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Criminal Justice (Smuggling of Persons) Act 2021
Number 42 of 2021
CRIMINAL JUSTICE (SMUGGLING OF PERSONS) ACT 2021
REVISED
Updated to 12 June 2026
This Revised Act is an administrative consolidation of the Criminal Justice (Smuggling of Persons) Act 2021. It is prepared by the Law Reform Commission in accordance with its function under the Law Reform Commission Act 1975 (3/1975) to keep the law under review and to undertake revision and consolidation of statute law.
All Acts up to and including the International Co-operation (Omagh Bombing Inquiry) Act 2026 (12/2026), enacted 3 June 2026, and all statutory instruments up to and including the International Protection Act 2026 (Commencement) Order 2026 (S.I. No. 244 of 2026), made 10 June 2026, were considered in the preparation of this Revised Act.
Disclaimer: While every care has been taken in the preparation of this Revised Act, the Law Reform Commission can assume no responsibility for and give no guarantees, undertakings or warranties concerning the accuracy, completeness or up to date nature of the information provided and does not accept any liability whatsoever arising from any errors or omissions. Please notify any errors, omissions and comments by email to revisedacts@lawreform.ie.
Number 42 of 2021
CRIMINAL JUSTICE (SMUGGLING OF PERSONS) ACT 2021
REVISED
Updated to 12 June 2026
CONTENTS
Preliminary
Section
1. Short title and commencement
Smuggling of persons
6. Assisting unlawful entry into, transit across or presence in State
7. Assisting unlawful entry into, transit across or presence in designated state
9. Offences under Part 2: further provisions
Enforcement measures against smuggling of persons
12. Exercise of enforcement powers in respect of ships
13. Protocol state powers and Irish ships
14. Enforcement powers in respect of ships
16. Forfeiture of ship, aircraft or other vehicle
Miscellaneous matters
17. Proceedings related to offences committed outside State or on a ship
18. Evidence in proceedings under Act
20. Offences by bodies corporate, etc.
Amendments to other enactments
21. Amendment of Criminal Law Act 1976
22. Amendment of Schedule to Bail Act 1997
23. Amendment of Road Transport Act 2011
24. Amendment of Road Safety Authority (Commercial Vehicle Roadworthiness) Act 2012
25. Amendment of Schedule to Taxi Regulation Act 2013
26. Amendment of European Communities (Communication of Passenger Data) Regulations 2011
27. Amendment of Schedule to European Union (Passenger Name Record Data) Regulations 2018
Miscellaneous
Acts Referred to
Bail Act 1997 (No. 16)
Companies Act 2014 (No. 38)
Consumer Credit Act 1995 (No. 24)
Criminal Justice Act 1984 (No. 22)
Criminal Law Act 1976 (No. 32)
Criminal Law Act 1997 (No. 14)
Customs Act 2015 (No. 18)
European Arrest Warrant Act 2003 (No. 45)
European Communities Act 1972 (No. 27)
European Communities Act 2007 (No. 18)
Extradition Act 1965 (No. 17)
Firearms and Offensive Weapons Act 1990 (No. 12)
Illegal Immigrants (Trafficking) Act 2000 (No. 29)
Immigration Act 2004 (No. 1)
International Protection Act 2015 (No. 66)
Interpretation Act 2005 (No. 23)
Mercantile Marine Act 1955 (No. 29)
Road Safety Authority (Commercial Vehicle Roadworthiness) Act 2012 (No. 16)
Road Traffic (Amendment) Act 1984 (No. 16)
Road Traffic Act 1961 (No. 24)
Road Transport Act 2011 (No. 31)
Sea-Fisheries and Maritime Jurisdiction Act 2006 (No. 8)
Taxi Regulation Act 2013 (No. 37)
Number 42 of 2021
CRIMINAL JUSTICE (SMUGGLING OF PERSONS) ACT 2021
REVISED
Updated to 12 June 2026
An Act to prevent and combat the smuggling of persons and, for those purposes, to facilitate cooperation with other states; to give effect to Council Directive 2002/90/EC of 28 November 20021 defining the facilitation of unauthorised entry, transit and residence; to give effect to Council Framework Decision 2002/946/JHA of 28 November 20022 on the strengthening of the penal framework to prevent the facilitation of unauthorised entry, transit and residence; to give effect, in part, to the Protocol against the Smuggling of Migrants by Land, Sea and Air, supplementing the United Nations Convention against Transnational Organised Crime, done at New York on 15 November 2000; to repeal certain provisions of the Illegal Immigrants (Trafficking) Act 2000; to amend certain other enactments; and to provide for related matters.
[15th December, 2021]
Be it enacted by the Oireachtas as follows: