Criminal Justice (Terrorist Offences) Act 2005

Number 2 of 2005

CRIMINAL JUSTICE (TERRORIST OFFENCES) ACT 2005

REVISED

Updated to 11 May 2023

This Revised Act is an administrative consolidation of the Criminal Justice (Terrorist Offences) Act 2005. 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 Finance Act 2023 (11/2023), enacted 15 May 2023, and all statutory instruments up to and including the Criminal Justice (Terrorist Offences) Act 2005 (Section 42) (Restrictive Measures concerning Certain Persons and Entities Associated with the ISIL (Da’esh) and Al-Qaida Organisations) (No. 5) Regulations 2023 (S.I. No. 228 of 2023), made 11 May 2023, 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 2 of 2005

CRIMINAL JUSTICE (TERRORIST OFFENCES) ACT 2005

REVISED

Updated to 11 May 2023

Introduction

This Revised Act presents the text of the Act as it has been amended since enactment, and preserves the format in which it was passed.

Related legislation

Criminal Justice (Terrorist Offences) Acts 2005 to 2015: this Act is one of a group of Acts included in this collective citation (Criminal Justice (Terrorist Offences) (Amendment) Act 2015 (17/2015), s. 12(2)). The Acts in this group are:

• Criminal Justice (Terrorist Offences) Act 2005 (2/2005)

• Criminal Justice (Terrorist Offences) (Amendment) Act 2015 (17/2015)

Annotations

This Revised Act is annotated and includes textual and non-textual amendments, statutory instruments made pursuant to the Act and previous affecting provisions.

An explanation of how to read annotations is available at

www.lawreform.ie/annotations.

Material not updated in this revision

Where other legislation is amended by this Act, those amendments may have been superseded by other amendments in other legislation, or the amended legislation may have been repealed or revoked. This information is not represented in this revision but will be reflected in a revision of the amended legislation if one is available.

Where legislation or a fragment of legislation is referred to in annotations, changes to this legislation or fragment may not be reflected in this revision but will be reflected in a revision of the legislation referred to if one is available.

A list of legislative changes to any Act, and to statutory instruments from 1972, may be found linked from the page of the Act or statutory instrument at

www.irishstatutebook.ie.

Acts which affect or previously affected this revision

• Criminal Justice (Terrorist Offences) (Amendment) Act 2015 (17/2015)

• Merchant Shipping (Registration of Ships) Act 2014 (43/2014)

• Freedom of Information Act 2014 (30/2014)

• Communications Regulation (Postal Services) Act 2011 (21/2011)

• Communications (Retention of Data) Act 2011 (3/2011)

• Criminal Procedure Act 2010 (27/2010)

• Criminal Justice (Money Laundering and Terrorist Financing) Act 2010 (6/2010)

All Acts up to and including Finance Act 2023 (11/2023), enacted 15 May 2023, were considered in the preparation of this revision.

Statutory instruments which affect or previously affected this revision

• Criminal Justice (Terrorist Offences) Act 2005 (Section 42) (Restrictive Measures concerning Certain Persons and Entities Associated with the ISIL (Da’esh) and Al-Qaida Organisations) (No.5) Regulations 2023 (S.I. No. 228 of 2023)

• Criminal Justice (Terrorist Offences) Act 2005 (Section 42) (Restrictive Measures Concerning Certain Persons and Entities Associated With the Isil - Qaida Organisations) (No.4) Regulations 2023 (S.I. No. 174 of 2023)

• Criminal Justice (Terrorist Offences) Act 2005 (Section 42) (Restrictive Measures Concerning Certain Persons and Entities With a View to Combating Terrorism) Regulations 2023 (S.I. No. 83 of 2023)

• Criminal Justice (Terrorist Offences) Act 2005 (Section 42) (Restrictive Measures Concerning Certain Persons And Entities Associated With The Isil (Da’esh) And Al-Qaida Organisations) Regulations 2023 (S.I. No. 7 of 2023)

• Criminal Justice (Terrorist Offences) Act 2005 (Section 42) (Restrictive Measures Concerning Certain Persons and Entities With a View to Combating Terrorism) (No.2) Regulations 2022 (S.I. No. 372 of 2022)

• Criminal Justice (Terrorist Offences) Act 2005 (Section 42) (Restrictive Measures Concerning Certain Persons and Entities Associated With the Isil -Qaida Organisations) (No. 6) Regulations 2022 (S.I. No. 275 of 2022)

• Criminal Justice (Terrorist Offences) Act 2005 (Section 42) (Restrictive Measures concerning Certain Persons and Entities with a view to Combating Terrorism) Regulations 2022 (S.I. No. 72 of 2022)

