The Criminal Justice (Northern Ireland) Order 1996

Attempt, conspiracy and incitement

42.—(1) In the [1983 NI 13.] Criminal Attempts and Conspiracy (Northern Ireland) Order 1983—

(a)after Article 3 there shall be inserted—

“Extended jurisdiction in relation to certain attempts

3A.—(1) If this Article applies to an act, what the person doing the act had in view shall be treated as an offence to which Article 3(1) applies.

(2) This Article applies to an act if—

(a)it is done in Northern Ireland, and

(b)it would fall within Article 3(1) as more than merely preparatory to the commission of a Group A offence but for the fact that that offence, if completed, would not be an offence triable in Northern Ireland.

(3) In this Article “Group A offence” has the same meaning as in Part III of the Criminal Justice (Northern Ireland) Order 1996.

(4) Paragraph (1) is subject to the provisions of Article 43 of the Order of 1996 (relevance of external law).

(5) Where a person does any act to which this Article applies, the offence which he commits shall for all purposes be treated as the offence of attempting to commit the relevant Group A offence.”;

(b)after Article 9 there shall be inserted—

“Extended jurisdiction over certain conspiracies

9A.—(1) This Part has effect in relation to an agreement which falls within this Article as it has effect in relation to one which falls within Article 9(1).

(2) An agreement falls within this Article if—

(a)a party to it, or a party’s agent, did anything in Northern Ireland in relation to it before its formation, or

(b)a party to it became a party in Northern Ireland (by joining it either in person or through an agent), or

(c)a party to it, or a party’s agent, did or omitted anything in Northern Ireland in pursuance of it,

and the agreement would fall within Article 9(1) as an agreement relating to the commission of a Group A offence but for that offence, if committed in accordance with the parties' intentions, not being an offence triable in Northern Ireland.

(3) In paragraph (2) “Group A offence” has the same meaning as in Part III of the Criminal Justice (Northern Ireland) Order 1996.

(4) Paragraph (1) is subject to the provisions of Article 43 of the Order of 1996 (relevance of external law).

(5) An offence which is an offence of conspiracy, by virtue of this Article, shall be treated for all purposes as an offence of conspiracy to commit the relevant Group A offence.”.

(2) A person may be guilty of incitement to commit a Group A offence if the incitement—

(a)takes place in Northern Ireland; and

(b)would be triable in Northern Ireland but for what the person charged had in view not being an offence triable in Northern Ireland.

(3) A person may be guilty of conspiracy to defraud if—

(a)a party to the agreement constituting the conspiracy, or a party’s agent, did anything in Northern Ireland in relation to the agreement before its formation, or

(b)a party to it became a party in Northern Ireland (by joining it either in person or through an agent), or

(c)a party to it, or a party’s agent, did or omitted anything in Northern Ireland in pursuance of it,

and the conspiracy would be triable in Northern Ireland but for the fraud which the parties to it had in view not being intended to take place in Northern Ireland.

(4) Paragraphs (2) and (3) are subject to Article 43.