Criminal Justice (Terrorist Offences) Act 2005

• “(9A) For the purposes of the provisions of this Act relating to an offence of financing terrorism, a gift (including a gift made before the commencement of section 8A of this Act) is caught by this Act if—

  • (a) it was made by the defendant at any time since the beginning of a period of 6 years ending when proceedings in respect of that offence were instituted against the defendant, or

  • (b) it was made by the defendant at any time and was a gift of property—

    • (i) which was received by the defendant in connection with an offence of financing terrorism committed by the defendant or another person, or

    • (ii) which in whole or in part directly or indirectly represented in the defendant's hands funds received by the defendant in connection with an offence of financing terrorism.”;

• (h) in subsection (16)(g) by substituting “an application under section 7, 8D or 13 of this Act” for “an application under section 7 or 13 of this Act”;

• (i) in subsection (16)(h) by substituting “an application under section 8, 8E or 18 of this Act” for “an application under section 8 or 18 of this Act”.

22. Amendment of Part II of Act of 1994 — new sections 8A to 8E.

22.—Part II of the Act of 1994 is amended by inserting the following after section 8:

“Confiscation orders relating to offence of financing terrorism.	8A.—(1) Where a person has been sentenced or otherwise dealt with by a court in respect of one or more offences of financing terrorism of which that person has been convicted, the Director of Public Prosecutions may make, or cause to be made, an application to the court to determine whether the convicted person holds funds subject to confiscation. (2) For the purposes of this Act, funds subject to confiscation are— (a) funds used or allocated for use in connection with an offence of financing terrorism, or (b) funds that are the proceeds of such an offence. (3) An application under subsection (1) of this section may be made at the conclusion of the proceedings at which the person is sentenced or otherwise dealt with or at a later stage in the proceedings. (4) An application under subsection (1) of this section shall not be made unless it appears to the Director of Public Prosecutions that the person in question holds funds subject to confiscation. (5) If the court determines that the person in question holds funds subject to confiscation, the court shall— (a) determine in accordance with section 8C of this Act the amount to be recovered in that person's case by virtue of this section, and (b) make a confiscation order under this section requiring the person to pay that amount. (6) The standard of proof applicable in civil proceedings is the standard required to determine a question arising under this Act as to— (a) whether a person holds funds subject to confiscation, and (b) the amount to be recovered in that person's case by virtue of this section.
Assessing the value of funds subject to confiscation.	8B.—(1) For the purposes of this Act, the value of the funds that are subject to confiscation is the aggregate of the values of those funds held by the defendant. (2) For the purpose of assessing the value of funds subject to confiscation, the court shall, subject to subsection (3) of this section, make the following assumptions: (a) that any funds appearing to the court— (i) to have been held by the defendant at any time since the conviction, or (ii) to have been transferred to the defendant at any time since the beginning of the period of six years ending when the proceedings were instituted against the defendant, were received or collected by the defendant, at the earliest time at which the defendant appears to the court to have held them, for use (whether or not used) in connection with the offence of financing terrorism or as the proceeds of such offence; (b) that any expenditure of the defendant since the beginning of that period was met out of funds subject to confiscation; (c) that the funds subject to confiscation are held by the defendant free of any other interests in them. (3) The court shall not make an assumption set out in subsection (2) of this section if— (a) that assumption is shown to be incorrect in the case of the defendant, or (b) the court is satisfied that there would be a serious risk of injustice in that case were the assumption made. (4) Where the court does not apply one or more of the assumptions set out in subsection (2) of this section, it shall state its reasons. (5) For the purpose of assessing the value of funds subject to confiscation in a case where a confiscation order has previously been made against the defendant, the court shall not take into account any of that defendant's funds subject to confiscation that are shown to the court to have been taken into account in determining the amount to be recovered under the confiscation order.
Amount to be recovered under a confiscation order made under section 8A.	8C.—(1) Subject to subsection (2) of this section, where a confiscation order has been made under section 8A of this Act, the amount to be recovered under the order shall be equal to the amount assessed by the court to be the value of the defendant's funds subject to confiscation. (2) If the court is satisfied that the amount that might be realised at the time the confiscation order is made is less than the amount the court assesses to be the value of the funds subject to confiscation, the amount to be recovered in the defendant's case under the confiscation order shall be the amount appearing to the court to be the amount that might be so realised.
