Sch. 9
- (k) Schedule 5,
- (l) paragraph 10 of Schedule 10 subject to note 1 below, and
- (m) paragraphs 2 and 3 of Schedule 13 subject to note 1 below.
Notes
1. Any offence specified in this Part of this Schedule which is stated to be subject to this note 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 paragraph 10(a), (c) or (e) 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 1983 c. 18.Nuclear Material (Offences) Act 1983; and the Attorney General for Northern Ireland shall not certify that the offence specified in paragraph 10(f) is not to be treated as a scheduled offence in a case where it is charged that the offence was so committed.
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 Nuclear Material (Offences) Act 1983;
and expressions defined in section 10 of the 1969 c. 16 (N.I.).Theft 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.
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 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, and
- (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 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 1975 c. 59.Criminal Jurisdiction Act 1975.
