Justice Bill
Amendment: AccessNI filtering of criminal record certificates
This amendment seeks to streamline the filtering of criminal record certificates on AccessNI to improve the effectiveness and efficiency of the process.
Amendment: AccessNI filtering
Matters to be included in criminal record certificates
New clause
After clause 29 insert—
‘Matters to be included in criminal record certificates
29A.—(1) Section 113A of the Police Act 1997 (criminal record certificates) is amended as follows.
- In subsection (6), for the definition of “relevant matter” substitute—
““relevant matter” means any of the following—
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- a current conviction;
- a conviction for an offence falling within Schedule 8ZA;
- a conviction in respect of which a sentence of imprisonment, a custodial order or a sentence of service detention was imposed;
- a current caution, restorative caution, diversionary youth conference or informed warning;
- a caution, restorative caution, diversionary youth conference or informed warning for an offence falling within Schedule 8ZA.”.
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- Omit subsection (6D).
- In subsection (6E)—
- omit “as it has effect in Northern Ireland”; (b) for paragraph (f) substitute—
“(f) “sentence of imprisonment” has the meaning given by Article 6 of the
Rehabilitation of Offenders (Northern Ireland) Order 1978; (g) “custodial order” means—
(if) a sentence of corrective training;
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- a sentence of preventative detention;
- a sentence of detention under Article 45 of the Criminal Justice
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(Children) (Northern Ireland) Order 1998;
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- a youth custody and supervision order under Article 38A of that Order;
- an indeterminate custodial sentence under Article 13 of the Criminal
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Justice (Northern Ireland) Order 2008;
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- an extended custodial sentence under Article 14 of that Order;
- any sentence of a kind superseded (whether directly or indirectly) by a sentence falling within sub-paragraph (i) to (vi);
- “sentence of service detention” means a sentence of detention in respect of a conviction in service disciplinary proceedings;
- “service disciplinary proceedings” has the meaning given by Article 2 of the Rehabilitation of Offenders (Northern Ireland) Order 1978.”.
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- After subsection (7) insert—
“(7A) The Department may by order amend Schedule 8ZA so as to—
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- add or remove an offence or a description of an offence;
- vary an entry relating to an offence or a description of an offence.
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(7B) Before making an order under subsection (7A) the Department must consult—
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- the Department of Health in Northern Ireland,
- the Police Service of Northern Ireland, and
- any person appointed under paragraph 2 of Schedule 8A.
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(7C) The power to amend Schedule 8ZA under subsection (7A) is additional to, and does not limit, the power to amend the definition of “relevant matter” under subsection (7).”.
- In subsections (1), (5) and (7), for “Secretary of State” substitute “Department”.
- In subsection (5)—
- in paragraph (a), for “his” substitute “its”;
- in paragraph (b), for “him” substitute “it”.
- In subsection (6), in the definition of “exempted question” for the words from “section 4(2)(a) or (b)” to the end substitute “Article 5(2)(a) or (b) of the Rehabilitation of Offenders (Northern Ireland) Order 1978 (effect of rehabilitation) has been excluded by an order of the Department under Article 5(4) of that Order”.
- Schedule {s332} inserts into the Police Act 1997 a new Schedule 8ZA (matters to be included in a criminal record certificate: Northern Ireland).’
New clause
After clause 29 insert—
‘Rehabilitation of offenders: excluded offences
1.—(1) In Article 1A(4) of the Rehabilitation of Offenders (Exceptions) Order (Northern Ireland) 1979 (definition of “listed offence”), for the words from “means” to the end substitute “means an offence falling within Schedule 8ZA to the Police Act 1997.”.
(2) Nothing in subsection (1) affects the power of the Department of Justice to amend Article 1A of the Rehabilitation of Offenders (Exceptions) Order (Northern Ireland) 1979 in exercise of the powers conferred by Article 5(4) of the Rehabilitation of Offenders (Northern Ireland) Order 1978.’
New Schedule
After Schedule 4 insert—
‘SCHEDULE 5
Section 29A.
MATTERS TO BE INCLUDED IN A CRIMINAL RECORD CERTIFICATE
In the Police Act 1997, after Schedule 8 insert the following Schedule—
“SCHEDULE 8ZA
Section 113A.
MATTERS TO BE INCLUDED IN A CRIMINAL RECORD
CERTIFICATE: NORTHERN IRELAND
PART 1
COMMON LAW OFFENCES
Northern Ireland
1. Any of the following offences under the law of Northern Ireland— abducting girl under 18 with intention of marriage; abducting girl under 18; affray; breach of the peace; false imprisonment; going armed so as to terrify the public; indecency – outraging public decency; infanticide; kidnapping; manslaughter; murder; plagium (theft of a child below the age of puberty); publishing obscene libel; publishing or exhibiting or selling indecent or obscene things; rape; riot or incipient riot; unlawful assembly.
Scotland
2. Any of the following offences under the law of Scotland— abduction with intent to rape; assault with intent to rape; clandestine injury to child; indecent assault; lewd, indecent, or libidinous behaviour; sodomy.
PART 2
STATUTORY OFFENCES
Adoption and Children
- An offence under any of the following provisions of the Children and Young Persons
(Scotland) Act 1937— section 1 (failure to provide notice - receiving children for reward); section 12 (cruelty to persons under 16);
section 13 (causing, encouraging or favouring seduction or prostitution of girl under sixteen);
section 32 (restrictions on children taking part in entertainments); section 33 (prohibition of persons under sixteen taking part in performances endangering life or limb); section 34 (training a child under twelve for performances of a dangerous nature).
- An offence under section 29(5) of the Children Act 1948 (carrying on a voluntary home without registration).
- An offence under any of the following provisions of the Children and Young Persons
Act (Northern Ireland) 1950— section 2(8) (restriction on nursing and maintenance of children); section 11(1) (cruelty to persons under sixteen);
section 12(1) (causing or encouraging seduction or prostitution of girl under seventeen);
section 99(5) (carrying on a voluntary home without registration);
section 101(3) (failing to comply with regulations regarding conduct of voluntary homes).
- An offence under section 14 of the Children Act 1958 (offences relating to private fostering).
