Criminal Law Act, 1976

JurisdictionIreland
CitationIR No. 32/1976


Number 32 of 1976


CRIMINAL LAW ACT, 1976


ARRANGEMENT OF SECTIONS

Section

1.

Definitions.

2.

Penalties for certain offences under Act of 1939.

3.

Incitement or invitation to join etc. an unlawful organisation.

4.

Amendment of section 25 of Act of 1939.

5.

Search warrants relating to commission of offences under Act of 1939 etc.

6.

Escape from custody.

7.

Power of Garda Síochána in relation to certain arrested persons.

8.

Power of Garda Síochána to search vehicles and persons in vehicles.

9.

Power to retain articles seized.

10.

Prohibition of possession of photographs etc. of certain buildings.

11.

Certain offences to be felonies.

12.

Prohibition of giving certain false information.

13.

Offence committed while serving sentence.

14.

Restriction of meaning of “document” in sections 13 and 14 of Act of 1939.

15.

Power of Defence Forces to arrest and search in certain circumstances.

16.

Short title and application.


Acts Referred to

State Act, 1939

1939, No. 13

Defence Act, 1954

1954, No. 18

Prisons Act, 1970

1970, No. 11.

Prisons Act, 1972

1972, No. 7.

Explosive Substances Act, 1883

1883, c. 3.

Criminal Law (Jurisdiction) Act, 1976

1976, No. 14.

Person Act, 1861

1861, c. 100.

Larceny Act, 1916

1916, c. 50.

Air Navigation and Transport Act, 1973

1973, No. 29.

Police (Property) Act, 1897

1897, c. 30.

Criminal Justice Act, 1951

1951, No. 2.


Number 32 of 1976


CRIMINAL LAW ACT, 1976


AN ACT TO AMEND THE CRIMINAL LAW. [24th September, 1976]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

Definitions.

1.—In this Act—

“the Act of 1939” means the Offences against the State Act, 1939 ;

“the Defence Forces” means the Permanent Defence Force within the meaning of the Defence Act, 1954 ;

“prison” includes Saint Patrick's Institution, any place provided under section 2 of the Prisons Act, 1970 , any place in which persons are kept in military custody pursuant to section 2 of the Prisons Act, 1972 , or any place specified to be used as a prison under section 3 of that Act, and “governor” and “prison officer” shall be construed accordingly;

“unlawful organisation” means an organisation which is an unlawful organisation within the meaning and for the purposes of the Act of 1939.

Penalties for certain offences under Act of 1939.

2.—(1) The maximum penalty for a felony under section 6 of the Act of 1939 shall be imprisonment for 20 years and, accordingly, section 6 (1) of that Act is hereby amended by the substitution of “to imprisonment for a term not exceeding 20 years” for “to suffer penal servitude for a term not exceeding ten years or to imprisonment for a term not exceeding two years”.

(2) The maximum penalty for a misdemeanour under section 6 of the Act of 1939 shall be imprisonment for 20 years and, accordingly, section 6 (2) of that Act is hereby amended by the substitution of “imprisonment for a term not exceeding 20 years” for “imprisonment for a term not exceeding two years”.

(3) The maximum penalty for a felony under section 7 of the Act of 1939 shall be imprisonment for 20 years and, accordingly, section 7 (1) of that Act is hereby amended by the substitution of “to imprisonment for a term not exceeding 20 years” for “to suffer penal servitude for a term not exceeding seven years or to imprisonment for a term not exceeding two years”.

(4) The maximum penalty for a misdemeanour under section 7 of the Act of 1939 shall be imprisonment for 20 years and, accordingly, section 7 (2) of that Act is hereby amended by the substitution of “imprisonment for a term not exceeding 20 years” for “imprisonment for a term not exceeding two years”.

(5) The maximum penalty for an offence under section 15 of the Act of 1939 shall be imprisonment for 15 years and, accordingly, section 15 (3) of that Act is hereby amended by the substitution of “15 years” for “two years”.

(6) The maximum penalty for an offence under section 21 of the Act of 1939 shall be, in the case of a conviction on indictment, imprisonment for 7 years and, accordingly, section 21 (2) of that Act is hereby amended by the substitution in paragraph (b) of “7 years” for “two years”.