• Criminal Justice (Terrorist Offences) Act 2005 (Section 42) (Restrictive Measures Concerning Certain Persons and Entities Associated With the Isil -Qaida Organisations) (No. 2) Regulations 2022 (S.I. No. 29 of 2022)

• Criminal Justice (Terrorist Offences) Act 2005 (Section 42) (Restrictive Measures concerning Certain Persons and Entities Associated with the ISIL (Da'esh) and Al-Qaida Organisations) (No. 3) Regulations 2021 (S.I. No. 494 of 2021)

• European Union (European Arrest Warrant Act 2003) (Amendment) Regulations 2021 (S.I. No. 150 of 2021)

• Criminal Justice (Terrorist Offences) Act 2005 (Section 42) (Restrictive Measures concerning Certain Persons and Entities with a view to Combating Terrorism) (No. 2) Regulations 2020 (S.I. No. 362 of 2020)

• Criminal Justice (Terrorist Offences) Act 2005 (Section 42) (Restrictive Measures Concerning Certain Persons and Entities Associated with the Isil (Da’esh) and Al-Qaida Organisations) (No. 4) Regulations 2020 (S.I. No. 286 of 2020)

• Criminal Justice (Terrorist Offences) Act 2005 (Section 42) (Restrictive Measures Concerning Certain Persons and Entities with a View to Combating Terrorism) Regulations (No. 2) 2019 (S.I. No. 492 of 2019)

• Criminal Justice (Terrorist Offences) Act 2005 (Section 42) (Restrictive Measures Concerning Certain Persons And Entities With A View To Combating Terrorism) Regulations 2019 (S.I. No. 85 of 2019)

• Criminal Justice (Terrorist Offences) Act 2005 (Section 42) (Restrictive Measures concerning Certain Persons and Entities with a view to Combating Terrorism) Regulations (No. 2) 2018 (S.I. No. 342 of 2018)

• Criminal Justice (Terrorist Offences) Act 2005 (Section 42) (Restrictive Measures concerning Certain Persons and Entities Associated with the ISIL (Da’esh) and Al Qaida Organisations) (No. 3) Regulations 2018 (S.I. No. 203 of 2018)

• Criminal Justice (Terrorist Offences) Act 2005 (Section 42) (Restrictive Measures concerning Certain Persons and Entities with a view to Combating Terrorism) (No. 4) Regulations 2017 (S.I. No. 565 of 2017)

• Criminal Justice (Terrorist Offences) Act 2005 (Section 42) (Restrictive Measures concerning Certain Persons and Entities with a view to Combating Terrorism) (No. 3) Regulations 2017 (S.I. No. 468 of 2017)

• Criminal Justice (Terrorist Offences) Act 2005 (Section 42) (No. 2) Regulations 2016 (S.I. No. 543 of 2016)

• Criminal Justice (Terrorist Offences) Act 2005 (Section 42) Regulations 2016 (S.I. No. 414 of 2016)

• Criminal Justice (Terrorist Offences) Act 2005 (Section 42(2) and (6)) (Restrictive Measures concerning Certain Persons and Entities Associated with the Al-Qaida Network) (Financial Sanctions) (No. 3) Regulations 2015 (S.I. No. 590 of 2015)

• Public Expenditure and Reform (Transfer of Departmental Administration and Ministerial Functions) Order 2015 (S.I. No. 517 of 2015)

• Criminal Justice (Terrorist Offences) Act 2005 (Section 42(2) and (6)) (Counter Terrorism) (Financial Sanctions) (No. 2) Regulations 2015 (S.I. No. 466 of 2015)

• Criminal Justice (Terrorist Offences) Act 2005 (Section 42(2) and (6)) (Restrictive Measures Concerning Certain Persons and Entities Associated with the Al-Qaida Network) (Financial Sanctions) Regulations 2015 (S.I. No. 286 of 2015)

• Criminal Justice (Terrorist Offences) Act 2005 (Section 42(2) and (6)) (Counter Terrorism) (Financial Sanctions) Regulations 2015 (S.I. No. 285 of 2015)

• Criminal Justice (Terrorist Offences) Act 2005 (Section 42(6)) (Counter Terrorism) (Financial Sanctions) Regulations 2013 (S.I. No. 561 of 2013)

• Criminal Justice (Terrorist Offences) Act 2005 (Section 42(6)) (Usama Bin Laden, the Al-Qaida Network and the Taliban) (Financial Sanctions) Regulations 2013 (S.I. No. 536 of 2013)