- An offence under any of the following provisions of the Children and Young Persons
Act (Northern Ireland) 1968— section 9(1) (offences relating to private fostering); section 14 (offences relating to child minding and daycare); section 20 (cruelty to persons under sixteen); section 21(causing or encouraging seduction or prostitution of girl under 17); section 22 (indecent conduct towards child); section 23 (allowing children or young persons to be in brothels); section 24 (causing or allowing persons under sixteen to be used for begging); section 25 (giving intoxicating liquor to children); section 29 (exposing children under twelve to risk of burning); section 30 (failing to provide for safety of children at entertainments); section 32 (obstructing constable in exercise of powers authorised by warrant to search for or remove a child or young person); section 127(5) (carrying on a voluntary home without registration); section 129(3) (contravening regulation relating to conduct of voluntary homes); section 132A (failure to answer summons of Appeal Tribunal or cooperate with Appeal Tribunal);
section 140 (assisting etc. a child who is absent without authorisation from training school);
section 144(3) (assisting etc. a child who has is absent without authorisation from care);
section 168 (obstructing person authorised to inspect premises in which child maintained under Act).
- An offence under section 32(3) of the Children and Young Persons Act 1969 (assisting etc. a child who is absent without authorisation).
- An offence under section 57(5) of the Child Care Act 1980 (carrying on a voluntary home without registration).
- An offence under section 16 of the Foster Children Act 1980 (offences relating to foster children).
- An offence section 6 of the Child Abduction Act 1984 (offence in Scotland of taking or sending child out of the United Kingdom).
- An offence under section 15 of the Foster Children (Scotland) Act 1984 (offences relating to foster children).
- An offence under any of the following provisions of the Child Abduction (Northern
Ireland) Order 1985—
Article 3 (abduction of child by parent, etc.);
Article 4 (abduction of child by other persons).
- An offence under any of the following provisions of the Adoption (Northern Ireland)
Order 1987—
Article 6 (appeal against decision not to register adoption society);
Article 7 (inspection of books etc of registered adoption society);
Article 10(2) (regulation of adoption agencies);
Article 11 (restriction on arranging adoptions and placing children);
Article 28 (restriction on removal where adoption agreed or application made);
Article 29 (restriction on removal where applicant provided home for 5 years);
Article 31 (return of children placed for adoption by agencies);
Article 37(1)(b) (failure to allow visit to protected child);
Article 37(1)(c) (failure to comply with order for removal of child);
Article 58 (restriction on removal for adoption outside NI); Article 58ZA (restriction on bringing into UK for adoption); Article 59 (prohibition on certain payments).
- An offence under any of the following provisions of the Children Act 1989— section 44(15) (order for emergency protection of children: obstructing lawful removal); section 49 (abduction of children in care etc.); section 50(9) (recovery of abducted child: obstructing removal of child); section 63(10) (offences relating to voluntary homes and children’s homes); section 70 (offences relating to private fostering); section 78 (offences relating to child minding and daycare);
paragraph 1(5) of Schedule 5 (offences relating to voluntary homes and children’s homes); paragraph 2(3) of Schedule 6 (offences relating to private children’s homes).
- An offence under any of the following provisions of the Children (Northern Ireland)
Order 1995—
Article 29 (failure to inform authority of address of looked after child);
Article 63(15) (obstructing or prevention of removal of child);
Article 67 (intentional obstruction of power of entry and search associated with emergency protection order);
Article 68 (abduction of children in care);
Article 69(9) (obstructing exercise of power to remove child under recovery order);
Article 75 (contravening regulations concerning the accommodation of children);
Article 77 (obstructing power of entry relating to duties of an authority concerning voluntary organisations);
Article 78 (carrying on a voluntary home while disqualified or employing a disqualified person);
Article 79(3) (carrying on a voluntary home when not registered);
Article 81 (failure to comply with conditions relating to conduct of a voluntary home);
Article 89 (failure to comply with regulations relating to voluntary homes);
Article 93(8) (obstructing power of entry relating to duties of an authority concerning children’s homes);
Article 94(4) (carrying on a children’s home while disqualified or employing a disqualified person);
Article 95(3) (carrying on a children’s home when not registered);
Article 97(4) (failure to comply with conditions relating to conduct of a children’s home);
Article 105 (power to make regulations as to placing of children in private children homes);
Article 117 (offences relating to private fostering);
Article 132(2) (offences relating to child minding and day care for young children);
Article 147(1), (4), (8) or (9) (offences relating to employment of children);
Article 150 (obstructing another in the exercise of power to inspect);
Article 170 (privacy for children involved in certain proceedings);
Article 175 (children accommodated in certain homes and in private hospitals); Article 176 (children accommodated in schools);
paragraph 4 of Schedule 1 (failure to give notice of the cessation of an order for periodical payments);
paragraph 7 of Schedule 1 (failure to give notice of the cessation of an order under this paragraph for periodical payments); paragraph 14 of Schedule 1 (failure to give notice of change of address); paragraph 8 of Schedule 4 (failure to comply with an education supervision order).
- An offence under section 35(2) of the Criminal Justice and Court Services Act 2000 (offers work in a regulated position to or fails to remove such work from a person disqualified from working with children).
- An offence under Article 1(3) of the Adoption (Intercountry Aspects) Act (Northern Ireland) 2001 (regulations giving effect to convention on intercountry adoption).
Customs and excise
19. An offence under any of the following provisions of the Customs and Excise
Management Act 1979— section 50(2)(a) (improper importation of goods); section 170(1)(a) (fraudulent evasion of prohibited or restricted goods).
Drugs
20. An offence under any of the following provisions of the Misuse of Drugs Act 1971— section 4 (restriction of production and supply of controlled drugs); section 5 (possession of controlled drugs; possession with intent to supply); section 6(2) (restriction of cultivation of cannabis plant);
section 8 (occupiers etc. of premises punishable for permitting certain activities to take place there);
section 9 (prohibition of certain activities etc. relating to opium);
section 11 (contravening directions relating to safe custody of controlled drugs at certain premises);
section 12(6) (contravening directions prohibiting prescribing, supply etc. of controlled drugs by practitioners etc. convicted of certain offences); section 13(3) (contravening directions prohibiting prescribing, supply etc. of controlled drugs by practitioners in other cases);
section 18 (breach of regulations made under Act or licence issued under Act and other miscellaneous offences);
section 19 (attempts to commit or inciting another to commit offences under Act
etc.);
section 20 (assisting in or inducing commission outside United Kingdom of offence punishable under a corresponding law);
section 23 (powers to search and obtain evidence: obstruction; concealing; failure to produce).
