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CRIMINAL LAW ACT (NORTHERN IRELAND) 1967

CRIMINAL LAW ACT (NORTHERN IRELAND) 1967 - LONG TITLE

An Act to abolish the division of crimes into felonies and
misdemeanours, to amend and simplify the law in respect of matters
arising from or related to that division or the abolition of it,
to make further provision with respect to criminal proceedings and
offences; and for purposes connected with any of those matters.
[1st August 1967]
Abolition of distinction between felony and misdemeanour.

CRIMINAL LAW ACT (NORTHERN IRELAND) 1967 - SECT 1

1.(1) All distinctions between felony and misdemeanour are hereby
abolished.

(2) Subject to the provisions of this Act, on all matters on which
a distinction has previously been made between felony and
misdemeanour, including mode of trial, the law and practice in
relation to all offences cognisable under the law of Northern
Ireland (including piracy) shall be the law and practice applicable
at the commencement of this Act in relation to misdemeanour.

CRIMINAL LAW ACT (NORTHERN IRELAND) 1967 - SECT 2
Arrest without warrant.

2.(1) The powers of summary arrest conferred by the following
subsections shall apply to offences for which the court is required
by law to sentence the offender to death or to imprisonment for
life or to detention during the pleasure of the Governor of
Northern Ireland, or for which a person (of full age and capacity
and not previously convicted) may, under or by virtue of any
enactment, be sentenced to imprisonment for a term of five years,
and to attempts to commit any such offence; and in this Act,
including any amendment made by this Act in any other enactment,
"arrestable offence" means any such offence or attempt.

(2) Any person may arrest without warrant anyone who is, or whom
he, with reasonable cause, suspects to be, in the act of committing
an arrestable offence.

(3) Where an arrestable offence has been committed, any person may
arrest without warrant anyone who is, or whom he, with reasonable
cause, suspects to be, guilty of the offence.

(4) Where a constable, with reasonable cause, suspects that an
arrestable offence has been committed, he may arrest without warrant
anyone whom he, with reasonable cause, suspects to be guilty of the
offence.

(5) A constable may arrest without warrant any person who is, or
whom he, with reasonable cause, suspects to be, about to commit an
arrestable offence.

(6) For the purpose of arresting a person under any power conferred
by this section a constable may enter (if need be, by force) and
search any place where that person is or where the constable, with
reasonable cause, suspects him to be.

(7) This section shall not ... prejudice any power of arrest
conferred by law apart from this section.

CRIMINAL LAW ACT (NORTHERN IRELAND) 1967 - SECT 3
Use of force in making arrest etc.

3.(1) A person may use such force as is reasonable in the
circumstances in the prevention of crime, or in effecting or
assisting in the lawful arrest of offenders or suspected offenders
or of persons unlawfully at large.

(2) Subsection (1) shall replace the rules of the common law as to
the matters dealt with by that subsection.

CRIMINAL LAW ACT (NORTHERN IRELAND) 1967 - SECT 4
Penalties for assisting offenders.

4.(1) Where a person has committed an arrestable offence, any other
person who, knowing or believing him to be guilty of the offence
or of some other arrestable offence, does without lawful authority
or reasonable excuse any act with intent to impede his apprehension
or prosecution, shall be guilty of an offence.

(2) If on the trial of an indictment for an arrestable offence the
jury are satisfied that the offence charged (or some other offence
of which the accused might on that charge be found guilty) was
committed, but find the accused not guilty of it, they may find
him guilty of any offence under subsection (1) of which they are
satisfied that he is guilty in relation to the offence charged (or
that other offence).

(3) A person committing an offence under subsection (1) with intent
to impede another person's apprehension or prosecution shall on
conviction on indictment be liable to imprisonment according to the
gravity of the other person's offence, as follows:

(a)if that offence is one for which the court is required by law
to sentence an offender to death or to imprisonment for life or to
detention during the pleasure of the Governor of Northern Ireland,
he shall be liable to imprisonment for not more than ten years;

(b)if it is one for which a person (of full age and capacity and
not previously convicted) may be sentenced to imprisonment for a
term of fourteen years, he shall be liable to imprisonment for not
more than seven years;

(c)if it is not one included above but is one for which a person
(of full age and capacity and not previously convicted) may be
sentenced to imprisonment for a term of ten years, he shall be
liable to imprisonment for not more than five years;

(d)in any other case, he shall be liable to imprisonment for not
more than three years.