Re-assessment of whether defendant holds funds subject to confiscation.	8D.—(1) This section applies where an application has previously been made to the court under section 8A of this Act and the court has determined that the defendant did not hold funds subject to confiscation. (2) The Director of Public Prosecutions may make, or cause to be made, an application to the court for it to consider evidence— (a) which was not considered by the court in making the determination referred to in subsection (1) of this section, and (b) which, had it been considered, the Director of Public Prosecutions believes would have led the court to determine that the defendant held funds subject to confiscation. (3) If, having considered the evidence, the court is satisfied that, had that evidence been available to it, it would have determined that the defendant held funds subject to confiscation, the court— (a) shall— (i) make a fresh determination of whether the defendant holds funds subject to confiscation, and (ii) make a determination under section 8A(5) of this Act of the amount to be recovered by virtue of that section, and (b) may make a confiscation order under section 8A(5) of this Act. (4) In considering an application under this section, the court may take into account any funds held by the defendant on or after the date of the determination referred to in subsection (1) of this section, but only if the Director of Public Prosecutions shows that the funds relate to an offence of financing terrorism committed on or before that date by the defendant or another person. (5) In considering any evidence under this section relating to any funds to which subsection (4) applies, the court shall not make the assumptions which would otherwise be required under section 8B of this Act. (6) No application shall be entertained by the court under this section if it is made after the end of the period of six years beginning with the date on which the defendant was convicted.
Revised assessment of funds subject to confiscation.	8E.—(1) This section applies where a court has made a determination (referred to in this section as ‘the current determination’) under section 8A(5) of this Act of the amount to be recovered in a particular case by virtue of that section. (2) Where the Director of Public Prosecutions is of the opinion that the real value of the defendant's funds subject to confiscation was greater than their assessed value, the Director of Public Prosecutions may make, or cause to be made, an application to the court for the evidence on which that opinion was formed to be considered by the court. (3) In subsections (2) and (4) of this section— ‘assessed value’ means the value of the defendant's funds subject to confiscation as assessed by the court under section 8C(1) of this Act; ‘real value’ means the value of the defendant's funds subject to confiscation which relate to an offence of financing terrorism committed either in the period by reference to which the current determination was made or in any earlier period. (4) If, having considered the evidence, the court is satisfied that the real value of the defendant's funds subject to confiscation is greater than their assessed value (whether because their real value was higher at the time of the current determination than was thought or because the value of the funds subject to confiscation has subsequently increased), the court shall make a fresh determination under section 8A(5) of this Act of the amount to be recovered by virtue of that section. (5) Any determination under section 8A(5) of this Act by virtue of this section shall be by reference to the amount that might be realised at the time the determination is made. (6) For any determination under section 8A(5) of this Act by virtue of this section, section 8B(5) of this Act shall not apply in relation to any of the defendant's funds subject to confiscation that were taken into account in respect of the current determination. (7) In relation to a determination under section 8A(5) of this Act by virtue of this section— (a) section 3(2) of this Act shall have effect as if for ‘a confiscation order is made against the defendant’ there were substituted ‘of the determination’, (b) sections 3(8), 10(5)(a) and 12(4) of this Act shall have effect as if for ‘confiscation order’ there were substituted ‘determination’, and (c) section 8C(2) of this Act shall have effect as if for ‘confiscation order is made’ there were substituted ‘determination is made’. (8) The court may take into account any funds held by the defendant on or after the date of the current determination, but only if the Director of Public Prosecutions shows that the funds relate to an offence of financing terrorism committed before that date by the defendant or another person. (9) In considering any evidence relating to any funds to which subsection (8) applies, the court shall not make the assumptions which would otherwise be required by section 8B of this Act. (10) If, as a result of making the fresh determination required by subsection (4) of this section, the amount to be recovered exceeds the amount set by the current determination, the court may substitute for the amount to be recovered under the confiscation order which was made by reference to the current determination such greater amount as it thinks just in all the circumstances of the case. (11) No application shall be entertained by the court under this section if it is made after the end of the period of six years beginning with the date on which the defendant was convicted.”.