- An offence under any of the following provisions of the Criminal Justice (International
Co-operation) Act 1990— section 12 (manufacture and supply of scheduled substances); section 18 (drug trafficking on British ship); section 19 (possessing drugs on ship).
- An offence under section 5(1) of the Psychoactive Substances Act 2016 (supply a psychoactive substance).
Energy (including nuclear)
- An offence under section 2 of the Nuclear Installations Act 1965 (using plutonium or uranium).
- An offence under any of the following provisions of the Nuclear Material (Offences)
Act 1983— section 1B (offences relating to damage to environment);
section 1C (offences of importing or exporting etc. nuclear material: extended jurisdiction); section 2 (offences involving preparatory acts or threats).
Fraud or dishonesty
- An offence under Article 19 of the Criminal Damage (Compensation) (Northern Ireland) Order 1977 (deception, false statement to get compensation).
- An offence under Article 17 of the Criminal Injuries Compensation (Northern Ireland) Order 2002 (deception, false statement to get compensation).
Health and social care
- An offence under any of the following provisions of the Social Work (Scotland) Act
1968— section 6(5) (obstruction of exercise of power of entry or inspection); section 17(8) (harbouring); section 60(3) (control of residential and other establishments); section 61 (restriction on carrying on of establishments); section 62 (offences relating to the registration of residential and other establishments);
section 68(3) (obstruction of exercise of power to visit persons in establishments etc.); section 71 (harbouring).
- An offence under Article 50 of the Health and Personal Social Services (Northern Ireland) Order 1972 (obstructing exercise of power of inspection).
- An offence under any of the following provisions of the Registered Homes (Northern
Ireland) Order 1992—
Article 4 (residential care home: requirement to register);
Article 5 (purporting to be a residential care home without being registered);
Article 6 (residential care home: failure to display certificate of registration);
Article 7 (residential care home: failure to comply with a condition of registration);
Article 17(1) (nursing home: requirement to register);
Article 18 (purporting to be a nursing home without being registered);
Article 19 (nursing home: failure to display certificate of registration);
Article 20 (nursing home: failure to comply with a condition of registration);
Article 28 (regulations as to conduct of residential care homes and nursing homes);
Article 29 (obstruction of power of inspection for residential care home or nursing home).
- An offence under any of the following provisions of the Health and Personal Social Services (Quality, Improvement and Regulation) (Northern Ireland) Order 2003—
Article 12 (carrying on or managing an establishment or agency without being registered);
Article 24 (failure to comply with a condition in force for an establishment or agency);
Article 25 (contravening regulations);
Article 26 (false descriptions of establishments and agencies);
Article 27 (false statement in an application for registration);
Article 28 (failure to display certificate of registration);
Article 42 (obstruction of exercise of power relating to information, entries and inspections).
- An offence falling within Article 15(2) of the Health and Personal Social Services (Quality, Improvement and Regulation) (Northern Ireland) Order 2003 (relevant offences for purposes of cancelling registration).
- An offence under any of the following provisions of the Criminal Justice and Courts
Act 2015— section 20 (ill-treatment or wilful neglect – care worker offence); section 21 (ill treatment or wilful neglect – care provider offence).
Inchoate
- An offence under any of the following provisions of the Criminal Justice Act (Northern
Ireland) 1966— section 13 (complicity in another’s suicide); section 13A (acts capable of encouraging or assisting another’s suicide).
- An offence under section 5(1) of the Criminal Law Act (Northern Ireland) 1967 (concealing offences).
- An offence under any of the following provisions of the Criminal Attempts and Conspiracy (Northern Ireland) Order 1983— Article 3 (attempts to commit an offence);
Article 9 (conspiracy to commit an offence);
Article 9A (conspiracy to commit an offence outside of Northern Ireland).
- An offence under any of the following provisions of the Serious Crime Act 2007— section 44 (intentionally encourage or assist the commission of an offence); section 45 (encourage or assist the commission of an offence believing it will be committed);
section 46 (encourage or assist the commission of offences believing one or more of the offences will be committed).
International
37. An offence under any of the following provisions of the International Criminal Court
Act 2001— section 58 (Northern Ireland: genocide); section 59 (Northern Ireland: conduct ancillary to genocide).
Medical
- An offence under any of the following provisions of the Medicines Act 1968— section 7(2)(a) (unlawfully supplying medical product);
section 67 (offences under Part 3 – dealing with medicinal products without authorisation).
- An offence under any of the following provisions of the Human Organ Transplants
(Northern Ireland) Order 1989—
Article 3 (prohibition of commercial dealings in human organs);
Article 4 (restriction on transplants between persons not genetically related).
- An offence under any of the following provisions of the Human Tissue Act 2004— section 32 (prohibition of commercial dealings in human material for transplantation); section 33 (restriction on transplants involving a live donor).
- An offence under any of the following provisions of the Human Medicines Regulations
2012— regulation 47 (breach of requirement for authorization);
regulation 255 where the person has breached regulation 214(2) (prohibition on parenteral administration of prescription only medicine otherwise than by or under directions of appropriate practitioner).
Mental health
- An offence under section 128 of the Mental Health Act 1959 (sexual intercourse with patients), where the offence is committed against a person aged under 18.
- An offence under any of the following provisions of the Mental Health Act (Northern
Ireland) 1961— section 98 (forgery, false statements, etc); section 101 (protection of female patients); section 102 (assisting patients to absent themselves without leave, etc); section 103 (obstruction).
- An offence under any of the following provisions of the Mental Health Act 1983— section 126 (forgery, false statements, etc); section 127 (ill-treatment of patients); section 128 (assisting patients to absent themselves without leave, etc.).
- An offence under any of the following provisions of the Mental Health (Scotland) Act
1984—
section 105 (ill-treatment of patients); section 106 (protection of female patients); section 107 (protection of patients).
- An offence under any of the following provisions of the Mental Health (Northern
Ireland) Order 1986—
Article 93(1) (requirements in relation to control of private hospitals);
Article 94(2) (requirement to deliver certificate following cancellation of registration of private hospital);
Article 96(1) (carrying on private hospital without registration);
Article 105(9) (disclosing a report or information made by a Visitor);
Article 119 (forgery, false statements, etc.);
Article 120 (unlawful detention of patients);
Article 121 (ill-treatment of patients);
Article 122 (protection of female patients);
Article 123 (protection of patients);
Article 124 (assisting patients to absent themselves without leave, etc.); Article 125 (obstruction).
