UK Offence Report

SCHEDULE 2

SCHEDULE 2 of The Criminal Justice (Northern Ireland) Order 1994

This offence was read from the text as made, and no revised version was available, so a later revocation could not be ruled out. Check the current text at legislation.gov.uk.

What the provision says

Criminal Justice (Northern Ireland) Order 1980 (NI 6)

9 In Article 8 (driving disqualification where vehicle used for purposes of crime)—

a after paragraph (1) insert—“(1A) This Article also applies where

a person is convicted by or before any court of common assault or of any other offence involving an assault (including an offence of aiding, abetting, counselling or procuring, or inciting to the commission of, an offence).”;

b in paragraph (2) after “this Article applies” insert “by virtue of paragraph (1)”;

c after paragraph (2) insert—“(2A) If in

a case to which this Article applies by virtue of paragraph (1A) the court is satisfied that the assault was committed by driving

a motor vehicle, the court may order the person convicted to be disqualified, for such period as the court thinks fit, for holding or obtaining such

a licence.”;

d after paragraph (3) insert—

4 Facilitating the commission of an offence shall be taken for the purposes of this Article to include the taking of any steps after it has been committed for the purpose of disposing of any property to which it relates or of avoiding apprehension or detection, and references in this Article to an offence punishable with imprisonment shall be construed without regard to any prohibition or restriction imposed by or under any statutory provision on the imprisonment of young offenders. .

Text as made, from legislation.gov.uk. © Crown copyright, reused under the Open Government Licence v3.0. This is the text as originally made; later amendments are not shown here.

Who it binds, and what has to be proved

Binds
a person
Conduct
breaching the provision
Fault element
Strict liability
Burden of proof
No statutory defence — prosecution proves everything

The prosecution must prove that the conduct happened. This is a strict liability offence as drafted: the provision uses no word of intention, knowledge, recklessness or negligence, so there is no need to show that a person meant to do it, knew about it, or was careless.

Intention, knowledge and carelessness are irrelevant to guilt. They may still matter a great deal to sentence.

The provision states no defence, so the prosecution bears the burden on every element of the offence.

Classifier’s reasoning: no word of intention, knowledge, recklessness or negligence in the offence or its provision.

What would breach SCHEDULE 2?

These are illustrations, not law. They are generated from the provision’s own words to show the shape of the offence. Whether any particular conduct is caught depends on the full text, on any amendment since, and on the facts.

  1. Doing what the provision prohibits, or failing to do what it requires under the Criminal Justice (Northern Ireland) Order 1994.

Penalty

Mode of trial
Not determined
Maximum fine
£5,000
Maximum prison (summary)
Not determined

expressed as the statutory maximum (the prescribed sum): the same words mean £5,000 in England and Wales and £10,000 in Scotland.

Sentencing

Offences of this kind are usually sentenced under the guidelines below. This is a mapping by subject, not a finding about this provision, and the links go to a search of the Sentencing Council’s own site.

Prosecution figures

No published per-offence figure was found for this provision, and it could not be matched to a Ministry of Justice offence code. Offences created by statutory instrument very largely do not have one. Absence of a figure is not evidence that the offence is unused.

Status and lifecycle

Current status
Status not determined
Made
2 November 1994
In force from
Not determined
Extent
Not stated

How this was established: read from the text as made; no revised version available, so later revocation could not be ruled out.

What the instrument is for

(This note is not part of the Order) — the explanatory note published with the instrument, © Crown copyright.

This Order— a increases fines and certain other sums specified in statutory provisions relating to the powers of criminal courts; b sets out the terms of imprisonment which may be imposed by the Crown Court for default in payment of fines and increases the terms of imprisonment which may be imposed by magistrates' courts for default in payment of fines; c revises the procedures for the enforcement of fines imposed on companies; d further standardises fines specified in subordinate legislation made under statutory provisions relating to the powers of criminal courts; e enables harbour authorities to provide for increased fines in subordinate legislation; f revises the power of the Secretary of State to alter fines and other sums to take account of changes in the value of money; g makes fresh provision with respect to forfeiture and compensation orders; h makes further provision with respect to anonymity in cases of rape and similar cases; and i makes provision with respect to anonymity in cases of other sexual offences.

Read the full note and every offence in this instrument

Other offences in the same instrument

How this was identified as an offence

Everything above rests on the judgement that this provision creates a criminal offence, rather than mentioning one. That judgement is made by rule, from the words of the provision, and this is the rule that made it — with a confidence of 0.60.

Basis
the provision says the conduct is “punishable”
Confidence
0.60 of 1.00

A provision that states a penalty for an offence created elsewhere can read very like one that creates an offence, and the rules can mistake the one for the other. If the text quoted above sets a penalty for something made an offence by another provision, treat the classification on this page with that in mind, and read the instrument.

Check the source