23. Amendment of section 9 of Act of 1994.

23.—Section 9 of the Act of 1994 is amended as follows:

• (a) in subsection (1) by substituting “, other than a drug trafficking offence or an offence of financing terrorism,” for “, other than a drug trafficking offence,”,

• (b) in subsection (2) by substituting “(not being a drug trafficking offence or an offence of financing terrorism)” for “(not being a drug trafficking offence)”, and

• (c) in subsection (4) by substituting “, other than a drug trafficking offence or an offence of financing terrorism,” for “other than a drug trafficking offence”.

24. Amendment of section 10 of Act of 1994.

24.—Section 10 of the Act of 1994 is amended as follows:

• (a) by substituting the following for subsection (1) (amended by section 27 of the Criminal Justice Act 1999):

• “(1) Where a defendant accepts to any extent an allegation in a statement that—

  • (a) is tendered by or on behalf of the Director of Public Prosecutions to a court that is engaged in a determination under section 4 of this Act as to whether a person has benefited from drug trafficking or as to any amount to be recovered by virtue of that section or to a court that is considering an application under section 7, 8, 8A, 8D, 8E or 9 of this Act, and

  • (b) concerns any matter relevant—

    • (i) to the determination of whether the defendant—

      • (I) in the case of a conviction for a drug trafficking offence, has benefited from drug trafficking,

      • (II) in the case of a conviction for an offence of financing terrorism, holds funds subject to confiscation, or

      • (III) in the case of a conviction for an offence other than a drug trafficking offence or an offence of financing terrorism, has benefited as mentioned in section 9(4) of this Act,

      or

    • (ii) to the assessment of the value of the defendant's proceeds of drug trafficking, the value of the funds subject to confiscation or the value of the defendant's benefits as mentioned in section 9(4) of this Act, as the case may be,

    the court may, for the purposes of that determination or assessment, treat the defendant's acceptance as conclusive of the matters to which it relates.”;

• (b) by substituting the following for subsection (4):

• “(4) A defendant who fails in any respect to comply with a requirement under subsection (3) of this section may be treated for the purposes of this section as accepting every allegation in the statement other than—

  • (a) any allegation in respect of which the defendant has complied with the requirement, and

  • (b) any allegation that—

    • (i) in the case of a conviction for one or more drug trafficking offences, the defendant has benefited from drug trafficking or that any payment or reward was received by the defendant in connection with drug trafficking carried on by the defendant or another person,

    • (ii) in the case of a conviction for one or more offences of financing terrorism, the defendant holds funds subject to confiscation, or

    • (iii) in the case of a conviction for one or more offences, other than a drug trafficking offence or an offence of financing terrorism, the defendant benefited from the offence or property was obtained from the defendant as a result of or in connection with the commission of an offence.”;

• (c) by substituting the following for subsection (8):

• “(8) No acceptance by the defendant under this section of an allegation that—

  • (a) any payment or other reward was received by the defendant in connection with drug trafficking carried on by the defendant or another person,

  • (b) the defendant holds funds subject to confiscation, or

  • (c) the defendant has benefited from an offence other than a drug trafficking offence or an offence of financing terrorism,

  shall be admissible in evidence in any proceedings for an offence.”.

25. Amendment of section 11 of Act of 1994.

25.—Section 11(1) of the Act of 1994 (inserted by section 28 of the Criminal Justice Act 1999) is amended by substituting the following for paragraph (b):

• “(b) an application has been made to a court under section 7, 8, 8A, 8D, 8E or 9 of this Act.”.

26. Amendment of section 12 of Act of 1994.

26.—Section 12 of the Act of 1994 is amended as follows:

• (a) in subsection (1) by substituting “(but not when considering whether to make such an order under section 4 or 8A of this Act)” for “(but not when considering whether to make an order under section 4 of this Act)”;

• (b) in subsection (4) by substituting the following paragraphs for paragraph (b):

• “(b) (in the case of a conviction for one or more offences of financing terrorism) the value of the defendant's funds subject to confiscation, or

• (c) (in the case of a conviction for an offence or offences other than a drug trafficking offence or an offence of financing terrorism) the value of the defendant's benefit from the offence or offences in respect of which the order may be made.”.

