Criminal Justice (Terrorist Offences) Act 2005

Criminal Justice (Terrorist Offences) Act 2005 Skip to content Disclaimer Feedback Helpdesk Gaeilge Léim go dtí an t-ábhar Séanadh Aiseolas Deasc chabhrach English Gaeilge English Produced by the Office of the Attorney General Táirgthe ag Oifig an Ard-Aighne Home Legislation Acts of the Oireachtas Statutory Instruments Pre-1922 Legislation Constitution External Resources Bills (Houses of the Oireachtas) Iris Oifigiúil / Official Gazette Revised Acts (LRC) Classified List of Legislation (LRC) Translations (acts.ie) Translations (Houses of the Oireachtas) Government Publications for Sale EU Law (EUR-Lex) FAQ Disclaimer Feedback Helpdesk Search Baile Reachtaíocht Achtanna an Oireachtais Ionstraimí Reachtúla Reachtaíocht Réamh-1922 Bunreacht Acmhainní Seachtracha Billí (Tithe an Oireachtais) Iris Oifigiúil Achtanna Athbhreithnithe (CAD) (An Coimisiún um Athchóiriú an Dlí) Liosta Rangaithe Reachtaíochta Aistriúcháin (achtanna.ie) Aistriúcháin (Tithe an Oireachtais) Foilseacháin Rialtais ar Díol Dlí AE (EUR-Lex) CCanna (Ceisteanna Coitianta) Séanadh Aiseolas Deasc chabhrach Cuardach TitleTeideal Year(s) or rangeBliain nó blianta nó raon TypeCineál All Legislation Acts Statutory Instruments Advanced SearchCuardach Casta HomeBaile ActsAchtanna 2005 Criminal Justice (Terrorist Offences) Act 2005 Criminal Justice (Terrorist Offences) Act 2005 Permanent Page URL View by SectionAmharc de réir Ailt View Full ActAmharc ar an Acht Iomlán Bill History Stair Bille Commencement, Amendments, SIs made under the Act Tosach Feidhme, Leasuithe, IRí arna ndéanamh faoin Acht Revised Act Acht Athbh… Open PDFOscail PDF Print Full ActPriontáil an tAcht Iomlán Number 2 of 2005 CRIMINAL JUSTICE (TERRORIST OFFENCES) ACT 2005 ARRANGEMENT OF SECTIONS

PART 1

Preliminary Matters Section 1.

Short title.

2.

Commencement.

3.

Interpretation.

PART 2

Suppression of Terrorist Groups and Terrorist Offences 4.

Definitions for Part 2.

5.

Terrorist groups.

6.

Terrorist offences.

7.

Penalties for terrorist offences.

PART 3

Suppression of Hostage-Taking, Terrorist Bombing and Crimes Against Internationally Protected Persons.

8.

Definitions for Part 3.

9.

Offence of hostage-taking.

10.

Offence of terrorist bombing.

11.

Offences against internationally protected persons.

PART 4

Suppression of Financing of Terrorism 12.

Interpretation of Part 4.

13.

Offence of financing terrorism.

14.

Interim order freezing certain funds.

15.

Interlocutory order.

16.

Disposal order.

17.

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

18.

Evidence and proceedings relating to interim and other orders.

19.

Compensation.

20.

Application of certain provisions of Act of 1996.

21.

Amendment of section 3 of Act of 1994.

22.

Amendment of Part II of Act of 1994 — new sections 8A to 8E.

23.

Amendment of section 9 of Act of 1994.

24.

Amendment of section 10 of Act of 1994.

25.

Amendment of section 11 of Act of 1994.

26.

Amendment of section 12 of Act of 1994.

27.

Amendment of section 13 of Act of 1994.

28.

Amendment of section 17 of Act of 1994.

29.

Amendment of section 18 of Act of 1994.

30.

Amendment of section 23 of Act of 1994.

31.

Amendment of section 28 of Act of 1994.

32.

Amendment of section 32 of Act of 1994.

33.

Amendment of section 46 of Act of 1994.

34.

Amendment of section 47 of Act of 1994.

35.

Amendment of section 55 of Act of 1994.

36.

Amendment of section 57 of Act of 1994.

37.

Amendment of section 58 of Act of 1994.

38.

Amendment of section 61 of Act of 1994.

39.

Amendment of section 63 of Act of 1994.

40.

Amendment of section 64 of Act of 1994.

41.

Amendment of section 65 of Act of 1994.

42.

Power to make regulations.

PART 5

Miscellaneous Matters 43.

Proceedings relating to offences committed outside the State.

44.

Evidence in proceedings under the Act.

45.

Liability for offences by bodies corporate.

46.

Double jeopardy.

47.

Expenses.

PART 6

Amendment of Other Acts 48.

Amendment of section 21 of Act of 1939.

49.

Amendment of Act of 1939 — new section 21A.

50.

Amendment of section 22 of Act of 1939.

51.

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

52.

Amendment of section 38 of Act of 1939.

53.

Amendment of section 49 of Act of 1939.

54.

Amendment and commencement of section 2 of Act of 1985.

55.

Amendment of section 8 of Act of 1985.

56.

Amendment of Defence Act 1954.

57.

Amendment of Extradition Act 1965.

58.

Amendment of Extradition (Amendment) Act 1994.

59.

Amendment of Criminal Procedure Act 1967.

60.

Amendment of Bail Act 1997.

