Criminal Justice (Amendment) Act 2009

Amendment of sections 7 and 8 of Act of 1997.

19.— (1) Section 7 of the Act of 1997 is amended by inserting the following subsection after subsection (1):

“(1A) Any person who, outside the State, aids, abets, counsels or procures the commission of an indictable offence in the State shall be liable to be indicted, tried and punished as a principal offender if—

(a) the person does so on board an Irish ship,

(b) the person does so on an aircraft registered in the State,

(c) the person is an Irish citizen, or

(d) the person is ordinarily resident in the State.”.

(2) Section 7 of the Act of 1997 is further amended—

(a) in subsection (2), by inserting “, whether in or outside the State,” after “any act”,

(b) by inserting the following subsection after subsection (2):

“(2A) A person shall be guilty of an offence under subsection (2) for doing an act outside the State only if—

(a) the person does so on board an Irish ship,

(b) the person does so on an aircraft registered in the State,

(c) the person is an Irish citizen, or

(d) the person is ordinarily resident in the State.”,

and

(c) by inserting the following subsections after subsection (7):

“(8) A person who has his or her principal residence in the State for the 12 months immediately preceding the commission of an offence referred to in subsection (1A) or an offence under subsection (2) is, for the purposes of subsection (1A)(d) or (in the case of an offence under subsection (2)) subsection (2A)(d), taken to be ordinarily resident in the State on the date of the commission of the offence.

(9) In this section ‘ Irish ship’ has the meaning it has in section 9 of the Mercantile Marine Act 1955 .”.

(3) Section 8 of the Act of 1997 is amended, in subsection (1), by substituting “accepts (or agrees to accept), whether in or outside the State, for not disclosing that information any consideration” for“accepts or agrees to accept for not disclosing that information any consideration”.

(4) Section 8 of the Act of 1997 is further amended—

(a) by inserting the following after subsection (1):

“(1A) A person shall be guilty of an offence under subsection (1) for conduct that the person engages in outside the State only if—

(a) the conduct takes place on board an Irish ship,

(b) the conduct takes place on an aircraft registered in the State,

(c) the person is an Irish citizen, or

(d) the person is ordinarily resident in the State.”,

and

(b) by inserting the following subsections after subsection (4):

“(5) A person who has his or her principal residence in the State for the 12 months immediately preceding the commission of an offence under subsection (1) is, for the purposes of subsection (1A)(d), ordinarily resident in the State on the date of the commission of the offence.

(6) In this section ‘ Irish ship’ has the same meaning as it has in section 7.”.