Radiological Protection Act, 1991
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Proceedings by virtue of section 38 of this Act. |
39.—(1) Proceedings for an offence under section 38 of this Act which is an offence by virtue of subsection (2) or (3) of the said section 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. | |
(2) Where a person is charged with an offence under section 38 (1) of this Act, no further proceedings (other than a remand in custody or bail) shall be taken except by or with the consent of the Director of Public Prosecutions. | ||
(3) The Director of Public Prosecutions shall not take, or consent to the taking of, further proceedings such as are mentioned in subsection (2) of this section in respect of an offence involving an act referred to in section 38 (1) of this Act unless it appears to him that— | ||
(a) a convention country in relation to which Part II of the Extradition Act, 1965 , applies has made a request under that Part for the surrender of the person concerned for the purpose of trying him for an offence in respect of the act in question and the request has been finally refused (whether as the result of a decision of a court or otherwise), or | ||
(b) a warrant has been issued by a judicial authority in a place in relation to which Part III of the Extradition Act, 1965 , applies for the arrest of the person concerned for the purpose of trying him for an offence in respect of the act in question and it has been finally determined (whether as a result of a decision of a court or otherwise) that the warrant should not be endorsed for execution in the State under that Part or that the person concerned should not be delivered up in accordance with the warrant, or | ||
(c) because of special circumstances (which may include the likelihood of a refusal such as is mentioned in paragraph (a) of this subsection or of a determination such as is mentioned in paragraph (b) of this subsection) it is expedient that proceedings should be taken against the person concerned for an offence under the law of the State in respect of the act in question. | ||
(4) No proceedings shall be taken under section 38 of the Extradition Act, 1965 , in respect of an act that constitutes an offence by virtue of that section and also an offence referred to in subsection (1) of this section. | ||
(5) Subsection (3) of this section shall not apply to proceedings against an Irish citizen or to proceedings in respect of an offence alleged to have been committed in the State. |