• Criminal Justice (Terrorist Offences) Act 2005 (Section 42(2)) (Usama Bin Laden, the Al-Qaida Network and the Taliban) (Financial Sanctions) Regulations 2013 (S.I. No. 535 of 2013)

• Criminal Justice (Terrorist Offences) Act 2005 (Section 42(2)) (Counter Terrorism) (Financial Sanctions) Regulations 2013 (S.I. No. 526 of 2013)

• Criminal Justice (Terrorist Offences) Act 2005 (Section 42(6)) (Counter Terrorism) (Financial Sanctions) Regulations 2013 (S.I. No. 50 of 2013)

• Criminal Justice (Terrorist Offences) Act 2005 (Section 42(2)) (Counter Terrorism) (Financial Sanctions) Regulations 2013 (S.I. No. 49 of 2013)

• Criminal Justice (Terrorist Offences) Act 2005 (Section 42(6)) (Counter Terrorism) (Financial Sanctions) (No. 2) Regulations 2012 (S.I. No. 428 of 2012)

• Criminal Justice (Terrorist Offences) Act 2005 (Section 42(2)) (Counter Terrorism) (Financial Sanctions) (No. 2) Regulations 2012 (S.I. No. 427 of 2012)

• Criminal Justice (Terrorist Offences) Act 2005 (Section 42(6)) (Counter Terrorism) (Financial Sanctions) Regulations 2012 (S.I. No. 19 of 2012)

• Criminal Justice (Terrorist Offences) Act 2005 (Section 42(2)) (Counter Terrorism) (Financial Sanctions) Regulations 2012 (S.I. No. 18 of 2012)

• Criminal Justice (Terrorist Offences) Act 2005 (Section 42(6)) (Counter Terrorism) (Financial Sanctions) (No. 2) Regulations 2011 (S.I. No. 444 of 2011)

• Criminal Justice (Terrorist Offences) Act 2005 (Section 42(2)) (Counter Terrorism) (Financial Sanctions) (No. 2) Regulations 2011 (S.I. No. 443 of 2011)

• Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 418 of 2011)

• Criminal Justice (Terrorist Offences) Act 2005 (Section 42(6)) (Usama bin Laden, the Al-Qaida network and the Taliban) (Financial Sanctions) (No.3) Regulations 2011 (S.I. No. 369 of 2011)

• Criminal Justice (Terrorist Offences) Act 2005 (Section 42(2)) (Usama bin Laden, the Al-Qaida network and the Taliban) (Financial Sanctions) (No.3) Regulations 2011 (S.I. No. 368 of 2011)

• Criminal Justice (Terrorist Offences) Act 2005 (Section 42(6)) (Usama bin Laden, the Al-Qaida network and the Taliban) (Financial Sanctions) (No. 2) Regulations 2011 (S.I. No. 185 of 2011)

• Criminal Justice (Terrorist Offences) Act 2005 (Section 42(2)) (Usama bin Laden, the Al-Qaida network and the Taliban) (Financial Sanctions) (No. 2) Regulations 2011 (S.I. No. 184 of 2011)

• Criminal Justice (Terrorist Offences) Act 2005 (Section 42(6)) (Counter Terrorism) (Financial Sanctions) Regulations 2011 (S.I. No. 170 of 2011)

• Criminal Justice (Terrorist Offences) Act 2005 (Section 42(2)) (Counter Terrorism) (Financial Sanctions) Regulations 2011 (S.I. No. 169 of 2011)

• Criminal Justice (Terrorist Offences) Act 2005 (Section 42(6)) (Usama bin Laden, the Al-Qaida network and the Taliban) (Financial Sanctions) Regulations 2011 (S.I. No. 76 of 2011)

• Criminal Justice (Terrorist Offences) Act 2005 (Section 42(2)) (Usama bin Laden, the Al-Qaida network and the Taliban) (Financial Sanctions) Regulations 2011 (S.I. No. 75 of 2011)

• Criminal Justice (Terrorist Offences) Act 2005 (Section 42(6)) (Usama bin Laden, the Al-Qaida network and the Taliban) (Financial Sanctions) (No. 3) Regulations 2010 (S.I. No. 622 of 2010)

• Criminal Justice (Terrorist Offences) Act 2005 (Section 42(2)) (Usama bin Laden, the Al-Qaida network and the Taliban) (Financial Sanctions) (No. 3) Regulations 2010 (S.I. No. 621 of 2010)

• Criminal Justice (Terrorist Offences) Act 2005 (Section 42(6)) (Usama bin Laden, the Al-Qaida network and the Taliban) (Financial Sanctions) Regulations (No. 2) 2010 (S.I. No. 500 of 2010)

