of the Infanticide Act 1938 (infanticide).

48 An offence under any of the following provisions of the Firearms Act 1968—

(a) section 16 (possession of firearm with intent to endanger life);

(b) section 17(1) (use of firearm to resist arrest);

(c) section 17(2) (possession of firearm at time of committing or being arrested for offence specified in Schedule 1 to that Act);

(d) section 18 (carrying a firearm with criminal intent).

49 An offence under either of the following provisions of the Theft Act 1968—

(a) section 8 (robbery or assault with intent to rob);

(b) section 10 (aggravated burglary).

50 (1) An offence of arson under section 1 of the Criminal Damage Act 1971.

(2) An offence under section 1(2) of that Act (destruction or damage of property with intent or recklessness as to endangerment of life) other than an offence of arson.

51 An offence under section 51 or 52 of the International Criminal Court Act 2001 (genocide, crimes against humanity, war crimes and related offences: England and Wales), other than one involving murder.

52 An offence under section 1 or 2 of the International Criminal Court (Scotland) Act 2001 (asp 13) (genocide, crimes against humanity, war crimes and related offences), other than one involving murder.

53 An offence under either of the following provisions of the Modern Slavery Act 2015—

(a) section 1 (slavery, servitude and forced or compulsory labour);

(b) section 2 (human trafficking).

54 An offence under either of the following provisions of the Human Trafficking and Exploitation (Scotland) Act 2015 (asp 12)—

(a) section 1 (human trafficking);

(b) section 4 (slavery, servitude and forced or compulsory labour).

PART 7 U.K. Terrorism offences only in other parts of the United Kingdom punishable with imprisonment for more than two years (but not life)

55 An offence under section 59 of the Terrorism Act 2000 (inciting terrorism overseas: England and Wales), in the case of an offence which is an offence by virtue of the reference in subsection (2)(c) of that section to an offence under section 23 of the Offences against the Person Act 1861.”