Sexual Offences (Jurisdiction) Act, 1996

Sexual Offences (Jurisdiction) Act, 1996 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 1996 Sexual Offences (Jurisdiction) Act, 1996 Sexual Offences (Jurisdiction) Act, 1996 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 38 of 1996 SEXUAL OFFENCES (JURISDICTION) ACT, 1996 ARRANGEMENT OF SECTIONS Section

Section 1

Interpretation.

Section 2

Sexual offences committed outside State.

Section 3

Offence to transport person for purposes of enabling offence to which section 2 (1) relates to be committed.

Section 4

Offence to publish information likely to promote etc. commission of offence to which section 2 (1) relates.

Section 5

Offences by bodies corporate.

Section 6

Penalties.

Section 7

Proceedings to which subsections (1), (2) and (6) of section 2 relate.

Section 8

Evidence as to a person's age.

Section 9

Double jeopardy.

Section 10

Power of search.

Section 11

Short title.

SCHEDULE Number 38 of 1996 SEXUAL OFFENCES (JURISDICTION) ACT, 1996 AN ACT TO EXTEND THE CRIMINAL LAW OF THE STATE TO SEXUAL ACTS INVOLVING CHILDREN DONE OUTSIDE THE STATE BY CITIZENS OF THE STATE OR BY PERSONS ORDINARILY RESIDENT IN THE STATE AND TO PROVIDE FOR RELATED MATTERS. [19th December, 1996] BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

Interpretation.

1.—(1) In this Act “a child” means a person under the age of 17 years.

Sexual offences committed outside State.

2.—(1) Where a person, being a citizen of the State or being ordinarily resident in the State, does an act, in a place other than the State (“the place”), against or involving a child which— (a) constitutes an offence under the law of the place, and (b) if done within the State, would constitute an offence under, or referred to in, an enactment specified in the Schedule to this Act, he or she shall be guilty of the second-mentioned offence.

Offence to transport person for purposes of enabling offence to which section 2

3.—(1) A person who, in the State, makes an arrangement to transport a person to a place in or outside the State or who authorises the making of such an arrangement for or on behalf of another person, knowingly for the purpose of enabling that person or any other person to commit an offence, which is an offence by virtue of section 2

Offence to publish information likely to promote etc. commission of offence to which section 2

4.—A person who publishes information which is intended to or, having regard to all the circumstances, is likely to promote, advocate or incite the commission of an offence, which is an offence by virtue of section 2

Offences by bodies corporate.

5.—Where an offence under this Act is committed by a body corporate and is proved to have been committed with the consent or connivance of or to be attributable to any neglect on the part of any person, being a director, manager, secretary or other similar officer of such body, or a person who was purporting to act in any such capacity, that person as well as the body corporate shall be guilty of an offence and shall be liable to be proceeded against and punished as if he or she were guilty of the first-mentioned offence.

Penalties.

6.—A person guilty of an offence under this Act (other than an offence under section 2 or 10 ) shall be liable— (a) on summary conviction, to a fine not exceeding £1,500 or to imprisonment for a term not exceeding 12 months or to both, or (b) on conviction on indictment, to a fine not exceeding £10,000 or to imprisonment for a term not exceeding 5 years or to both.

Proceedings to which subsections (1), (2) and (6) of section 2 relate.

7.—Proceedings for an offence which is an offence by virtue of subsection (1) of section 2 of this Act, or which is an offence under subsection (2) or (6) of section 2 of this Act, 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.

Evidence as to a person's age.

8.—In proceedings for an offence, which is an offence under or by virtue of section 2 or 3 of this Act, the court may have regard to a person's physical appearance or attributes for the purpose of determining whether that person is under the age of 17 years or was, at the time of the alleged commission of the offence to which the proceedings relate, under the age of 17 years.

Double jeopardy.

9.—Where a person has been acquitted or convicted, in a place other than the State, of an offence, that person shall not be proceeded against for an offence under this Act or an offence which is an offence by virtue of this Act, in respect of the act constituting the first-mentioned offence.

Power of search.

10.—(1) Where, on the application of a member of the Garda Síochána, a judge of the District Court is satisfied that there are reasonable grounds for believing that evidence of or relating to an offence under this Act is to be found on premises specified in the application, the judge may issue a warrant for the search of those premises.

Short title.

11.—This Act may be cited as the Sexual Offences (Jurisdiction) Act, 1996.

SCHEDULE

Section 2

.

1.

Section 1

of the Criminal Law Amendment Act, 1935 .

2.

Section 2

of the Criminal Law Amendment Act, 1935 .

3.

Section 2

of the Criminal Law (Rape) Act, 1981 .

4.

Section 2

of the Criminal Law (Rape) (Amendment) Act, 1990 .

5.

Section 3

of the Criminal Law (Rape) (Amendment) Act, 1990 .

6.

Section 4

of the Criminal Law (Rape) (Amendment) Act, 1990 .

7.

Section 3

of the Criminal Law (Sexual Offences) Act, 1993 .

8.

Section 4

of the Criminal Law (Sexual Offences) Act, 1993 .

9.

Section 5

of the Criminal Law (Sexual Offences) Act, 1993 .

Acts Referred to Criminal Law Amendment Act, 1935 1935, No. 6 Criminal Law (Rape) Act, 1981 1981, No. 10 Criminal Law (Rape) (Amendment) Act, 1990 1990, No. 32 Criminal Law (Sexual Offences) Act, 1993 1993, No. 20 Privacy Statement Accessibility European Legislation Identifier (PDF) Open Data License Ráiteas Príobháideachais Inrochtaineacht Aitheantóir Eorpach Reachtaíochta (ELI) Ceadúnas Sonraí Oscailte Liosta Fianán © Government of Ireland. Oireachtas Copyright Material is reproduced with the permission of the Houses of the Oireachtas © Rialtas na hÉireann. Atáirgtear ábhar faoi Chóipcheart le cead ó Thithe an Oireachtais