Northern Ireland (Emergency Provisions) Act 1973

Section 27.

SCHEDULE 4The Scheduled Offences

PART ISubstantive Offences

Common law offences

1Murder, subject to note 1 below.

2Manslaughter, subject to note 1 below.

3The common law offence of arson.

4The common law offence of riot.

[1861 c. 97.] Malicious Damage Act 1861

5Offences under the following provisions of the Malicious Damage Act 1861—

(a)section 1 (setting fire to church, etc.);

(b)section 2 (setting fire to a dwelling house while a person is inside);

(c)section 3 (setting fire to house, outhouse or business or farming premises with intent to injure or defraud any person);

(d)section 4 (setting fire to railway station, etc.) ;

(e)section 5 (setting fire to any public building);

(f)section 6 (setting fire to other buildings);

(g)section 7 (setting fire to things in or near a building);

(h)section 9 (destroying or damaging building while a person is inside or so as to endanger life);

(i)section 10 (placing explosive in or near a building with intent to destroy or damage property);

(j)section 11 (riotous demolition of building);

(k)section 12 (riotously injuring building, machinery, etc.);

(l)section 16 (setting fire to crops, tree plantations, etc.);

(m)section 17 (setting fire to haystacks, etc.) ;

(n)section 45 (placing explosive in or near ship with intent to damage it or other property).

[1861 c. 100.] Offences against the Person Act 1861

6Offences under the following provisions of the Offences against the Person Act 1861, subject as mentioned below.—

(a)section 18 (wounding with intent to cause grievous bodily harm) subject to note 2 below ;

(b)section 20 (causing grievous bodily harm) subject to note 2 below ;

(c)section 28 (causing grievous bodily harm by explosives);

(d)section 29 (causing explosion or sending explosive substance or throwing corrosive liquid with intent to cause grievous bodily harm);

(e)section 30 (placing explosive near building or ship with intent to do bodily injury);

(f)section 47 (assault occasioning actual bodily harm) subject to note 2 below.

[1883 c. 3.] Explosive Substances Act 1883

7Offences under the following provisions of the Explosive Substances Act 1883—

(a)section 2 (causing explosion likely to endanger life or damage property);

(b)section 3 (attempting to cause any such explosion, and making or possessing explosive with intent to endanger life or damage property);

(c)section 4 (making or possessing explosives in suspicious circumstances).

[1968 c. 28 (N.I.).] Criminal Justice (Miscellaneous Provisions) Act (Northern Ireland) 1968

8Offences under section 9 of the Criminal Justice (Miscellaneous Provisions) Act (Northern Ireland) 1968 (riotous behaviour) subject to note 3 below.

[1969 c. 12 (N.I.).] Firearms Act (Northern Ireland) 1969

9Offences under the following provisions of the Firearms Act (Northern Ireland) 1969—

(a)section 1 (possessing, purchasing or acquiring firearms or ammunition without certificate) ;

(b)section 2 (manufacturing, dealing in, repairing, etc., firearms or ammunition without being registered) ;

(c)section 3 (shortening barrel of shotgun or converting imitation firearm into firearm) ;

(d)section 4 (manufacturing, dealing in or possessing machine gun or pistol, or weapon discharging, or ammunition containing, noxious substance);

(e)section 14 (possessing firearm or ammunition with intent to endanger life or cause serious damage to property);

(f)section 15 (use or attempted use of firearm or imitation firearm to prevent arrest of self or another, etc.);

(g)section 16 (carrying firearm or imitation firearm with intent to commit indictable offence or prevent arrest of self or another);

(h)section 17 (carrying firearm, etc., in public place) ;

(i)section 19 (possession of firearm by person who has been sentenced to imprisonment, etc., and sale of firearm to such a person);

(j)section 19A (possessing firearm or ammunition in suspicious circumstances).

[1969 c. 16 (N.I.).] Theft Act (Northern Ireland) 1969

10Offences under the following provisions of the Theft Act (Northern Ireland) 1969, subject as mentioned below.—

(a)section 8 (robbery) subject to note 4 below;

(b)section 10 (aggravated burglary) subject to note 4 below.

[1969 c. 29 (N.I.).] Protection of the Person and Property Act (Northern Ireland) 1969

11Offences under the following provisions of the Protection of the Person and Property Act (Northern Ireland) 1969—

(a)section 1 (intimidation);

(b)section 2 (making or possessing petrol bombs, etc.);

(c)section 3 (throwing or using petrol bombs, etc.).

This Act

12Offences under the following provisions of this Act—

(a)section 19 ;

(b)section 20 ;

(c)paragraph 38 of Schedule 1.

NOTES

1Neither murder nor manslaughter shall be 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 under section 18, 20 or 47 of the [1861 c. 100.] Offences against the Person Act 1861 shall not be 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.

3An offence under section 9 of the [1968 c. 28 (N.I.).] Criminal Justice (Miscellaneous Provisions) Act (Northern Ireland) 1968 shall be a scheduled offence only where the maximum term of imprisonment is eighteen months by virtue of section 22 above.

4Robbery and aggravated burglary shall be scheduled offences only where it is charged that an explosive, firearm, imitation firearm or offensive weapon was used to commit the offence.

PART IIInchoate and Related Offences

13Each 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 [1967 c. 18 (N.I.).] Criminal 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 ;

shall be treated for the purposes of this Act as if it were the substantive offence.