PART 7

Communications Data 61.

Interpretation of this Part.

62.

Application of this Part.

63.

Retention of traffic and location data relating to communications by phone.

64.

Access to data retained for law enforcement and security purposes.

65.

Complaints procedure.

66.

Amendment of section 8 of Act of 1993.

67.

Duties of designated judge in relation to this Part.

PART 8

European Arrest Warrant.

68.

Application of this Part.

69.

Issuing state presumed to comply with Framework Decision.

70.

Corresponding offences.

71.

Obligation to surrender.

72.

European arrest warrant.

73.

Amendment of section 12 of Act of 2003.

74.

Amendment of section 14 of Act of 2003.

75.

Amendment of section 15 of Act of 2003.

76.

Date of hearing in relation to European arrest warrant.

77.

Amendment of section 18 of Act of 2003.

78.

Amendment of section 20 of Act of 2003.

79.

Refusal of surrender where no decision to prosecute.

80.

Rule of specialty.

81.

Surrender of person by issuing state to other Member State.

82.

Extradition of person by issuing state to third state.

83.

Proceedings in the State.

SCHEDULE 1 Council Framework Decision of 13 June 2002 on Combating Terrorism

PART 1

PART 2

SCHEDULE 2 Offences for Purposes of Definitions of “Terrorist Activity” and “Terrorist-Linked Activity”

PART 1

PART 2

PART 3

SCHEDULE 3 International Convention Against the Taking of Hostages SCHEDULE 4 Convention on the Prevention and Punishment of Crimes Against Internationally Protected Persons, Including Diplomatic Agents SCHEDULE 5 International Convention for the Suppression of Terrorist Bombings SCHEDULE 6 Offences Against Internationally Protected Persons

PART 1

PART 2

SCHEDULE 7 International Convention for the Suppression of the Financing of Terrorism Acts Referred to Air Navigation and Transport Act 1973 1973, No. 29 Air Navigation and Transport Act 1975 1975, No. 9 Bail Act 1997 1997, No. 16 Chemical Weapons Act 1997 1997, No. 28 Criminal Damage Act 1991 1991, No. 31 Criminal Justice Act 1990 1990, No. 16 Criminal Justice Act 1994 1994, No. 15 Criminal Justice Act 1999 1999, No. 10 Criminal Justice (Miscellaneous Provisions) Act 1997 1997, No. 4 Criminal Justice (Public Order) Act 1994 1994, No. 2 Criminal Justice (Safety of United Nations Workers) Act 2000 2000, No. 16 Criminal Justice (Theft and Fraud Offences) Act 2001 2001, No. 50 Criminal Justice (United Nations Convention against Torture) Act 2000 2000, No. 11 Criminal Law Act 1976 1976, No. 32 Criminal Law (Jurisdiction) Act 1976 1976, No. 14 Criminal Law (Rape) (Amendment) Act 1990 1990, No. 32 Criminal Procedure Act 1967 1967, No. 12 Data Protection Act 1988 1988, No. 25 Data Protection Acts 1988 and 2003 Defence Act 1954 1954, No. 18 European Arrest Warrant Act 2003 2003, No. 45 Explosive Substances Act 1883 46 & 47 Vict., c. 3 Extradition Act 1965 1965, No. 17 Extradition Acts 1965 to 2001 Extradition (Amendment) Act 1994 1994, No. 6 Firearms Act 1925 1925, No. 17 Firearms Act 1964 1964, No. 1 Geneva Conventions Act 1962 1962, No. 11 Genocide Act 1973 1973, No. 28 Interception of Postal Packets and Telecommunications Messages (Regulation) Act 1993 1993, No. 10 Malicious Damage Act 1861 24 & 25 Vict., c. 97 Maritime Security Act 2004 2004, No. 29 Mercantile Marine Act 1955 1955, No. 29 Non-Fatal Offences against the Person Act 1997 1997, No. 26 Offences against the State Act 1939 1939, No. 13 Offences against the State Acts 1939 to 1998 Offences against the State (Amendment) Act 1985 1985, No. 3 Offences against the State (Amendment) Act 1998 1998, No. 39 Post Office Act 1908 8 Edw. 7, c. 48 Proceeds of Crime Act 1996 1996, No. 30 Radiological Protection Act 1991 1991, No. 9 Taxes Consolidation Act 1997 1997, No. 39 Number 2 of 2005 CRIMINAL JUSTICE (TERRORIST OFFENCES) ACT 2005 AN ACT TO ENABLE THE STATE TO MEET COMMITMENTS UNDERTAKEN AS PART OF THE INTERNATIONAL COMMUNITY, TO AMEND THE OFFENCES AGAINST THE STATE ACTS 1939 TO 1998 AND THE EUROPEAN ARREST WARRANT ACT 2003, AND TO MAKE PROVISION FOR RELATED MATTERS, INCLUDING THE RETENTION OF COMMUNICATIONS DATA. [8th March, 2005] BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

PART 1

Preliminary Matters Short title.

1.—This Act may be cited as the Criminal Justice (Terrorist Offences) Act 2005.

Commencement.

2.—

Section 32

comes into operation 4 months after the passing of this Act.

Interpretation.