27. Amendment of section 13 of Act of 1994.

27.—Section 13 of the Act of 1994 is amended as follows:

• (a) by substituting the following for subsection (2):

• “(2) The High Court may exercise the powers of a court under section 4, 8A or 9 of this Act to make a confiscation order against the defendant in the case of a conviction for a drug trafficking offence, an offence of financing terrorism or an offence other than a drug trafficking offence or an offence of financing terrorism if—

  • (a) the Director of Public Prosecutions asks the High Court to proceed under this section, and

  • (b) the High Court is satisfied that the defendant has died or absconded.”;

• (b) by substituting the following for subsection (4):

• “(4) The High Court may exercise the powers of a court under section 4, 8A or 9 of this Act to make a confiscation order against the defendant if—

  • (a) the relevant proceedings have been instituted in respect of a drug trafficking offence, an offence of financing terrorism or an offence other than a drug trafficking offence or an offence of financing terrorism,

  • (b) the Director of Public Prosecutions asks the High Court to proceed under this section, and

  • (c) the High Court is satisfied that the defendant has absconded.”;

• (c) in subsection (6) by substituting the following for paragraph (a):

• “(a) sections 5(2), 8B(2), 10(3) and 10(4) of this Act shall not apply,”.

28. Amendment of section 17 of Act of 1994.

28.—Section 17 of the Act of 1994 is amended as follows:

• (a) in subsection (2) by substituting the following for paragraph (a):

• “(a) the value of the defendant's—

  • (i) proceeds of drug trafficking,

  • (ii) funds subject to confiscation, or

  • (iii) benefit as mentioned in section 9(4) of this Act,

  as the case may be, in the period by reference to which the determination in question was made (‘the original value’), or”;

• (b) in subsection (2) by substituting the following for subparagraph (i):

• “(i) may make a fresh determination of the value of the defendant's—

  • (I) proceeds under section 4 of this Act, in the case of a drug trafficking offence,

  • (II) funds subject to confiscation under section 8A of this Act, in the case of an offence of financing terrorism, and

  • (III) benefit under section 9 of this Act, in the case of an offence other than a drug trafficking offence or an offence of financing terrorism, and”;

• (c) by inserting the following after subsection (3):

• “(3A) For any determination under section 8A of this Act by virtue of this section, section 8B(5) shall not apply in relation to any of the defendant's funds subject to confiscation that were taken into account in determining the original value.”.

29. Amendment of section 18 of Act of 1994.

29.—Section 18 of the Act of 1994 is amended by substituting the following for subsection (1):

• “(1) This section shall have effect where the amount which a person is ordered to pay by a confiscation order is less than the amount assessed to be the value of the person's—

  • (a) proceeds of drug trafficking, in the case of a drug trafficking offence,

  • (b) funds subject to confiscation, in the case of an offence of financing terrorism, or

  • (c) benefit obtained from an offence other than a drug trafficking offence or an offence of financing terrorism.”.

30. Amendment of section 23 of Act of 1994.

30.—Section 23 of the Act of 1994 is amended as follows:

• (a) by substituting the following for subsection (1):

• “(1) The powers conferred on the High Court by section 24 of this Act shall be exercisable—

  • (a) where—

    • (i) proceedings have been instituted in the State against the defendant for a drug trafficking offence, an offence of financing terrorism or an indictable offence (other than a drug trafficking offence or an offence of financing terrorism) or an application has been made in respect of the defendant under section 7, 8, 8D, 8E, 13 or 18 of this Act,

