SCHEDULES

SCHEDULE 9 Scheduled Offences

Section 65.

Part I Substantive Offences

Common law offences

1

Murder F1. . . .

2

Manslaughter F2. . . .

3

Riot F3. . . .

4

Kidnapping F4. . . .

5

False imprisonment F5. . . .

Malicious Damage Act 1861 (c. 97)

6

Offences under section 35 of the M1Malicious Damage Act 1861 (interference with railway) F6. . . .

Offences against the Person Act 1861 (c. 100)

7

Offences under the following provisions of the M2Offences against the Person Act 1861 F7. . . —

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).

Explosive Substances Act 1883 (c. 3)

8

Offences under the following provisions of the M3Explosive Substances Act 1883 F8. . . —

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).

Prison Act (Northern Ireland) 1953 (c. 18 (N.I.))

9

Offences under the following provisions of the M4Prison Act (Northern Ireland) 1953 F9. . . —

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).

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

10

F10Subject to notes 2 and 3 below, offences under the following provisions of the M5Theft Act (Northern Ireland) 1969—

a

section 1 (theft) F11. . . ,

b

section 8 (robbery) F11. . . ,

c

section 9 (burglary) F11. . . ,

d

section 10 (aggravated burglary) F11. . . , F12and

e

F13. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

f

section 20 (blackmail) F11. . . .

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

11

Offences under the following provisions of the M6Protection of the Person and Property Act (Northern Ireland) 1969 F14. . . —

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.).

Hijacking

12

Offences under section 1 of the M7Aviation Security Act 1982 (aircraft) F15. . . .

13

Offences in Northern Ireland under section 2 of the M8Criminal Jurisdiction Act 1975 (vehicles or ships) F16. . . .

Criminal Damage (Northern Ireland) Order 1977 (S.I. 1977/426 (N.I. 4))

14

Offences under the following provisions of the M9Criminal Damage (Northern Ireland) Order 1977 F17. . . —

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).

Criminal Law (Amendment) (Northern Ireland) Order 1977 (S.I. 1977/1249 (N.I. 16))

15

Offences under Article 3 of the M10Criminal Law (Amendment) (Northern Ireland) Order 1977 (bomb hoaxes) F18. . . .

F21Firearms (Northern Ireland) Order 2004 (S.I. 2004/ (N.I. ))

Annotations:
Amendments (Textual)

F1916

Offences under the following provisions of the Firearms (Northern Ireland) Order 2004 F20. . . —

a

Article 24(1)(manufacturing, dealing in, repairing, etc., firearm or ammunition without firearms dealer’s certificate),

b

Article 37(1), (2) or (4)(sale, etc., of firearm or ammunition),

c

Article 45(1)(manufacturing, dealing in or possessing certain weapons, etc.),

d

Article 58(1)(possessing firearm or ammunition with intent to endanger life or cause serious damage to property),

e

Article 59 (use or attempted use of firearm or imitation firearm to prevent arrest of self or another),

f

Article 60 (carrying firearm or imitation firearm with intent to commit indictable offence or prevent arrest of self or another),

g

Article 61 (carrying firearm, etc. in public place) subject to note 4 below,

h

Article 63 (possession of firearm or ammunition by person who has been sentenced to imprisonment, etc. and sale of firearm or ammunition to such a person),

i

Article 64 (possessing firearm or ammunition in suspicious circumstances), and

j

Article 67 (shortening barrel of shotgun or converting imitation firearm into firearm).

Taking of Hostages Act 1982 (c. 28)

17

Offences under the M11Taking of Hostages Act 1982 F22. . . .

Nuclear Material (Offences) Act 1983 (c. 18)

18

Offences under section 2 of the M12Nuclear Material (Offences) Act 1983 (offences involving nuclear material: preparatory acts and threats) F23. . . .

Computer Misuse Act 1990 (c. 18)

19

Offences under the following provisions of the M13Computer Misuse Act 1990 F24. . . —

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).

Aviation and Maritime Security Act 1990 (c. 31)

20

Offences under the following provisions of the M14Aviation and Maritime Security Act 1990 F25. . . —

a

section 1 (endangering safety at aerodromes),

b

section 9 (hijacking of ships), and

c

section 10 (seizing or exercising control of fixed platforms).

Channel Tunnel (Security) Order 1994 (S.I. 1994/570)

21

Offences under the following provisions of M15the Channel Tunnel (Security) Order 1994 F26. . . —

a

Article 4 (hijacking of Channel Tunnel trains), and

b

Article 5 (seizing or exercising control of the tunnel system).

This Act

22

Offences 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 F27. . . , and

m

paragraphs 2 and 3 of Schedule 13 F27. . . .

F33Justice (Northern Ireland) Act 2004

Annotations:
Amendments (Textual)

22A

Offences 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), F28. . . .

F34Prevention of Terrorism Act 2005

Annotations:
Amendments (Textual)
F34

Sch. 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)

22B

Offences under section 9 of the Prevention of Terrorism Act 2005 (contravention of control order obligations and obstruction of persons serving control order).

F35Terrorism Act 2006

Annotations:
Amendments (Textual)
F35

Sch. 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

22C

Offences under Part 1 of the Terrorism Act 2006 (terrorism-related offences).

F36Fraud Act 2006

Annotations:
Amendments (Textual)
F36

Sch. 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

23

Offences under section 1 of the Fraud Act 2006 (fraud) subject to note 2 below.

Notes

1

Any offence specified in this Part of this Schedule F29. . . 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.

2

An offence specified in F30paragraph 10(a) or (c) or 23 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 M16Nuclear Material (Offences) Act 1983 F31. . .

3

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 M17Nuclear Material (Offences) Act 1983;

and expressions defined in section 10 of the M18Theft Act (Northern Ireland) 1969 have the same meaning when used in this note.

4

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.

F325

Notes 2 to 4 are subject to note 1.

Part II Inchoate and Related Offences

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 M19Criminal 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 M20Criminal 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.

Part III Extra-Territorial Offences

Any extra-territorial offence as defined in section 1(3) of the M21Criminal Jurisdiction Act 1975.

Note

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.