Criminal law (jurisdiction) act, 1976

• Act Number: 14
• Enactment Date: 06 May 1976

Number 14 of 1976
CRIMINAL LAW (JURISDICTION) ACT, 1976
ARRANGEMENT OF SECTIONS
Section 1. Interpretation. 2. Offences committed in Northern Ireland and related offences committed in State. 3. Escape from custody in Northern Ireland. 4. Explosive substances. 5. Robbery. 6. Burglary. 7. Aggravated burglary. 8. Possession of firearm or ammunition in suspicious circumstances. 9. Carrying firearm with criminal intent. 10. Unlawful seizure of vehicles. 11. Taking of evidence in Northern Ireland for criminal trial in State. 12. Taking of evidence in State for criminal trial in Northern Ireland. 13. Provisions relating to custody and immunity of persons in State for taking of evidence under section 12 and to persons unlawfully at large. 14. Option for trial in Northern Ireland. 15. Prevention of double jeopardy. 16. Right of audience. 17. Power to prohibit publication of names and addresses of witnesses. 18. Restriction of section 7 of Criminal Procedure Act, 1967. 19. Arrest without warrant. 20. Supplementary provisions. 21. Repeals, amendments and transitional provision. 22. Short title and commencement.
Schedule
Acts Referred to Air Navigation and Transport Act, 1973 1973, No. 29 Criminal Justice Act, 1960 1960, No. 27 Criminal Procedure Act, 1967 1967, No. 12 Criminal Justice Act, 1951 1951, No. 2 Extradition Act, 1965 1965, No. 17 Explosive Substances Act, 1883 1883, c. 3 Firearms Act, 1964 1964, No. 1 Firearms Act, 1925 1925, No. 17 Larceny Act, 1916 1916, c. 50 Malicious Damage Act, 1861 1861, c. 97 Offences against the Person Act, 1861 1861, c. 100 State Property Act, 1954 1954, No. 25
Number 14 of 1976
CRIMINAL LAW (JURISDICTION) ACT, 1976
AN ACT TO EXTEND THE CRIMINAL LAW OF THE STATE TO CERTAIN ACTS DONE IN NORTHERN IRELAND, TO PROVIDE FOR THE ADMISSION OF EVIDENCE OBTAINED BY THE EXAMINATION OF WITNESSES IN NORTHERN IRELAND AT TRIALS FOR OFFENCES IN RESPECT OF THOSE ACTS, TO ENABLE EVIDENCE TO BE OBTAINED BY THE EXAMINATION OF WITNESSES IN THE STATE FOR TRIALS IN NORTHERN IRELAND FOR CORRESPONDING OFFENCES UNDER THE LAW OF NORTHERN IRELAND IN RESPECT OF ACTS DONE IN THE STATE, TO REFORM THE CRIMINAL LAW IN OTHER RESPECTS AND TO PROVIDE FOR RELATED MATTERS. [6th May, 1976]
BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:
	Interpretation.	1.—(1) In this Act “prison” includes Saint Patrick's Institution (within the meaning of the Criminal Justice Act, 1960 ).
	(2) References in this Act to an act include references to an omission and references to the doing of an act include references to the making of an omission.
	(3) References in this Act to any enactment shall be construed as references to that enactment as amended or extended by any subsequent enactment, including this Act.
	(4) (a) A reference in this Act to a section or Schedule is a reference to a section of, or the Schedule to, this Act, unless it is indicated that reference to some other enactment is intended.
	(b) A reference in this Act to a subsection or paragraph is a reference to the subsection or paragraph of the provision in which the reference occurs unless it is indicated that reference to some other provision is intended.
	Offences committed in Northern Ireland and related offences committed in State.	2.—(1) Where a person does in Northern Ireland an act that, if done in the State, would constitute an offence specified in the Schedule, he shall be guilty of an offence and he shall be liable on conviction on indictment to the penalty to which he would have been liable if he had done the act in the State.
	(2) Where a person—
	(a) in the State or in Northern Ireland, aids, abets, counsels or procures the commission of an offence under subsection (1) or section 3, or
	(b) in Northern Ireland, aids, abets, counsels or procures the commission of an offence specified in the Schedule,
	he shall be guilty of, and may be indicted, tried and punished for, the relevant principal offence, and the following provisions of this Act relating to the commission of any such principal offence shall apply accordingly.
