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Section 65.
1Murder subject to note 1 below.
2Manslaughter subject to note 1 below.
3Riot subject to note 1 below.
4Kidnapping subject to note 1 below.
5False imprisonment subject to note 1 below.
6Offences under section 35 of the M1Malicious Damage Act 1861 (interference with railway) subject to note 1 below.
Marginal Citations
7Offences under the following provisions of the M2Offences against the Person Act 1861 subject to note 1 below—
(a)section 4 (offences relating to murder),
(b)section 16 (threats to kill),
(c)section 18 (wounding with intent to cause grievous bodily harm),
(d)section 20 (causing grievous bodily harm),
(e)section 29 (causing explosion or sending explosive substance or throwing corrosive liquid with intent to cause grievous bodily harm), and
(f)section 47 (assault occasioning actual bodily harm).
Marginal Citations
8Offences under the following provisions of the M3Explosive Substances Act 1883 subject to note 1 below—
(a)section 2 (causing explosion likely to endanger life or damage property),
(b)section 3 (intending or conspiring to cause any such explosion, and making or possessing explosive with intent to endanger life or cause serious damage to property), and
(c)section 4 (making or possessing explosives in suspicious circumstances).
9Offences under the following provisions of the M4Prison Act (Northern Ireland) 1953 subject to note 1 below—
(a)section 25 (being unlawfully at large while under sentence),
(b)section 26 (escaping from lawful custody and failing to surrender to bail),
(c)section 27 (attempting to break prison),
(d)section 28 (breaking prison by force or violence),
(e)section 29 (rescuing or assisting or permitting to escape from lawful custody persons under sentence of death or life imprisonment),
(f)section 30 (rescuing or assisting or permitting to escape from lawful custody persons other than persons under sentence of death or life imprisonment),
(g)section 32 (causing discharge of prisoner under pretended authority), and
(h)section 33 (assisting prisoners to escape by conveying things into prisons).
Marginal Citations
10Offences under the following provisions of the M5Theft Act (Northern Ireland) 1969—
(a)section 1 (theft) subject to note 2 below,
(b)section 8 (robbery) subject to notes 1 and 3 below,
(c)section 9 (burglary) subject to note 2 below,
(d)section 10 (aggravated burglary) subject to notes 1 and 3 below,
(e)section 15 (obtaining property by deception) subject to note 2 below, and
(f)section 20 (blackmail) subject to notes 1 and 2 below.
Marginal Citations
11Offences under the following provisions of the M6Protection of the Person and Property Act (Northern Ireland) 1969 subject to note 1 below—
(a)section 1 (intimidation),
(b)section 2 (making or possessing petrol bomb, etc. in suspicious circumstances), and
(c)section 3 (throwing or using petrol bomb, etc.).
Marginal Citations
12Offences under section 1 of the M7Aviation Security Act 1982 (aircraft) subject to note 1 below.
Marginal Citations
13Offences in Northern Ireland under section 2 of the M8Criminal Jurisdiction Act 1975 (vehicles or ships) subject to note 1 below.
Marginal Citations
14Offences under the following provisions of the M9Criminal Damage (Northern Ireland) Order 1977 subject to note 1 below—
(a)Article 3(1) and (3) or Article 3(2) and (3) (arson),
(b)Article 3(2) (destroying or damaging property with intent to endanger life),
(c)Article 4 (threats to destroy or damage property), and
(d)Article 5 (possessing anything with intent to destroy or damage property).
Marginal Citations
15Offences under Article 3 of the M10Criminal Law (Amendment) (Northern Ireland) Order 1977 (bomb hoaxes) subject to note 1 below.
Marginal Citations
M10S.I. 1977/1249 (N.I. 16
16Offences under the following provisions of the M11Firearms (Northern Ireland) Order 1981 subject to note 1 below—
(a)Article 4(1), (2), (3) or (4) (manufacturing, dealing in, repairing, etc, firearm or ammunition without being registered),
(b)Article 5 (shortening barrel of shot gun or converting imitation firearm into firearm),
(c)Article 6(1) (manufacturing, dealing in or possessing certain weapons, etc.),
(d)Article 17 (possessing firearm or ammunition with intent to endanger life or cause serious damage to property),
(e)Article 18 (use or attempted use of firearm or imitation firearm to prevent arrest of self or another etc.),
(f)Article 19 (carrying firearm or imitation firearm with intent to commit indictable offence or prevent arrest of self or another),
(g)Article 20 (carrying firearm, etc. in public place) subject to note 4 below,
(h)Article 22 (possession of firearm or ammunition by person who has been sentenced to imprisonment, etc. and sale of firearm or ammunition to such a person), and
(i)Article 23 (possessing firearm or ammunition in suspicious circumstances).
Marginal Citations
M11S.I. 1981/155 (N.I. 2
17Offences under the M12Taking of Hostages Act 1982 subject to note 1 below.
Marginal Citations
18Offences under section 2 of the M13Nuclear Material (Offences) Act 1983 (offences involving nuclear material: preparatory acts and threats) subject to note 1 below.
