Criminal Law (Extraterritorial Jurisdiction) Act 2019

Conduct engaged in outside State

3. (1) Where a person engages in conduct in a place outside the State that would, if it occurred in the State, constitute a relevant offence and the conduct occurs—

(a) on board an Irish ship, or

(b) on an aircraft registered in the State,

the person 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 relevant offence concerned.

(2) Where a person aids, abets, counsels or procures another person to engage in conduct—

(a) on board an Irish ship,

(b) on an aircraft registered in the State, or

(c) in a Convention state,

that would, if it occurred in the State, constitute a relevant offence, and such aiding, abetting, counselling or procuring occurs—

(i) in the State,

(ii) on board an Irish ship, or

(iii) on an aircraft registered in the State,

the first-mentioned person 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 relevant offence concerned.

(3) Where a person who is an Irish citizen or who is ordinarily resident in the State engages in conduct in a Convention state that—

(a) constitutes an offence in the Convention state, and

(b) would, if it occurred in the State, constitute a relevant offence,

the person 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 relevant offence concerned.

(4) Where a person who is an Irish citizen or who is ordinarily resident in the State aids, abets, counsels or procures another person to engage in conduct in a Convention state that would, if it occurred in the State, constitute a relevant offence, and such aiding, abetting, counselling or procuring—

(a) occurs in a Convention state, and

(b) constitutes an offence in the Convention state where it occurs,

the first-mentioned person 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 relevant offence concerned.

(5) Where a person, other than an Irish citizen, who is ordinarily resident in the State engages in conduct in a place outside the State that would, if the conduct occurred in the State, constitute murder or manslaughter, he or she shall be guilty of an offence and shall be liable to be proceeded against and punished as if he or she were guilty of murder or manslaughter, as the case may be.

(6) Where a person aids, abets, counsels or procures another person to engage in conduct in a place outside the State that would, if it occurred in the State, constitute murder or manslaughter, and such aiding, abetting, counselling or procuring occurs—

(a) in the State,

(b) on board an Irish ship,

(c) on an aircraft registered in the State, or

(d) in a place other than a place specified in paragraphs (a) to (c) and the first-mentioned person is—

(i) an Irish citizen, or

(ii) ordinarily resident in the State,

the first-mentioned person shall be guilty of an offence and shall be liable to be proceeded against and punished as if he or she were guilty of murder or manslaughter, as the case may be.

(7) Proceedings for an offence under this 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.

(8) In any proceedings for an offence under this section—

(a) a certificate that is signed by an officer of the Minister for Foreign Affairs and Trade and stating that a passport was issued by that Minister of the Government to a person on a specified date, and

(b) a certificate that is signed by an officer of the Minister and stating that, to the best of the officer’s knowledge and belief, the person has not ceased to be an Irish citizen,

shall be evidence that the person was an Irish citizen on the date on which the offence concerned is alleged to have been committed, unless the contrary is shown.

(9) A document purporting to be a certificate referred to in paragraph (a) or (b) of subsection (8) is deemed, unless the contrary is shown—

(a) to be such a certificate, and

(b) to have been signed by the person purporting to have signed it.

(10) For the purposes of this section, a person shall be deemed to be ordinarily resident in the State if he or she had his or her principal residence in the State for the period of 12 months immediately preceding the alleged commission of the offence.

(11) Where a person has been acquitted of an offence in a place other than the State, he or she shall not be proceeded against for an offence under this section consisting of the alleged act or acts constituting the first-mentioned offence.

(12) Where a person has been convicted of an offence in a place other than the State, he or she shall not be proceeded against for an offence under this section consisting of the act or acts constituting the first-mentioned offence.