Criminal Justice (Terrorist Offences) Act 2005

Number 2 of 2005

CRIMINAL JUSTICE (TERRORIST OFFENCES) ACT 2005

REVISED

Updated to 4 October 2024

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 Criminal Justice (Amendment) Act 2024 (31/2024), enacted 4 October 2024, and all statutory instruments up to and including the Criminal Justice (Terrorist Offences) Act 2005 (Section 42) (Restrictive Measures concerning Certain Persons and Entities with a view to Combating Terrorism) (No. 4) Regulations 2024 (S.I. No. 514 of 2024), made 4 October 2024, 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 4 October 2024

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 4 October 2024

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.

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Criminal Justice (Terrorist Offences) Act 2005