• Criminal Justice (Terrorist Offences) Act 2005 (Section 42(2)) (Usama bin Laden, the Al-Qaida network and the Taliban) (Financial Sanctions) Regulations (No. 2) 2010 (S.I. No. 499 of 2010)

• Criminal Justice (Terrorist Offences) Act 2005 (Section 42(6)) (Counter Terrorism) (Financial Sanctions) Regulations (No. 2) 2010 (S.I. No. 381 of 2010)

• Criminal Justice (Terrorist Offences) Act 2005 (Section 42(2)) (Counter Terrorism) (Financial Sanctions) Regulations (No. 2) 2010 (S.I. No. 380 of 2010)

• Criminal Justice (Terrorist Offences) Act 2005 (Section 42(6)) (Usama bin Laden, the Al-Qaida network and the Taliban) (Financial Sanctions) Regulations 2010 (S.I. No. 267 of 2010)

• Criminal Justice (Terrorist Offences) Act 2005 (Section 42(2)) (Usama bin Laden, the Al-Qaida network and the Taliban) (Financial Sanctions) Regulations 2010 (S.I. No. 266 of 2010)

• Criminal Justice (Terrorist Offences) Act 2005 (Section 42(6)) (Counter Terrorism) (Financial Sanctions) Regulations 2010 (S.I. No. 159 of 2010)

• Criminal Justice (Terrorist Offences) Act 2005 (Section 42(2)) (Counter Terrorism) (Financial Sanctions) Regulations 2010 (S.I. No. 158 of 2010)

• Criminal Justice (Terrorist offences) Act 2005 (Section 42(6)) (Usama Bin Laden, the Al-qaida Network and the Taliban) (Financial Sanctions) Regulations (No. 3) 2009 (S.I. No. 427 of 2009)

• Criminal Justice (Terrorist offences) Act 2005 (Section 42(2)) (Usama Bin Laden, the Al-qaida Network and the Taliban) (Financial Sanctions) Regulations (No. 3) 2009 (S.I. No. 426 of 2009)

• Criminal Justice (Terrorist offences) Act 2005 (Section 42(2)) (Counter Terrorism) (Financial Sanctions) Regulations 2009 (S.I. No. 129 of 2009)

• Criminal Justice (Terrorist offences) Act 2005 (Section 42(6)) (Counter Terrorism) (Financial Sanctions) Regulations 2009 (S.I. No. 128 of 2009)

• Criminal Justice (Terrorist offences) Act 2005 (Section 42(2)) (Usama Bin Laden, the Al-qaida Network and the Taliban) (Financial Sanctions) Regulations (No. 2) 2009 (S.I. No. 120 of 2009)

• Criminal Justice (Terrorist offences) Act 2005 (Section 42(6)) (Usama Bin Laden, the Al-qaida Network and the Taliban) (Financial Sanctions) Regulations (No. 2) 2009 (S.I. No. 119 of 2009)

• Criminal Justice (Terrorist offences) Act 2005 (Section 42(6)) (Usama Bin Laden, the Al-qaida Network and the Taliban) (Financial Sanctions) Regulations 2009 (S.I. No. 37 of 2009)

• Criminal Justice (Terrorist offences) Act 2005 (Section 42(2)) (Usama Bin Laden, the Al-qaida Network and the Taliban) (Financial Sanctions) Regulations 2009 (S.I. No. 36 of 2009)

• Criminal Justice (Terrorist offences) Act 2005 (Section 42(2)) (Usama Bin Laden, the Al-Qaida Network and the Taliban) (Financial Sanctions) Regulations (No. 5) 2008 (S.I. No. 458 of 2008)

• Criminal Justice (Terrorist offences) Act 2005 (Section 42(6)) (Usama Bin Laden, the Al-Qaida Network and the Taliban) (Financial Sanctions) Regulations (No. 5) 2008 (S.I. No. 457 of 2008)

• Criminal Justice (Terrorist offences) Act 2005 (Section 42(2)) (Usama Bin Laden, the Al-Qaida Network and the Taliban) (Financial Sanctions) Regulations (No. 4) 2008 (S.I. No. 380 of 2008)

• Criminal Justice (Terrorist offences) Act 2005 (Section 42(6)) (Usama Bin Laden, the Al-Qaida Network and the Taliban) (Financial Sanctions) Regulations (No. 4) 2008 (S.I. No. 379 of 2008)

• Criminal Justice (Terrorist offences) Act 2005 (Section 42(2)) (Counter Terrorism) (Financial Sanctions) Regulations (No. 3) 2008 (S.I. No. 378 of 2008)