    • (ii) the proceedings or application have not been concluded, and

    • (iii) either a confiscation order has been made or it appears to the Court that there are reasonable grounds for thinking that a confiscation order may be made in the proceedings or that, in the case of an application under section 7, 8, 8D, 8E, 13 or 18 of this Act, the Court will be satisfied as mentioned in section 7(3), 8(4), 8D(3), 8E(4), 13(2), 13(4) or 18(2) of this Act,

    or

  • (b) where—

    • (i) the Court is satisfied that proceedings are to be instituted against a person for a drug trafficking offence, an offence of financing terrorism or an offence in respect of which a confiscation order might be made under section 9 of this Act or that an application of a kind mentioned in paragraph (a)(i) of this subsection is to be made in respect of a person, and

    • (ii) it appears to the Court that a confiscation order may be made in connection with the offence or that a court will be satisfied as mentioned in paragraph (a)(iii) of this subsection.”;

• (b) in subsection (2) by substituting the following for paragraph (b):

• “(b) references in this Act to realisable property shall be construed as if, immediately before that time, proceedings had been instituted against the person referred to in subsection (1)(b)(i) of this section for a drug trafficking offence, an offence of financing terrorism or an offence in respect of which a confiscation order might be made under section 9 of this Act.”.

31. Amendment of section 28 of Act of 1994.

31.—Section 28(3)(a) of the Act of 1994 is amended by substituting the following for subparagraph (ii):

• “(ii) an application has been made in respect of the defendant under section 7, 8, 8D, 8E, 13 or 18 of this Act and has not been concluded, or”.

32. Amendment of section 32 of Act of 1994.

32.—Section 32 of the Act of 1994 is amended as follows:

• (a) by substituting the following for subsection (9A) (inserted by section 14 of the Criminal Justice (Miscellaneous Provisions) Act 1997):

• “(9A) A designated body shall, in relation to the carrying on of its business, adopt measures to prevent and detect the commission of the following offences:

  • (a) an offence under section 31 of this Act;

  • (b) an offence of financing terrorism.”;

• (b) in subsection (9B) (inserted by section 14 of the Criminal Justice (Miscellaneous Provisions) Act 1997) by substituting the following for paragraph (c):

• “(c) the training of directors, other officers and employees for the purpose of enabling them to identify transactions which may relate to the commission of an offence under section 31 of this Act or an offence of financing terrorism, and the giving of instructions to them on how a director, other officer or employee should proceed once he or she has identified such a transaction.”.

33. Amendment of section 46 of Act of 1994.

33.—Section 46 of the Act of 1994 is amended—

• (a) in subsection (1) by inserting the following after paragraph (a):

• “(aa) of recovering funds corresponding to funds subject to confiscation under this Act, or”,

and

• (b) in subsection (5) by substituting “section 4, 8A or 9 of this Act” for “section 4 or 9 of this Act”.

34. Amendment of section 47 of Act of 1994.

34.—Section 47(5) of the Act of 1994 is amended by inserting the following after paragraph (b):

• “(bb) an offence of financing terrorism, or”.

35. Amendment of section 55 of Act of 1994.

35.—Section 55 of the Act of 1994 is amended by substituting the following for subsection (2):

• “(2) Section 63 of this Act shall have effect as if—

  • (a) references in that section to drug trafficking included any conduct which is an offence under the law of a country or territory outside the State and would constitute drug trafficking had the conduct occurred in the State,

  • (b) references in that section to an offence of financing terrorism included any conduct which is an offence under the law of a country or territory outside the State and would constitute an offence of financing terrorism had the conduct occurred in the State or in the circumstances referred to in section 13(6) of the Act of 2005, and

  • (c) references in that section to an offence in respect of which a confiscation order might be made under section 9 of this Act included any conduct which is an offence under the law of a country or territory outside the State and would constitute an offence in respect of which a confiscation order might be made under section 9 of this Act had the conduct occurred in the State.”.

