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Criminal Justice (Terrorist Offences) Act 2005
Penalties for terrorist offences.
7.—(1) F19[Subject to subsections (2C), (2D), (2E), (2F) and (2G), 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) F19[subject to paragraph (f), 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 F20[a maximum term of less than 10 years of imprisonment,]
F21[(e) in the case of an offence that is a terrorist-linked activity referred to—
(i) in F19[paragraph (e)] 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 F19[paragraph (f)] of that definition, on conviction on indictment to a fine or imprisonment for a term not exceeding 10 years or both, and
(iii) in F19[paragraph (g)] of that definition, on conviction on indictment to a fine or imprisonment for a term not exceeding 10 years or both.
F22[(iv) in paragraph (h) or (i) of that definition, on conviction on indictment to a fine or imprisonment for a term not exceeding 10 years or both.]]
F22[(f) in the case of an offence consisting of an act referred to in paragraph (c) of the definition of “terrorist activity” committed by a person who—
(i) when committing that offence, was also committing an offence under section 6 of the Offences Against the State (Amendment) Act 1998, and
(ii) by virtue of the said paragraph (d) would, but for this paragraph, be liable to a maximum term of imprisonment of less than 8 years,
to imprisonment for a term not exceeding 8 years.]
(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.
F22[(2A) Where a person is convicted of an offence under paragraph (a) of subsection (1) of section 6 consisting of recruitment for terrorism of a person who, at the time of the commission of the offence, was under the age of 18 years, the court may, when imposing sentence for the offence, treat as an aggravating factor the fact that the second-mentioned person was under that age when the first-mentioned person committed the offence.
(2B) Where a person is convicted of an offence under paragraph (a) of subsection (1) of section 6 consisting of providing training for terrorism to a person who, at the time of the commission of the offence, was under the age of 18 years, the court may, when imposing sentence for the offence, treat as an aggravating factor the fact that the second-mentioned person was under that age when the first-mentioned person committed the offence.]
F22[(2C) A body corporate guilty of an offence under section 6 shall be liable on conviction on indictment to a fine of such amount as, having regard to the gravity of the offence, the court considers appropriate.
(2D) A person guilty of an offence under subparagraph (ii) of paragraph (a) of subsection (1) of section 6 of attempting to commit the offence under subparagraph (i) of the said paragraph (a) of engaging in a terrorist activity shall be liable on conviction to the penalty to which he or she would be liable if he or she were convicted of the second mentioned offence.
(2E) A person guilty of an offence under subparagraph (iia) of paragraph (a) of subsection (1) of section 6 of attempting to commit the offence under subparagraph (i) of the said paragraph (a) of engaging in a terrorist-linked activity shall be liable on conviction to the penalty to which he or she would be liable if he or she were convicted of the second-mentioned offence.
(2F) A person guilty of an offence—
(a) under subparagraph (i) of paragraph (a) of subsection (1) of section 6, and
(b) that consists of a threat to commit an offence (in this subsection referred to as the “threatened offence”) referred to in paragraph (c) of the definition of “terrorist activity” with the intention referred to in that paragraph,
shall be liable on conviction to the penalty to which he or she would be liable if he or she were convicted under the said subparagraph (i) of the threatened offence.
(2G) A person guilty of an offence—
(a) under subparagraph (i) of paragraph (a) of subsection (1) of section 6, and
(b) that consists of a threat to commit an act (in this subsection referred to as the “threatened act”) referred to in paragraph (c) of the definition of “terrorist activity” with the intention referred to in that paragraph,
shall be liable on conviction to the penalty to which he or she would be liable if he or she were convicted under the said subparagraph (i) of the offence consisting of the threatened act.]
F19[(3) In this section “corresponding offence” means—
(a) in relation to an offence (in this paragraph referred to as the “first mentioned offence”) under subparagraph (i) of paragraph (a) of subsection (1) of section 6 consisting of engaging in a terrorist activity, the offence (in this paragraph referred to as the “second-mentioned offence”) specified in Part 1 of Schedule 2 that consists of the act of which the first-mentioned offence consists, notwithstanding that it is not a component element of the second-mentioned offence that that act be done with the intention specified in the definition of “terrorist activity”, and
(b) in relation to an offence (in this paragraph referred to as the “first-mentioned offence”) under subparagraph (i) of paragraph (a) of subsection (1) of section 6 consisting of engaging in a terrorist-linked activity, the offence (in this paragraph referred to as the “second-mentioned offence”) specified in Part 2 or 3 of Schedule 2 that consists of the act of which the first-mentioned offence consists, notwithstanding that it is not a component element of the second-mentioned offence that that act be done with a view to engaging in a terrorist activity or committing any other offence.]
Annotations
Amendments:
F19
Substituted (8.07.2026) by Criminal Justice (Terrorist Offences) (Amendment) Act 2026 (19/2026), s. 8(a)(i)-(iii), (d), commenced as per s. 13(3).
F20
Substituted (8.06.2015) by Criminal Justice (Terrorist Offences) (Amendment) Act 2015 (17/2015), s. 8(a), commenced as per s. 12(3).
F21
Inserted (8.06.2015) by Criminal Justice (Terrorist Offences) (Amendment) Act 2015 (17/2015), s. 8(b), commenced as per s. 12(3). A class A fine means a fine not exceeding €5,000 as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3, 4(1), S.I. No. 662 of 2010.
F22
Inserted (8.07.2026) by Criminal Justice (Terrorist Offences) (Amendment) Act 2026 (19/2026), s. 8(a)(iv), (a)(v), (b), (c), commenced as per s. 13(3).