• Criminal Justice (Terrorist offences) Act 2005 (Section 42(6)) (Counter Terrorism) (Financial Sanctions) Regulations (No. 3) 2008 (S.I. No. 377 of 2008)

• Criminal Justice (Terrorist offences) Act 2005 (Section 42(6)) (Counter Terrorism) (Financial Sanctions) Regulations (No. 2) 2008 (S.I. No. 237 of 2008)

• Criminal Justice (Terrorist offences) Act 2005 (Section 42(2)) (Counter Terrorism) (Financial Sanctions) Regulations (No. 2) 2008 (S.I. No. 236 of 2008)

• Criminal Justice (Terrorist offences) Act 2005 (Section 42(6)) (Usama Bin Laden, the Al-Qaida Network and the Taliban) (Financial Sanctions) Regulations (No. 3) 2008 (S.I. No. 216 of 2008)

• Criminal Justice (Terrorist offences) Act 2005 (Section 42(2)) (Usama Bin Laden, the Al-Qaida Network and the Taliban) (Financial Sanctions) Regulations (No. 3) 2008 (S.I. No. 215 of 2008)

• Criminal Justice (Terrorist offences) Act 2005 (Section 42(6)) (Usama Bin Laden, the Al-Qaida Network and the Taliban) (Financial Sanctions) Regulations (No.2) 2008 (S.I. No. 110 of 2008)

• Criminal Justice (Terrorist offences) Act 2005 (Section 42(2)) (Usama Bin Laden, the Al-Qaida Network and the Taliban) (Financial Sanctions) Regulations (No.2) 2008 (S.I. No. 109 of 2008)

• Criminal Justice (Terrorist offences) Act 2005 (Section 42(6)) (Usama Bin Laden, the Al-Qaida Network and the Taliban) (Financial Sanctions) Regulations 2008 (S.I. No. 39 of 2008)

• Criminal Justice (Terrorist offences) Act 2005 (Section 42(2)) (Usama Bin Laden, the Al-Qaida Network and the Taliban) (Financial Sanctions) Regulations 2008 (S.I. No. 38 of 2008)

• Criminal Justice (Terrorist offences) Act 2005 (Section 42(6)) (Counter Terrorism) (Financial Sanctions) Regulations 2008 (S.I. No. 10 of 2008)

• Criminal Justice (Terrorist offences) Act 2005 (Section 42(2)) (Counter Terrorism) (Financial Sanctions) Regulations 2008 (S.I. No. 9 of 2008)

• Criminal Justice (Terrorist offences) Act 2005 (Section 42(6)) (Usama Bin Laden, the Al-Qaida Network and the Taliban) (Financial Sanctions) Regulations (No.4) 2007 (S.I. No. 760 of 2007)

• Criminal Justice (Terrorist offences) Act 2005 (Section 42(2)) (Usama Bin Laden, the Al-Qaida Network and the Taliban) (Financial Sanctions) Regulations (No.4) 2007 (S.I. No. 759 of 2007)

• Criminal Justice (Terrorist offences) Act 2005 (Section 42(6)) (Usama Bin Laden, the Al-Qaida Network and the Taliban) (Financial Sanctions) Regulations (No. 3) 2007 (S.I. No. 696 of 2007)

• Criminal Justice (Terrorist offences) Act 2005 (Section 42(2)) (Usama Bin Laden, the Al-Qaida Network and the Taliban) (Financial Sanctions) Regulations (No. 3) 2007 (S.I. No. 695 of 2007)

• Criminal Justice (Terrorist offences) Act 2005 (Section 42(6)) (Counter Terrorism) (Financial Sanctions) Regulations (No. 2) 2007 (S.I. No. 548 of 2007)

• Criminal Justice (Terrorist offences) Act 2005 (Section 42(2)) (Counter Terrorism) (Financial Sanctions) Regulations (No. 2) 2007 (S.I. No. 547 of 2007)

• Criminal Justice (Terrorist offences) Act 2005 (Section 42(6)) (Usama Bin Laden, Al-Qaida and Taliban of Afghanistan) (Financial Sanctions) Regulations (No. 2) 2007 (S.I. No. 535 of 2007)

• Criminal Justice (Terrorist offences) Act 2005 (Section 42(2)) (Usama Bin Laden, Al-Qaida and Taliban of Afghanistan) (Financial Sanctions) Regulations (No. 2) 2007 (S.I. No. 534 of 2007)

• Criminal Justice (Terrorist offences) Act 2005 (Section 42(6)) (Counter Terrorism) (Financial Sanctions) Regulations 2007 (S.I. No. 411 of 2007)