Marginal Citations
19Offences under the following provisions of the M14Computer Misuse Act 1990 subject to note 1 below—
(a)section 1 (unauthorised access to computer material),
(b)section 2 (unauthorised access with intent to commit further offence), and
(c)section 3 (unauthorised modification).
Marginal Citations
20Offences under the following provisions of the M15Aviation and Maritime Security Act 1990 subject to note 1 below—
(a)section 1 (endangering safety at aerodromes),
(b)section 9 (hijacking of ships), and
(c)section 10 (seizing or exercising control of fixed platforms).
Marginal Citations
21Offences under the following provisions of M16the Channel Tunnel (Security) Order 1994 subject to note 1 below—
(a)Article 4 (hijacking of Channel Tunnel trains), and
(b)Article 5 (seizing or exercising control of the tunnel system).
Marginal Citations
22Offences under the following provisions of this Act—
(a)section 11,
(b)section 12,
(c)section 13,
(d)sections 15 to 19,
(e)section 54,
(f)section 56,
(g)section 57,
(h)section 58,
(i)section 103,
(j)paragraph 37 of Schedule 4,
(k)Schedule 5,
(l)paragraph 10 of Schedule 10 subject to note 1 below, and
(m)paragraphs 2 and 3 of Schedule 13 subject to note 1 below.
Textual Amendments
F1Sch. 9 Pt. 1 para. 22A and preceding cross-heading inserted (14.7.2004) by Justice (Northern Ireland) Act 2004 (c. 4), s. 11, Sch. 2 para. 1(5) (with para. 5); S.R. 2004/267, art. 2
22AOffences under paragraph 1(1) or (2) of Schedule 2 to the Justice (Northern Ireland) Act 2004 (absconding by persons admitted to bail in respect of a scheduled offence), subject to note 1 below.
Valid from 19/02/2006
Textual Amendments
F2Sch. 9 Pt. 1 para. 22B and preceding cross-heading inserted (19.2.2006) by Terrorism (Northern Ireland) Act 2006 (c. 4), ss. {3(3)}, 5(3)
22BN.I.Offences under section 9 of the Prevention of Terrorism Act 2005 (contravention of control order obligations and obstruction of persons serving control order).]
Valid from 13/04/2006
Textual Amendments
F3Sch. 9 Pt. 1 para. 22C and preceding cross-heading inserted (13.4.2006) by Terrorism Act 2006 (c. 11), s. 37(4); S.I. 2006/1013, art. 2
22CN.I.Offences under Part 1 of the Terrorism Act 2006 (terrorism-related offences).]
Valid from 15/01/2007
Textual Amendments
F4Sch. 9 Pt. 1 para. 23 and preceding cross-heading inserted after para. 22 (15.1.2007) by Fraud Act 2006 (c. 35), s. 14(1), Sch. 1 para. 30(2); S.I. 2006/3200, art. 2
23N.I.Offences under section 1 of the Fraud Act 2006 (fraud) subject to note 2 below.]
1Any offence specified in this Part of this Schedule which is stated to be subject to this note is not a scheduled offence in any particular case in which the Attorney General for Northern Ireland certifies that it is not to be treated as a scheduled offence.
2An offence specified in paragraph 10(a), (c) or (e) is a scheduled offence only where it is charged that the offence was committed in relation to or by means of nuclear material within the meaning of the M17Nuclear Material (Offences) Act 1983; and the Attorney General for Northern Ireland shall not certify that the offence specified in paragraph 10(f) is not to be treated as a scheduled offence in a case where it is charged that the offence was so committed.
Marginal Citations
3N.I.An offence specified in paragraph 10(b) or (d) is a scheduled offence only where it is charged—
(a)that an explosive, firearm, imitation firearm or weapon of offence was used to commit the offence, or
(b)that the offence was committed in relation to or by means of nuclear material within the meaning of the M18Nuclear Material (Offences) Act 1983;
and expressions defined in section 10 of the M19Theft Act (Northern Ireland) 1969 have the same meaning when used in this note.
4N.I.The offence specified in paragraph 16(g) is a scheduled offence only where it is charged that the offence relates to a weapon other than an air weapon.
Each of the following offences, that is to say—
(a)aiding, abetting, counselling, procuring or inciting the commission of an offence specified in Part I of this Schedule (hereafter in this paragraph referred to as a “substantive offence”),
(b)attempting or conspiring to commit a substantive offence,
(c)an offence under section 4 of the M20Criminal Law Act (Northern Ireland) 1967 of doing any act with intent to impede the arrest or prosecution of a person who has committed a substantive offence, and
(d)an offence under section 5(1) of the M21Criminal Law Act (Northern Ireland) 1967 of failing to give information to a constable which is likely to secure, or to be of material assistance in securing, the apprehension, prosecution or conviction of a person for a substantive offence,
shall be treated for the purposes of Part VII of this Act as if it were the substantive offence.
Any extra-territorial offence as defined in section 1(3) of the M22Criminal Jurisdiction Act 1975.
Marginal Citations
An extra-territorial offence is not a scheduled offence in any particular case in which the Attorney General for Northern Ireland certifies that it is not to be treated as a scheduled offence.
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