The Criminal Justice (Northern Ireland) Order 2004

Article 21

F1 SCHEDULE 2 N.I. QUALIFYING OFFENCES FOR PURPOSES OF ARTICLE 21

F1 By Sexual Offences (Northern Ireland) Order 2008 (S.I. 2008/1769 (N.I. 2)), arts. 1(3), 81, Sch. 1 para. 33(2)(3) and S.R. 2008/510, art. 2 it is provided that "new paras. 7A and 10A shall be inserted (2.2.2009) in Sch. 4". The reference to Sch. 4 rather than Sch. 2 is an apparent error which has been reported to the relevant Department and will be corrected in due course.

Offences Against the Person N.I.

Murder N.I.

1.  Murder.

Attempted murder N.I.

2.  An offence under Article 3 of the Criminal Attempts and Conspiracy (Northern Ireland) Order 1983 (NI 13) of attempting to commit murder.

Soliciting murder N.I.

3.  An offence under section 4 of the Offences against the Person Act 1861 (c. 100).

Manslaughter N.I.

4.  Manslaughter.

[F2 Corporate manslaughter N.I.

4A   An offence under section 1 of the Corporate Manslaughter and Corporate Homicide Act 2007.]

F2 Sch. 2 para. 4A and cross-heading inserted (6.4.2008) by Corporate Manslaughter and Corporate Homicide Act 2007 (c. 19), ss. 26, 27(1), Sch. 2 para. 4; S.I. 2008/401, art. 2(1)

Wounding or causing grievous bodily harm with intent N.I.

5.  An offence under section 18 of the Offences against the Person Act 1861 (c. 100).

Kidnapping N.I.

6.  Kidnapping.

Sexual Offences N.I.

Rape N.I.

7.  Rape.

Attempted rape N.I.

8.  An offence under section 2 of the Attempted Rape, etc., Act (Northern Ireland) 1960 (c. 3).

Intercourse with a girl under fourteen N.I.

9.  An offence under section 4 of the Criminal Law Amendment Act 1885 (c. 69) of unlawfully and carnally knowing a girl under fourteen.

Incest by a man with a girl under fourteen N.I.

10.  An offence under section 1(1) of the Punishment of Incest Act 1908 (c. 45) alleged to have been committed with a girl under fourteen.

Drugs Offences N.I.

Unlawful importation of Class A drug N.I.

11.  An offence under section 50(2) of the Customs and Excise Management Act 1979 (c. 2) alleged to have been committed in respect of a Class A drug (as defined by section 2 of the Misuse of Drugs Act 1971 (c. 38)).

Unlawful exportation of Class A drug N.I.

12.  An offence under section 68(2) of the Customs and Excise Management Act 1979 alleged to have been committed in respect of a Class A drug (as defined by section 2 of the Misuse of Drugs Act 1971).

Fraudulent evasion in respect of Class A drug N.I.

13.  An offence under section 170(1) or (2) of the Customs and Excise Management Act 1979 alleged to have been committed in respect of a Class A drug (as defined by section 2 of the Misuse of Drugs Act 1971).

Producing or being concerned in production of Class A drug N.I.

14.  An offence under section 4(2) of the Misuse of Drugs Act 1971 alleged to have been committed in relation to a Class A drug (as defined by section 2 of that Act).

Supplying or offering to supply Class A drug N.I.

15.  An offence under section 4(3) of the Misuse of Drugs Act 1971 alleged to have been committed in relation to a Class A drug (as defined by section 2 of that Act).

Theft Offences N.I.

Robbery N.I.

16.  An offence under section 8(1) of the Theft Act (Northern Ireland) 1969 (c. 16) where it is alleged that, at some time during the commission of the offence, the defendant had in his possession a firearm or imitation firearm (as defined by Article 2(2) of the Firearms (Northern Ireland) Order 2004 (NI 3)).

Criminal Damage Offences N.I.

Arson endangering life N.I.

17.  An offence under Article 3(2) of the Criminal Damage (Northern Ireland) Order 1977 (NI 4) alleged to have been committed by destroying or damaging property by fire.

Causing explosion likely to endanger life or property N.I.

18.  An offence under section 2 of the Explosive Substances Act 1883 (c. 3).

Intent or conspiracy to cause explosion likely to endanger life or property N.I.

19.  An offence under section 3(1)(a) of the Explosive Substances Act 1883.

War Crimes and Terrorism N.I.

Genocide, crimes against humanity and war crimes N.I.

20.  An offence under section 51 or 52 of the International Criminal Court Act 2001 (c. 17).

Grave breaches of the Geneva Conventions N.I.

21.  An offence under section 1 of the Geneva Conventions Act 1957 (c. 52).

Directing terrorist organisation N.I.

22.  An offence under section 56 of the Terrorism Act 2000 (c. 11).

Hostage-taking N.I.

23.  An offence under section 1 of the Taking of Hostages Act 1982 (c. 28).

Hijacking and Other Offences Relating to Aviation, [F3 Spaceflight,] Maritime and Rail Security N.I.

F3 Word in Sch. 2 para. 24 heading inserted (29.7.2021) by Space Industry Act 2018 (c. 5), s. 70(1), Sch. 12 para. 26(2); S.I. 2021/817, reg. 2, Sch. para. 116 (with reg. 3)

Hijacking of aircraft N.I.

24.  An offence under section 1 of the Aviation Security Act 1982 (c. 36).

Destroying, damaging or endangering the safety of aircraft N.I.

25.  An offence under section 2 of the Aviation Security Act 1982.

[F4 Hijacking of spacecraft N.I.

25A   An offence under paragraph 1 of Schedule 4 to the Space Industry Act 2018.

F4 Sch. 2 paras. 25A, 25B inserted (29.7.2021) by Space Industry Act 2018 (c. 5), s. 70(1), Sch. 12 para. 26(3); S.I. 2021/817, reg. 2, Sch. para. 116 (with reg. 3)

Destroying, damaging or endangering safety of spacecraft N.I.

25B   An offence under paragraph 2 of Schedule 4 to the Space Industry Act 2018.]

F4 Sch. 2 paras. 25A, 25B inserted (29.7.2021) by Space Industry Act 2018 (c. 5), s. 70(1), Sch. 12 para. 26(3); S.I. 2021/817, reg. 2, Sch. para. 116 (with reg. 3)

Hijacking of ships N.I.

26.  An offence under section 9 of the Aviation and Maritime Security Act 1990 (c. 31).

Seizing or exercising control of fixed platforms N.I.

27.  An offence under section 10 of the Aviation and Maritime Security Act 1990.

Destroying ships or fixed platforms or endangering their safety N.I.

28.  An offence under section 11 of the Aviation and Maritime Security Act 1990.

Hijacking of Channel Tunnel trains N.I.

29.  An offence under Article 4 of the Channel Tunnel (Security) Order 1994 (S.I.1994/570).

Seizing or exercising control of Channel Tunnel system N.I.

30.  An offence under Article 5 of the Channel Tunnel (Security) Order 1994 (S.I.1994/570).

Conspiracy N.I.

Conspiracy N.I.

31.  An offence under Article 9 of the Criminal Attempts and Conspiracy (Northern Ireland) Order 1983 of conspiracy to commit an offence listed in this Schedule.