- An offence under section 83 of the Adults with Incapacity (Scotland) Act 2000 (illtreatment and wilful neglect).
- An offence under any of the following provisions of the Mental Health (Care and
Treatment) (Scotland) Act 2003— section 311 (non-consensual sexual acts); section 313 (persons providing care services: sexual offences).
- An offence under section 44 of the Mental Capacity Act 2005 (ill-treatment or neglect).
- An offence under any of the following provisions of the Mental Capacity Act (Northern
Ireland) 2016— section 267 where subsection (2)(a) applies (ill-treatment or neglect where a person (X) has the care of another person who lacks capacity or who X believes lacks capacity);
section 268 where the offence concerns a relevant document within the meaning of subsection (3)(a)(c) or (d) of that section (forgery, false statements etc. in respect of certain documents); section 269 (unlawful detention of persons lacking capacity etc); section 270 (assisting persons to absent themselves without permission); section 272 but only insofar as is it applies in respect of the following provisions:
section 26, 47, 48 or 39, or any provision of Schedule 1, 2 or 3 (obstruction in relation to certain authorised activities); section 273 (offences by bodies corporate).
Offences against persons
51. An offence under any of the following provisions of the Offences against the Person
Act 1861— section 4 (conspiring or soliciting to commit murder); section 16 (threats to kill); section 18 (wounding with intent to do grievous bodily harm); section 20 (wounding); section 21 (attempt to choke etc. to commit indictable offence); section 22 (using chloroform etc. to commit indictable offence);
section 23 (administering a noxious thing etc. so as to endanger life or inflict grievous bodily harm); section 24 (administering a noxious thing with intent to injure aggrieve or annoy); section 27 (exposing children whereby life is endangered); section 28 (causing bodily injury by gunpowder);
section 29 (applying destructive or explosive substance with intent to do grievous bodily harm); section 30 (placing gunpowder near building with intent to do bodily injury); section 31 (setting traps with intent to cause grievous bodily harm); section 32 (interfering with railway with intent to endanger passengers); section 33 (interfering with railway carriage with intent to endanger safety); section 34 (endangering railway passengers by unlawful act); section 35 (causing bodily harm by wilful neglect and furious driving); section 37 (assaulting officer preserving wreck);
section 42 (common assault) where the offence is committed against a person who is under the age of 18; section 43 (aggravated assault on females and boys under 14); section 47 (assault occasioning actual bodily harm); section 52 (indecent assault upon a female); section 53 (abducting of woman etc.);
section 54 (forcible abduction of woman of any age with intent to marry her or to know her carnally); section 58 (attempt to procure miscarriage or child destruction);
section 59 (supplying or procuring poison or instrument for miscarriage); section 64 (making, having gunpowder, explosive substance or noxious thing with intent to commit offence).
- An offence under section 1 of the Infanticide Act (Northern Ireland) 1939 (woman causing the death of her child under the age of 12 months in certain circumstances).
- An offence under section 25 of the Criminal Justice Act (Northern Ireland) 1945 (child destruction).
- An offence under section 26 of the Criminal Justice Act (Northern Ireland) 1945 (procuring abortion of child in womb).
- An offence under section 7(1)(b) of the Criminal Justice (Miscellaneous Provisions) Act (Northern Ireland) 1968 (assault with intent to resist arrest).
- An offence under section 1 of the Protection of Persons and Property Act (Northern Ireland) 1969 (intimidation).
- An offence under section 8(1) of the Theft Act (Northern Ireland) 1969 (robbery, stealing with use of force or putting victim in fear of use of force or assault with intent to rob).
- An offence under section 1 of the Prohibition of Female Circumcision Act 1985 (prohibition of female circumcision).
- An offence under any of the following provisions of the Protection from Harassment
Act 1997— section 4 (putting people in fear of violence); section 4A (stalking involving fear of violence of serious alarm or distress).
- An offence under any of the following provisions of the Protection from Harassment
(Northern Ireland) Order 1997—
Article 4 (course of conduct amounting to harassment);
Article 5(6) (breach of injunction against harassment);
Article 6 (course of conduct putting a person in fear of violence ); Article 7(5) (breach of restraining order).
- An offence under any of the following provisions of the Female Genital Mutilation Act
2003— section 1 (offence of female genital mutilation);
section 2 (offence of assisting a girl to mutilate her own genitalia); section 3 (offence of assisting a non-UK person to mutilate overseas a girl’s genitalia).
- An offence under section 5 of the Domestic Violence, Crime and Victims Act 2004 (causing or allowing a child or vulnerable adult to die or suffer serious physical harm).
- An offence under section 76 of the Serious Crime Act 2015 (controlling or coercive behaviour in an intimate or family relationship).
- An offence under section 1 of the Domestic Abuse and Civil Proceedings Act (Northern Ireland) 2021 (domestic abuse).
Property
- An offence under any of the following provisions of the Theft Act (Northern Ireland)
1969— section 9 (burglary: entry with theft, GBH, rape or unlawful damage); section 10 (aggravated burglary).
- An offence under any of the following provisions of the Criminal Damage (Northern
Ireland) Order 1977—
Article 3 (destroying or damaging property including when charged as arson);
Article 4 (threats to destroy or damage property);
Article 5 (possession with intent to destroy or damage property).
Public order
- An offence under section 1 of the Unlawful Drilling Act 1819 (practising of military exercises etc.).
- An offence under any of the following provisions of the Tumultuous Risings (Ireland)
Act 1831— section 2 (assembling in a number to compel a person by force or threats or menaces to leave property etc.);
section 3 (sending etc. inflammatory notices or letters or messages to excite a riot or tumultuous or unlawful assembly).
- An offence under any of the following provisions of the Protection of Persons and
Property Act (Northern Ireland) 1969— section 2 (possession petrol bomb in suspicious circumstances); section 3 (using or throwing petrol bomb).
- An offence under section 7 of the Public Order Amendment Act (Northern Ireland) 1970 (prohibition of quasi-military organisations).
- An offence under section 38 of the Public Order Act 1986 (contamination of or interference with goods with intention to alarm the public).
