Revised Acts
This Act
Download PDFs
On the eISB
Criminal Justice Act 1994
Jurisdiction and prosecutions in relation to offences on ships.
36.—(1) Proceedings under section 33 or 34 of this Act or the First Schedule to this Act in respect of an offence on a ship 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) No such proceedings shall be instituted except by or with the consent of the Director of Public Prosecutions.
(3) Without prejudice to subsection (2) of this section, no proceedings for an offence under section 34 of this Act alleged to have been committed outside the F73[outer limit] of the F74[territorial sea of the State within the meaning of the Maritime Jurisdiction Act 2021] on a ship registered in a Convention state shall be instituted except in pursuance of the exercise, with the authority of the Minister for Foreign Affairs, of the powers conferred by the First Schedule to this Act.
(4) F74[Section 11 of the Maritime Jurisdiction Act 2021] (consent of Minister for Foreign Affairs for prosecutions for certain offences on foreign ships), shall not apply to the proceedings to which subsection (3) of this section relates.
Annotations
Amendments:
F73
Substituted (1.11.2006) by Criminal Justice (Illicit Traffic by Sea) Act 2003 (18/2003), s. 28(d), S.I. No. 539 of 2006.
F74
Substituted (22.11.2021) by Maritime Jurisdiction Act 2021 (28/2021), s. 20 and sch. 2 item 17, S.I. No. 601 of 2021.
Modifications (not altering text):
C6
Liability in relation to certain offences extended (1.11.2006) by Criminal Justice (Illicit Traffic by Sea) Act 2003 (18/2003), s. 13, S.I. No. 539 of 2006.
Offences against foreign officials.
13.—Where a person acting for or on behalf of a Convention state which is a party to the Agreement exercises powers in relation to an Irish vessel—
(a) on the authority of the Minister for Foreign Affairs under section 35(4) of the Act of 1994, or
(b) under an agreement referred to in section 35(5) of that Act,
any person who does or fails to do anything in relation to that person which, if done or not done in relation to an enforcement officer, would constitute an offence is guilty of that offence, and section 36 (jurisdiction and prosecutions in relation to offences on ships) of the Act of 1994 shall apply and have effect accordingly, with any necessary modifications.
Editorial Notes:
E36
Previous affecting provision: subs. (4) amended (4.04.2006) by Sea-Fisheries and Maritime Jurisdiction Act 2006 (8/2006), s. 93(6), commenced on enactment; substituted (22.11.2021) as per F-note above.