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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: | |||
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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: | |||
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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.”. |