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2 2005

Criminal Justice (Terrorist Offences) Act 2005

PART 5

Miscellaneous Matters

Proceedings relating to offences committed outside the State.

43. —(1) Proceedings for an offence under section 6 , 9, 10, 11 or 13(1) or (2) in relation to an act committed outside the State may be taken in any place in the State and the offence may for all incidental purposes be treated as having been committed in that place.

(2) Where a person is charged with an offence referred to in subsection (1), no further proceedings in the matter (other than any remand in custody or on bail) may be taken except by or with the consent of the Director of Public Prosecutions.

(3) The Director of Public Prosecutions may take, or consent to the taking of, further proceedings against a person for an offence in respect of an act to which section 6 (1), 9(1) or (2), 10(1), (2) or (3), 11(1) or (2) or 13(1) or (2) applies and that is committed outside the State in the circumstances referred to in section 6 (3), 9(4), 10(5), 11(4) or 13(7) respectively if satisfied—

(a) that—

(i) a request for that person's surrender for the purpose of trying him or her for an offence in respect of that act has been made under Part II of the Extradition Act 1965 by—

(I) in the case of an offence in respect of an act to which section 6 (1) applies, any state, and

(II) in the case of an offence in respect of an act to which section 9 (1) or (2), 10(1), (2) or (3), 11(1) or (2) or 13(1) or (2) applies, a state party to the applicable instrument and exercising jurisdiction in accordance with its relevant provision,

and

(ii) the request has been finally refused (whether as a result of a decision of the court or otherwise),

or

(b) that—

(i) a European arrest warrant has been received from an issuing state for the purpose of bringing proceedings against the person for an offence in respect of that act,

(ii) except in the case of an act to which section 6 (1) applies, jurisdiction is being exercised in accordance with the relevant provision of the applicable instrument, and

(iii) a final determination has been made that the European arrest warrant should not be endorsed for execution in the State under the European Arrest Warrant Act 2003 or that the person should not be surrendered to the issuing state concerned,

or

(c) that, because of special circumstances (including, but not limited to, the likelihood of a refusal referred to in paragraph (a)(ii) or a determination referred to in paragraph (b)(iii)), it is expedient that proceedings be taken against the person for an offence under the law of the State in respect of the act.

(4) In subsection (3)

“applicable instrument” means—

(a) in relation to an act to which section 9 (1) or (2) applies, the Hostage Convention as defined in section 8 ,

(b) in relation to an act to which section 10 (1), (2) or (3) applies, the Terrorist Bombing Convention as defined in section 8 ,

(c) in relation to an act to which section 11 (1) or (2) applies, the Internationally Protected Persons Convention as defined in section 8 , and

(d) in relation to an act to which section 13 (1) or (2) applies, the Terrorist Financing Convention as defined in section 12 ;

“European arrest warrant” and “issuing state” have the meanings given by section 2 of the European Arrest Warrant Act 2003 ;

“relevant provision” means—

(a) in relation to the Hostage Convention, Article 5(1),

(b) in relation to the Terrorist Bombing Convention, Article 6(1) or (2),

(c) in relation to the Internationally Protected Persons Convention, Article 3(1), and

(d) in relation to the Terrorist Financing Convention, Article 7(1) or (2).

Evidence in proceedings under the Act.

44. —(1) Where in any proceedings relating to an offence under this Act a question arises as to whether—

(a) a person is an internationally protected person,

(b) a facility is a State or Government facility of the State abroad, or

(c) an organisation is an international organisation or an international organisation of an intergovernmental character,

a certificate that is signed by the Minister for Foreign Affairs, or by a person authorised by that Minister, and that states any fact relating to that question is evidence of the fact unless the contrary is shown.

(2) In any proceedings relating to an offence under this Act—

(a) a certificate that is signed by an officer of the Department of Foreign Affairs and states that—

(i) a passport was issued by the Department to that person on a specified date, and

(ii) to the best of the officer's knowledge and belief, the person has not ceased to be an Irish citizen,

is evidence that the person was an Irish citizen on the date the offence is alleged to have been committed, unless the contrary is shown,

(b) a certificate that is signed by the Attorney General, or by a person authorised by him or her, as to his or her opinion in relation to a matter mentioned in section 6 (6) is evidence of that opinion, unless the contrary is shown, and

(c) a certificate that is signed by the Director of Public Prosecutions or by a person authorised by that Director and that states any of the matters specified in paragraph (a), (b) or (c) of section 43 (3) is evidence of the facts stated in the certificate, unless the contrary is shown.

(3) A document purporting to be a certificate under subsection (1) or (2) is deemed, unless the contrary is shown—

(a) to be such a certificate,

(b) to have been signed by the person purporting to have signed it, and

(c) in the case of certificate signed with the authority of the Minister for Foreign Affairs, the Attorney General or the Director of Public Prosecutions, to have been signed in accordance with the authorisation.

Liability for offences by bodies corporate.

45. —(1) Where a body corporate commits an offence under this Act and the offence is proved to have been committed with the consent or connivance of, or to be attributable to, any neglect on the part of a person who, when the offence was committed—

(a) was a director, manager, secretary or other officer of that body, or

(b) purported to act in any such capacity,

that person, as well as the body corporate, is guilty of an offence and is liable to be proceeded against and punished accordingly.

(2) A person may be proceeded against for an offence referred to in subsection (1) whether or not the body corporate has been proceeded against or convicted of the offence committed by that body.

(3) Where the affairs of a body corporate are managed by its members, subsections (1) and (2) apply in relation to the acts and defaults of a member in connection with the member's management functions as if the member were a director or manager of the body corporate.

Double jeopardy.

46. —A person who has been acquitted or convicted of an offence outside the State shall not be proceeded against for an offence under this Act consisting of the acts that constituted the offence of which that person was so acquitted or convicted.

Expenses.

47. —The expenses incurred in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of money provided by the Oireachtas.