3.—(1) In this Act, except where the context otherwise requires— “act” includes omission and a reference to the commission or doing of an act includes a reference to the making of an omission; “Act of 1939” means the Offences against the State Act 1939 ; “Act of 1965” means the Extradition Act 1965 ; “Act of 1985” means the Offences against the State (Amendment) Act 1985 ; “Act of 1994” means the Criminal Justice Act 1994 ; “Act of 1996” means the Proceeds of Crime Act 1996 ; “Act of 1998” means the Offences against the State (Amendment) Act 1998 ; “Act of 2003” means the European Arrest Warrant Act 2003 ; “Irish ship” has the same meaning as in section 9 of the Mercantile Marine Act 1955 ; “Minister” means Minister for Justice, Equality and Law Reform; “ship” includes any vessel used in navigation.

PART 2

Suppression of Terrorist Groups and Terrorist Offences Definitions for Part 2.

4.—In this Part— “Framework Decision” means the Framework Decision on Combating Terrorism adopted by the Council of the European Union at Luxembourg on 13 June 2002, the text of which is set out for convenience of reference in— (a) Part 1 of Schedule 1, in the case of the Irish language text, and (b) Part 2 of Schedule 1, in the case of the English language text; “terrorist activity” means an act that is committed in or outside the State and that— (a) if committed in the State, would constitute an offence specified in

Part 1

of Schedule 2 , and (b) is committed with the intention of— (i) seriously intimidating a population, (ii) unduly compelling a government or an international organisation to perform or abstain from performing an act, or (iii) seriously destabilising or destroying the fundamental political, constitutional, economic or social structures of a state or an international organisation; “terrorist group” has the same meaning as in the Framework Decision; “terrorist-linked activity” means an act— (a) that is committed in or outside the State and that— (i) if committed in the State, would constitute an offence specified in

Part 2

of Schedule 2 , and (ii) is committed with a view to engaging in a terrorist activity, or (b) that is committed in or outside the State and that— (i) if committed in the State, would constitute an offence specified in

Part 3

of Schedule 2 , and (ii) is committed with a view to engaging in a terrorist activity or with a view to committing an act that, if committed in the State, would constitute an offence under section 21 or 21A of the Act of 1939.

Terrorist groups.

5.—(1) A terrorist group that engages in, promotes, encourages or advocates the commission, in or outside the State, of a terrorist activity is an unlawful organisation within the meaning and for the purposes of the Offences against the State Acts 1939 to 1998 and section 3 of the Criminal Law Act 1976 .

Terrorist offences.

6.—(1) Subject to subsections (2) to (4), a person is guilty of an offence if the person— (a) in or outside the State— (i) engages in a terrorist activity or a terrorist-linked activity, (ii) attempts to engage in a terrorist activity or a terrorist-linked activity, or (iii) makes a threat to engage in a terrorist activity, or (b) commits outside the State an act that, if committed in the State, would constitute— (i) an offence under section 21 or 21A of the Act of 1939, or (ii) an offence under section 6 of the Act of 1998.

Part 1

of Schedule 2 , or (ii) that, if committed in the State, would constitute an offence referred to in subparagraph (i), and (b) the court is satisfied, having regard to all the circumstances including those specified in subsection (8), that it is reasonable to assume that the act was committed, or the attempt was made, with the intention of— (i) seriously intimidating a population, (ii) unduly compelling a government or an international organisation to perform or abstain from performing an act, or (iii) seriously destabilising or destroying the fundamental political, constitutional, economic or social structures of a state or an international organisation, the accused person shall be presumed, unless the court is satisfied to the contrary, to have committed or attempted to commit the act with that intention.

Penalties for terrorist offences.

7.—(1) A person guilty of an offence under section 6

PART 3

Suppression of Hostage-Taking, Terrorist Bombing and Crimes Against Internationally Protected Persons Definitions for Part 3.

8.—In this Part— “Hostage Convention” means the International Convention against the Taking of Hostages adopted by resolution 34/146 of the General Assembly of the United Nations on 17 December 1979, the English language text of which is set out for convenience of reference in Schedule 3; “Internationally Protected Persons Convention” means the Convention on the Prevention and Punishment of Crimes against Internationally Protected Persons, including Diplomatic Agents, adopted by resolution 3166 of the General Assembly of the United Nations on 14 December 1973, the English language text of which is set out for convenience of reference in Schedule 4; “Terrorist Bombing Convention” means 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, the English language text of which is set out for convenience of reference in Schedule 5.

Offence of hostage-taking.

9.—(1) Subject to subsections (3) to (5), a person is guilty of the offence of hostage-taking if he or she, in or outside the State— (a) seizes or detains another person (“the hostage”), and (b) threatens to kill, injure or continue to detain the hostage, in order to compel a state, an international intergovernmental organisation, a person or a group of persons to do, or abstain from doing, any act.

Offence of terrorist bombing.

10.—(1) Subject to subsections (4) to (6), a person is guilty of an offence if he or she, in or outside the State, unlawfully and intentionally delivers, places, discharges or detonates an explosive or other lethal device in, into or against— (a) a place of public use, (b) a state or government facility, (c) a public transportation system, or (d) an infrastructure facility, with intent to cause death or serious bodily injury.

Offences against internationally protected persons.

11.—(1) Subject to subsections (3) and (4), a person is guilty of an offence if he or she does outside the State— (a) an act to, or in relation to, an internationally protected person that, if done in the State, would constitute an offence specified in

Part 1

of Schedule 6 , or (b) an act in connection with an attack on the official premises, the private accommodation or any means of transportation of an internationally protected person that, if done in the State, would constitute an offence specified in

Part 2

of Schedule 6 .

