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2 2005

Criminal Justice (Terrorist Offences) Act 2005

PART 6

Amendment of Other Acts

Amendment of section 21 of Act of 1939.

48. —Section 21(2) of the Act of 1939 is amended—

(a) in paragraph (a) by substituting—

(i) “€3,000” for “fifty pounds”, and

(ii) “12 months” for “three months”,

and

(b) in paragraph (b) by substituting “a fine or imprisonment for a term not exceeding 8 years or both” for “imprisonment for a term not exceeding 7 years”.

Amendment of Act of 1939 — new section 21A.

49. —The Act of 1939 is amended by inserting the following after section 21:

“Offence of providing assistance to an unlawful organisation.

21A.—(1) A person who knowingly renders assistance (including financial assistance) to an unlawful organisation, whether directly or indirectly, in the performance or furtherance of an unlawful object is guilty of an offence.

(2) A person guilty of an offence under this section is liable—

(a) on summary conviction, to a fine not exceeding €3,000 or imprisonment for a term not exceeding 12 months or both, or

(b) on conviction on indictment, to a fine or imprisonment for a term not exceeding 8 years or both.”.

Amendment of section 22 of Act of 1939.

50. —Section 22(a) of the Act of 1939 is amended by substituting “all the property (including money and all other property, real or personal, heritable or moveable, including choses in action and other intangible or incorporeal property, including funds as defined in section 12 of the Criminal Justice (Terrorist Offences) Act 2005 of such organisation” for “all the property (whether real, chattel real, or personal and whether in possession or in action) of such organisation”.

Amendment of Act of 1939 — new sections 22A to 22I.

51. —The Act of 1939 is amended by inserting the following after section 22:

“Definitions for, and operation of, sections 22B to 22I.

22A.—(1) For the purposes of sections 22B to 22I—

‘disposal order’ means an order under section 22C;

‘interim order’ means an order made under section 22B;

‘Minister’ means Minister for Justice, Equality and Law Reform;

‘property’ does not include moneys held in a bank;

‘respondent’ means—

(a) a person in respect of whom an application for an interim order has been made, or

(b) a person in respect of whom an interim order has been made,

and includes a person who, but for this Act, would become entitled on the death of a person referred to in paragraph (a) or (b) to any property to which such an order relates (being an order that is in force and is in respect of that person).

(2) Sections 22B to 22I shall not be construed to limit the generality of section 22.

Interim order respecting specified property.

22B.—(1) The Minister may apply ex parte to the High Court for an interim order under subsection (2) in respect of specified property where the Minister is of the opinion that it—

(a) is the property of an unlawful organisation, whether or not the property is in the possession or control of that organisation, and

(b) is forfeited to and vested in the Minister by virtue of section 22.

(2) On application under subsection (1), the Court may issue an interim order prohibiting any of the following from disposing of or otherwise dealing with the property specified in the order or from diminishing its value:

(a) any person in possession or control of the property;

(b) any person having notice of the order;

(c) any other person specified in the order.

(3) An interim order—

(a) may contain such provisions, conditions and restrictions as the Court considers necessary or expedient, and

(b) shall provide for notice of the order to be given to—

(i) any person named in the order, and

(ii) any other person who is or appears to be affected by it, unless the Court is satisfied that it is not reasonably possible to ascertain the person's whereabouts.

(4) On application by the respondent or any other person claiming ownership of any property specified in an interim order that is in force under this section, the Court may discharge or vary the order, as it considers appropriate, if it is shown to the Court's satisfaction that the property is not the property of an unlawful organisation.

(5) On application at any time by the Minister, the Court shall discharge an interim order.

(6) Subject to subsections (4) and (5), an interim order continues in force until the expiry of 12 months from the date of its making and then lapses, unless an application for a disposal order in respect of any property specified in the interim order is brought during that period.

(7) If an application for a disposal order is brought within the period allowed under subsection (6), the interim order lapses on—

(a) the determination of the application,

(b) the expiry of the ordinary time for bringing an appeal against the determination, or

(c) if such appeal is brought, the determination or abandonment of the appeal or any further appeal or the expiry of the time for bringing any further appeal,

whichever is the latest.