• Criminal Justice (Terrorist offences) Act 2005 (Section 42(2)) (Counter Terrorism) (Financial Sanctions) Regulations 2007 (S.I. No. 410 of 2007)

• Criminal Justice (Terrorist offences) Act 2005 (Section 42(6)) (Usama Bin Laden, Al-Qaida and Taliban of Afghanistan) (Financial Sanctions) Regulations 2007 (S.I. No. 206 of 2007)

• Criminal Justice (Terrorist offences) Act 2005 (Section 42(2)) (Usama Bin Laden, Al-Qaida and Taliban of Afghanistan) (Financial Sanctions) Regulations 2007 (S.I. No. 205 of 2007)

• Criminal Justice (Terrorist Offences) Act 2005 (Section 42 (6)) (Counter Terrorism) (Financial Sanctions) Regulations (No.2) 2006 (S.I. No. 434 of 2006)

• Criminal Justice (Terrorist Offences) Act 2005 (Section 42(2)) (Counter Terrorism) (Financial Sanctions) Regulations (No.2) 2006 (S.I. No. 433 of 2006)

• Criminal Justice (Terrorist Offences) Act 2005 (Section 42 (6)) (Usama Bin Laden, Al-Qaida and Taliban of Afghanistan) (Financial Sanctions) Regulations (No.2) 2006 (S.I. No. 432 of 2006)

• Criminal Justice (Terrorist Offences) Act 2005 (Section 42(2)) (Usama bin Laden, Al-Qaida and Taliban of Afghanistan) (Financial Sanctions) Regulations (No. 2) 2006 (S.I. No. 431 of 2006)

• Criminal Justice (Terrorist Offences) Act 2005 (Section 42(6)) (Usama Bin Laden, Al-Qaida and Taliban of Afghanistan) (Financial Sanctions) Regulations (No. 2) 2006 (S.I. No. 224 of 2006)

• Criminal Justice (Terrorist Offences) Act 2005 (Section 42(2)) (Usama Bin Laden, Al-Qaida and Taliban of Afghanistan) (Financial Sanctions) Regulations 2006 (S.I. No. 222 of 2006)

• Criminal Justice (Terrorist Offences) Act 2005 (Section 42(6)) (Counter Terrorism) (Financial Sanctions) Regulations 2006 (S.I. No. 221 of 2006)

• Criminal Justice (Terrorist Offences) Act 2005 (Section 42(2)) (Counter Terrorism) (Financial Sanctions) Regulations 2006 (S.I. No. 220 of 2006)

• Criminal Justice (Terrorist Offences) Act 2005 (Section 42(6)) (Usama Bin Laden, Al-Qaida and Taliban of Afghanistan) (Financial Sanctions) Regulations (No. 2) 2005 (S.I. No. 823 of 2005)

• Criminal Justice (Terrorist Offences) Act 2005 (Section 42(2)) (Usama Bin Laden, Al-Qaida and Taliban of Afghanistan) (Financial Sanctions) Regulations (No. 2) 2005 (S.I. No. 822 of 2005)

• Criminal Justice (Terrorist Offences) Act 2005 (Section 42(6)) (Counter Terrorism) (Financial Sanctions) Regulations (No. 2) 2005 (S.I. No. 821 of 2005)

• Criminal Justice (Terrorist Offences) Act 2005 (Section 42(2)) (Counter Terrorism) (Financial Sanctions) Regulations (No. 2) 2005 (S.I. No. 820 of 2005)

• Criminal Justice (Terrorist Offences) Act 2005 (Section 42(6)) (Counter Terrorism) (Financial Sanctions) Regulations 2005 (S.I. No. 421 of 2005)

• Criminal Justice (Terrorist Offences) Act 2005 (Section 42(2)) (Counter Terrorism) (Financial Sanctions) Regulations 2005 (S.I. No. 420 of 2005)

• Criminal Justice (Terrorist Offences) Act 2005 (Section 42(6)) (Usama Bin Laden, Al-Qaida and Taliban of Afghanistan) (Financial Sanctions) Regulations 2005 (S.I. No. 417 of 2005)

• Criminal Justice (Terrorist Offences) Act 2005 (Section 42(2)) (Usama Bin Laden, Al-Qaida and Taliban of Afghanistan) (Financial Sanctions) Regulations 2005 (S.I. No. 416 of 2005)

All statutory instruments up to and including Criminal Justice (Terrorist Offences) Act 2005 (Section 42) (Restrictive Measures concerning CertainPersons and Entities Associated with the ISIL (Da’esh) and Al-Qaida Organisations) (No. 5) Regulations 2023 (S.I. No. 228 of 2023), made 11 May 2023, were considered in the preparation of this revision.

