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The Criminal Justice (Northern Ireland) Order 1996
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Changes over time for: Section 38
Version Superseded: 15/01/2007
Alternative versions:
- 01/01/2006- Amendment
- 07/06/2006- Amendment
- 07/06/2006
Point in time - 15/01/2007- Amendment
- 21/01/2011- Amendment
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The Criminal Justice (Northern Ireland) Order 1996, Section 38 is up to date with all changes known to be in force on or before 12 May 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Offences to which this Part appliesN.I.
38.—(1) This Part applies to two groups of offences—
(a)any offence mentioned in paragraph (2) (a “Group A offence”); and
(b)any offence mentioned in paragraph (3) (a “Group B offence”).
(2) The Group A offences are—
(a)an offence under any of the following provisions of the [1969 c. 16 (N.I.).] Theft Act (Northern Ireland) 1969—
section 1 (theft);
section 15 (obtaining property by deception);
[F1section 15A (obtaining a money transfer by deception);]
section 16 (obtaining pecuniary advantage by deception);
section 17 (false accounting);
section 18 (false statements by company directors, etc.);
section 19(2) (procuring execution of valuable security by deception);
section 20 (blackmail);
section 21 (handling stolen goods);
[F1section 23A (dishonestly retaining a wrongful credit);]
(b)an offence under either of the following provisions of the [1978 NI 23.] Theft (Northern Ireland) Order 1978—
Article 3 (obtaining services by deception);
Article 4 (avoiding liability by deception);
(c)an offence under any of the following provisions of the [1981 c. 45.] Forgery and Counterfeiting Act 1981—
section 1 (forgery);
section 2 (copying a false instrument);
section 3 (using a false instrument);
section 4 (using a copy of a false instrument);
section 5 (offences which relate to money orders, share certificates, passports, etc.);
[F2section 14 (offences of counterfeiting notes and coins);]
[F2section 15 (offences of passing etc counterfeit notes and coins);]
[F2section 16 (offences involving the custody or control of counterfeit notes and coins);]
[F2section 17 (offences involving or making or custody or control of counterfeiting materials and implements);]
[F2section 20 (prohibition of importation of counterfeit notes and coins);]
[F2section 21 (prohibition of exportation of counterfeit notes and coins);.]
[F3(ca)an offence under section 25 of the Identity Cards Act 2006;]
(d)the common law offence of cheating in relation to the public revenue.
(3) The Group B offences are—
(a)conspiracy to commit a Group A offence;
(b)conspiracy to defraud;
(c)attempting to commit a Group A offence;
(d)incitement to commit a Group A offence.
(4) The Secretary of State may by order amend paragraph (2) or (3) by adding or removing any offence.
F2SR 2000/226
F3Art. 38(2)(ca) inserted (7.6.2006) by Identity Cards Act 2006 (c. 15), ss. 30(5), 44(3); S.I. 2006/1439, art. 2(c)
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