Criminal Justice (Smuggling of Persons) Act 2021
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Assisting unlawful entry into, transit across or presence in designated state | ||
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7. (1) A person is guilty of an offence if he or she intentionally assists the entry into, transit across or presence in a designated state of another person, where— | ||
(a) such entry into, transit across or presence in the designated state is in breach of an immigration law in the designated state, and | ||
(b) the first-mentioned person knows or has reasonable cause to believe that such entry into, transit across or presence in the designated state is in breach of an immigration law in the designated state. | ||
(2) Subject to subsection (4), a person who, in a place outside the State, engages in conduct that would, if the conduct occurred in the State, constitute an offence under subsection (1), is guilty of an offence. | ||
(3) Subject to subsection (4), a person who, in a place outside the State, aids, abets, counsels, procures or attempts the commission of an offence under subsection (1) or subsection (2) is guilty of an offence. | ||
(4) Subsections (2) and (3) apply to conduct engaged in outside the State, where the conduct— | ||
(a) occurs on board an Irish ship, | ||
(b) occurs on an aircraft registered in the State, | ||
(c) is engaged in by a person who is an Irish citizen or a person ordinarily resident in the State, | ||
(d) is engaged in for the benefit of a company or any other body established under the law of the State, | ||
(e) occurs on board a ship registered in a Protocol state, | ||
(f) occurs on board a ship not registered in any country or territory, or | ||
(g) constitutes an offence for which the person would be liable to extradition or surrender and— | ||
(i) a request for a person’s surrender for the purpose of trying him or her for an offence in respect of the conduct concerned has been made by a state in relation to which Part II of the Extradition Act 1965 applies, and that request has been finally refused (whether as a result of a decision of a court or otherwise), or | ||
(ii) a relevant arrest warrant has been received from an issuing state for the purpose of bringing proceedings against the person for an offence in respect of the conduct concerned, and a final determination has been made that the relevant 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. | ||
(5) For the purposes of this section and section 8 a person shall be deemed to be ordinarily resident in the State if the person had his or her principal residence in the State for the period of 12 months immediately preceding the alleged commission of the offence. | ||
(6) In this section and section 8 , “relevant arrest warrant” and “issuing state” have the same meanings as they have in the European Arrest Warrant Act 2003 (as amended by the European Union (European Arrest Warrant Act 2003) (Amendment) Regulations 2021 ( S.I. No. 150 of 2021 )). |