(4) ... no proceedings shall be instituted for an offence under
subsection (1) except by or with the consent of the
Attorney-General.

Subs.(5) rep. by 1975 c.59 s.14(5) sch.6 Pt.II; subs.(6) rep. by
1969 c.16 (NI) s.31(2) sch.3 Pt.II

CRIMINAL LAW ACT (NORTHERN IRELAND) 1967 - SECT 5
Penalties for concealing offences etc.

5.(1) Subject to the succeeding provisions of this section, where a
person has committed an arrestable offence, it shall be the duty of
every other person, who knows or believes

(a)that the offence or some other arrestable offence has been
committed; and

(b)that he has information which is likely to secure, or to be of
material assistance in securing, the apprehension, prosecution or
conviction of any person for that offence;

(i)if that offence is one for which the court is required by law
to sentence an offender to death or to imprisonment for life or to
detention during the pleasure of the Governor of Northern Ireland,
he shall be liable to imprisonment for not more than ten years;

(ii)if it is one for which a person (of full age and capacity and
not previously convicted) may be sentenced to imprisonment for a
term of fourteen years, he shall be liable to imprisonment for not
more than seven years;

(iii)if it is not one included above but is one for which a
person (of full age and capacity and not previously convicted) may
be sentenced to imprisonment for a term of ten years, he shall be
liable to imprisonment for not more than five years;

(iv)in any other case, he shall be liable to imprisonment for not
more than three years.

(2) It shall not be an offence under this section for the person
suffering loss or injury by reason of the commission of the offence
(in this section referred to as "the injured person") or some other
person acting on his behalf not to disclose information upon that
loss or injury being made good to the injured person or upon the
injured person being reasonably recompensed therefor so long as no
further or other consideration is received for or on account of
such non-disclosure.

(3) Where a person causes any wasteful employment of the police by
knowingly making to any person a false report or statement tending
to show that an offence has been committed, whether by himself or
by another person, or to give rise to apprehension for the safety
of any persons or property, or tending to show that he has
information material to any police inquiry, he shall be liable on
summary conviction to imprisonment for not more than six months or
to a fine of not more than two hundred pounds or to both.

[(3A) Notwithstanding any provision in any Act prescribing the period
within which summary proceedings may be commenced, proceedings for an
offence under subsection (3) (causing wasteful employment of the
police by knowingly making false report or statement) may be
commenced at any time within the period of twelve months after the
commission of the offence.]

(4) No proceedings shall be instituted for an offence under this
section except by or with the consent of the Attorney-General.

(5) The compounding of an offence other than treason shall not be
an offence otherwise than under this section.

CRIMINAL LAW ACT (NORTHERN IRELAND) 1967 - SECT 6
Trial of offences.

6.(1) Where a person is arraigned on an indictment

(a)he shall in all cases be entitled to make a plea of not guilty
in addition to any demurrer or special plea;

(b)he may plead not guilty of the offence specifically charged in
the indictment but guilty of another offence of which he might be
found guilty on that indictment;

(c)if he stands mute of malice or will not answer directly to the
indictment, the court may order a plea of not guilty to be entered
on his behalf, and he shall then be treated as having pleaded not
guilty.

(2) Where, on a person's trial on indictment for any offence except
treason, capital murder or murder, the jury find him not guilty of
the offence specificially charged in the indictment, but the
allegations in the indictment amount to or include (expressly or by
implication) an allegation of another offence falling within the
jurisdiction of the court of trial, the jury may find him guilty
of that other offence or of an offence of which he could be found
guilty on an indictment specifically charging that other offence.

