Offence Classification
The Criminal Law Act (Northern Ireland) 1967 abolished the distinction between felonies and misdemeanours. This applies to both substantive classification and procedural matters relating to such offences.
A person may use force that is reasonable in the circumstances in the prevention of a crime, or in effecting or assisting in the lawful arrest of offenders, suspected offenders, or persons unlawfully at large. This substitutes the common law rule.
Where a person has committed an arrestable offence or where any other person, knowing or believing them to be guilty of the offence or some other arrestable offence, does without lawful authority or reasonable excuse any act with intent to impede their apprehension, they are guilty of an offence. An arrestable offence has the meaning assigned to it in the Police and Criminal Evidence (Northern Ireland) Order 1989.
Where a person is tried on indictment for an offence, they may be convicted of the above offence if found not guilty of the offence itself.
Where the offence concerned is one for which the law requires sentencing an offender to life, then they may be liable to imprisonment for ten years for the above offence. If the offence is one for which a person may be sentenced to imprisonment for 14 years, they may be liable to imprisonment for up to seven years. Where the offence is subject to imprisonment for up to 10 years, the person impeding arrest, etc., may be liable to imprisonment for up to five years. In all other cases, they are liable to imprisonment for up to three years.
Proceedings may only be instituted with the consent of the Attorney General (AG) or Director of Public Prosecutions (DPP).
Where, subject to the following, a person has committed an arrestable offence, it is the duty of every other person who knows or believes the offence or some other offence has been committed, and that they have information likely to secure or be of material assistance in securing the apprehension, prosecution, or conviction of any person for that offence, to give that information within a reasonable time to a constable.
If, without reasonable excuse, they fail to do so, they are guilty of an offence and shall be liable, on conviction on indictment, to imprisonment according to the gravity of the offence about which they did not give information. The maximum penalties are similar to those mentioned above.
It is not an offence for a person suffering loss or injury by reason of the commission of an offence, or some other person acting on their behalf, not to disclose information once that loss or injury has been made good to the injured person or upon the injured person being reasonably compensated therefor, so long as no further or other consideration is received for or on account of such non-disclosure.
A person who wastes police time by knowingly making any false report or statement tending to show an offence has been committed, whether by themselves or another, or to give rise to apprehension for the safety of any persons or property, or tending to show they have information material to any police inquiry, is liable, on summary conviction, to imprisonment for up to six months and a fine up to level 4 on the standard scale or both. Proceedings may not be instituted except with the consent of the Attorney General (AG) or Director of Public Prosecutions (DPP).
Where a person is convicted on indictment under any offence created by legislation and the sentence is not limited to a specified term or expressed to extend to imprisonment for life, the person is to be liable for imprisonment for not more than two years.
Where a person is convicted on indictment of any offence other than one carrying a life sentence, the court, if not precluded from sentencing the offender by the exercise of some other power, may impose a fine in lieu of or in addition to dealing with them in any other way in which the court has the power to deal with them. This is subject 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 deal with them in a particular way.
Notwithstanding anything in any enactment whereby power is conferred on a court, on conviction, to bind a person over to keep the peace or be of good behaviour, the power may be exercisable without sentencing the person convicted to a fine or imprisonment.
The 1967 Act abolishes rules by which a person is liable to general forfeiture of lands and goods or placed outside the state’s protection or otherwise incapacitated to sue or be sued.