Northern Ireland (Emergency Provisions) Act 1978 (Repealed 27.8.1991)

SCHEDULE 4 The Scheduled Offences

Section 30. Part I Substantive Offences Common law offences 1 Murder, subject to note 1 below. 2 Manslaughter, subject to note 1 below. 3 The common law offence of riot. 4 Kidnapping , subject to note 1 below. 5 False imprisonment , subject to note 1 below. 6 Assault occasioning actual bodily harm, subject to note 1 below. Malicious Damage Act 1861 7 Offences under section 35 of the Malicious Damage Act 1861 (interference with railway) , subject to note 2 below. Offences against the Person Act 1861 8 Offences under the following provisions of the Offences against the Person Act 1861, subject as mentioned below,— (a) section 4 (conspiracy, etc. to murder) subject to note 2 below; (b) section 16 (threats to kill) subject to note 2 below; (c) section 18 (wounding with intent to cause grievous bodily harm) subject to note 2 below; (d) section 20 (causing grievous bodily harm) subject to note 2 below; (e) section 28 (causing grievous bodily harm by explosives); (f) section 29 (causing explosion or sending explosive substance or throwing corrosive liquid with intent to cause grievous bodily harm); (g) section 30 (placing explosive near building or ship with intent to do bodily injury). Explosive Substances Act 1883 9 Offences under the following provisions of the Explosives 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 cause serious damage to property); (c) section 4 (making or possessing explosives in suspicious circumstances). Prison Act (Northern Ireland) 1953 10 Offences under the following provisions of the Prison Act (Northern Ireland) 1953, subject to note 2 below,— (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); (h) section 33 (assisting prisoners to escape by conveying things into prisons). Firearms Act (Northern Ireland) 1969 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 Theft Act (Northern Ireland) 1969 12 Offences under the following provisions of the Theft Act (Northern Ireland) 1969, subject to note 4notes 4 and 5 below— (a) section 8 (robbery); (b) section 10 (aggravated burglary). (c) section 1 (theft); (d) section 9 (burglary); (e) section 15 (obtaining property by deception); (f) section 20 (blackmail), subject to note 2 below. Protection of the Person and Property Act (Northern Ireland) 1969 13 Offences under the following provisions of the Protection of the Person and Property Act (Northern Ireland) 1969— (a) section 1 (intimidation) , subject to note 2 below; (b) section 2 (making or possessing petrol bomb, etc. in suspicious circumstances); (c) section 3 (throwing or using petrol bomb, etc.). Hijacking 14 Offences under section 1 of the Aviation Security Act 1982 (aircraft). 15 Offences in Northern Ireland under section 2 of the Criminal Jurisdiction Act 1975 (vehicles and ships). Prevention of Terrorism (Temporary Provisions) Act 1984 16 Offences under the following provisions of the Prevention of Terrorism (Temporary Provisions) Act 1984— (a) section 9 (breach of exclusion orders); (b) section 10 (contributions towards acts of terrorism); (c) section 11 (information about acts of terrorism). Criminal Damage (Northern Ireland) Order 1977 17 Offences under the following provisions of the Criminal Damage (Northern Ireland) Order 1977, subject to note 2 below— (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); (d) Article 5 (possessing anything with intent to destroy or damage property). Criminal Law (Amendment) (Northern Ireland) Order 1977 18 Offences under Article 3 of the Criminal Law (Amendment) (Northern Ireland) Order 1977 (bomb hoaxes), subject to note 2 below. This Act 19 Offences under the following provisions of this Act— (a) section 21; (b) section 22; (c) section 23; (ca) section 25; (cb) section 26; (d) paragraph 13 of Schedule 1. The Firearms (Northern Ireland) Order 1981 19A Offences under the following provisions of the Firearms (Northen Ireland) Order 1981— (a) Article 3(1) (possessing, purchasing or aquiring firearm or ammunition without certificate) , subject to note 2 below; (b) Article 4(1), (2), (3) or (4) (manufacturing, dealing in, repairing etc., firearm or ammunition without being registered) subject to note 2 below; (c) Article 5 (shortening barrel of shot gun or converting imitation firearm into firearm) subject to note 2 below; (d) Article 6(1) (manufacturing, dealing in or possessing machine gun, or weapon discharging, or ammunition containing, noxious substance) subject to note 2 below; (e) Article 17 (possessing firearm or ammunition with intent to endanger life or cause serious damage to property); (f) Article 18 (use or attempted of firearm or imitation firearm to prevent arrest of self or another etc.); (g) Article 19 (carrying firearm or imitation firearm with intent to commit indictable offence or prevent arrest of self or another); (h) Article 20(1) (carrying firearm, etc., in public place) subject to notes 2 and 3 below; (i) Article 22 (possession of firearm or ammunition by person who has been sentenced to imprisonment, etc., and sale of firearm or ammunition to such a person) subject to note 2 below; (j) Article 23 (possessing firearm or ammunition in suspicious circumstances). Taking of Hostages Act 1982 19A 19B. Offences under the Taking of Hostages Act 1982. Nuclear Material (Offences) Act 1983 19C Offences under section 2 of the Nuclear Material (Offences Act 1983 (offences involving nuclear material: preparatory acts and threats). Northern Ireland (Emergency Provisions) Act 1987 19D Offences under section 17 of the Northern Ireland (Emergency Provisions) Act (provision of security services without a certificate). NOTES 1 Murder, manslaughter kidnapping, false imprisonment or an assault occasioning actual bodily harm 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 under— (a) section 35 of the Malicious Damage Act 1861; or (b) section 4, 16, 18, or 20 of the Offences Against the Person Act 1861; or (c) section 25, 26, 27, 28, 29, 30, 32 or 33 of the Prison Act (Northern Ireland) 1953; or (cc) section 20 of the Theft Act (Northern Ireland) 1969 (subject to note 5 below); or (d) section 1 of the Protection of the Person and Property Act (Northern Ireland) 1969; or (e) Article 3, 4 or 5 of the Criminal Damage (Northern Ireland) Order 1977; or (f) Article 3 of the Criminal Law (Amendment) (Northern Ireland) Order 1977; or (g) Article 3, 4, 5, 6, 20 or 22 of the Firearms (Northern Ireland) Order 1981, 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. 3 An offence under Article 20(1) of the Firearms (Northern Ireland Order) 1981 is a scheduled offence only where it is charged that the offence relates to a weapon other than an air weapon. 4 Robbery and aggravated burglary are scheduled offences 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 section 10 of the Theft Act (Northern Ireland) 1969 have the same meaning when used in this note. 4 Robbery and aggravated burglary are scheduled offences 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 Nuclear Material (Offences) Act 1983; and expressions defined in section 10 of the Theft Act (Northern Ireland) 1969 have the same meaning when used in this note. 5 An offence under section 1, 9, or 15 of the Theft Act (Northern Ireland) 1969 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 Nuclear Materials (Offences) Act 1983; and the Attorney General for Northern Ireland shall not certify that an offence under section 20 of the said Act of 1969 is not to be treated as a scheduled offence in a case where it is charged that the offence was so committed. Part II Inchoate and Related Offences 20 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 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; (d) an offence under section 5(1) of the Criminal 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 this Act as if it were the substantive offence. Part III Extra-Territorial Offences 21 Any extra-territorial offence as defined in section 1 of the Criminal Jurisdiction Act 1975.