Criminal Law (Jurisdiction) Act , 1976

1 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.

2 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.

3 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 offence.

(3) A person guilty of an offence under this section shall be liable on conviction on indictment to imprisonment for a term not exceeding seven years.

4 Explosive substances.

4.—The Explosive Substances Act, 1883, is hereby amended by the substitution for sections 2 and 3 of the following sections:

“2.—A person who in the State or (being an Irish citizen) outside the State unlawfully and maliciously causes by an explosive substance an explosion of a nature likely to endanger life, or cause serious injury to property, shall, whether any injury to person or property is actually caused or not, be guilty of an offence and, on conviction on indictment, shall be liable to imprisonment for life.

3.—A person who in the State or (being an Irish citizen) outside the State unlawfully and maliciously—

(a) does any act with intent to cause, or conspires to cause, by an explosive substance an explosion of a nature likely to endanger life, or cause serious injury to property, whether in the State or elsewhere, or

(b) makes or has in his possession or under his control an explosive substance with intent by means thereof to endanger life, or cause serious injury to property, whether in the State or elsewhere, or to enable any other person so to do,

shall, whether any explosion does or does not take place, and whether any injury to person or property is actually caused or not, be guilty of an offence and, on conviction on indictment, shall be liable to imprisonment for a term not exceeding twenty years, and the explosive substance shall be forfeited.”

5 Robbery.

5.—The Larceny Act, 1916, is hereby amended by the substitution for section 23 of the following section:

“23. (1) A person is guilty of robbery if he steals, and immediately before or at the time of doing so, and in order to do so, he uses force on any person or puts or seeks to put any person in fear of being then and there subjected to force.

(2) A person guilty of robbery, or of an assault with intent to rob, shall be liable on conviction on indictment to imprisonment for life.”

6 Burglary.

6.—The Larceny Act, 1916, is hereby amended by the insertion after section 23 of the following section:

“23A. (1) A person is guilty of burglary if—

(a) he enters any building or part of a building as a trespasser and with intent to commit any such offence as is mentioned in subsection (2); or

(b) having entered any building or part of a building as a trespasser, he steals or attempts to steal anything in the building or that part of it, or inflicts or attempts to inflict on any person therein any grievous bodily harm.

(2) The offences referred to in subsection (1) (a) are offences of stealing anything in the building or part of a building in question, of inflicting on any person therein any grievous bodily harm or raping any woman therein and of doing unlawful damage to the building or anything therein.

(3) References in subsections (1) and (2) to a building shall apply also to an inhabited vehicle or vessel, and shall apply to any such vehicle or vessel at times when the person having a habitation in it is not there as well as at times when he is there.

(4) A person guilty of burglary shall be liable on conviction on indictment to imprisonment for a term not exceeding fourteen years.”

7 Aggravated burglary.

7.—The Larceny Act, 1916, is hereby amended by the insertion after section 23A (inserted by section 6) of the following section:

“23B. (1) A person is guilty of aggravated burglary if he commits any burglary and at the time has with him any firearm or imitation firearm, any weapon of offence or any explosive; and, for this purpose—

(a) ‘firearm’ includes an airgun or air pistol, and ‘imitation firearm’ means anything that has the appearance of being a firearm, whether capable of being discharged or not;

(b) ‘weapon of offence’ means any article made or adapted for use for causing injury to or incapacitating a person, or intended by the person having it with him for such use; and

(c) ‘explosive’ means any article manufactured for the purpose of producing a practical effect by explosion, or intended by the person having it with him for that purpose.

(2) A person guilty of aggravated burglary shall be liable on conviction on indictment to imprisonment for life.”

8 Possession of firearm or ammunition in suspicious circumstances.

8.—The Firearms Act, 1964, is hereby amended by the insertion after section 27 of the following section:

“27A. (1) A person who has a firearm or ammunition in his possession or under his control in such circumstances as to give rise to a reasonable inference that he has not got it in his possession or under his control for a lawful purpose shall, unless he has it in his possession or under his control for a lawful purpose, be guilty of an offence and shall be liable on conviction on indictment to imprisonment for a term not exceeding five years.

(2) In the application of section 2 of the Criminal Law (Jurisdiction) Act, 1976, to this section, it shall be presumed, unless the contrary is shown, that a purpose that is unlawful in the State is unlawful in Northern Ireland.”

9 Carrying firearm with criminal intent.

9.—The Firearms Act, 1964, is hereby amended by the insertion after section 27A (inserted by section 8) of the following section:

“27B. (1) A person who has with him a firearm or an imitation firearm with intent to commit an indictable offence, or to resist or prevent the arrest of himself or another, in either case while he has the firearm or imitation firearm with him, shall be guilty of an offence and shall be liable on conviction on indictment to imprisonment for a term not exceeding ten years.