- An offence under any of the following provisions of the Public Order (Northern
Ireland) Order 1987—
Article 9 (use of threatening, abusive or insulting words or behaviour to stir up hatred or fear);
Article 10 (publishing or distributing written material to provoke hatred or fear);
Article 11 (distributing, showing or playing a recording to provoke hatred or fear);
Article 12 (broadcasting etc. to provoke hatred or fear);
Article 13 (possessing matter intended or likely to provoke hatred or fear);
Article 18(3) (riotous behaviour in a public place);
Article 22 (carrying offensive weapon in public place);
Article 23 (offences in relation to public buildings and activities therein).
- An offence under section 66 of the Police (Northern Ireland) Act 1998 (assaulting, resisting, obstructing or impeding a constable).
Proceeds of crime
74. An offence under any of the following provisions of the Proceeds of Crime Act 2002— section 327 (concealing, disguising, converting, transferring, removing criminal property);
section 328 (arrangement which facilitates acquisition, use of criminal property by another); section 329 (acquiring, using, possessing criminal property); section 330 (failure to disclose: regulated sector); section 331 (failure to disclose: other nominated officers); section 332 (failure to disclose identity of money-launderer);
section 333A (tipping off to prejudice money-laundering investigation); section 342 (prejudicing civil recovery of money laundering investigation).
Road traffic
- An offence under any of the following provisions of the Road Traffic (Northern
Ireland) Order 1981—
Article 139(1) (causing death or grievous bodily harm by reckless driving);
Article 172B(1) (aggravated vehicle taking, dangerous driving leading to accident causing death or grievous bodily harm).
- An offence under any of the following provisions of the Road Traffic (Northern
Ireland) Order 1995—
Article 9 (causing death or grievous bodily injury by dangerous driving);
Article 11A (causing death or grievous bodily injury by careless or inconsiderate driving);
Article 12B (causing death or grievous bodily injury by unlicensed, disqualified or uninsured driver);
Article 14 (causing death or grievous bodily injury by careless driving when under the influence of drink or drugs).
Safeguarding
- An offence under any of the following provisions of the Protection of Children and
Vulnerable Adults (Northern Ireland) Order 2003—
Article 30 (persons disqualified from working with children);
Article 46 (persons unsuitable to work with vulnerable adults).
- An offence under any of the following provisions of the Safeguarding Vulnerable
Groups (Northern Ireland) Order 2007—
Article 11 (engaging in regulated activity from which barred);
Article 13 (use of barred person for regulated activity);
Article 23(1) (acting or appearing to act for regulated provider and permitting other to engage in unmonitored activity);
Article 23(2) (acting or appearing to act for personnel supplier and supplying another to barred person to engage in regulated activity);
Article 23(3) (acting or appearing to act for personnel supplier and supplying another unmonitored person to engage in regulated activity).
Sexual
- An offence of exposure with intent to insult a female under section 4 of the Vagrancy Act 1824.
- An offence of wilful and indecent exposure under section 28 of the Town Police Clauses Act 1847.
- An offence under any of the following provisions of the Criminal Law Amendment Act
1885—
section 2 (procuration);
section 3 (procuring defilement of a woman by threats or fraud or administering drugs); section 4 (unlawful carnal knowledge of girl under the age of thirteen); section 5 (defilement of girl between thirteen and sixteen years of age); section 6 (permitting defilement of young girl on premises);
section 7 (abduction of girl under 18 with intent to have carnal knowledge); section 8 (unlawful detention with intent to have carnal knowledge); section 11 (outrages of decency); section 13 (summary proceedings against brothel keeper etc.).
- An offence under section 1 of the Vagrancy Act 1898 (living on earnings of prostitution; soliciting or importuning in public place).
- An offence under any of the following provisions of the Punishment of Incest Act
1908—
section 1 (incest by male); section 2 (incest by female of or above age of 16).
- An offence under section 63(15A) of the Petty Sessions and Summary Jurisdiction Act 1927 (wilful and indecent exposure with intent to insult any person).
- An offence under any of the following provisions of the Sexual Offences Act 1956— section 2 (procurement of woman by threats); section 3 (procurement of woman by false pretences); section 4 (administering drugs to obtain or facilitate intercourse); section 5 (intercourse with girl under 13); section 6 (intercourse with girl between 13 and 16); section 7 (intercourse with defective); section 9 (procurement of defective); section 10 (incest by a man); section 11 (incest by a woman); section 12 (buggery); section 13 (indecency between men); section 14 (indecent assault on a woman); section 17 (abduction of woman by force of for the sake of her property); section 19 (abduction of unmarried girl under 18 from parent or guardian); section 20 (abduction of unmarried girl under 16 from parent or guardian); section 21 (abduction of defective from parent or guardian); section 22 (causing prostitution of women); section 23 (procuration of girl under 21); section 24 (detention of woman in brothel or other premises); section 25 (permitting girl under 13 to use premises for intercourse); section 26 (permitting girl between 13 and 16 to use premises for intercourse); section 27 (permitting defective to use premises for intercourse); section 28 (causing or encouraging prostitution of, intercourse with, or indecent assault on, girl under sixteen); section 29 (causing or encouraging prostitution of defective); section 30 (man living on earnings of prostitution); section 31 (woman exercising control over prostitute).
- An offence under section 1 of the Indecency with Children Act 1960 (indecent conduct towards young child).
- An offence under any of the following provisions of the Sexual Offences Act 1967— section 4 (procuring others to commit homosexual acts);
section 5 (living on earnings of male prostitution).
- An offence falling within Schedule 1 to the Criminal Procedure (Scotland) Act 1975 (offences against children under the age of 17 to which special procedures apply).
- An offence under any of the following provisions of the Sexual Offences (Scotland)
Act 1976— section 1 (procuring); section 2 (procuring by threats, etc.); section 2A (incest); section 2B (intercourse with stepchild); section 2C (intercourse of person in position of trust with child under 16); section 5 (indecent behaviour towards girl between 12 and 16); section 7 (gross indecency between males); section 8 (abduction of girl under 18 with intent to have sexual intercourse); section 9 (unlawful detention with intent to have sexual intercourse); section 11 (causing or encouraging seduction, prostitution, etc., of girl under 16); section 12 (persons trading in prostitution).
- An offence under section 54 of the Criminal Law Act 1977 (inciting a girl under 16 to have incestuous sexual intercourse).
- An offence under Article 3 of the Sexual Offences (Northern Ireland) Order 1978 (rape).