PART 4

Suppression of Financing of Terrorism Interpretation of Part 4.

12.—(1) In this Part, except where the context otherwise requires— “disposal order” means an order under section 16 ; “funds” means— (a) assets of every kind, whether tangible or intangible, movable or immovable, however acquired, and (b) any legal document or instrument in any form, including electronic or digital, evidencing title to, or any interest in, any asset, including, but not limited to, a bank credit, traveller's cheque, bank cheque, money order, share, security, bond, draft and letter of credit; “interim order” means an order under section 14 ; “interlocutory order” means an order under section 15 ; “member of the Garda Síochána” means a member of the Garda Síochána not below the rank of Chief Superintendent; “respondent” means— (a) a person in respect of whom an application for an interim order or an interlocutory order has been made, or (b) a person in respect of whom an interim order or an interlocutory 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 funds to which such an order relates (being an order that is in force and is in respect of that person); “Terrorist Financing Convention” means 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, the English language text of which is set out for convenience of reference in Schedule 7.

Offence of financing terrorism.

13.—(1) Subject to subsections (6) and (7), a person is guilty of an offence if, in or outside the State, the person by any means, directly or indirectly, unlawfully and wilfully provides, collects or receives funds intending that they be used or knowing that they will be used, in whole or in part in order to carry out— (a) an act that constitutes an offence under the law of the State and within the scope of, and as defined in, any treaty that is listed in the annex to the Terrorist Financing Convention, or (b) an act (other than one referred to in paragraph (a))— (i) that is intended to cause death or serious bodily injury to a civilian or to any other person not taking an active part in the hostilities in a situation of armed conflict, and (ii) the purpose of which is, by its nature or context, to intimidate a population or to compel a government or an international organisation to do or abstain from doing any act.

Interim order freezing certain funds.

14.—(1) If satisfied on application ex parte by a member of the Garda Síochána that a person is in possession or control of funds that are being used or may be intended for use in committing, or facilitating the commission of, an offence under section 6 or 13 , the High Court may make an order prohibiting the person, any other specified person or any other person having notice of the order from— (a) disposing of or otherwise dealing with all or, where appropriate, a specified part of the funds during such period, not exceeding 40 days, as may be specified by the Court, or (b) diminishing the value of the funds during that period.

Interlocutory order.

15.—(1) If, on application by a member of the Garda Síochána, it appears to the High Court on evidence tendered by the applicant that a person is in possession or control of funds that were being used or may be intended for use in committing or facilitating the commission of an offence under section 6 or 13 , the Court shall, subject to subsection (2) of this section, make an order prohibiting the respondent, any other specified person or any other person having notice of the order from— (a) disposing of or otherwise dealing with all or, where appropriate, a specified part of the funds, or (b) diminishing the value of the funds, unless the Court is satisfied, on evidence tendered by the respondent or any other person, that the funds are not being used or intended for use in committing or facilitating the commission of an offence under section 6 or 13 .

Disposal order.

16.—(1) Subject to subsection (2), where an interlocutory order has been in force for not less than 7 years in relation to funds, the High Court may, on application by a member of the Garda Síochána, make an order directing that all or, if appropriate, a specified part of the funds be transferred, subject to such terms and conditions as the Court may specify, to the Minister for Finance or such other person as the Court may determine.

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

17.—(1) At any time while an interim or interlocutory order is in force, the High Court may, on application by a member of the Garda Síochána, make such orders as it considers necessary or expedient to enable the interim order or interlocutory order to have full effect.

Evidence and proceedings relating to interim and other orders.

18.—(1) A statement made by a member of the Garda Síochána— (a) in proceedings under section 14 , on affidavit or, if the High Court so directs, in oral evidence, or (b) in proceedings under section 15 , in oral evidence, that he or she believes that the respondent is in possession or control of funds that are being used, or may be intended for use, in committing or facilitating the commission of an offence under section 6 or 13 is evidence of the matter if the Court is satisfied that there are reasonable grounds for that belief.

Compensation.

19.—(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 an interlocutory order in relation to the matter is not made or, if made, is discharged (otherwise than pursuant to section 14

Application of certain provisions of Act of 1996.

20.—For the purposes of this Part, sections 6, 7 and 9 to 15 of the Act of 1996 apply with the following modifications and any other necessary modifications as if an interim order, an interlocutory or a disposal order made under this Part, or an application for such an 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 shall be construed as referring to the member of the Garda Síochána who applied to the High Court for the interim order, interlocutory order or disposal order; (b) a reference in any of the applicable provisions of the Act of 1996 to respondent shall be construed as defined in section 12 of this Act; (c) a reference in any of the applicable provisions of the Act of 1996 to property shall be construed as referring to funds.

Amendment of section 3 of Act of 1994.

