CRIMINAL LAW (EXTRATERRITORIAL JURISDICTION) ACT 2019

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Number 6 of 2019


CRIMINAL LAW (EXTRATERRITORIAL JURISDICTION) ACT 2019


CONTENTS

1. Definitions

2. Application of Act

3. Conduct engaged in outside State

4. Amendment of Criminal Justice (Mutual Assistance) Act 2008

5. Short title and commencement

SCHEDULE

Text of Council of Europe Convention on preventing and combating violence against women and domestic violence done at Istanbul on 11 May 2011


Acts Referred to

Criminal Justice (Mutual Assistance) Act 2008 (No. 7)

Criminal Law (Jurisdiction) Act 1976 (No. 14)

Criminal Law (Rape) (Amendment) Act 1990 (No. 32)

Mercantile Marine Act 1955 (No. 29)

Non-Fatal Offences against the Person Act 1997 (No. 26)


Number 6 of 2019


CRIMINAL LAW (EXTRATERRITORIAL JURISDICTION) ACT 2019


An Act to extend the criminal law of the State to certain conduct engaged in outside the State and in that regard to give effect to certain provisions of the Council of Europe Convention on preventing and combating violence against women and domestic violence done at Istanbul on 11 May 2011; for that purpose to amend the Criminal Justice (Mutual Assistance) Act 2008 ; and to provide for related matters.

[5th March , 2019]

Be it enacted by the Oireachtas as follows:

Definitions

1. In this Act—

“Act of 1976” means the Criminal Law (Jurisdiction) Act 1976 ;

“Act of 1990” means the Criminal Law (Rape) (Amendment) Act 1990 ;

“Convention state” means a state, other than the State, that is a party to the Council of Europe Convention on preventing and combating violence against women and domestic violence done at Istanbul on 11 May 2011;

“Irish ship” means an Irish ship within the meaning of section 9 of the Mercantile Marine Act 1955 ;

“Minister” means the Minster for Justice and Equality;

“relevant offence” means—

(a) an offence under section 3 , 4 , 5 , 9 or 10 of the Non-Fatal Offences against the Person Act 1997 ,

(b) sexual assault within the meaning of section 2 of the Act of 1990,

(c) aggravated sexual assault within the meaning of section 3 of the Act of 1990,

(d) rape, or

(e) rape under section 4 of the Act of 1990.

Application of Act

2. Where conduct constitutes an offence under section 2 of the Act of 1976 and an offence under section 3 of this Act, the Act of 1976 and not this Act shall apply.

Conduct engaged in outside State

3. (1) Where a person engages in conduct in a place outside the State that would, if it occurred in the State, constitute a relevant offence and the conduct occurs—

(a) on board an Irish ship, or

(b) on an aircraft registered in the State,

the person shall be guilty of an offence and shall be liable to be proceeded against and punished as if he or she were guilty of the relevant offence concerned.

(2) Where a person aids, abets, counsels or procures another person to engage in conduct—

(a) on board an Irish ship,

(b) on an aircraft registered in the State, or

(c) in a Convention state,

that would, if it occurred in the State, constitute a relevant offence, and such aiding, abetting, counselling or procuring occurs—

(i) in the State,

(ii) on board an Irish ship, or

(iii) on an aircraft registered in the State,

the first-mentioned person shall be guilty of an offence and shall be liable to be proceeded against and punished as if he or she were guilty of the relevant offence concerned.

(3) Where a person who is an Irish citizen or who is ordinarily resident in the State engages in conduct in a Convention state that—

(a) constitutes an offence in the Convention state, and

(b) would, if it occurred in the State, constitute a relevant offence,

the person shall be guilty of an offence and shall be liable to be proceeded against and punished as if he or she were guilty of the relevant offence concerned.

(4) Where a person who is an Irish citizen or who is ordinarily resident in the State aids, abets, counsels or procures another person to engage in conduct in a Convention state that would, if it occurred in the State, constitute a relevant offence, and such aiding, abetting, counselling or procuring—

(a) occurs in a Convention state, and

(b) constitutes an offence in the Convention state where it occurs,

the first-mentioned person shall be guilty of an offence and shall be liable to be proceeded against and punished as if he or she were guilty of the relevant offence concerned.

