Criminal Justice Act, 1964

Death penalty restricted.

1.—(1) A person shall not be liable to suffer death for any offence other than—

(a) treason under the Treason Act, 1939 ;

(b) capital murder, namely—

(i) murder of a member of the Garda Síochána acting in the course of his duty, or

(ii) murder of a prison officer acting in the course of his duty, or

(iii) murder done in the course or furtherance of an offence under section 6 , 7 , 8 or 9 of the Offences Against the State Act, 1939 , or in the course or furtherance of the activities of an unlawful organisation within the meaning of section 18 (other than paragraph (f)) of that Act, or

(iv) murder, committed within the State for a political motive, of the head of a foreign State or of a member of the government of, or a diplomatic officer of, a foreign State;

(c) an offence by a person subject to military law under section 124 , 125 , 127 or 128 of the Defence Act, 1954 .

(2) In this section—

“diplomatic officer” means an ambassador extraordinary and plenipotentiary, envoy extraordinary and minister plenipotentiary, chargé d'affaires, counsellor or secretary of embassy or legation, or attaché;

“prison” means any institution for which rules may be made under the Prisons Acts, 1826 to 1956, any prison, internment camp or place of detention for which regulations may be made under section 7 of the Offences Against the State (Amendment) Act, 1940 , any military prison or detention barrack for which rules may be made under section 233 of the Defence Act, 1954 , and any internment camp for which regulations may be made under section 2 of the Prisoners of War and Enemy Aliens Act, 1956 ;

“prison officer” includes any member of the staff of a prison or of St. Patrick's Institution and any person having the custody of, or having duties in relation to the custody of, persons detained in any such place;

“St. Patrick's Institution” means the institution referred to by that name in the Criminal Justice Act, 1960 .