Criminal Law (Human Trafficking) Act 2008

7.

Jurisdiction.

7.— (1) Where a person who is an Irish citizen or ordinarily resident in the State does an act in a place other than the State that, if done in the State, would constitute an offence under section 2 or 4, or section 3 (other than subsections (2A) and (2B)) of the Act of 1998, he or she shall be guilty of an offence and shall be liable on conviction on indictment to a fine, or imprisonment for life, or both.

(2) Where a person does an act in relation to an Irish citizen in a place other than the State that, if done in the State, would constitute an offence under section 2 or 4, or section 3 (other than subsections (2A) and (2B)) of the Act of 1998, he or she shall be guilty of an offence and shall be liable on conviction on indictment to a fine, or imprisonment for life, or both.

(3) Where a person conspires with, or incites, in the State, another person to do an act in a place other than the State that, if done in the State, would constitute an offence under section 2 or 4, or section 3 (other than subsections (2A) and (2B)) of the Act of 1998, he or she shall be guilty of an offence and shall be liable on conviction on indictment to a fine, or imprisonment for life, or both.

(4) Where a person who is an Irish citizen or ordinarily resident in the State conspires with, or incites, in a place other than the State, another person to do an act in a place other than the State that, if done in the State, would constitute an offence under section 2 or 4, or section 3 (other than subsections (2A) and (2B)) of the Act of 1998, he or she shall be guilty of an offence and shall be liable on conviction on indictment to a fine, or imprisonment for life, or both.

(5) Where a person conspires with, or incites, in the State or in a place other than the State, another person to do an act in relation to an Irish citizen in a place other than the State that, if done in the State, would constitute an offence under section 2 or 4, or section 3 (other than subsections (2A) and (2B)) of the Act of 1998, he or she shall be guilty of an offence and shall be liable on conviction on indictment to a fine, or imprisonment for life, or both.

(6) Where a person conspires with, or incites, in a place other than the State, a person who is an Irish citizen or ordinarily resident in the State to do an act in a place other than the State that, if done in the State, would constitute an offence under section 2 or 4, or section 3 (other than subsections (2A) and (2B)) of the Act of 1998, he or she shall be guilty of an offence and shall be liable on conviction on indictment to a fine, or imprisonment for life, or both.

(7) Where a person attempts to commit an offence under subsection (1), (2), (3), (4), (5) or (6), he or she shall be guilty of an offence and shall be liable on conviction on indictment to a fine, or imprisonment for life, or both.

(8) For the purposes of this section a person shall be deemed to be ordinarily resident in the State if—

(a) he or she has had his or her principal residence in the State for the period of 12 months immediately preceding the alleged commission of the offence,

(b) it is a company registered under the Companies Acts, or

(c) in the case of any other body corporate, it is established under the law of the State.

Annotations

Editorial Notes:

E20

Video recordings of statements made by certain persons in interview with members of An Garda Síochána in relation to an offence under section deemed admissible by Criminal Evidence Act 1992 (12/1992), s. 16(1), as amended (9.08.2013) by Criminal Law (Human Trafficking) (Amendment) Act 2013 (24/2013), s. 4(b), commenced as per s. 5(2), and as amended by Criminal Law (Sexual Offences) Act 2017 (2/2017), s. 37, not commenced as of date of revision.

E21

Offence under section, insofar as it relates to an offence under s. 4, included in sch. 2 (offences against vulnerable persons for purposes of offence under s. 3) to Criminal Justice (Withholding of Information on Offences against Children and Vulnerable Persons) Act 2012 (24/2012) (1.08.2012) by Criminal Justice (Withholding of Information on Offences against Children and Vulnerable Persons) Act 2012 (24/2012), s. 3 and sch. 2 item 10(c), S.I. No. 281 of 2012.

E22

Offence under section, insofar as it relates to an offence under s. 2 or s. 3 (other than subsections (2A) and (2B)) of the Child Trafficking and Pornography Act 1998 (22/1998), included in sch. 1 (offences against children for purposes of offence under s. 2) to Criminal Justice (Withholding of Information on Offences against Children and Vulnerable Persons) Act 2012 (24/2012) (1.08.2012) by Criminal Justice (Withholding of Information on Offences against Children and Vulnerable Persons) Act 2012 (24/2012), s. 2 and sch. 1 item 15(c), S.I. No. 281 of 2012.

E23

Obligation imposed on Legal Aid Board to grant legal advice to a person who is an alleged victim of an offence under section by Civil Legal Aid Act 1995 (32/1995), s. 26(3B), as inserted (2.08.2011) by Civil Law (Miscellaneous Provisions) Act 2011 (23/2011), s. 3(a), commenced on enactment.