(5) Where a person, other than an Irish citizen, who is ordinarily resident in the State engages in conduct in a place outside the State that would, if the conduct occurred in the State, constitute murder or manslaughter, he or she shall be guilty of an offence and shall be liable to be proceeded against and punished as if he or she were guilty of murder or manslaughter, as the case may be.

(6) Where a person aids, abets, counsels or procures another person to engage in conduct in a place outside the State that would, if it occurred in the State, constitute murder or manslaughter, and such aiding, abetting, counselling or procuring occurs—

(a) in the State,

(b) on board an Irish ship,

(c) on an aircraft registered in the State, or

(d) in a place other than a place specified in paragraphs (a) to (c) and the first-mentioned person is—

(i) an Irish citizen, or

(ii) ordinarily resident in the State,

the first-mentioned person shall be guilty of an offence and shall be liable to be proceeded against and punished as if he or she were guilty of murder or manslaughter, as the case may be.

(7) Proceedings for an offence under this section may be taken in any place in the State and the offence may, for all incidental purposes, be treated as having been committed in that place.

(8) In any proceedings for an offence under this section—

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

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

shall be 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.

(9) A document purporting to be a certificate referred to in paragraph (a) or (b) of subsection (8) is deemed, unless the contrary is shown—

(a) to be such a certificate, and

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

(10) For the purposes of this section, a person shall be deemed to be ordinarily resident in the State if he or she had his or her principal residence in the State for the period of 12 months immediately preceding the alleged commission of the offence.

(11) Where a person has been acquitted of an offence in a place other than the State, he or she shall not be proceeded against for an offence under this section consisting of the alleged act or acts constituting the first-mentioned offence.

(12) Where a person has been convicted of an offence in a place other than the State, he or she shall not be proceeded against for an offence under this section consisting of the act or acts constituting the first-mentioned offence.

Amendment of Criminal Justice (Mutual Assistance) Act 2008

4. The Criminal Justice (Mutual Assistance) Act 2008 is amended—

(a) in section 2—

(i) in subsection (1)—

(I) in the definition of “international instrument”, by the insertion of the following paragraph after paragraph (j):

“(ja) the Istanbul Convention;”, and

(II) by the insertion of the following definition:

“ ‘Istanbul Convention’ means the Council of Europe Convention on preventing and combating violence against women and domestic violence done at Istanbul on 11 May 2011;”,

and

(ii) in subsection (6), by the insertion of the following paragraph after paragraph (j):

“(ja) Schedule 10A sets out the English text of the Istanbul Convention,”,

and

(b) by the insertion after Schedule 10 of Schedule 10A as set out in the Schedule to this Act.

Short title and commencement

5. (1) This Act may be cited as the Criminal Law (Extraterritorial Jurisdiction) Act 2019 .

(2) This Act shall come into operation on such day or days as the Minister may by order or orders appoint either generally or with reference to any particular purpose or provision and different days may be so appointed for different purposes or different provisions.

SCHEDULE

Text of Council of Europe Convention on preventing and combating violence against women and domestic violence done at Istanbul on 11 May 2011

“Schedule 10A

Text of Istanbul Convention

The member States of the Council of Europe and the other signatories hereto,

Recalling the Convention for the Protection of Human Rights and Fundamental Freedoms (ETS No. 5, 1950) and its Protocols, the European Social Charter (ETS No. 35, 1961, revised in 1996, ETS No. 163), the Council of Europe Convention on Action against Trafficking in Human Beings (CETS No. 197, 2005) and the Council of Europe Convention on the Protection of Children against Sexual Exploitation and Sexual Abuse (CETS No. 201, 2007);

Recalling the following recommendations of the Committee of Ministers to member States of the Council of Europe: Recommendation Rec(2002) 5 on the protection of women against violence, Recommendation CM/Rec(2007) 17 on gender equality standards and mechanisms, Recommendation CM/Rec(2010) 10 on the role of women and men in conflict prevention and resolution and in peace building, and other relevant recommendations;

Taking account of the growing body of case law of the European Court of Human Rights which sets important standards in the field of...

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