(8) Notice of an application under subsection (4) shall be given by the respondent or other person making the application to—

(a) the Minister, and

(b) any person to whom the Court directs that notice of the application be given.

(9) Notice of an application under subsection (5) shall be given by the Minister to—

(a) the respondent, unless the Court is satisfied that it is not reasonably possible to ascertain the respondent's whereabouts, and

(b) any person to whom the Court directs that notice of the application be given.

Disposal order respecting specified property.

22C.—(1) Subject to subsection (2), where an interim order has been in force for not less than 12 months in relation to specified property, the High Court may, on application by the Minister, make an order authorising the Minister to dispose of the property as he sees fit.

(2) Subject to subsection (4), the Court shall make a disposal order in relation to any property that is the subject of an application under subsection (1) unless it is satisfied that the property is not the property of an unlawful organisation.

(3) The Minister shall give notice of an application under this section to—

(a) the respondent unless the Court is satisfied that it is not reasonably possible to ascertain the respondent's whereabouts, and

(b) such other (if any) persons as the Court may direct.

(4) Before deciding whether to make a disposal order under subsection (1), the Court shall give any person claiming ownership of the specified property an opportunity to be heard by the Court and to show cause why the order should not be made.

(5) On application by the respondent or, if the respondent's whereabouts cannot be ascertained, on the Court's own initiative, the Court may, if it considers it appropriate to do so in the interests of justice, adjourn the hearing of an application under subsection (1) for such period not exceeding 2 years as it considers reasonable.

Ancillary orders and provision in relation to certain profits or gains, etc.

22D.—(1) At any time while an interim order is in force, the High Court may, on application by the Minister, make such orders as it considers necessary or expedient to enable the interim order to have full effect.

(2) The Minister shall give notice of an application under this section to—

(a) the respondent unless the Court is satisfied that it is not reasonably possible to ascertain the respondent's whereabouts, and

(b) such other (if any) persons as the Court may direct.

(3) An interim order or disposal order may be expressed to apply to—

(a) any profit, gain or interest,

(b) any dividend or other payment, or

(c) any other property,

payable or arising, after the making of the order, in connection with any other property to which the order relates.

Evidence.

22E.—(1) Production in court in any proceedings of a document signed by the Minister and stating that the property specified in the document would, but for the operation of section 22, have been the property of an unlawful organisation is evidence that the specified property would, but for the operation of that section, have been the property of an unlawful organisation, unless the contrary is shown.

(2) A document purporting to be a document of the Minister under subsection (1) and to be signed by the Minister shall be deemed for the purposes of this section to be such a document and to have been so signed, unless the contrary is shown.

Seizure of certain property.

22F.—(1) Where an interim order or a disposal order is in force, a member of the Garda Síochána or an officer of customs and excise may seize any property that is the subject of the order for the purpose of preventing the property being removed from the State.

(2) Property seized under this section shall be dealt with in accordance with the directions of the High Court.

Compensation.

22G.—(1) An application to the High Court for an order under this section may be made where—

(a) an interim order is discharged or lapses and a disposal order in relation to the matter is not made or, if made, is discharged, or

(b) an interim order or a disposal order is varied on appeal.

(2) On application under subsection (1) by a person who satisfies the Court that the person is the owner of any property to which—

(a) an interim order referred to in subsection (1)(a) related,

(b) an order referred to in subsection (1)(b) had related, but, by reason of its being varied by a court, has ceased to relate,

the Court may award the person such (if any) compensation payable by the Minister as it considers just in the circumstances in respect of any loss incurred by the person by reason of the order concerned.

(3) The Minister shall be given notice of, and be entitled to be heard in, any proceedings under this section.

Application of certain provisions of Act of 1996.

22H.—For the purposes of this Part, sections 6, 7 and 9 to 13 of the Act of 1996 apply with the following modifications and any other necessary modifications as if an interim order or a disposal order made under this Part, or an application for such order, had been made under the Act of 1996:

(a) a reference in any of the applicable provisions of the Act of 1996 to applicant or Minister shall be construed as referring to the Minister for Justice, Equality and Law Reform;

(b) a reference in any of the applicable provisions of the Act of 1996 to respondent shall be construed as defined in section 22A of this Act.

Immunity from proceedings.

22I.—No action or proceeding of any kind lies against a person in any court in respect of any act done or omission made in compliance with an order under any of sections 22B to 22D and 22H.”.

Amendment of section 38 of Act of 1939.

52. —Section 38 of the Act of 1939 is amended by adding the following subsection:

“(4) For the purposes of this Act, a Special Criminal Court is in existence if it has been established under this section and has at the relevant time not fewer than 3 members appointed under section 39.”.

Amendment of section 49 of Act of 1939.

53. —Section 49 of the Act of 1939 is amended by renumbering it as section 49(1) and adding the following subsections:

“(2) A trial that is to be heard before a Special Criminal Court may be transferred by the Court, on its own motion or on the application of a triable person or the Director of Public Prosecutions, to another Special Criminal Court, but only if the first Court decides that it would be in the interests of justice to do so.

(3) In deciding whether it is in the interests of justice to transfer a trial, the Special Criminal Court may consider any factors it thinks relevant, including—

(a) whether the transfer would be in the interests of the expeditious administration of justice, and

(b) whether the transfer would prejudice the triable person or persons or the prosecution.

(4) A trial may be transferred under this section notwithstanding that an order has been made under subsection (1)(e) in relation to the triable person or persons.

(5) Where 2 or more triable persons are to be tried jointly, the decision of the Special Criminal Court to transfer the trial applies in relation to all of them.

(6) Subsection (5) does not affect the right of a triable person to apply for a separate trial and, if the application is granted, then to apply for a transfer of that trial.

(7) The decision of a Special Criminal Court to transfer a trial is final and unappealable.

(8) In this section ‘triable person’ means a person sent or sent forward for trial to, or charged before or transferred under this Act to, a Special Criminal Court.”.

Amendment and commencement of section 2 of Act of 1985.

54. —(1) Section 2(1) of the Act of 1985 is amended by repealing paragraph (c).

(2) Section 2 of the Act of 1985 comes into operation on the pasing of this Act.

Amendment of section 8 of Act of 1985.

55. —Section 8(2) of the Act of 1985 is amended by inserting “or any other form of property” after “Moneys”.

Amendment of Defence Act 1954.

56. The Defence Act 1954 is amended as follows:

(a) in section 169 (as amended by section 7 of the Criminal Justice Act 1990 ) by substituting the following for subsection (3):

“(3) Where a person charged under this section is convicted by a court-martial of an offence other than treason or murder, he shall be liable to be punished as follows:

(a) if he is convicted of manslaughter, be liable to imprisonment for life or any lesser punishment awardable by a court-martial;

(b) if he is convicted of rape, rape under section 4 (within the meaning of the Criminal Law (Rape) (Amendment) Act 1990 ) or aggravated sexual assault (within the meaning of the Criminal Law (Rape) (Amendment) Act 1990 ), be liable to imprisonment for life or any lesser punishment awardable by a court-martial;

(c) if he is convicted of an act of genocide which would be punishable under the Genocide Act 1973 be liable—

(i) in case the offence consists of the killing of any person, to imprisonment for life, or

(ii) in any other case, to imprisonment for a term not exceeding fourteen years;

(d) if he is convicted of an offence under the Criminal Justice (United Nations Convention against Torture) Act 2000 be liable to imprisonment for life;

(e) if he is convicted of an offence under the Criminal Justice (Safety of United Nations Workers) Act 2000 be liable either to suffer any punishment assigned for such offence by that Act or any lesser punishment awardable by a court-martial;

(f) if he is convicted of an offence under the Criminal Justice (Terrorist Offences) Act 2005, be liable to suffer any punishment assigned for such offence by that Act;

(g) if he is convicted of any offence not before in this section particularly specified which when committed in the State is punishable by the ordinary criminal law of the State, be liable, whether the offence is committed in the State or elsewhere, either to suffer any punishment assigned for such offence by law of the State or to suffer—

(i) if he is subject to military law as an officer, dismissal with ignominy from the Defence Forces or any lesser punishment awardable by a court-martial, or

(ii) if he is subject to military law as a man, imprisonment for any term not exceeding two years or any lesser punishment awardable by a court-martial.”;