36. Amendment of section 57 of Act of 1994.

36.—Section 57 of the Act of 1994 is amended as follows:

• (a) by substituting the following for subsection (1):

• “(1) Any person or body to whom section 32 of this Act applies (including a director, officer or employee of that person or body) and who suspects that—

  • (a) an offence of financing terrorism, or

  • (b) an offence under section 31 or 32 of this Act,

  in relation to the business of that person or body has been or is being committed shall report that suspicion to the Garda Síochána and to the Revenue Commissioners.”;

• (b) by substituting the following for subsection (2):

• “(2) A person who—

  • (a) is charged by law with the supervision of a person or body to whom section 32 of this Act applies, and

  • (b) suspects that an offence of financing terrorism or an offence under section 31 or 32 of this Act has been or is being committed by that person or body,

  shall report that suspicion to the Garda Síochána and to the Revenue Commissioners.”;

• (c) in subsection (7)(b) by substituting “in the investigation or prosecution of a drug trafficking offence, an offence of financing terrorism or an offence in respect of which a confiscation order might be made under section 9 of this Act” for “in the investigation or prosecution of a drug trafficking offence or an offence in respect of which a confiscation order might be made under section 9 of this Act”.

37. Amendment of section 58 of Act of 1994.

37.—Section 58 of the Act of 1994 is amended as follows:

• (a) in subsection (1) by substituting “an investigation into drug trafficking, into whether a person holds funds subject to confiscation or into whether a person has benefited from an offence in respect of which a confiscation order might be made” for “an investigation into drug trafficking or into whether a person has benefited from an offence in respect of which a confiscation order might be made”, and

• (b) in subsection (2) by substituting “makes any disclosure which is likely to prejudice an investigation arising from a report into whether an offence of financing terrorism or an offence under section 31 or 32 of this Act has been committed shall be guilty of an offence” for “makes any disclosure which is likely to prejudice an investigation arising from a report into whether an offence under section 31 or 32 of this Act has been committed shall be guilty of an offence”.

38. Amendment of section 61 of Act of 1994.

38.—Section 61(1A) of the Act of 1994 (inserted by section 17 of the Offences against the State (Amendment) Act 1998) is amended in paragraph (a) by substituting “, section 27A of the Firearms Act 1964 or section 6 of the Act of 2005” for “or section 27A of the Firearms Act, 1964”.

39. Amendment of section 63 of Act of 1994.

39.—Section 63 of the Act of 1994 is amended as follows:

• (a) by substituting the following for subsection (1):

• “(1) A member of the Garda Síochána may apply to a judge of the District Court for an order under subsection (2) of this section in relation to any particular material, or material of a particular description, for the purpose of an investigation into any of the following matters:

  • (a) drug trafficking;

  • (b) the commission of an offence of financing terrorism;

  • (c) the commission of an offence under section 31 of this Act;

  • (d) whether a person has benefited from drug trafficking;

  • (e) whether a person holds funds subject to confiscation;

  • (f) whether a person has benefited from an offence in respect of which a confiscation order might be made under section 9 of this Act.”;

• (b) in subsection (4) by substituting the following for paragraph (a):

• “(a) that there are reasonable grounds for suspecting that a specified person—

  • (i) has carried on drug trafficking,

  • (ii) has committed an offence of financing terrorism,

  • (iii) has committed an offence under section 31 of this Act,

  • (iv) has benefited from drug trafficking,

  • (v) holds funds subject to confiscation, or

  • (vi) has benefited from an offence in respect of which a confiscation order might be made under section 9 of this Act,”.

40. Amendment of section 64 of Act of 1994.

40.—Section 64 of the Act of 1994 is amended as follows:

• (a) by substituting the following for subsection (1):

• “(1) A member of the Garda Síochána may apply to a judge of the District Court for a warrant under this section in relation to specified premises for the purposes of an investigation into any of the following matters:

  • (a) drug trafficking;

  • (b) the commission of an offence of financing terrorism;

  • (c) the commission of an offence under section 31 of this Act;

  • (d) whether a person has benefited from drug trafficking;

  • (e) whether a person holds funds subject to confiscation;

  • (f) whether a person has benefited from an offence in respect of which a confiscation order might be made under section 9 of this Act.”;

• (b) in subsection (3) by substituting the following for paragraph (a):

• “(a) that there are reasonable grounds for suspecting that a specified person—

  • (i) has carried on drug trafficking,

  • (ii) has committed an offence of financing terrorism,

  • (iii) has committed an offence under section 31 of this Act,

  • (iv) has benefited from drug trafficking,

  • (v) holds funds subject to confiscation, or

  • (vi) has benefited from an offence in respect of which a confiscation order might be made under section 9 of this Act, and”;

