Criminal Justice (Terrorist Offences) Act 2005

Penalties for terrorist offences.

7

7.—(1) A person guilty of an offence under section 6(1)(a) is liable on conviction to be punished according to the gravity of the offence as follows:

( a) to the sentence of imprisonment fixed by law, if the corresponding offence specified in Schedule 2 is one for which the sentence is fixed by law;

( b) to imprisonment for life, if the corresponding offence specified in Schedule 2 is one for which the maximum sentence is imprisonment for life;

( c) to imprisonment for a term not exceeding 2 years more than the maximum term of imprisonment for the corresponding offence specified in Schedule 2, if that corresponding offence is one for which a person of full capacity and not previously convicted may be sentenced to a maximum term of 10 or more years of imprisonment;

( d) to imprisonment for a term not exceeding 1 year more than the maximum term of imprisonment for the corresponding offence specified in Schedule 2, if that corresponding offence is one for which a person of full capacity and not previously convicted may be sentenced to F9 [ a maximum term of less than 10 years of imprisonment, ]

F10 [ ( e ) in the case of an offence that is a terrorist-linked activity referred to

(i) in paragraph (c) of the definition in section 4 of terrorist-linked activity

(I) on summary conviction, to a class A fine or imprisonment for a term not exceeding 12 months or both, or

(II) on conviction on indictment, to a fine or imprisonment for a term not exceeding 10 years or both,

(ii) in paragraph (d) of that definition, on conviction on indictment to a fine or imprisonment for a term not exceeding 10 years or both, and

(iii) in paragraph (e) of that definition, on conviction on indictment to a fine or imprisonment for a term not exceeding 10 years or both. ]

(2) A person guilty of an offence under section 6(1)(b) is liable on conviction to the penalty to which he or she would have been liable had the act that constitutes the offence been done in the State.

(3) In this section, “corresponding offence”, in relation to a person convicted of an offence under section 6(1)(a) , means the offence for which the person would have been liable to be convicted had the act constituting the offence under that section been committed in the State in the absence of the intent referred to in paragraph (b) of the definition in section 4 of “terrorist activity”.

Annotations

Amendments:

F9

Substituted (8.06.2015) by Criminal Justice (Terrorist Offences) (Amendment) Act 2015 (17/2015), s. 8(a), commenced as per s. 12(3).

F10

Inserted (8.06.2015) by Criminal Justice (Terrorist Offences) (Amendment) Act 2015 (17/2015), s. 8(b), commenced as per s. 12(3).