Criminal Justice (Terrorist Offences) Act 2005

Offence of terrorist bombing.

10

10.—(1) Subject to subsections (4) to (6), a person is guilty of an offence if he or she, in or outside the State, unlawfully and intentionally delivers, places, discharges or detonates an explosive or other lethal device in, into or against—

( a) a place of public use,

( b) a state or government facility,

( c) a public transportation system, or

( d) an infrastructure facility,

with intent to cause death or serious bodily injury.

(2) Subject to subsections (4) to (6), a person is guilty of an offence if—

( a) he or she, in or outside the State, unlawfully and intentionally delivers, places, discharges or detonates an explosive or other lethal device in, into or against a place, facility or system referred to in any paragraph of subsection (1) with intent to cause extensive destruction to that place, facility or system, and

( b) the destruction results in or is likely to result in major economic loss.

(3) Subject to subsections (4) to (6), a person who attempts to commit an offence under subsection (1) or (2) is guilty of an offence.

(4) Subsections (1) to (3) apply to an act committed outside the State if the act is committed—

( a) on board an Irish ship,

( b) on an aircraft registered in or operated by the State,

( c) by a citizen of Ireland or by a stateless person habitually resident in the State,

( d) against a citizen of Ireland,

( e) against a state or government facility of the State abroad, including an embassy or other diplomatic or consular premises of the State, or

( f) in order to compel the State to do or abstain from doing an act.

(5) Subsections (1) to (3) apply also in respect of an act committed outside the State in circumstances other than those referred to in subsection (4), but in that case the Director of Public Prosecutions may not take, or consent to the taking of, proceedings referred to in section 43(2) for an offence in respect of that act except as authorised by section 43(3) .

(6) Subsections (1) to (3) do not apply in respect of—

( a) the activities of armed forces during an armed conflict insofar as those activities are governed by international humanitarian law, or

( b) the activities of military forces of a state in the exercise of their official duties insofar as those activities are governed by other rules of international law.

(7) A person guilty of an offence under this section is liable on conviction on indictment to imprisonment for life.

(8) Subject to subsection (9), a word or expression that is used in this section has the same meaning as it has in the Terrorist Bombing Convention.

(9) In this section “explosive or other lethal device” means any of the following:

( a) an explosive weapon or device that is designed, or has the capability, to cause death, serious bodily injury or substantial material damage;

( b) an incendiary weapon or device that is designed, or has the capability, to cause death, serious bodily injury or substantial material damage;

( c) a weapon or device that is designed, or has the capability, to cause death, serious bodily injury or substantial material damage through the release, dissemination or impact of any of the following:

(i) a toxic chemical as defined in the Chemical Weapons Act 1997;

(ii) a microbial or other biological agent;

(iii) a toxin, whatever its origin or method of production;

(iv) a substance having an effect similar to the effect of anything referred to in any of subparagraphs (i) to (iii);

(v) ionising radiation or a radioactive substance, as defined in the Radiological Protection Act 1991.

Annotations

Editorial Notes:

E7

Offences under subss. (1)-(3) designated as relevant offences for purposes of retrial and double jeopardy procedure (1.09.2010) by Criminal Procedure Act 2010 (27/2010), ss. 7-18 and sch., S.I. No. 414 of 2010.