Criminal Jurisdiction Act 1975
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Change 1
SCHEDULE 1 Offences in Republic of Ireland Triable in Northern Ireland
Section 1. Part I Common law offences 1 Murder. 2 Manslaughter. 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Kidnapping. 5 False imprisonment. Criminal damage 6 Any offence under section 35 of the Malicious Damage Act 1861 (interference with railways). 6A Any offence under Article 3(1) and (3) or Article 3(2) and (3) of the Criminal Damage (Northern Ireland) Order 1977 (arson). Offences against the person 7 An offence under any of the following provisions of the Offences against the Person Act 1861— (i) section 18 (wounding with intent to cause grievous bodily harm); (ii) section 20 (causing grievous bodily harm). Explosive substances 8 An offence under any of the following provisions of the Explosive Substances Act 1883— (i) section 2 (causing explosion likely to endanger life or damage property); (ii) section 3 (attempting to cause any such explosion, and making or possessing explosive with intent to endanger life or damage property); (iii) section 4 (making or possessing explosive in suspicious circumstances). Note. The said sections 2 and 3 are amended by section 7 of this Act. Firearms 9 An offence under any of the following provisions of the Firearms (Northern Ireland) Order 2004— (i) Article 58(1) (possession of firearm or ammunition with intent to endanger life or cause serious damage to property); (ii) Article 59(1) (use of firearm or imitation firearm with intent to resist arrest); (iii) Article 59(2) (possession of firearm or imitation firearm when committing or arrested for specified offences) where the specified offence is one under Article 172 of the Road Traffic (Northern Ireland) Order 1981 (taking and driving away motor vehicle); (iv) Article 60 (carrying firearm or imitation firearm with intent to commit indictable offence or prevent arrest of self or another); (v) Article 64 (possession of firearm or ammunition in suspicious circumstances). Aggravated theft 10 (1) An offence under any of the following provisions of the Theft Act (Northern Ireland) 1969— (i) section 8 (robbery); (ii) section 10 (aggravated burglary). (2) Robbery and aggravated burglary are included in this Schedule only where it is charged that an explosive, firearm, imitation firearm or weapon of offence was used to commit the offence; and expressions defined in the said section 10 have the same meaning when used in this sub-paragraph. Hijacking 11 An offence under section 1 of the the Aviation Security Act 1982 (hijacking aircraft). Endangering safety at aerodromes 11A An offence under section 1 of the Aviation and Maritime Security Act 1990 (endangering safety at aerodromes). Offences relating to ships and fixed platforms 11B An offence under section 9 of the Aviation and Maritime Security Act 1990 (hijacking of ships) or under section 10 of that Act (seizing or exercising control of fixed platforms). Part II 12 (1) The provisions of the law of Northern Ireland which are referred to in Part I of this Schedule, as applied by this Act to acts or ommissions in the Republic of Ireland, shall be read with any necessary modifications, and in particular as if references to what is lawful or unlawful included what is lawful or unlawful under the law of the Republic of Ireland. (2) In applying Article 23 of the Firearms (Northern Ireland) Order 1981 (possession of firearms or ammunition in suspicious circumstances) to acts or omissions in the Republic of Ireland, the absence of the licence or other authority requisite under the law of the Republic of Ireland relating to firearms, or a breach of a condition attached to the licence or other authority, is a circumstance which may give rise to a reasonable suspicion that possession is not for a lawful object. The provisions of this sub-paragraph are without prejudice to the generality of sub-paragraph (1) above. (3) The reference in section 1(3) of this Act to an offence under subsection (1) includes all offences to which subsection (1) applies whether or not the act or omission in the Republic of Ireland is, under the Explosive Substances Act 1883 or any other enactment, an offence under the law of Northern Ireland apart from the provisions of the said subsection (1).
SCHEDULE 1 Offences in Republic of Ireland Triable in Northern Ireland
Section 1. Part I Common law offences 1 Murder. 2 Manslaughter. 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Kidnapping. 5 False imprisonment. Criminal damage 6 Any offence under section 35 of the Malicious Damage Act 1861 (interference with railways). 6A Any offence under Article 3(1) and (3) or Article 3(2) and (3) of the Criminal Damage (Northern Ireland) Order 1977 (arson). Offences against the person 7 An offence under any of the following provisions of the Offences against the Person Act 1861— (i) section 18 (wounding with intent to cause grievous bodily harm); (ii) section 20 (causing grievous bodily harm). Explosive substances 8 An offence under any of the following provisions of the Explosive Substances Act 1883— (i) section 2 (causing explosion likely to endanger life or damage property); (ii) section 3 (attempting to cause any such explosion, and making or possessing explosive with intent to endanger life or damage property); (iii) section 4 (making or possessing explosive in suspicious circumstances). Note. The said sections 2 and 3 are amended by section 7 of this Act. Firearms 9 An offence under any of the following provisions of the Firearms (Northern Ireland) Order 2004— (i) Article 58(1) (possession of firearm or ammunition with intent to endanger life or cause serious damage to property); (ii) Article 59(1) (use of firearm or imitation firearm with intent to resist arrest); (iii) Article 59(2) (possession of firearm or imitation firearm when committing or arrested for specified offences) where the specified offence is one under Article 172 of the Road Traffic (Northern Ireland) Order 1981 (taking and driving away motor vehicle); (iv) Article 60 (carrying firearm or imitation firearm with intent to commit indictable offence or prevent arrest of self or another); (v) Article 64 (possession of firearm or ammunition in suspicious circumstances). Aggravated theft 10 (1) An offence under any of the following provisions of the Theft Act (Northern Ireland) 1969— (i) section 8 (robbery); (ii) section 10 (aggravated burglary). (2) Robbery and aggravated burglary are included in this Schedule only where it is charged that an explosive, firearm, imitation firearm or weapon of offence was used to commit the offence; and expressions defined in the said section 10 have the same meaning when used in this sub-paragraph. Hijacking 11 An offence under section 1 of the the Aviation Security Act 1982 (hijacking aircraft). Endangering safety at aerodromes 11A An offence under section 1 of the Aviation and Maritime Security Act 1990 (endangering safety at aerodromes). Offences relating to ships and fixed platforms 11B An offence under section 9 of the Aviation and Maritime Security Act 1990 (hijacking of ships) or under section 10 of that Act (seizing or exercising control of fixed platforms). Part II 12 (1) The provisions of the law of Northern Ireland which are referred to in Part I of this Schedule, as applied by this Act to acts or ommissions in the Republic of Ireland, shall be read with any necessary modifications, and in particular as if references to what is lawful or unlawful included what is lawful or unlawful under the law of the Republic of Ireland. (2) In applying Article 23 of the Firearms (Northern Ireland) Order 1981 (possession of firearms or ammunition in suspicious circumstances) to acts or omissions in the Republic of Ireland, the absence of the licence or other authority requisite under the law of the Republic of Ireland relating to firearms, or a breach of a condition attached to the licence or other authority, is a circumstance which may give rise to a reasonable suspicion that possession is not for a lawful object. The provisions of this sub-paragraph are without prejudice to the generality of sub-paragraph (1) above. (3) The reference in section 1(3) of this Act to an offence under subsection (1) includes all offences to which subsection (1) applies whether or not the act or omission in the Republic of Ireland is, under the Explosive Substances Act 1883 or any other enactment, an offence under the law of Northern Ireland apart from the provisions of the said subsection (1).
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