- An offence under section 1 of the Protection of Children Act 1978 (indecent photographs of children).
- An offence under Article 3(1) of the Protection of Children (Northern Ireland) Order 1978 (indecent photographs of children).
- An offence under section 80(7) of the Criminal Justice (Scotland) Act 1980 (offences relating to certain homosexual acts).
- An offence under Article 9 of the Criminal Justice (Northern Ireland) Order 1980 (inciting a girl under 16 to commit incest).
- An offence under any of the following provisions of the Homosexual Offences
(Northern Ireland) Order 1982—
Article 7 (procuring others to commit a homosexual act); Article 8 (living on earnings of male prostitution).
- An offence under Article 15 of the Criminal Justice (Evidence, etc.) (Northern Ireland) Order 1988 (possession of indecent photograph of child).
- An offence under any of the following provisions of the Criminal Law (Consolidation)
Scotland Act 1995— section 3 (intercourse of a person in a position of trust with a child under 16); section 5 (intercourse with a girl under 16); section 6 (indecent behaviour towards girl aged between 12 and 16); section 7 (procuring); section 8 (abduction and unlawful detention); section 9 (permitting girl to use premises for intercourse); section 10 (seduction, prostitution etc. of girl under 16); section 11 (trading in prostitution and brothel keeping); section 13 (certain homosexual acts).
- An offence under section 3 of the Sexual Offences (Amendment) Act 2000 (abuse of position of trust).
- An offence under any of the following provisions of the Criminal Justice (Northern Ireland) Order 2003— Article 19 (buggery);
Article 20 (assault with intent to commit buggery); Article 21 (indecent assault on a male).
- An offence under any of the following provisions of the Sexual Offences Act 2003— section 14 (arranging or facilitating commission of a child sex offence); section 15A (sexual communication with a child); section 20 (abuse of a position of trust: acts done in Scotland); section 57 (trafficking into the UK for sexual exploitation); section 58 (trafficking within the UK for sexual exploitation); section 58A (trafficking outside the UK for sexual exploitation); section 59 (trafficking out of the UK for sexual exploitation); section 59A (trafficking people for sexual exploitation); section 61 (administering a substance with intent); section 62 (committing an offence with intent to commit a sexual offence); section 72 (offences outside the UK); section 91 (offences relating to notification); section 113 (breach of sexual offences prevention order); section 122 (breach of foreign travel order); section 128 (breach of risk of sexual harm order).
- An offence under any of the following provisions of the Protection of Children and
Prevention of Sexual Offences (Scotland) Act 2005— section 1 (meeting a child following certain preliminary contact); section 10 (causing or inciting provision by child of sexual services or child pornography);
section 11 (controlling a child providing sexual services or child pornography); section 12 (arranging or facilitating provision by child of sexual services or child pornography).
- An offence under section 63(1) of the Criminal Justice and Immigration Act 2008 (possession of extreme pornographic images).
- An offence under any of the following provisions of the Sexual Offences (Northern Ireland) Order 2008— Article 5 (rape);
Article 6 (assault by penetration);
Article 7 (sexual assault);
Article 8(1) (causing a person to engage in sexual activity without consent);
Article 12(1) (rape of a child under 13);
Article 13 (assault of a child under 13 by penetration);
Article 14(1) (sexual assault of a child under 13);
Article 15(1) (causing or inciting a child under 13 to engage in sexual activity);
Article 16 (sexual activity with a child);
Article 17 (causing or inciting a child to engage in sexual activity);
Article 18 (engaging in sexual activity in the presence of a child);
Article 19 (causing a child to watch a sexual act);
Article 20 (sexual offences against children committed by children or young persons);
Article 21 (arrange or facilitate the commission of a child sex offence);
Article 22 (meeting a child following sexual grooming etc.);
Article 22A (sexual communication with a child);
Article 22B (communicating with a person with a view to grooming a particular child);
Article 22C (communicating with a group with a view to grooming a particular child);
Article 22D (communicating with a person with a view to grooming any child);
Article 22E (communicating with a group with a view to grooming any child);
Article 23 (abuse of position of trust: sexual activity with a child);
Article 24 (abuse of position of trust: causing or inciting a child to engage in sexual activity);
Article 25 (abuse of position of trust: sexual activity in the presence of a child);
Article 26 (cause child under 13 to watch sexual act: offender 18 or over, abuse of position of trust);
Article 27 (abuse of position of trust: offences done in England and Wales or Scotland);
Article 32 (sexual activity with a child family member);
Article 33 (inciting a child family member to engage in sexual activity);
Article 37 (paying for sexual services of a child);
Article 38 (causing or inciting abuse: payment for sexual services and involvement in indecent images);
Article 39 (controlling a child: payment for sexual services and involvement in indecent images);
Article 40 (arranging or facilitating abuse: payment for sexual services and involvement in indecent images);
Article 43 (sexual activity with a person with a mental disorder impeding choice);
Article 44 (causing or inciting a person, with a mental disorder impeding choice, to engage in sexual activity);
Article 45 (engaging in sexual activity in the presence of a person with a mental disorder impeding choice);
Article 46 (causing a person, with a mental disorder impeding choice, to watch a sexual act);
Article 47 (inducement, threat or deception to procure sexual activity with a person with a mental disorder);
Article 48 (causing a person with a mental disorder to engage in or agree to sexual activity by inducement, threat or deception);
Article 49 (engaging in sexual activity in presence of person with mental disorder, procured by inducement, threat, deception);
Article 50 (causing a person with a mental disorder to watch a sexual act by inducement, threat or deception);
Article 51 (care workers: sexual activity with a person with a mental disorder);
Article 52 (care workers: causing or inciting sexual activity);
Article 53(1) (care workers: sexual activity in presence of person with mental disorder);
Article 54 (care workers: causing a person with a mental disorder to watch a sexual act);
Article 59 (loitering or soliciting for purposes of prostitution);
Article 60 (kerb-crawling);
Article 61 (persistent soliciting);
Article 62(1) (cause or incite prostitution for gain);
Article 63(1) (control prostitution for gain);
Article 64 (keeping a brothel used for prostitution);
Article 64A (paying for sexual services of a prostitute subjected to force);
Article 65(1) (administer substance with intent to stupefy or overpower person to allow sexual activity involving that person);
Article 66(1) (committing an offence with intent to commit a sexual offence);
Article 67(1) (trespass with intent to commit a sexual offence);
Article 68(1) (sex with an adult relative: penetration);
Article 69(1) (sex with an adult relative: consent to penetration);
Article 70(1) (exposure);
Article 71 (voyeurism);
Article 71A (voyeurism: additional offences relating to genitals and buttocks);
Article 71B (voyeurism: additional offences relating to breasts);
Article 72A (sending etc. an unwanted sexual image);
Article 73 (intercourse with an animal);
Article 74(1) (sexual penetration of a corpse).