(7) The maximum penalty for an offence under section 27 of the Act of 1939 shall be a fine of £500 or imprisonment for 12 months or both and, accordingly, section 27 (4) of that Act is hereby amended by the substitution of “£500” for “fifty pounds” and “12 months” for “three months”.

Incitement or invitation to join etc. an unlawful organisation.

3.—Any person who recruits another person for an unlawful organisation or who incites or invites another person (or other persons generally) to join an unlawful organisation or to take part in, support or assist its activities shall be guilty of an offence and shall be liable on conviction on indictment to imprisonment for a term not exceeding 10 years.

Amendment of section 25 of Act of 1939.

4.—Section 25 of the Act of 1939 is hereby amended—

(a) by the substitution of “12 months” for “three months” in subsections (1) and (2), and

(b) by the addition of the following subsection:

“(6) Whenever a closing order has been extended, a member of the Garda Síochána not below the rank of chief superintendent may extend the operation of such closing order for a further period or periods each of which shall not exceed 12 months, but a closing order shall not be in operation for more than three years.”.

Search warrants relating to commission of offences under Act of 1939 etc.

5.—The following section is hereby substituted for section 29 of the Act of 1939 :

“29.—(1) Where a member of the Garda Síochána not below the rank of superintendent is satisfied that there is reasonable ground for believing that evidence of or relating to the commission or intended commission of an offence under this Act or the Criminal Law Act, 1976, or an offence which is for the time being a scheduled offence for the purposes of Part V of this Act, or evidence relating to the commission or intended commission of treason, is to be found in any building or part of a building or in any vehicle, vessel, aircraft or hovercraft or in any other place whatsoever, he may issue to a member of the Garda Síochána not below the rank of sergeant a search warrant under this section in relation to such place.

(2) A search warrant under this section shall operate to authorise the member of the Garda Síochána named in the warrant, accompanied by any members of the Garda Síochána or the Defence Forces, to enter, within one week from the date of the warrant, and if necessary by the use of force, any building or part of a building or any vehicle, vessel, aircraft or hovercraft or any other place named in the warrant, and to search it and any person found there, and to seize anything found there or on such person.

(3) A member of the Garda Síochána or the Defence Forces acting under the authority of a search warrant under this section may—

(a) demand the name and address of any person found where the search takes place, and

(b) arrest without warrant any such person who fails or refuses to give his name and address when demanded, or gives a name or address which is false or misleading or which the member with reasonable cause suspects to be false or misleading.

(4) Any person who obstructs or attempts to obstruct any member of the Garda Síochána or the Defence Forces acting under the authority of a search warrant under this section or who fails or refuses to give his name and address when demanded, or gives a name or address which is false or misleading, shall be guilty of an offence and shall be liable—

(a) on summary conviction, to a fine not exceeding £500 or to imprisonment for a term not exceeding 12 months, or to both, or

(b) on conviction on indictment, to imprisonment for a term not exceeding 5 years.

(5) Any reference in subsection (1) of this section to an offence includes a reference to attempting or conspiring to commit the offence.”.

Escape from custody.

6.—(1) Any person who—

(a) aids any person in escaping or attempting to escape from lawful custody or, with intent to facilitate the escape of any person from lawful custody or enable a person after escape to remain unlawfully at large, or with intent to cause injury to persons or property in a place where a person is in lawful custody, conveys any article or thing into or out of such a place or to a person in such a place or places any article or thing inside or outside such a place, or

(b) makes, or takes part in, any arrangement for the purpose of enabling a person to escape from lawful custody, facilitating such an escape, enabling a person after escape to remain unlawfully at large, or causing injury to persons or property in a place where a person is in lawful custody,

shall be guilty of an offence and shall be liable on conviction on indictment to imprisonment for a term not exceeding 10 years.

(2) Any person who, contrary to any rules or regulations in force in relation to a prison, conveys or attempts to convey any article or thing into or out of the prison or to a person in the prison, or places any article or thing in any place inside or outside the prison with intent that it shall come into the possession of a person in the prison, shall be guilty of an offence and shall be liable—

(a) on summary conviction, to a fine not exceeding £500 or to imprisonment for a term not exceeding 12 months, or to both, or

(b) on conviction on indictment, to imprisonment for a term not exceeding 5 years.

(3) A prison officer may in the interests of security search any person at any time while he is in...

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