(3) For the purposes of the last foregoing subsection any allegation
of an offence shall be taken as including an allegation of
attempting to commit that offence; and where a person is charged on
indictment with attempting to commit an offence or with any assault
or other act preliminary to an offence, but not with the completed
offence, then (subject to the discretion of the court to discharge
the jury with a view to the preferment of an indictment for the
completed offence) he may be convicted of the offence charged
notwithstanding that he is shown to be guilty of the completed
offence.

(4) ..., on an indictment for murder a person found not guilty of
murder may be found guilty

(a)of manslaughter, or of causing grievous bodily harm with intent
to do so; or

(b)of any offence of which he may be found guilty under an
enactment specifically so providing, or under section 4(2); or

(c)of an attempt to commit murder, or of an attempt to commit any
other offence of which he might be found guilty;

Subs.(5) rep. by 1973 c.53 s.31 sch.5

(6) Any power to bring proceedings for an offence by criminal
information in the High Court is hereby abolished.

(7) Subsections (1) to (4) above ..., shall apply to an indictment
containing more than one count as if each count were a separate
indictment.

CRIMINAL LAW ACT (NORTHERN IRELAND) 1967 - SECT 7
Powers of dealing with offenders.

7.(1) Where a person is convicted on indictment of an offence under
any enactment and is for that offence liable to be sentenced to
imprisonment, but the sentence is not by any enactment either
limited to a specified term or expressed to extend to imprisonment
for life, the person so convicted shall be liable to imprisonment
for not more than two years.

(2) A person convicted on indictment of an attempt to commit an
offence for which a maximum term of imprisonment or a maximum fine
is provided by an enactment, shall not be sentenced to imprisonment
for a term longer, nor to a fine larger, than that to which he
could be sentenced for the completed offence.

(3) Where a person is convicted on indictment of any offence other
than an offence for which the court is required by law to sentence
the offender to death or imprisonment for life or to detention
during the pleasure of the Governor of Northern Ireland, the court,
if not precluded from sentencing the offender by its exercise of
some other power (such as the power to make a probation order),
may impose a fine in lieu of or in addition to dealing with him
in any other way in which the court has power to deal with him,
subject however to any enactment limiting the amount of the fine
that may be imposed or requiring the court to sentence the offender
to imprisonment or otherwise to deal with him in a particular way
(as opposed merely to authorising the court so to sentence or deal
with him).

(4) Notwithstanding anything in any enactment, where

(a)a person is convicted of an offence (other than an offence for
which the court is required by law to sentence the offender to
imprisonment for life or to detention during the pleasure of the
Governor of Northern Ireland) by reason only of his having aided,
abetted, counselled or procured its commission; and

(b)upon such conviction a sentence of imprisonment would, but for
this subsection, be required by law to be imposed on him;

(5) Notwithstanding anything in any enactment whereby power is
conferred on a court, on a person's conviction of an offence, to
bind him over to keep the peace or be of good behaviour or to
keep the peace and be of good behaviour, that power may be
exercised without sentencing the person convicted to a fine or to
imprisonment.

Subs.(6) amends s.5 of 1950 c.7 (NI)

(7) There is hereby abolished so much of the punishment for any
offence as consists in any general forfeiture of lands or of goods
and chattels or in being placed outside Her Majesty's protection or
otherwise incapacitated to sue or be sued.

S.8 rep. by 1978 c.23 s.122(2) sch.7

CRIMINAL LAW ACT (NORTHERN IRELAND) 1967 - SECT 9
Jurisdiction to try certain offences.

9. Without prejudice to any other enactment, any enactment (whether
passed before or after the commencement of this Act) which confers
on, or excludes from, any court jurisdiction to try any person for
an offence (in this section referred to as "the specified offence")
shall be construed as also conferring on, or (as the case may be)
also excluding from, the court jurisdiction to try, convict and
punish

(a)any person alleged to be guilty of the specified offence by
reason of his having aided, abetted, counselled or procured its
commission or any person alleged to have aided, abetted, counselled
or procured the commission of the specified offence; and

(b)any person alleged to be guilty of attempting or conspiring to
commit the specified offence or of having incited another person to
commit it.

