Part 1

Relevant offences which are not extended confiscation offences

1. F115[…]

2. An offence under section 5A(4) or 6 of the Child Trafficking and Pornography Act 1998 (No. 22 of 1998).

3. An offence under section 3A of the Criminal Law (Sexual Offences) Act 2006 (No. 15 of 2006) or an attempt to commit such an offence.

F116[4. An offence under—

(a) section 6 or 7 of the Criminal Law (Sexual Offences) Act 2017 (No. 2 of 2017), or

(b) section 8 of that Act in so far as such offence is covered by an instrument referred to in the Article 3 of the Directive.]

5. An offence under section 2 or 5 of the Criminal Justice (Offences Against Information Systems) Act 2017 (No. 11 of 2017).

6. An offence consisting of aiding, abetting, counselling, procuring or inciting the commission of an offence referred to in any of F117[paragraphs 2 to 5].

Part 2

Relevant offences which are extended confiscation offences

1. An offence under section 1 of the Prevention of Corruption Act 1906 (No. 34 of 1906).

2. An offence under section 21 or 21A of the Offences Against the State Act 1939 (No. 13 of 1939).

3. An offence under any of the following provisions of the Misuse of Drugs Act 1977 (No. 12 of 1977) F118[in so far as such offence is an offence referred to in Article 5 of the Directive]:

(a) section 15(1);

(b) section 15A;

(c) section 15B;

(d) section 15C;

(e) section 17(2);

(f) section 20(1);

(g) section 21(1);

(h) section 21(2) consisting of a contravention of Regulation 4 of the Misuse of Drugs Regulations 1988 (S.I. No. 328 of 1988).

4. An offence under section 4 of the Criminal Law (Rape) Amendment Act 1990 (No. 32 of 1990) F118[in so far as such offence is an offence referred to in Article 5 of the Directive].

5. An offence under section 6 of the Criminal Law (Sexual Offences) Act 1993 (No. 20 of 1993) F118[in so far as such offence is an offence referred to in Article 5 of the Directive].

6. An offence under section 34 (2) of the Criminal Justice Act 1994 (No. 15 of 1994) F118[in so far as such offence is an offence referred to in Article 5 of the Directive].

7. An offence under section 2 of the Sexual Offences (Jurisdiction) Act 1996 (No. 38 of 1996) F118[in so far as such offence is an offence referred to in Article 5 of the Directive].

F119[8. (a) An offence under section 3(1), (2), (3) or (4) of the Child Trafficking and Pornography Act 1998 (No. 22 of 1998) (in this paragraph referred to as the "Act of 1998") in so far as such offence is an offence referred to in Article 5 of the Directive:

(b) An offence under section 4A of the Act of 1998

(c) An offence under section 5 of the Act of 1998 in so far as such offence is an offence referred to in Article 5 of the Directive

(d) An offence under section 5A(1) of the Act of 1998.]

9. An offence under section 6 of the Offences Against the State (Amendment) Act 1998 (No. 39 of 1998).

10. An offence under any of the following provisions of the Criminal Justice (Theft and Fraud Offences) Act 2001 (No. 50 of 2001):

(a) section 4 F118[(but only in so far as such offence is an offence referred to in Article 5 of the Directive)];

(b) section 9;

(c) section 17(1) F118[(but only in so far as such offence is an offence referred to in Article 5 of the Directive)];

(d) section 18(1) F118[(but only in so far as such offence is an offence referred to in Article 5 of the Directive)];

(e) section 25(1);

(f) section 26(1) F118[(but only in so far as such offence is an offence referred to in Article 5 of the Directive)];

(g) section 29(1) F118[(but only in so far as such offence is an offence referred to in Article 5 of the Directive)];

(h) section 29(3);

(i) section 33(1);

F120[(ia) section 33(1A);]

(j) section 34(1);

(k) section 34(2);

F120[(ka) section 34(2A);]

(l) section 35(1);

(m) section 36(1);

(n) section 36(2);

(o) section 37(1) F118[(but only in so far as such offence is an offence referred to in Article 5 of the Directive)];

(p) F121[section 38(1);]

F120[(pa) section 38(2);

(pb) section 38A(1);]

F122[(q) section 42(1);

(r) section 42A.]

11. An offence under section 6 of the Criminal Justice (Terrorist Offences) Act 2005 (No. 2 of 2005) F118[in so far as such offence is an offence referred to in Article 5 of the Directive].

12. An offence under section 2 or 3 of the Criminal Law (Sexual Offences) Act 2006 (No. 15 of 2006).

F119[13. An offence under—

(a) section 71A of the Criminal Justice Act 2006 (No. 26 of 2006), or

(b) section 72 of that Act in so far as such offence is an offence referred to in Article 5 of the Directive.]

14. An offence under section 2, 3, 4 or 7 of the Criminal Law (Human Trafficking) Act 2008 (No. 8 of 2008) F118[in so far as such offence is an offence referred to in Article 5 of the Directive].

15. An offence under section 7 of the Criminal Justice (Money Laundering and Terrorist Financing) Act 2010 (No. 6 of 2010) F118[in so far as such offence is an offence referred to in Article 5 of the Directive].

16. An offence under section 3, 22 or 41 of the Criminal Law (Sexual Offences) Act 2017 (No. 2 of 2017) F118[in so far as such offence is an offence referred to in Article 5 of the Directive].

17. An offence under any of the following provisions of the Criminal Justice (Offences Against Information Systems) Act 2017 (No. 11 of 2017):

(a) section 3;

(b) section 4;

(c) section 6.

F123[17A. An offence under section 5 of the Criminal Justice (Corruption Offences) Act 2018.]

18. An offence consisting of attempting to commit an offence referred to in any of paragraphs 3, 4, 5, 6, 7, 8, 10 (other than an offence referred to in paragraph 10(c), (d), (f), (g), (h), (m) or (n)), 11, 14, 15, 16 and 17(a) or (b) F118[in so far as such second- mentioned offence is an offence referred to in Article 5 of the Directive].

19. An offence consisting of aiding, abetting, counselling, procuring or inciting the commission of an offence referred to in any of paragraphs 1, 2, 3, 4, 5, 6, 7, 8, 9, 10 (other than an offence referred to in paragraph 10(a) to (h)), 11, 12, 14, 15, F124[16, 17 and 17A] F118[in so far as such second- mentioned offence is an offence referred to in Article 5 of the Directive].

20. An offence consisting of conspiracy to commit an offence carrying a maximum penalty of four years’ imprisonment or more.]