- An offence under any of the following provisions of the Sexual Offences (Scotland)
Act 2009— section 4 (sexual coercion); section 5 (coercing a person into being present during a sexual activity); section 6 (coercing a person into looking at a sexual image); section 11 (administering a substance for sexual abuse); section 22 (causing a young child to be present during a sexual activity); section 23 (causing a young child to look at a sexual image); section 24 (communicating indecently with a young child etc); section 25 (sexual exposure to a young child); section 26 (voyeurism towards a young child); section 28 (having intercourse with an older child); section 29 (engaging in penetrative sexual activity with or towards an older child); section 30 (engaging in sexual activity with or towards an older child); section 31 (causing an older child to engage in sexual activity); section 32 (causing an older child to be present during a sexual activity); section 33 (causing an older child to look at a sexual image); section 34 (communicating indecently with an older child etc.); section 35 (sexual exposure to an older child); section 36 (voyeurism towards and older child); section 42 (sexual abuse of trust);
section 46 (sexual abuse of trust of a mentally disordered person).
- An offence under section 62(1) of the Coroners and Justice Act 2009 (possession of prohibited images of children).
- An offence under section 69 of the Serious Crime Act 2015 (possession of a paedophile manual).
- An offence under section 71 of the Justice Act (Northern Ireland) 2015 (offences relating to violent offences prevention orders).
- An offence under section 51 of the Justice Act (Northern Ireland) 2016 (disclosing private sexual photographs and films with intent to cause distress).
- An offence under section 28 of the Justice (Sexual Offences and Trafficking Victims) Act (Northern Ireland) 2022 (non-fatal strangulation or asphyxiation).
Slavery and trafficking
- An offence under any of the following provisions of the Slave Trade Act 1824— section 10 (persons dealing in slaves etc.); section 11 (seafarers etc. serving on ships used for the trading in slaves).
- An offence under section 22 of the Criminal Justice (Scotland) Act 2003 (traffic in prostitution etc.).
- An offence under section 4 of the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (trafficking people for exploitation).
- An offence under any of the following provisions of the Human Trafficking and
Exploitation (Criminal Justice and Support for Victims) Act (Northern Ireland) 2015— section 1(1) (slavery, servitude and forced or compulsory labour); section 2(1) (arrange or facilitate travel of another person with a view to exploitation); section 16(1) (offence of forced marriage).
- An offence under any of the following provisions of the Modern Slavery Act 2015— section (1) (slavery, servitude and forced or compulsory labour); section (2) (human trafficking);
section 4 (committing an offence with an intention of committing an offence under section 2); section 30(1) (offence relating to slavery and trafficking prevention orders).
Terrorism
- An offence under Article 3 of the Criminal Law (Amendment) (Northern Ireland) Order 1977 (bomb hoaxes).
- An offence under section 1 of the Taking of Hostages Act 1982 (hostage taking or threats to kill or injure).
- An offence under any of the following provisions of the Prevention of Terrorism
(Temporary Provisions) Act 1989— section 9 (contributions towards acts of terrorism);
paragraph 11 of Schedule 5 (breach of port or border controls in the commission of acts of terrorism).
- An offence under any of the following provisions of the Terrorism Act 2000— section 11 (belongs or professes to belong to a proscribed organisation);
section 12 (inviting, arranging, encouraging non-financial support for proscribed organisation); section 15 (inviting, receiving, providing money or property for terrorism); section 16 (using or possessing money or property for terrorism); section 17 (arranging money or other property to be made available for terrorism); section 18 (money laundering); section 38B (failing to disclose information about act of terrorism); section 39 (disclosing or interfering with terrorist investigation material); section 54 (terrorism or weapons training); section 56 (directing terrorist organisation); section 57 (possess article for the purpose of terrorism);
section 58 (collecting, recording, possessing record of information likely to be useful to a terrorist); section 59 (inciting terrorism overseas); section 60 (inciting terrorism overseas); paragraph 37 of Schedule 4 (breach of high court restraint order).
- An offence under any of the following provisions of the Anti-Terrorism Crime and
Security Act 2001— section 47 (use etc. of nuclear weapons); section 50 (assisting or inducing certain weapons-related acts overseas); section 52 (obstructing powers of entry); section 54 (providing false information); section 67 (offences relating to dangerous pathogens and toxins); section 79 (prohibition of disclosures relating to nuclear security); section 80 (prohibition of disclosures of uranium enrichment technology); section 113 (use of noxious substance or things likely to cause harm or intimidate); section 114 (hoaxes involving noxious substances or things).
- An offence under any of the following provisions of the Terrorism Act 2006— section 1 (publishing statement encouraging terrorism); section 2 (disseminating terrorist publications); section 5 (engage in conduct in preparation for terrorist acts); section 6 (provide or receive training or instruction for terrorism); section 9 (terrorism or making or possession of radioactive device or material); sections 10 (misuse of devices or material and misuse and damage of facilities); section 11 (terrorist threats relating to devices or materials or facilities.
- An offence under any of the following provisions of the Justice and Security
(Northern Ireland) Act 2007— section 27 (obstructing examination of document for terrorism related information); paragraph 8 of Schedule 3 (failing to remain, obstructing search for munitions); paragraph 4 of Schedule 12 (obtaining compensation by deception).
Vehicles and transport
- An offence under section 35 of the Malicious Damage Act 1861 (interfering with railway line with intention to damage or obstruct train).
- An offence under section 27 of the Merchant Shipping Act 1970 (conduct endangering ship or persons on board ship).
- An offence under section 1 of the Hijacking Act 1971 (hijacking of aircraft).
- An offence under any of the following provisions of the Protection of Aircraft Act
1973— section 1 (destroying, damaging or endangering safety of aircraft); section 2 (other acts endangering safety of aircraft); section 3 (inducing or assisting the commission of acts in sections 1 and 2 outside the United Kingdom); section 16 (offences relating to certain dangerous articles).