21.—Section 3 of the Act of 1994 is amended as follows: (a) in subsection (1) by inserting the following: “ ‘Act of 2005’ means the Criminal Justice (Terrorist Offences) Act 2005;”; (b) in subsection (1) by substituting the following for the definition of “confiscation order”; “ ‘confiscation order’ means an order made under section 4(4), 8A(5) or 9(1) of this Act;”; (c) in subsection (1) by substituting the following for the definition of “defendant”: “ ‘defendant’ means, for the purposes of any provision of this Act relating to confiscation, and subject to section 23(2)(a) of this Act, a person against whom proceedings for the relevant drug trafficking offence, offence of financing terrorism or other offence have been instituted;”; (d) in subsection (1) by inserting the following definitions: “ ‘funds’ has the meaning given by section 12 of the Act of 2005;”; “ ‘funds subject to confiscation’ has the meaning given by section 8A(2) of this Act;”; “ ‘offence of financing terrorism’ means an offence under section 13 of the Act of 2005;”; “ ‘proceeds’, in relation to an offence of financing terrorism, means any funds derived from or obtained, directly or indirectly, through the commission of that offence, including payments and rewards;”; (e) in subsection (1) by substituting the following for the definition of “property”: “ ‘property’ includes money and all other property, real or personal, heritable or moveable, including choses-in-action and other intangible or incorporeal property and, in relation to an offence of financing terrorism, includes funds;”; (f) in subsection (1) by inserting the following definition: “ ‘value of funds subject to confiscation’ has the meaning given by section 8B(1) of this Act;”; (g) by inserting the following after subsection (9): “(9A) For the purposes of the provisions of this Act relating to an offence of financing terrorism, a gift (including a gift made before the commencement of section 8A of this Act) is caught by this Act if— (a) it was made by the defendant at any time since the beginning of a period of 6 years ending when proceedings in respect of that offence were instituted against the defendant, or (b) it was made by the defendant at any time and was a gift of property— (i) which was received by the defendant in connection with an offence of financing terrorism committed by the defendant or another person, or (ii) which in whole or in part directly or indirectly represented in the defendant's hands funds received by the defendant in connection with an offence of financing terrorism.”;

(h) in subsection (16)(g) by substituting “an application under section 7, 8D or 13 of this Act” for “an application under section 7 or 13 of this Act”; (i) in subsection (16)(h) by substituting “an application under section 8, 8E or 18 of this Act” for “an application under section 8 or 18 of this Act”.

Amendment of Part II of Act of 1994 — new sections 8A to 8E.

22.—Part II of the Act of 1994 is amended by inserting the following after section 8: “Confiscation orders relating to offence of financing terrorism.

8A.—(1) Where a person has been sentenced or otherwise dealt with by a court in respect of one or more offences of financing terrorism of which that person has been convicted, the Director of Public Prosecutions may make, or cause to be made, an application to the court to determine whether the convicted person holds funds subject to confiscation.

Assessing the value of funds subject to confiscation.

8B.—(1) For the purposes of this Act, the value of the funds that are subject to confiscation is the aggregate of the values of those funds held by the defendant.

Amount to be recovered under a confiscation order made under section 8A.

8C.—(1) Subject to subsection (2) of this section, where a confiscation order has been made under section 8A of this Act, the amount to be recovered under the order shall be equal to the amount assessed by the court to be the value of the defendant's funds subject to confiscation.

Re-assessment of whether defendant holds funds subject to confiscation.

8D.—(1) This section applies where an application has previously been made to the court under section 8A of this Act and the court has determined that the defendant did not hold funds subject to confiscation.

Revised assessment of funds subject to confiscation.

8E.—(1) This section applies where a court has made a determination (referred to in this section as ‘the current determination’) under section 8A(5) of this Act of the amount to be recovered in a particular case by virtue of that section.

Amendment of section 9 of Act of 1994.

23.—Section 9 of the Act of 1994 is amended as follows: (a) in subsection (1) by substituting “, other than a drug trafficking offence or an offence of financing terrorism,” for “, other than a drug trafficking offence,”, (b) in subsection (2) by substituting “(not being a drug trafficking offence or an offence of financing terrorism)” for “(not being a drug trafficking offence)”, and (c) in subsection (4) by substituting “, other than a drug trafficking offence or an offence of financing terrorism,” for “other than a drug trafficking offence”.

Amendment of section 10 of Act of 1994.

24.—Section 10 of the Act of 1994 is amended as follows: (a) by substituting the following for subsection (1) (amended by section 27 of the Criminal Justice Act 1999 ): “(1) Where a defendant accepts to any extent an allegation in a statement that— (a) is tendered by or on behalf of the Director of Public Prosecutions to a court that is engaged in a determination under section 4 of this Act as to whether a person has benefited from drug trafficking or as to any amount to be recovered by virtue of that section or to a court that is considering an application under section 7, 8, 8A, 8D, 8E or 9 of this Act, and (b) concerns any matter relevant— (i) to the determination of whether the defendant— (I) in the case of a conviction for a drug trafficking offence, has benefited from drug trafficking, (II) in the case of a conviction for an offence of financing terrorism, holds funds subject to confiscation, or (III) in the case of a conviction for an offence other than a drug trafficking offence or an offence of financing terrorism, has benefited as mentioned in section 9(4) of this Act, or (ii) to the assessment of the value of the defendant's proceeds of drug trafficking, the value of the funds subject to confiscation or the value of the defendant's benefits as mentioned in section 9(4) of this Act, as the case may be, the court may, for the purposes of that determination or assessment, treat the defendant's acceptance as conclusive of the matters to which it relates.”; (b) by substituting the following for subsection (4): “(4) A defendant who fails in any respect to comply with a requirement under subsection (3) of this section may be treated for the purposes of this section as accepting every allegation in the statement other than— (a) any allegation in respect of which the defendant has complied with the requirement, and (b) any allegation that— (i) in the case of a conviction for one or more drug trafficking offences, the defendant has benefited from drug trafficking or that any payment or reward was received by the defendant in connection with drug trafficking carried on by the defendant or another person, (ii) in the case of a conviction for one or more offences of financing terrorism, the defendant holds funds subject to confiscation, or (iii) in the case of a conviction for one or more offences, other than a drug trafficking offence or an offence of financing terrorism, the defendant benefited from the offence or property was obtained from the defendant as a result of or in connection with the commission of an offence.”;