	(3) Where a person—
	(a) in the State or in Northern Ireland, attempts, conspires or incites another person to commit an offence under subsection (1) or section 3, or
	(b) in Northern Ireland, attempts, conspires or incites another person to commit an offence specified in the Schedule,
	he shall be guilty of an offence and he shall be liable on conviction on indictment to a penalty not greater than the penalty to which he would have been liable if he had been convicted of the relevant principal offence.
	(4) Where a person has committed an offence under subsection (1) or section 3 or attempted to commit any such offence, any other person who, in the State or in Northern Ireland, knowing or believing him to be guilty of the offence or attempt or of some other such offence or attempt, does without reasonable excuse any act with intent to impede his apprehension or prosecution in the State or in Northern Ireland shall be guilty of an offence.
	(5) If, upon the trial on indictment of an offence under subsection (1) or section 3 or an attempt to commit any such offence, it is proved that the offence charged (or some other offence of which the accused might on that charge be found guilty) was committed, but the accused is found not guilty of it, the accused may be found guilty of any offence under subsection (4) of which it is proved that he is guilty in relation to the offence charged (or that other offence).
	(6) Where a person has committed an offence specified in the Schedule or attempted to commit any such offence, any other person who, in Northern Ireland, knowing or believing him to be guilty of the offence or attempt or of some other such offence or attempt, does without reasonable excuse any act with intent to impede his apprehension or prosecution in the State or in Northern Ireland shall be guilty of an offence.
	(7) If, upon the trial on indictment of an offence specified in the Schedule or an attempt to commit any such offence, it is proved that the offence charged (or some other offence of which the accused might on that charge be found guilty) was committed, but the accused is found not guilty of it, the accused may be found guilty of any offence under subsection (6) of which it is proved that he is guilty in relation to the offence charged (or that other offence).
	(8) A person committing an offence under subsection (4) or (6) with intent to impede another person's apprehension or prosecution shall be liable on conviction on indictment to imprisonment according to the gravity of the offence that the other person has committed or attempted to commit, as follows:
	(a) in case that offence is murder, he shall be liable to imprisonment for a term not exceeding ten years;
	(b) in case it is one for which a person (of full age and capacity and not previously convicted) may be sentenced to imprisonment for a term of fourteen years, he shall be liable to imprisonment for a term not exceeding seven years;
	(c) in case it is not one included in paragraph (a) or (b) but is one for which a person (of full age and capacity and not previously convicted) may be sentenced to imprisonment for a term of ten years, he shall be liable to imprisonment for a term not exceeding five years;
	(d) in any other case, he shall be liable to imprisonment for a term not exceeding three years.
	(9) The enactments and rules of law as to when a person charged with an offence committed in the State may be convicted of another offence shall apply so as to enable a person charged with an offence under subsection (1) to be convicted of another offence, being an offence under that subsection, or of attempting to commit the offence charged or that other offence, and so as to enable a person charged with an offence under section 3 to be convicted of attempting to commit that offence.
	Escape from custody in Northern Ireland.	3.—(1) (a) A person who, in Northern Ireland, is charged with or convicted of—
	(i) an offence under the law of Northern Ireland consisting of acts (whether done in the State or in Northern Ireland) that also constitute an offence specified in the Schedule or an offence under section 2, or
	(ii) an offence under the law of Northern Ireland corresponding to this section,
	and who escapes from any lawful custody in which he is held in Northern Ireland shall be guilty of an offence.
	(b) The reference in paragraph (a) to an offence specified in the Schedule includes aiding, abetting, counselling or procuring the commission of an offence there specified, attempting, conspiring or inciting another person to commit an offence there specified or an offence of doing without reasonable excuse any act with intent to impede the apprehension or prosecution of a person who has, and whom the person in question knows or believes to have, committed an offence there specified.
	(c) The reference in paragraph (a) to lawful custody is a reference to any lawful custody in which the person concerned is held, for the purpose of the proceedings in relation to the offence under the law of Northern Ireland referred to in paragraph (a), at any time between the bringing of a charge in relation to that offence and the conclusion of his trial (including any appeal or retrial) for that offence or in which he is held while serving a sentence imposed on his conviction for that offence.
	(2) A person who escapes from lawful custody while in Northern Ireland pursuant to an order under section 11 (2) shall be guilty of an...