- An offence under section 2(1) of the Criminal Jurisdiction Act 1975 (hijacking of vehicles or ship).
- An offence under any of the following provisions of the Aviation Security Act 1982— section 1 (hijacking of aircraft); section 2 (destroying, damaging or endangering safety of aircraft); section 3 (other acts endangering or likely to endanger safety of aircraft); section 4 (offences in relation to certain dangerous articles).
129 An offence under any of the following provisions of the Aviation and Maritime
Security Act 1990— section 1 (endangering safety at aerodromes); section 9(1) (hijacking of ships);
section 10 (seizing or exercising control of fixed platforms);
section 11(1)(a) or (b) (destroying ships or fixed platforms or endangering their safety); section 12 (other acts endangering or likely to endanger safe navigation); section 13 (offences against ships or fixed platforms involving threats).
- An offence under any of the following provisions of the Channel Tunnel (Security)
Order 1994—
Article 4 (hijacking of Channel Tunnel trains);
Article 5 (seizing or exercising control of the tunnel system);
Article 6 (destroying a Channel Tunnel train or tunnel system or endangering their safety);
Article 7 (other acts endangering safe operation of Channel Tunnel train or safety of the tunnel system);
Article 8 (offences involving threats).
- An offence under section 58 of the Merchant Shipping Act 1995 (conduct endangering ship or persons on board ship).
- An offence under section 47 of the Wireless Telegraphy Act 2006 (misleading messages).
- An offence under any of the following provisions of the Air Navigation Order 2016—
Article 240 (endangering the safety of an aircraft);
Article 241 (endangering the safety of any person or property).
Weapons, explosives and other dangerous substances
- An offence under any of the following provisions of the Explosive Substances Act 1883—
section 2 (causing explosion likely to endanger life of property);
section 3 (attempt to cause explosion, or making or keeping explosive with intent to endanger life or property); section 4 (making or possession of explosive under suspicious circumstances); section 5 (punishment of accessories).
- An offence under section 1 of the Biological Weapons Act 1974 (producing biological weapons, transferring biological agents or toxins).
- An offence under Article 5 of the Poisons (Northern Ireland) Order 1976 (offences in relation to control of non-medicinal poisons).
- An offence under any of the following provisions of the Crossbows (Northern Ireland)
Order 1988—
Article 3 (selling or hiring a crossbow to juveniles);
Articles 4 to 5 (juvenile buying, hiring or possessing a crossbow).
- An offence under any of the following provisions of the Criminal Justice Act 1988— section 134 (torture by a public official or person acting in official capacity); section 139 (possession of bladed or pointed item in public);
section 139A (possession of bladed or pointed item or offensive weapon on education premises); section 141 (making or supplying a prohibited weapon).
- An offence under any of the following provisions of the Chemical Weapons Act
1996— section 2 (use etc. of chemical weapons); section 11 (premises or equipment for producing chemical weapons).
- An offence under any of the following provisions of the Criminal Justice (Northern
Ireland) Order 1996—
Article 53 (manufacture or sale, etc., of certain knives);
Article 54 (sale of knives and certain articles with blade or point to persons under 16).
- An offence under any of the following provisions of the Knives Act 1997— section 1 (unlawful marketing of knives); section 2 (unlawful publications about knives).
- An offence under section 2 of the Landmines Act 1998 (using and dealing in antipersonnel mines).
- An offence under any of the following provisions of the Firearms (Northern Ireland)
Order 2004—
Article 3 (firearm certificate required);
Article 24 (firearm’s dealer certificate required);
Article 37 (business and other transactions with firearms and ammunition);
Article 39 (transfers of firearms and ammunition to be in person);
Article 40 (notification of dealings involving firearms);
Article 41 (notification of loss, repair or deactivation of firearms, etc.);
Article 42 (notification of disposal or destruction, etc. taking place outside Northern Ireland);
Article 45(1) or (2) (weapons subject to general prohibition);
Article 58 (possession with intent);
Article 59 (use of firearm to resist arrest);
Article 60 (carrying firearm with criminal intent);
Article 61 (carrying or discharging firearm in a public place);
Article 62 (trespassing with firearm);
Article 63 (prohibition of possession, etc. of firearm by certain persons); Article 64 (possession of firearm or ammunition in suspicious circumstances); Article 67 (conversion of weapons).
- An offence under paragraph 1 of Schedule 2 to the Violent Crime Reduction Act 2006 (using another person to mind or transport a dangerous weapon).
- An offence under section 2 of the Cluster Munitions (Prohibitions) Act 2010 (using, possessing etc. prohibited munitions).
- An offence under section 93 of the Justice Act (Northern Ireland) 2011 (possession of offensive weapon with intent to commit an offence).
- An offence under section 6 of the Offensive Weapons Act 2019 (having a corrosive substance in a public place).
PART 3
OTHER OFFENCES
Offences with certain aggravating factors
148. An offence stated by a court to be aggravated under Article 2 of the Criminal Justice (No. 2) (Northern Ireland) Order 2004 (hostility).
Superseded offences
149. An offence that has been superseded (directly or indirectly) by an offence listed in Part 1 or 2 of this Schedule.
Inchoate offences
150.—(1) An offence of attempting or conspiring to commit an offence listed in the preceding paragraphs of this Schedule.
- An offence under Part 2 of the Serious Crime Act 2007 (encouraging or assisting) in relation to an offence listed in the preceding paragraphs of this Schedule.
- An offence of aiding, abetting, counselling or procuring the commission of an offence listed in the preceding paragraphs of this Schedule.
Corresponding offences elsewhere in the United Kingdom or abroad
151. An offence under the law of England and Wales, or Scotland, or any country or territory outside the United Kingdom, which corresponds to any offence listed in the preceding paragraphs of this Schedule.
Armed forces
152.—(1) An offence under a provision listed in sub-paragraph (2) where— (a) the act constituting the offence—
- was punishable under the law of Northern Ireland, or
- if done in Northern Ireland, would have been so punishable; and
(b) the corresponding offence under the law of Northern Ireland is listed in paragraphs 1 to 151 of this Schedule.
(2) The provisions referred to in sub-paragraph (1) are—
section 70 of the Army Act 1955; section 70 of the Air Force Act 1955; section 42 of the Naval Discipline Act 1957; section 42 of the Armed Forces Act 2006.”.’