S.10(1)(3) adds s.42(5) to, amends s.46 and substitutes s.52(2) of
1964 c.21 (NI); subs.(4) rep. by 1980 NI 6 art.13 sch.2; subs.(5)
substitutes s.68 of 1964 c.21 (NI); subs.(6)(7) amend s.128 of, and
sch.3 to, 1964 c.21 (NI)

CRIMINAL LAW ACT (NORTHERN IRELAND) 1967 - SECT 11
Pardon.

11. A pardon in respect of any offence, if granted by warrant in
due form, shall be of like effect as a pardon under the Great
Seal, but save as aforesaid nothing in this Act shall affect Her
Majesty's royal prerogative of mercy.

CRIMINAL LAW ACT (NORTHERN IRELAND) 1967 - SECT 12
Trial of offences committed within admiralty jurisdiction.

12.(1) Subject to the provisions of any enactment passed before the
commencement of this Act and not repealed or amended by this Act
..., any offence which is triable in Northern Ireland by virtue of
any jurisdiction in admiralty shall be triable on indictment and
section 7 of the Criminal Justice Act (Northern Ireland) 1945 as
amended by this Act shall apply accordingly.

Subs.(2) rep. by 1978 c.23 s.122(2) sch.7 Pt.II

S.13, with Schedule 1, effects amendments

CRIMINAL LAW ACT (NORTHERN IRELAND) 1967 - SECT 14
Commencement, savings, and other general provisions.

14.(1) This Act shall come into force on 29th August 1967; and in
so far as it affects any matter of procedure or evidence or the
jurisdiction or powers of any court in relation to offences, it
shall have effect in relation to proceedings on indictment for an
offence (except as provided by the following subsections) if, but
only if, the person charged with the offence is arraigned on or
after that day.

(2) Subject to subsection (3) where a person is arraigned after the
commencement of this Act on an indictment for a felony committed
before that commencement, the offence shall be deemed always to have
been a misdemeanour and, notwithstanding that the indictment is
framed as an indictment for felony, shall be deemed to be charged
as a misdemeanour in the indictment.

(3) Where a person is arraigned after the commencement of this Act
on an indictment charging him with being an accessory after the
fact to a felony committed before that commencement, that felony
shall, as regards that person, be deemed to be an arrestable
offence, and notwithstanding that the indictment is so framed it
shall be deemed to charge that person with an offence under section
4(1) and section 4(4) shall not apply.

(4) On an indictment signed before the commencement of this Act, a
person may be found guilty of any offence of which he could have
been found guilty on that indictment if this Act had not been
passed, but not of any other offence; and where a person has been
tried for or convicted of felony before the commencement of this
Act, the trial or conviction may be proved in any manner in which
it could have been proved if this Act had not been passed.

(5) Subject to any express amendment or repeal made by this Act,
the following provisions have effect in relation to any enactment
passed before this Act:

(a)any enactment creating an offence by directing it to be felony
shall be read as directing it to be an offence, and nothing in
this Act shall affect the operation of any reference to an offence
in the enactments specially relating to that offence by reason only
of the reference being in terms no longer applicable after the
commencement of this Act;

(b)any enactment referring to felonious stealing or to felonious
taking shall be read as referring merely to stealing;

(c)nothing in this Act shall affect the punishment provided for an
offence by the enactments specially relating to that offence.

Subs.(6) rep. by 1968 c.10 (NI) s.11 sch.

(7) In this Act references to felony shall not be taken as
including treason; but the procedure on trials for treason or
misprision of treason shall be the same as the procedure as altered
by this Act on trials for murder.

(8) In this Act "enactment" means any statutory provision within the
meaning of paragraph (f) of section 1 of the Interpretation Act
(Northern Ireland) 1954.

CRIMINAL LAW ACT (NORTHERN IRELAND) 1967 - SECT 15
Short title and repeals.

15.(1) This Act may be cited as the Criminal Law Act (Northern
Ireland) 1967.

Subs.(2), with Schedule 2, effects repeals

Schedule 1Amendments. Schedule 2Repeals.