(c) by substituting the following for subsection (8): “(8) No acceptance by the defendant under this section of an allegation that— (a) any payment or other reward was received by the defendant in connection with drug trafficking carried on by the defendant or another person, (b) the defendant holds funds subject to confiscation, or (c) the defendant has benefited from an offence other than a drug trafficking offence or an offence of financing terrorism, shall be admissible in evidence in any proceedings for an offence.”.

Amendment of section 11 of Act of 1994.

25.—Section 11(1) of the Act of 1994 (inserted by section 28 of the Criminal Justice Act 1999 ) is amended by substituting the following for paragraph (b): “(b) an application has been made to a court under section 7, 8, 8A, 8D, 8E or 9 of this Act.”.

Amendment of section 12 of Act of 1994.

26.—Section 12 of the Act of 1994 is amended as follows: (a) in subsection (1) by substituting “(but not when considering whether to make such an order under section 4 or 8A of this Act)” for “(but not when considering whether to make an order under section 4 of this Act)”; (b) in subsection (4) by substituting the following paragraphs for paragraph (b): “(b) (in the case of a conviction for one or more offences of financing terrorism) the value of the defendant's funds subject to confiscation, or (c) (in the case of a conviction for an offence or offences other than a drug trafficking offence or an offence of financing terrorism) the value of the defendant's benefit from the offence or offences in respect of which the order may be made.”.

Amendment of section 13 of Act of 1994.

27.—Section 13 of the Act of 1994 is amended as follows: (a) by substituting the following for subsection (2): “(2) The High Court may exercise the powers of a court under section 4, 8A or 9 of this Act to make a confiscation order against the defendant in the case of a conviction for a drug trafficking offence, an offence of financing terrorism or an offence other than a drug trafficking offence or an offence of financing terrorism if— (a) the Director of Public Prosecutions asks the High Court to proceed under this section, and (b) the High Court is satisfied that the defendant has died or absconded.”; (b) by substituting the following for subsection (4): “(4) The High Court may exercise the powers of a court under section 4, 8A or 9 of this Act to make a confiscation order against the defendant if— (a) the relevant proceedings have been instituted in respect of a drug trafficking offence, an offence of financing terrorism or an offence other than a drug trafficking offence or an offence of financing terrorism, (b) the Director of Public Prosecutions asks the High Court to proceed under this section, and (c) the High Court is satisfied that the defendant has absconded.”; (c) in subsection (6) by substituting the following for paragraph (a): “(a) sections 5(2), 8B(2), 10(3) and 10(4) of this Act shall not apply,”.

Amendment of section 17 of Act of 1994.

28.—Section 17 of the Act of 1994 is amended as follows: (a) in subsection (2) by substituting the following for paragraph (a): “(a) the value of the defendant's— (i) proceeds of drug trafficking, (ii) funds subject to confiscation, or (iii) benefit as mentioned in section 9(4) of this Act, as the case may be, in the period by reference to which the determination in question was made (‘the original value’), or”; (b) in subsection (2) by substituting the following for subparagraph (i): “(i) may make a fresh determination of the value of the defendant's— (I) proceeds under section 4 of this Act, in the case of a drug trafficking offence, (II) funds subject to confiscation under section 8A of this Act, in the case of an offence of financing terrorism, and (III) benefit under section 9 of this Act, in the case of an offence other than a drug trafficking offence or an offence of financing terrorism, and”; (c) by inserting the following after subsection (3): “(3A) For any determination under section 8A of this Act by virtue of this section, section 8B(5) shall not apply in relation to any of the defendant's funds subject to confiscation that were taken into account in determining the original value.”.

Amendment of section 18 of Act of 1994.

29.—Section 18 of the Act of 1994 is amended by substituting the following for subsection (1): “(1) This section shall have effect where the amount which a person is ordered to pay by a confiscation order is less than the amount assessed to be the value of the person's— (a) proceeds of drug trafficking, in the case of a drug trafficking offence, (b) funds subject to confiscation, in the case of an offence of financing terrorism, or (c) benefit obtained from an offence other than a drug trafficking offence or an offence of financing terrorism.”.

Amendment of section 23 of Act of 1994.