(2) In proceedings for an offence under this section proof that the accused had a firearm or imitation firearm with him and intended to commit an indictable offence or to resist or prevent arrest is evidence that he intended to have it with him while doing so.”

10 Unlawful seizure of vehicles.

10.—(1) A person who unlawfully, by force or threat thereof, or by any other form of intimidation, seizes or exercises control of or otherwise interferes with the control of, or compels or induces some other person to use for an unlawful purpose, any vehicle (whether mechanically propelled or not) or any ship or hovercraft shall be guilty of an offence and shall be liable on conviction on indictment to imprisonment for a term not exceeding fifteen years.

(2) In the application of section 2 to this section, it shall be presumed, unless the contrary is shown, that a purpose that is unlawful in the State is unlawful in Northern Ireland.

(3) In this section—

“hovercraft” means a vehicle that is designed to be supported when in motion wholly or partly by air expelled from the vehicle to form a cushion of which the boundaries include the ground, water or other surface beneath the vehicle;

“ship” includes any boat or other vessel;

“vehicle” includes a railway train or any other railway vehicle.

11 Taking of evidence in Northern Ireland for criminal trial in State.

11.—(1) For the purposes of the trial by a special court established under Article 38. 3. 1 of the Constitution of an offence under section 2 or 3 or of any appeal in relation to the trial, the court of trial shall, at the request of the prosecution or the accused unless it is satisfied that it is not in the interests of justice to do so, and may of its own motion, and any appellate court may at such a request or of its own motion, by order provide for the issue of a letter of request to the Lord Chief Justice of Northern Ireland for the taking, in the presence of the members of the court making the order, of evidence in Northern Ireland by a judge of the High Court of Justice in Northern Ireland from a witness specified in the order.

(2) Where a court makes an order under this section, it shall inform the accused that—

(a) he has a right to be present in the custody of the police of Northern Ireland at the taking of the evidence referred to in the order and if he exercises the right he will be delivered in custody into the custody of the police of Northern Ireland,

(b) whether or not he is present at the taking of the evidence, he has a right to be represented by the counsel and solicitor (or the solicitor only) representing him in the court or by another counsel and solicitor (or by a solicitor only) entitled to practise in the State or entitled to practise in Northern Ireland,

(c) he may, if not represented by counsel or a solicitor, himself question the witness giving the evidence,

(d) while he is in custody in Northern Ireland for the purpose of the taking of the evidence, he will be immune from detention, and any kind of suit or legal process, in respect of any cause or matter, civil or criminal, arising before his arrival in Northern Ireland for the purpose aforesaid,

and, if the accused indicates to the court that he wishes to be present at the taking of the evidence, the court shall make an order directing that the accused be delivered when and so often as may be necessary into the custody of the police of Northern Ireland.

(3) (a) A statement of evidence of a witness taken in compliance with a letter of request under this section, and certified by the judge of the High Court of Justice in Northern Ireland who took it to be a true and accurate statement of the evidence so taken, shall, if all the members of the court were present throughout the taking of the evidence, be admissible at the trial or appeal concerned as evidence of any fact stated therein of which evidence would be admissible at the trial or appeal.

(b) A document purporting to be a certificate of a judge of the High Court of Justice in Northern Ireland and to be signed by him shall be deemed, for the purposes of this section, to be such a certificate and to be so signed unless the contrary is shown.

(4) A person in whose case an order is made under subsection (2)—

(a) shall be brought when and so often as may be necessary by the Garda Síochána to some convenient point of departure from the State and there delivered into the custody of the police of Northern Ireland and, if he is on bail, shall be taken into the custody of the Garda Síochána not more than 24 hours before the time of any such delivery and kept in such custody until that delivery is effected, and

(b) shall, on his return to the State upon the conclusion or any adjournment of the taking of the evidence to which the order relates, be taken into the custody of the Garda Síochána, and—

(i) if he is required pursuant to an order of any court to be kept in custody, be returned as soon as may be to that custody, and

(ii) if he is on bail, be thereupon released.

(5) An order under subsection (2) shall not operate to interrupt the currency of any sentence imposed in any other proceedings.

12 Taking of evidence in State for criminal trial in Northern Ireland.

12.—(1) Upon production by or on behalf of the Attorney General to the Chief Justice, sitting otherwise than in public, of a letter of request issued under provisions of the law of Northern Ireland corresponding to section 11 by a court in Northern Ireland for the taking of evidence in the State from a witness specified in the letter of request—

(a) the Chief Justice shall designate a judge of the High Court to take the evidence of the witness, and

(b) the judge so designated (hereinafter referred to as the Commissioner) shall take on oath (which he is hereby authorised to administer) the evidence of the witness.

(2) Subject to the provisions of this section, the Commissioner—