Criminal Justice (Terrorist Offences) Act 2005

Evidence in proceedings under the Act.

44

44.—(1) Where in any proceedings relating to an offence under this Act a question arises as to whether—

( a) a person is an internationally protected person,

( b) a facility is a State or Government facility of the State abroad, or

( c) an organisation is an international organisation or an international organisation of an intergovernmental character,

a certificate that is signed by the Minister for Foreign Affairs, or by a person authorised by that Minister, and that states any fact relating to that question is evidence of the fact unless the contrary is shown.

(2) In any proceedings relating to an offence under this Act—

F12 [ (a) in relation to an act committed outside the State

(i) a certificate that is signed by an officer of the Minister for Foreign Affairs and Trade and states that a passport was issued by that Minister of the Government to a person on a specified date, and

(ii) a certificate that is signed by an officer of the Minister and states that, to the best of the officer s knowledge and belief, the person has not ceased to be an Irish citizen,

is evidence that the person was an Irish citizen on the date on which the offence concerned is alleged to have been committed, unless the contrary is shown, ]

( b) a certificate that is signed by the Attorney General, or by a person authorised by him or her, as to his or her opinion in relation to a matter mentioned in section 6(6) is evidence of that opinion, unless the contrary is shown, and

( c) a certificate that is signed by the Director of Public Prosecutions or by a person authorised by that Director and that states any of the matters specified in paragraph (a), (b) or (c) of section 43(3) is evidence of the facts stated in the certificate, unless the contrary is shown.

(3) A document purporting to be a certificate under subsection (1) or (2) is deemed, unless the contrary is shown—

( a) to be such a certificate,

( b) to have been signed by the person purporting to have signed it, and

( c) in the case of certificate signed with the authority of the Minister for Foreign Affairs, the Attorney General or the Director of Public Prosecutions, to have been signed in accordance with the authorisation.

Annotations

Amendments:

F12

Substituted (8.06.2015) by Criminal Justice (Terrorist Offences) (Amendment) Act 2015 (17/2015), s. 9, commenced as per s. 12(3).