30.—Section 23 of the Act of 1994 is amended as follows: (a) by substituting the following for subsection (1): “(1) The powers conferred on the High Court by section 24 of this Act shall be exercisable— (a) where— (i) proceedings have been instituted in the State against the defendant for a drug trafficking offence, an offence of financing terrorism or an indictable offence (other than a drug trafficking offence or an offence of financing terrorism) or an application has been made in respect of the defendant under section 7, 8, 8D, 8E, 13 or 18 of this Act, (ii) the proceedings or application have not been concluded, and (iii) either a confiscation order has been made or it appears to the Court that there are reasonable grounds for thinking that a confiscation order may be made in the proceedings or that, in the case of an application under section 7, 8, 8D, 8E, 13 or 18 of this Act, the Court will be satisfied as mentioned in section 7(3), 8(4), 8D(3), 8E(4), 13(2), 13(4) or 18(2) of this Act, or (b) where— (i) the Court is satisfied that proceedings are to be instituted against a person for a drug trafficking offence, an offence of financing terrorism or an offence in respect of which a confiscation order might be made under section 9 of this Act or that an application of a kind mentioned in paragraph (a)(i) of this subsection is to be made in respect of a person, and (ii) it appears to the Court that a confiscation order may be made in connection with the offence or that a court will be satisfied as mentioned in paragraph (a)(iii) of this subsection.”; (b) in subsection (2) by substituting the following for paragraph (b): “(b) references in this Act to realisable property shall be construed as if, immediately before that time, proceedings had been instituted against the person referred to in subsection (1)(b)(i) of this section for a drug trafficking offence, an offence of financing terrorism or an offence in respect of which a confiscation order might be made under section 9 of this Act.”.

Amendment of section 28 of Act of 1994.

31.—Section 28(3)(a) of the Act of 1994 is amended by substituting the following for subparagraph (ii): “(ii) an application has been made in respect of the defendant under section 7, 8, 8D, 8E, 13 or 18 of this Act and has not been concluded, or”.

Amendment of section 32 of Act of 1994.

32.—Section 32 of the Act of 1994 is amended as follows: (a) by substituting the following for subsection (9A) (inserted by section 14 of the Criminal Justice (Miscellaneous Provisions) Act 1997 ): “(9A) A designated body shall, in relation to the carrying on of its business, adopt measures to prevent and detect the commission of the following offences: (a) an offence under section 31 of this Act; (b) an offence of financing terrorism.”; (b) in subsection (9B) (inserted by section 14 of the Criminal Justice (Miscellaneous Provisions) Act 1997 ) by substituting the following for paragraph (c): “(c) the training of directors, other officers and employees for the purpose of enabling them to identify transactions which may relate to the commission of an offence under section 31 of this Act or an offence of financing terrorism, and the giving of instructions to them on how a director, other officer or employee should proceed once he or she has identified such a transaction.”.

Amendment of section 46 of Act of 1994.

33.—Section 46 of the Act of 1994 is amended— (a) in subsection (1) by inserting the following after paragraph (a): “(aa) of recovering funds corresponding to funds subject to confiscation under this Act, or”, and (b) in subsection (5) by substituting “section 4, 8A or 9 of this Act” for “section 4 or 9 of this Act”.

Amendment of section 47 of Act of 1994.

34.—Section 47(5) of the Act of 1994 is amended by inserting the following after paragraph (b): “(bb) an offence of financing terrorism, or”.

Amendment of section 55 of Act of 1994.

35.—Section 55 of the Act of 1994 is amended by substituting the following for subsection (2): “(2) Section 63 of this Act shall have effect as if— (a) references in that section to drug trafficking included any conduct which is an offence under the law of a country or territory outside the State and would constitute drug trafficking had the conduct occurred in the State, (b) references in that section to an offence of financing terrorism included any conduct which is an offence under the law of a country or territory outside the State and would constitute an offence of financing terrorism had the conduct occurred in the State or in the circumstances referred to in section 13

Amendment of section 57 of Act of 1994.

36.—Section 57 of the Act of 1994 is amended as follows: (a) by substituting the following for subsection (1): “(1) Any person or body to whom section 32 of this Act applies (including a director, officer or employee of that person or body) and who suspects that— (a) an offence of financing terrorism, or (b) an offence under section 31 or 32 of this Act, in relation to the business of that person or body has been or is being committed shall report that suspicion to the Garda Síochána and to the Revenue Commissioners.”; (b) by substituting the following for subsection (2): “(2) A person who— (a) is charged by law with the supervision of a person or body to whom section 32 of this Act applies, and (b) suspects that an offence of financing terrorism or an offence under section 31 or 32 of this Act has been or is being committed by that person or body, shall report that suspicion to the Garda Síochána and to the Revenue Commissioners.”; (c) in subsection (7)(b) by substituting “in the investigation or prosecution of a drug trafficking offence, an offence of financing terrorism or an offence in respect of which a confiscation order might be made under section 9 of this Act” for “in the investigation or prosecution of a drug trafficking offence or an offence in respect of which a confiscation order might be made under section 9 of this Act”.

Amendment of section 58 of Act of 1994.

37.—Section 58 of the Act of 1994 is amended as follows: (a) in subsection (1) by substituting “an investigation into drug trafficking, into whether a person holds funds subject to confiscation or into whether a person has benefited from an offence in respect of which a confiscation order might be made” for “an investigation into drug trafficking or into whether a person has benefited from an offence in respect of which a confiscation order might be made”, and (b) in subsection (2) by substituting “makes any disclosure which is likely to prejudice an investigation arising from a report into whether an offence of financing terrorism or an offence under section 31 or 32 of this Act has been committed shall be guilty of an offence” for “makes any disclosure which is likely to prejudice an investigation arising from a report into whether an offence under section 31 or 32 of this Act has been committed shall be guilty of an offence”.

Amendment of section 61 of Act of 1994.

38.—Section 61(1A) of the Act of 1994 (inserted by section 17 of the Offences against the State (Amendment) Act 1998 ) is amended in paragraph (a) by substituting “, section 27A of the Firearms Act 1964 or section 6 of the Act of 2005” for “or section 27A of the Firearms Act, 1964 ”.

