Illegal Immigrants (Trafficking) Act, 2000

JurisdictionIreland
CitationIR No. 29/2000
Year2000


Number 29 of 2000


ILLEGAL IMMIGRANTS (TRAFFICKING) ACT, 2000


ARRANGEMENT OF SECTIONS

Section

1.

Interpretation.

2.

Trafficking in illegal immigrants.

3.

Power to detain certain vehicles.

4.

Forfeiture of ship, aircraft or other vehicle.

5.

Judicial review.

6.

Amendment of section 8 of Criminal Law Act, 1976.

7.

Entry, search and seizure.

8.

Amendment of Schedule to Bail Act, 1997.

9.

Amendment of Refugee Act, 1996.

10.

Amendment of Immigration Act, 1999.

11.

Offences by bodies corporate.

12.

Expenses.

13.

Short title and commencement.


Acts Referred to

Bail Act, 1997

1997, No. 16

Civil Service Commissioners Act, 1956

1956, No. 46

Consumer Credit Act, 1995

1995, No. 24

Criminal Law Act, 1976

1976, No. 32

Firearms and Offensive Weapons Act, 1990

1990, No. 12

Immigration Act, 1999

1999, No. 22

Refugee Act, 1996

1996, No. 17

Road Traffic Act, 1961

1961, No. 24

Road Traffic (Amendment) Act, 1984

1984, No. 16


Number 29 of 2000


ILLEGAL IMMIGRANTS (TRAFFICKING) ACT, 2000


AN ACT TO PROHIBIT TRAFFICKING IN ILLEGAL IMMIGRANTS AND TO AMEND THE REFUGEE ACT, 1996, AND THE IMMIGRATION ACT, 1999, AND TO PROVIDE FOR RELATED MATTERS. [28th August, 2000]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

Interpretation.

1.—(1) In this Act, except where the context otherwise requires—

“illegal immigrant” means a non-national who enters or seeks to enter or has entered the State unlawfully;

“Minister” means the Minister for Justice, Equality and Law Reform;

“vehicle” includes any ship, boat, aircraft or mechanically propelled vehicle within the meaning of the Road Traffic Act, 1961 .

(2) In this Act—

(a) a reference to a section is a reference to a section of this Act, unless it is indicated that reference to some other provision is intended,

(b) a reference to a paragraph or subparagraph is a reference to a paragraph or subparagraph of the provision in which the reference occurs, unless it is indicated that reference to some other provision is intended, and

(c) a reference to any enactment shall be construed as a reference to that enactment as amended, adapted or extended by or under any subsequent enactment.

Trafficking in illegal immigrants.

2.—(1) A person who organises or knowingly facilitates the entry into the State of a person whom he or she knows or has reasonable cause to believe to be an illegal immigrant or a person who intends to seek asylum shall be guilty of an offence and shall be liable—

(a) on summary conviction, to a fine not exceeding £1,500 or to imprisonment for a term not exceeding 12 months or to both,

(b) on conviction on indictment, to a fine or to imprisonment for a term not exceeding 10 years or to both.

(2) Subsection (1) shall not apply—

(a) to anything done by a person otherwise than for gain, or

(b) to anything done to assist a person seeking asylum by a person in the course of his or her employment by a bona fide organisation if the purposes of that organisation include giving assistance to persons seeking asylum.

(3) Subsection (1) shall apply to acts done or omissions made outside, as well as to acts done or omissions made, in the State.

Power to detain certain vehicles.

3.—(1) Where a member of the Garda Síochána arrests a person for an offence under section 2 and a vehicle is suspected of having been used by the person for the purpose of committing or facilitating the commission of the offence, the member may detain the vehicle with its equipment, fittings and furnishings for a period not exceeding 48 hours.

(2) At any time before the expiry of the period referred to in subsection (1), on application to it in that behalf by a member of the Garda Síochána, the Court, if it is satisfied—

(a) that the person referred to in subsection (1) has been or is about to be charged with an offence under section 2 ,

(b) that there are reasonable grounds for believing that the vehicle is one which could on conviction on indictment of the person of that offence, and having regard to subsection (6) of section 4 , be the subject of a forfeiture order under section 4 , and

(c) that there are reasonable grounds for believing that the vehicle would be removed from the State or sold or otherwise disposed of before the determination of the proceedings for that offence,

may make an order authorising the further detention of the vehicle by the Garda Síochána for such period, not exceeding 3 months, as may be specified in the order.