Number 2 of 2005

CRIMINAL JUSTICE (TERRORIST OFFENCES) ACT 2005

REVISED

Updated to 5 April 2023

ARRANGEMENT OF SECTIONS

PART 1

Preliminary Matters

Section
1.	Short title.
2.	Commencement.
3.	Interpretation.
3A.	Regulations.

PART 2

Suppression of Terrorist Groups and Terrorist Offences

4.	Definitions for Part 2.
4A.	Public provocation to commit terrorist offence.
4B.	Recruitment for terrorism.
4C.	Training for terrorism.
5.	Terrorist groups.
6.	Terrorist offences.
7.	Penalties for terrorist offences.

PART 3

Suppression of Hostage-Taking, Terrorist Bombing and Crimes Against Internationally Protected Persons.

8.	Definitions for Part 3.
9.	Offence of hostage-taking.
10.	Offence of terrorist bombing.
11.	Offences against internationally protected persons.

PART 4

Suppression of Financing of Terrorism

12.	Interpretation of Part 4.
13.	Offence of financing terrorism.
14.	Interim order freezing certain funds.
15.	Interlocutory order.
16.	Disposal order.
17.	Ancillary orders and provision in relation to certain profits or gains, etc.
18.	Evidence and proceedings relating to interim and other orders.
19.	Compensation.
20.	Application of certain provisions of Act of 1996.
21.	Amendment of section 3 of Act of 1994.
22.	Amendment of Part II of Act of 1994 — new sections 8A to 8E.
23.	Amendment of section 9 of Act of 1994.
24.	Amendment of section 10 of Act of 1994.
25.	Amendment of section 11 of Act of 1994.
26.	Amendment of section 12 of Act of 1994.
27.	Amendment of section 13 of Act of 1994.
28.	Amendment of section 17 of Act of 1994.
29.	Amendment of section 18 of Act of 1994.
30.	Amendment of section 23 of Act of 1994.
31.	Amendment of section 28 of Act of 1994.
32.	Amendment of section 32 of Act of 1994.
33.	Amendment of section 46 of Act of 1994.
34.	Amendment of section 47 of Act of 1994.
35.	Amendment of section 55 of Act of 1994.
36.	Amendment of section 57 of Act of 1994.
37.	Amendment of section 58 of Act of 1994.
38.	Amendment of section 61 of Act of 1994.
39.	Amendment of section 63 of Act of 1994.
40.	Amendment of section 64 of Act of 1994.
41.	Amendment of section 65 of Act of 1994.
42.	Power to make regulations.

PART 5

Miscellaneous Matters

43.	Proceedings relating to offences committed outside the State.
44.	Evidence in proceedings under the Act.
45.	Liability for offences by bodies corporate.
46.	Double jeopardy.
47.	Expenses.

PART 6

Amendment of Other Acts

48.	Amendment of section 21 of Act of 1939.
49.	Amendment of Act of 1939 — new section 21A.
50.	Amendment of section 22 of Act of 1939.
51.	Amendment of Act of 1939 — new sections 22A to 22I.
52.	Amendment of section 38 of Act of 1939.
53.	Amendment of section 49 of Act of 1939.
54.	Amendment and commencement of section 2 of Act of 1985.
55.	Amendment of section 8 of Act of 1985.
56.	Amendment of Defence Act 1954.
57.	Amendment of Extradition Act 1965.
58.	Amendment of Extradition (Amendment) Act 1994.
59.	Amendment of Criminal Procedure Act 1967.
60.	Amendment of Bail Act 1997.

PART 7

Communications Data (Repealed)

61.	Interpretation of this Part. (Repealed)
62.	Application of this Part. (Repealed)
63.	Retention of traffic and location data relating to communications by phone. (Repealed)
64.	Access to data retained for law enforcement and security purposes. (Repealed)
65.	Complaints procedure. (Repealed)
66.	Amendment of section 8 of Act of 1993. (Repealed)
67.	Duties of designated judge in relation to this Part. (Repealed)

PART 8

European Arrest Warrant.

68.	Application of this Part.
69.	Issuing state presumed to comply with Framework Decision.
70.	Corresponding offences.
71.	Obligation to surrender.
72.	European arrest warrant.
73.	Amendment of section 12 of Act of 2003.
74.	Amendment of section 14 of Act of 2003.
75.	Amendment of section 15 of Act of 2003.
76.	Date of hearing in relation to European arrest warrant.
77.	Amendment of section 18 of Act of 2003.
78.	Amendment of section 20 of Act of 2003.
79.	Refusal of surrender where no decision to prosecute.
80.	Rule of specialty.
81.	Surrender of person by issuing state to other Member State.
82.	Extradition of person by issuing state to third state.
83.	Proceedings in the State.

