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- Point in Time (01/02/1991)
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Version Superseded: 27/04/1997
Point in time view as at 01/02/1991. This version of this provision has been superseded.
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(1)Proceedings for an offence which (disregarding the provisions of the M1Suppression of Terrorism Act 1978 [F1and the Nuclear Material (Offences) Act 1983]) would not be an offence apart from the preceding section shall not be begun—
(a)in Northern Ireland, except by or with the consent of the Attorney General for Northern Ireland;
(b)in England and Wales, except by or with the consent of the Attorney General;
and references to a consent provision in article 7(3) to (5) of the M2Prosecution of Offences (Northern Ireland) Order 1972 (which relates to consents for prosecutions) shall include so much of this subsection as precedes paragraph (b).
(2)Without prejudice to any jurisdiction exercisable apart from this subsection, every sheriff court in Scotland shall have jurisdiction to entertain proceedings for an offence which (disregarding the provisions of the M3Suppression of Terrorism Act 1978 [F1and the Nuclear Material (Offences) Act 1983]) would not be an offence in Scotland apart from the preceding section.
(3)Nothing in the preceding section shall prejudice the operation of any rule of law relating to attempts to commit offences, section 8 of the M4Accessories and Abettors Act 1861 or any rule of law in Scotland relating to art and part guilt.
(4)In the Schedule to the Visiting Forces Act 1952 M5 (which specifies the offences which are offences against the person and against property for the purposes of section 3 of that Act)—
(a)at the end of paragraph 1 there shall be inserted the following sub-paragraph—
“(c)an offence of making such a threat as is mentioned in subsection (3)(a) of section 1 of the Internationally Protected Persons Act 1978 and any of the following offences against a protected person within the meaning of that section, namely, an offence of kidnapping, an offence of false imprisonment and an offence under section 2 of the Explosive Substances Act 1883 of causing an explosion likely to endanger life.”;
(b)at the end of paragraph 2 there shall be inserted the following sub-paragraph—
“(c)an offence of making such a threat as is mentioned in subsection (3)(a) of section 1 of the Internationally Protected Persons Act 1978 and the following offence against a protected person within the meaning of that section, namely, an offence under section 2 of the Explosive Substances Act 1883 of causing an explosion likely to endanger life.” ;
(c)at the end of paragraph 3 there shall be inserted the following sub-paragraph—
“(i)an offence under section 2 of the Explosive Substances Act 1883 of causing an explosion likely to cause serious injury to property in connection with such an attack as is mentioned in section 1(1)(b) of the Internationally Protected Persons Act 1978.” ;
(d)at the end of paragraph 4 there shall be inserted the following sub-paragraph—
“(c)any of the following offences in connection with such an attack as is mentioned in section 1(1)(b) of the Internationally Protected Persons Act 1978, namely, an offence of wilful fire-raising and an offence under section 2 of the Explosive Substances Act 1883 of causing an explosion likely to cause serious injury to property.”.
Textual Amendments
F1Words inserted (prosp.) by Nuclear Material (Offences) Act 1983 (c. 18, SIF 8), ss. 4(1)(a), 8
Modifications etc. (not altering text)
C1The text of s. 2(4), 5(4)(a)(b) is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.
Marginal Citations
M2S.I. 1972 No. 538 (N.I. 1)
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