(3) The Court may from time to time, if it is satisfied in relation to the matters referred to in paragraphs (a), (b) and (c) of subsection (2), on application to it in that behalf by a member of the Garda Síochána before the expiration of the period specified in an order under this section, make an order authorising the detention of the vehicle by the Garda Síochána for such further period not exceeding 3 months as may be specified in the order.

(4) A vehicle shall not be detained under this section for periods exceeding in total 2 years and the detention of a vehicle under this section shall cease if the proceedings concerned are summary or are discontinued or if the person concerned is acquitted of the charge concerned.

(5) At any time while a vehicle is being detained by virtue of this section, a person specified in paragraph (a), (b) or (c) of section 4 (2) may apply to the Court for its release and the Court may—

(a) order the release of the vehicle unconditionally if it is satisfied that the matters referred to in subsection (2) no longer apply,

(b) on such security being given as it considers satisfactory, release the vehicle subject to the condition that it will be delivered up to the Garda Síochána if—

(i) the person concerned is convicted of the offence charged, and

(ii) an order for its forfeiture is made under section 4 ,

(c) order the release of the vehicle subject to such other conditions as it considers appropriate, including a condition that the vehicle is not removed from the State, sold or otherwise disposed of, pending the determination of the proceedings for the offence, or

(d) if the vehicle has been detained under this section and subsequently released on the giving of security under paragraph (b) and has been sold, destroyed or otherwise disposed of without the leave of the Court, order the forfeiture of the security.

(6) In this section, “Court” means—

(a) if the person concerned has not been charged with an offence under section 2 or if he or she has been so charged and proceedings for the offence have not commenced, the District Court, or

(b) if he or she has been so charged and the proceedings concerned have commenced, the court hearing the proceedings.

Forfeiture of ship, aircraft or other vehicle.

4.—(1) Where a person is convicted on indictment of an offence under section 2 and a vehicle was used by the person for the purpose of committing or facilitating the commission of the offence, the court concerned may, in addition to or instead of any penalty that it may impose under section 2 , order the vehicle with its equipment, fittings and furnishings, or the appropriate share thereof, to be forfeited to the State and may make such other orders as it considers necessary or expedient for the purpose of giving effect to the forfeiture.

(2) Subsection (1) shall not apply to a person unless the person convicted is—

(a) the owner of, or of a share in, the vehicle concerned, or

(b) a director or manager of a company which is the owner of, or of a share in, the vehicle concerned, or

(c) subject to subsection (3), the captain, driver or other person in charge of the vehicle concerned.

(3) In a case where the person convicted is the captain, driver or other person in charge of the vehicle concerned, subsection (1) shall not apply unless the persons referred to in paragraph (a) or (b) knew or could with reasonable diligence have discovered that the vehicle was being used for the purpose of the commission of an offence under section 2 .

(4) Whenever an order is made under this section, a member of the Garda Síochána may, for the purpose of giving effect thereto—

(a) seize and detain the vehicle concerned, and

(b) do such other things as are authorised by the order or are necessary for the purpose aforesaid.

(5) A court shall not order a vehicle to be forfeited under this section in a case where a person claiming to be the owner of it or otherwise interested in it applies to be heard by the court, unless an opportunity has been given to the person to show cause why the order should not be made.

(6) In considering whether to make an order under this section a court shall have regard—

(a) to the value of the property, and

(b) to the likely financial and other effects on the person whose property it is proposed to forfeit of the making of the order (taken together with any other order that the court contemplates making).

(7) A court may, in making an order under this section, include such provisions in that order, or, as the case may require, may make an order supplemental to that order that contains such provisions, as appear to it to be necessary to protect any interest in the property, the subject of the order, of a person other than the person in respect of whom subsection (1) applies.

(8) An order under this section shall not take effect until the ordinary time for instituting an appeal against the order or the conviction concerned has expired or, where such an appeal is instituted, until it or any further appeal is finally decided or abandoned or the ordinary time for instituting any further appeal...

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