SCHEDULE 1

Council Framework Decision of 13 June 2002 on Combating Terrorism

PART 1

PART 2

SCHEDULE 1A

Council Framework Decision 2008/919/JHA of 28 November 2008 amending Framework Decision 2002/475/JHA on Combating Terrorism

SCHEDULE 1B

Convention on the Prevention of Terrorism

SCHEDULE 2

Offences for Purposes of Definitions of “Terrorist Activity” and “Terrorist-Linked Activity”

International Convention Against the Taking of Hostages

SCHEDULE 4

Convention on the Prevention and Punishment of Crimes Against Internationally Protected Persons, Including Diplomatic Agents

SCHEDULE 5

International Convention for the Suppression of Terrorist Bombings

SCHEDULE 6

Offences Against Internationally Protected Persons

PART 1

PART 2

SCHEDULE 7

International Convention for the Suppression of the Financing of Terrorism

Acts Referred to
Air Navigation and Transport Act 1973	1973, No. 29
Air Navigation and Transport Act 1975	1975, No. 9
Bail Act 1997	1997, No. 16
Chemical Weapons Act 1997	1997, No. 28
Criminal Damage Act 1991	1991, No. 31
Criminal Justice Act 1990	1990, No. 16
Criminal Justice Act 1994	1994, No. 15
Criminal Justice Act 1999	1999, No. 10
Criminal Justice (Miscellaneous Provisions) Act 1997	1997, No. 4
Criminal Justice (Public Order) Act 1994	1994, No. 2
Criminal Justice (Safety of United Nations Workers) Act 2000	2000, No. 16
Criminal Justice (Theft and Fraud Offences) Act 2001	2001, No. 50
Criminal Justice (United Nations Convention against Torture) Act 2000	2000, No. 11
Criminal Law Act 1976	1976, No. 32
Criminal Law (Jurisdiction) Act 1976	1976, No. 14
Criminal Law (Rape) (Amendment) Act 1990	1990, No. 32
Criminal Procedure Act 1967	1967, No. 12
Data Protection Act 1988	1988, No. 25
Data Protection Acts 1988 and 2003
Defence Act 1954	1954, No. 18
European Arrest Warrant Act 2003	2003, No. 45
Explosive Substances Act 1883	46 & 47 Vict., c. 3
Extradition Act 1965	1965, No. 17
Extradition Acts 1965 to 2001
Extradition (Amendment) Act 1994	1994, No. 6
Firearms Act 1925	1925, No. 17
Firearms Act 1964	1964, No. 1
Geneva Conventions Act 1962	1962, No. 11
Genocide Act 1973	1973, No. 28
Interception of Postal Packets and Telecommunications Messages (Regulation) Act 1993	1993, No. 10
Malicious Damage Act 1861	24 & 25 Vict., c. 97
Maritime Security Act 2004	2004, No. 29
Mercantile Marine Act 1955	1955, No. 29
Non-Fatal Offences against the Person Act 1997	1997, No. 26
Offences against the State Act 1939	1939, No. 13
Offences against the State Acts 1939 to 1998
Offences against the State (Amendment) Act 1985	1985, No. 3
Offences against the State (Amendment) Act 1998	1998, No. 39
Post Office Act 1908	8 Edw. 7, c. 48
Proceeds of Crime Act 1996	1996, No. 30
Radiological Protection Act 1991	1991, No. 9
Taxes Consolidation Act 1997	1997, No. 39

Number 2 of 2005

CRIMINAL JUSTICE (TERRORIST OFFENCES) ACT 2005

REVISED

Updated to 11 May 2023

AN ACT TO ENABLE THE STATE TO MEET COMMITMENTS UNDERTAKEN AS PART OF THE INTERNATIONAL COMMUNITY, TO AMEND THE OFFENCES AGAINST THE STATE ACTS 1939 TO 1998 AND THE EUROPEAN ARREST WARRANT ACT 2003, AND TO MAKE PROVISION FOR RELATED MATTERS, INCLUDING THE RETENTION OF COMMUNICATIONS DATA.

[8th March, 2005]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

Annotations

Editorial Notes:

Records held or created by Garda Síochána in relation to Act excluded from application of Freedom of Information Act 2014 (14.10.2015) by Freedom of Information Act 2014 (30/2014), s. 42(2)(viii), S.I. No. 103 of 2015.

Revised Acts

Latest News and Publications

Criminal Justice (Terrorist Offences) Act 2005