Amendment of section 63 of Act of 1994.

39.—Section 63 of the Act of 1994 is amended as follows: (a) by substituting the following for subsection (1): “(1) A member of the Garda Síochána may apply to a judge of the District Court for an order under subsection (2) of this section in relation to any particular material, or material of a particular description, for the purpose of an investigation into any of the following matters: (a) drug trafficking; (b) the commission of an offence of financing terrorism; (c) the commission of an offence under section 31 of this Act; (d) whether a person has benefited from drug trafficking; (e) whether a person holds funds subject to confiscation; (f) whether a person has benefited from an offence in respect of which a confiscation order might be made under section 9 of this Act.”; (b) in subsection (4) by substituting the following for paragraph (a): “(a) that there are reasonable grounds for suspecting that a specified person— (i) has carried on drug trafficking, (ii) has committed an offence of financing terrorism, (iii) has committed an offence under section 31 of this Act, (iv) has benefited from drug trafficking, (v) holds funds subject to confiscation, or (vi) has benefited from an offence in respect of which a confiscation order might be made under section 9 of this Act,”.

Amendment of section 64 of Act of 1994.

40.—Section 64 of the Act of 1994 is amended as follows: (a) by substituting the following for subsection (1): “(1) A member of the Garda Síochána may apply to a judge of the District Court for a warrant under this section in relation to specified premises for the purposes of an investigation into any of the following matters: (a) drug trafficking; (b) the commission of an offence of financing terrorism; (c) the commission of an offence under section 31 of this Act; (d) whether a person has benefited from drug trafficking; (e) whether a person holds funds subject to confiscation; (f) whether a person has benefited from an offence in respect of which a confiscation order might be made under section 9 of this Act.”; (b) in subsection (3) by substituting the following for paragraph (a): “(a) that there are reasonable grounds for suspecting that a specified person— (i) has carried on drug trafficking, (ii) has committed an offence of financing terrorism, (iii) has committed an offence under section 31 of this Act, (iv) has benefited from drug trafficking, (v) holds funds subject to confiscation, or (vi) has benefited from an offence in respect of which a confiscation order might be made under section 9 of this Act, and”; (c) in subsection (4) by substituting the following for paragraphs (a) and (b): “(a) that there are reasonable grounds for suspecting that a specified person— (i) has carried on drug trafficking, (ii) has committed an offence of financing terrorism, (iii) has committed an offence under section 31 of this Act, (iv) has benefited from drug trafficking, (v) holds funds subject to confiscation, or (vi) has benefited from an offence in respect of which a confiscation order might be made under section 9 of this Act, and (b) that there are reasonable grounds for suspecting that there is on the premises material that— (i) relates to the specified person or to— (I) drug trafficking, (II) an offence of financing terrorism, (III) an offence under section 31 of this Act, or (IV) an offence in respect of which a confiscation order might be made under section 9 of this Act, and (ii) is likely to be of substantial value (whether by itself or together with other material) to the investigation for the purpose of which the application is made, and (iii) cannot be particularised at the time of the application, and”.

Amendment of section 65 of Act of 1994.

41.—Section 65(1) of the Act of 1994 is amended by substituting “If proceedings are instituted against a person for a drug trafficking offence, an offence of financing terrorism, an offence in respect of which a compensation order might be made under section 9 of this Act, or for more than one of any of those offences,” for “If proceedings are instituted against a person for a drug trafficking offence or offences or for an offence or offences in respect of which a confiscation order might be made under section 9 of this Act”.

Power to make regulations.

42.—(1) This section applies to acts— (a) that are adopted by the institutions of the European Communities before or after the commencement of this section in accordance with the treaties of those Communities, and (b) that, in the opinion of the Minister for Finance, are for the purpose of, or will contribute to, combating terrorism through the adoption of specific restrictive measures, directed at persons, groups or entities, for the identification, detection, freezing or seizure of their assets of any kind.

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

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.

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.

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.

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.

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).

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.

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.

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.

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.

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.

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.

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.

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).

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;”.

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

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

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.”.

PART 7

Communications Data Interpretation of this Part.

61.—(1) In this Part— “Act of 1993” means the Interception of Postal Packets and Telecommunications Messages (Regulation) Act 1993 ; “aggregated data” means data that cannot be related to individual subscribers or users; “data” means communications data; “data retention request” means a request made under section 63 for the retention of traffic data or location data or both; “designated judge” means the person designated under section 8 of the Act of 1993; “Directive” means Directive 2002/58/EC of the European Parliament and of the Council of 12 July 2002 concerning the processing of personal data and protection of privacy in the electronic communications sector; “disclosure request” means a request under section 64 for the disclosure of traffic data or location data retained in accordance with section 63

Application of this Part.

62.—This Part applies to data relating to communications transmitted by means of a fixed line or mobile telephone, but it does not apply to the content of such communications.

Retention of traffic and location data relating to communications by phone.

63.—(1) Subject to subsections (2) and (4), the Garda Commissioner may request a service provider to retain, for a period of 3 years, traffic data or location data or both for the purposes of— (a) the prevention, detection, investigation or prosecution of crime (including but not limited to terrorist offences), or (b) the safeguarding of the security of the State.

Access to data retained for law enforcement and security purposes.

64.—(1) Subject to subsection (7), a service provider shall not access data retained in accordance with section 63