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The Criminal Justice (Northern Ireland) Order 2004

Status:

This is the original version (as it was originally made).

  1. Introductory Text

  2. PART I INTRODUCTORY

    1. 1.Title and commencement

    2. 2.Interpretation

  3. PART II AMENDMENTS OF POLICE AND CRIMINAL EVIDENCE (NORTHERN IRELAND) ORDER 1989

    1. 3.Extension of powers to stop and search

    2. 4.Bail elsewhere than at police station

    3. 5.Limits on periods of detention without charge

    4. 6.Property of detained persons

    5. 7.Taking fingerprints without consent

    6. 8.Taking non-intimate samples without consent

    7. 9.Amendments related to Part II

  4. PART III LIVE LINKS

    1. 10.Live links in criminal proceedings

    2. 11.Effect of, and rescission of, direction

    3. 12.Magistrates' courts permitted to sit at other locations

    4. 13.Warning to jury

    5. 14.Rules of court

    6. 15.Interpretation of Part III

  5. PART IV PROSECUTION APPEALS

    1. Introduction

      1. 16.Introduction

    2. General right of appeal in respect of rulings

      1. 17.General right of appeal in respect of rulings

      2. 18.Expedited and non-expedited appeals

      3. 19.Continuation of proceedings for offences not affected by ruling

      4. 20.Determination of appeal by Court of Appeal

    3. Right of appeal in respect of evidentiary rulings

      1. 21.Right of appeal in respect of evidentiary rulings

      2. 22.Condition that evidentiary ruling significantly weakens prosecution case

      3. 23.Expedited and non-expedited appeals

      4. 24.Continuation of proceedings for offences not affected by ruling

      5. 25.Determination of appeal by Court of Appeal

      6. 26.Reversal of rulings

    4. Miscellaneous and supplemental

      1. 27.Appeals to the House of Lords

      2. 28.Costs

      3. 29.Effect on time limits in relation to preliminary stages

      4. 30.Restrictions on reporting

      5. 31.Offences in connection with reporting

      6. 32.Rules of court

      7. 33.Interpretation of Part IV

  6. PART V SUPPLEMENTARY

    1. 34.Orders

    2. 35.Repeals

    3. 36.Supplementary and consequential provision, etc

  7. Signature

  8. SCHEDULES

    1. SCHEDULE 1

      AMENDMENTS RELATED TO PART II

      1. The 1989 Order

        1. 1.In Article 20 (entry and search after arrest), for paragraph...

        2. 2.In Article 35 (limitations on police detention), for paragraph (8)...

        3. 3.In Article 36(1) (designated police stations), for “Article 32(3), (5)...

        4. 4.In Article 37 (custody officers at police stations), after paragraph...

        5. 5.In Article 42(2) (calculation of periods of time), after sub-paragraph...

      2. The Police (Northern Ireland) Act 2003 (c. 6)

        1. 6.In Schedule 2, in paragraph 22 (powers of escort officer...

    2. SCHEDULE 2

      QUALIFYING OFFENCES FOR PURPOSES OF ARTICLE 21

      1. Offences Against the Person

        1. 1.Murder

        2. 2.Attempted murder

        3. 3.Soliciting murder

        4. 4.Manslaughter

        5. 5.Wounding or causing grievous bodily harm with intent

        6. 6.Kidnapping

      2. Sexual Offences

        1. 7.Rape

        2. 8.Attempted rape

        3. 9.Intercourse with a girl under fourteen

        4. 10.Incest by a man with a girl under fourteen

      3. Drugs Offences

        1. 11.Unlawful importation of Class A drug

        2. 12.Unlawful exportation of Class A drug

        3. 13.Fraudulent evasion in respect of Class A drug

        4. 14.Producing or being concerned in production of Class A drug

        5. 15.Supplying or offering to supply Class A drug

      4. Theft Offences

        1. 16.Robbery

      5. Criminal Damage Offences

        1. 17.Arson endangering life

        2. 18.Causing explosion likely to endanger life or property

        3. 19.Intent or conspiracy to cause explosion likely to endanger life or property

      6. War Crimes and Terrorism

        1. 20.Genocide, crimes against humanity and war crimes

        2. 21.Grave breaches of the Geneva Conventions

        3. 22.Directing terrorist organisation

        4. 23.Hostage-taking

      7. Hijacking and Other Offences Relating to Aviation, Maritime and Rail Security

        1. 24.Hijacking of aircraft

        2. 25.Destroying, damaging or endangering the safety of aircraft

        3. 26.Hijacking of ships

        4. 27.Seizing or exercising control of fixed platforms

        5. 28.Destroying ships or fixed platforms or endangering their safety

        6. 29.Hijacking of Channel Tunnel trains

        7. 30.Seizing or exercising control of Channel Tunnel system

      8. Conspiracy

        1. 31.Conspiracy

    3. SCHEDULE 3

      REPEALS

  9. Explanatory Note

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