Criminal Justice (Terrorist Offences) Act 2005

Proceedings relating to offences committed outside the State.

43

43.—(1) Proceedings for an offence under section 6, 9, 10, 11 or 13(1) or (2) in relation to an act committed outside the State 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) Where a person is charged with an offence referred to in subsection (1), no further proceedings in the matter (other than any remand in custody or on bail) may be taken except by or with the consent of the Director of Public Prosecutions.

(3) The Director of Public Prosecutions may take, or consent to the taking of, further proceedings against a person for an offence in respect of an act to which section 6(1), 9(1) or (2), 10(1), (2) or (3), 11(1) or (2) or 13(1) or (2) applies and that is committed outside the State in the circumstances referred to in section 6(3), 9(4), 10(5), 11(4) or 13(7) respectively if satisfied—

( a) that—

(i) a request for that person's surrender for the purpose of trying him or her for an offence in respect of that act has been made under Part II of the Extradition Act 1965 by—

(I) in the case of an offence in respect of an act to which section 6(1) applies, any state, and

(II) in the case of an offence in respect of an act to which section 9(1) or (2), 10(1), (2) or (3), 11(1) or (2) or 13(1) or (2) applies, a state party to the applicable instrument and exercising jurisdiction in accordance with its relevant provision,

and

(ii) the request has been finally refused (whether as a result of a decision of the court or otherwise),

or

( b) that—

(i) a F11 [ relevant arrest warrant ] has been received from an issuing state for the purpose of bringing proceedings against the person for an offence in respect of that act,

(ii) except in the case of an act to which section 6(1) applies, jurisdiction is being exercised in accordance with the relevant provision of the applicable instrument, and

(iii) a final determination has been made that the F11 [ relevant arrest warrant ] should not be endorsed for execution in the State under the European Arrest Warrant Act 2003 or that the person should not be surrendered to the issuing state concerned,

or

( c) that, because of special circumstances (including, but not limited to, the likelihood of a refusal referred to in paragraph (a)(ii) or a determination referred to in paragraph (b)(iii)), it is expedient that proceedings be taken against the person for an offence under the law of the State in respect of the act.

(4) In subsection (3)

“applicable instrument” means—

( a) in relation to an act to which section 9(1) or (2) applies, the Hostage Convention as defined in section 8,

( b) in relation to an act to which section 10(1), (2) or (3) applies, the Terrorist Bombing Convention as defined in section 8,

( c) in relation to an act to which section 11(1) or (2) applies, the Internationally Protected Persons Convention as defined in section 8 , and

( d) in relation to an act to which section 13(1) or (2) applies, the Terrorist Financing Convention as defined in section 12 ;

F11 [ relevant arrest warrant ]” and “issuing state” have the meanings given by section 2 of the European Arrest Warrant Act 2003 ;

“relevant provision” means—

( a) in relation to the Hostage Convention, Article 5(1),

( b) in relation to the Terrorist Bombing Convention, Article 6(1) or (2),

( c) in relation to the Internationally Protected Persons Convention, Article 3(1), and

( d) in relation to the Terrorist Financing Convention, Article 7(1) or (2).

Annotations:

Amendments:

F11

Substituted (30.03.2021) by European Union (European Arrest Warrant Act 2003) (Amendment) Regulations 2021 (S.I. No. 150 of 2021), reg. 43(a), (b), in effect as per reg. 1(2).