(b) in section 192(2)(c) by inserting “or an offence under the Criminal Justice (Terrorist Offences) Act 2005” after “an offence under the Criminal Justice (Safety of United Nations Workers) Act, 2000 ” (inserted by section 6 of the Criminal Justice (Safety of United Nations Workers) Act 2000 );

(c) in section 192(3) by inserting “or an offence under the Criminal Justice (Terrorist Offences) Act 2005” after “an offence under the Criminal Justice (Safety of United Nations Workers) Act, 2000 ” (inserted by section 6 of the Criminal Justice (Safety of United Nations Workers) Act 2000 ).

Amendment of Extradition Act 1965.

57. —(1) Section 3(1) of the Act of 1965 is amended by substituting the following for the definition of “political offence”:

“ ‘political offence’ does not include any of the following:

(a) the taking or attempted taking of the life of a Head of State or a member of his family;

(b) an offence within the scope of the United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances done at Vienna on the 20th of December, 1988;

(c) an offence within the scope of the International Convention for the Suppression of Terrorist Bombings adopted by resolution 52/164 of the General Assembly of the United Nations on 15 December 1997;

(d) an offence within the scope of the International Convention for the Suppression of the Financing of Terrorism adopted by resolution 54/109 of the General Assembly of the United Nations on 9 December 1999;”.

(2) Section 3 of the Act of 1965 is amended by the substitution, in subsection (1), of the following definition for the definition of “country” (inserted by section 47(a) of the Act of 2003):

“ ‘country’ includes—

(a) a place or territory for whose external relations a country, other than that place or territory, is (in whole or in part) responsible, and

(b) a place or territory for whose external relations the government of a country, other than the government of that place or territory, is (in whole or in part) responsible.”.

(3) Section 8 (amended by section 49 of the Act of 2003) of the Act of 1965 is amended by the substitution of the following subsections for subsections (1) and (1A):

“(1) Where by any international agreement or convention to which the State is a party an arrangement (in this Act referred to as an extradition agreement) is made with another country for the surrender by each country to the other of persons wanted for prosecution or punishment or where the Minister is satisfied that reciprocal facilities to that effect will be afforded by another country, the Minister for Foreign Affairs may, after consultation with the Minister, by order apply this Part—

(a) in relation to that country, or

(b) in relation to a place or territory for whose external relations that country is (in whole or in part) responsible.

(1A) Where at any time after the making of an order under subsection (1), a country becomes a party to an extradition agreement to which that order applies, the Minister for Foreign Affairs may, after consultation with the Minister, by order so declare, and this Part shall, upon the making of the second-mentioned order, apply—

(a) to that country, or

(b) if that country became a party to the extradition agreement concerned for the purpose only of its applying in relation to a place or territory for whose external relations that country is (in whole or in part) responsible, to that place or territory.”.

Amendment of Extradition (Amendment) Act 1994.

58. —The First Schedule to the Extradition (Amendment) Act 1994 is amended by inserting the following after paragraph 6B:

“6C. An offence under section 6 (1)(a), 9 or 11 of the Criminal Justice (Terrorist Offences) Act 2005.”.

Amendment of Criminal Procedure Act 1967.

59. The Criminal Procedure Act 1967 is amended as follows:

(a) in section 13(1) by inserting “or the offence of murder under section 6 or 11 of the Criminal Justice (Terrorist Offences) Act 2005 or an attempt to commit such offence” after “the offence of killing or attempted killing under paragraph (h) or (j) of section 2(1) of the Maritime Security Act 2004 ” (inserted by section 10 of the Maritime Security Act 2004 );

(b) in section 29(1) by inserting the following after paragraph (j) (inserted by section 10 of the Maritime Security Act 2004 ):

“(k) the offence of murder under section 6 or 11 of the Criminal Justice (Terrorist Offences) Act 2005 or an attempt to commit such offence.”.

Amendment of Bail Act 1997.

60. —The Schedule to the Bail Act 1997 is amended by inserting the following after paragraph 32:

“Suppression of Terrorism.

33.—Any offence under the Criminal Justice (Terrorist Offences) Act 2005.”.