Historic and Archaeological Heritage and Miscellaneous Provisions Act 2023
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Chapter 2 Offences | ||
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Offences - general | ||
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175. (1) A person who contravenes any provision of this Act to which this subsection applies by virtue of subsection (2) shall be guilty of an offence and shall be liable— | ||
(a) on summary conviction, to a class A fine or imprisonment for a term not exceeding 12 months or both, or | ||
(b) on conviction on indictment, to a fine not exceeding €10,000,000 or imprisonment for a term not exceeding 5 years or both. | ||
(2) Subsection (1) applies to sections 27 (1), 30 , 116 (2), 128 (2), 129 (2), 136 (2) and 138 (2). | ||
(3) A person who contravenes any provision of this Act to which this subsection applies by virtue of subsection (4) shall be guilty of an offence and shall be liable— | ||
(a) on summary conviction, to a class A fine or imprisonment for a term not exceeding 6 months or both, or | ||
(b) on conviction on indictment, to a fine not exceeding €10,000 or imprisonment for a term not exceeding 3 years or both. | ||
(4) Subsection (3) applies to sections 43 (1), 82 (2), 99 (1) and (5)(b), 103 (1), 105 (6), 113 (1) and (2), 114 (1), 147 , 148 (1), 159 (4), 172 , 173 and 174 . | ||
(5) A person who contravenes any provision of this Act to which this subsection applies by virtue of subsection (6) shall be guilty of an offence and liable on summary conviction to a class A fine. | ||
(6) Subsection (5) applies to sections 13 (2)(b), (3)(a) and (4)(b), 101 (2)(b), (3)(a) and (4)(b), 114 (4)(b), 139 (1), (2) and (3), 142 (1) and (2), 148 (2) and (4) and 204 (2)(b), (3)(b) and (4)(b). | ||
(7) A person who, without reasonable excuse, contravenes any provision of this Act to which this subsection applies by virtue of subsection (8) shall be guilty of an offence and shall be liable on summary conviction to a class A fine. | ||
(8) Subsection (7) applies to sections 159 (2) and 217(2). | ||
(9) A person who, without reasonable excuse, contravenes any provision of this Act to which this subsection applies by virtue of subsection (10) shall be guilty of an offence and shall be liable on summary conviction to a class E fine in the case of a first offence and, in the case of a second or any subsequent offence, a class C fine. | ||
(10) Subsection (9) applies to sections 76 (2)(b) and (d), 83 (6)(b) and 85 (2)(b) and (d). | ||
(11) Subject to subsections (12) and (13), where there is a contravention by a person of section 27 (1) or 30 in such circumstances that it is reasonable to conclude that the person knew or suspected, or should have known or suspected, that the monument to which the contravention relates was a relevant thing of a relevant interest, that person shall be taken, for the purposes of a prosecution for an offence under subsection (1) for such contravention, to have so known or suspected. | ||
(12) Subject to subsection (13), subsection (11) shall not apply if, in the proceedings relating to the prosecution referred to in subsection (11), the court or jury, as the case may be, is satisfied, having regard to all the evidence, that there is reasonable doubt as to whether the person referred to in subsection (11) knew or suspected as referred to in subsection (11). | ||
(13) (a) Subsection (12) shall be disregarded where, before the occurrence of the contravention referred to in subsection (11) by a person, the monument to which the contravention relates was the subject of— | ||
(i) a Register action in respect of which specific notice was given to that person, or | ||
(ii) an enforcement notice given to that person. | ||
(b) Section 8 shall apply to the interpretation of paragraph (a)(i) as that section applies to the interpretation of Part 2 . | ||
(14) Subject to subsections (15) and (16), where there is a contravention by a person of section 136 (2) in such circumstances that it is reasonable to conclude that the person knew or suspected, or should have known or suspected, that the thing to which the contravention relates was a thing referred to in paragraph (a), (b) or (c) of section 136 (1), that person shall be taken, for the purposes of a prosecution for an offence under subsection (1) for such contravention, to have so known or suspected. | ||
(15) Subject to subsection (16), subsection (14) shall not apply if, in the proceedings relating to the prosecution referred to in subsection (14), the court or jury, as the case may be, is satisfied, having regard to all the evidence, that there is reasonable doubt as to whether the person referred to in subsection (14) knew or suspected as referred to in subsection (14). | ||
(16)(a) Subsection (15) shall be disregarded where, before the occurrence of the contravention referred to in subsection (14) by a person, the thing to which the contravention relates was the subject of— | ||
(i) a Register action in respect of which specific notice was given to that person, or | ||
(ii) an enforcement notice given to that person. | ||
(b) Section 8 shall apply to the interpretation of paragraph (a)(i) as that section applies to the interpretation of Part 2 . | ||
(17) Where in a prosecution for an offence under subsection (3) for a contravention of section 113 (1) or (2) possession of an archaeological object is proved, it shall be presumed, until the contrary is proved, that the object was found in the State— | ||
(a) in the case of a contravention of section 113 (1), on or after 21 November 1994, or | ||
(b) in the case of a contravention of section 113 (2), on or after 26 February 1930. | ||
(18) In proceedings relating to the prosecution of a contravention of this Act, it shall not be necessary for the prosecution to prove— | ||
(a) where the prosecution relates to a relevant thing of a relevant interest which was, at the time that the contravention occurred, a registered monument or prescribed monument, knowledge, at that time, on the part of the person being prosecuted, that such thing was such a monument, or | ||
(b) where the prosecution relates to an object which was, at the time that the contravention occurred, an archaeological object, knowledge, at that time, on the part of the person being prosecuted, that such object was an archaeological object. | ||
(19) In proceedings relating to the prosecution for a contravention of section 27 (1) or 30 , where works carried out at, on, in, under, to, or within the immediate surroundings of, the relevant thing of a relevant interest to which the prosecution relates is relevant to the contravention, it shall not be necessary for the prosecution to prove that the person being prosecuted proposed, as referred to in section 26 (1), to carry out such works in addition to proving that the person actually carried out such works. |