• (c) in subsection (4) by substituting the following for paragraphs (a) and (b):

• “(a) that there are reasonable grounds for suspecting that a specified person—

  • (i) has carried on drug trafficking,

  • (ii) has committed an offence of financing terrorism,

  • (iii) has committed an offence under section 31 of this Act,

  • (iv) has benefited from drug trafficking,

  • (v) holds funds subject to confiscation, or

  • (vi) has benefited from an offence in respect of which a confiscation order might be made under section 9 of this Act, and

• (b) that there are reasonable grounds for suspecting that there is on the premises material that—

  • (i) relates to the specified person or to—

    • (I) drug trafficking,

    • (II) an offence of financing terrorism,

    • (III) an offence under section 31 of this Act, or

    • (IV) an offence in respect of which a confiscation order might be made under section 9 of this Act,

    and

  • (ii) is likely to be of substantial value (whether by itself or together with other material) to the investigation for the purpose of which the application is made, and

  • (iii) cannot be particularised at the time of the application, and”.

41. Amendment of section 65 of Act of 1994.

41.—Section 65(1) of the Act of 1994 is amended by substituting “If proceedings are instituted against a person for a drug trafficking offence, an offence of financing terrorism, an offence in respect of which a compensation order might be made under section 9 of this Act, or for more than one of any of those offences,” for “If proceedings are instituted against a person for a drug trafficking offence or offences or for an offence or offences in respect of which a confiscation order might be made under section 9 of this Act”.

42. Power to make regulations.

42.—(1) This section applies to acts—

• (a) that are adopted by the institutions of the European Communities before or after the commencement of this section in accordance with the treaties of those Communities, and

• (b) that, in the opinion of the Minister for Finance, are for the purpose of, or will contribute to, combating terrorism through the adoption of specific restrictive measures, directed at persons, groups or entities, for the identification, detection, freezing or seizure of their assets of any kind.

• (2) The Minister for Finance may make regulations for enabling provisions of acts to which this section applies to have full effect, including regulations—

• (a) requiring the disclosure or reporting of information for the identification or detection of assets referred to in subsection (1)(b), and

• (b) respecting the freezing or seizure of such assets or the imposition of other restrictive measures referred to in subsection (1)(b).

• (3) A person who contravenes a requirement of a regulation made under subsection (2) is guilty of an offence.

• (4) A person guilty of an offence under subsection (3) is liable—

• (a) on summary conviction, to a fine not exceeding €3,000 or imprisonment for a term not exceeding 12 months or both, or

• (b) on conviction on indictment, to—

• (i) a fine not exceeding the greater of €10,000,000 or twice the value of the assets in respect of which the offence was committed,

• (ii) imprisonment for a term not exceeding 20 years, or

• (iii) both such fine and such imprisonment.

• (5) Where after being convicted of an offence under subsection (3) a person continues to contravene the requirement to which the offence relates, the person is guilty of a further offence on every day on which the contravention continues and for each such offence is liable to whichever of the following penalties is applicable:

• (a) on summary conviction to a fine not exceeding €1,000, if the person was convicted of the offence under subsection (3) on summary conviction;

• (b) on conviction on indictment to a fine not exceeding €100,000, if the person was convicted of the offence under subsection (3) on indictment.

• (6) The Minister for Finance may make regulations providing for such incidental, supplementary and consequential provisions as appear to that Minister to be necessary for giving effect to regulations under subsection (2).

• (7) A person who contravenes a requirement of a regulation made under subsection (6) is guilty of an offence and is liable on summary conviction to a fine not exceeding €3,000 or imprisonment for a term not exceeding 12 months or both.

• (8) Where after being convicted of an offence under subsection (7) a person continues to contravene the requirement to which the offence relates, the person is guilty of a further offence on every day on which the contravention continues and for each such offence is liable on summary conviction to a fine not exceeding €1,000.

PART 5 Miscellaneous Matters

43. Proceedings relating to offences committed outside the State.

43.—(1) Proceedings for an offence under section 6, 9, 10, 11 or *F25subsection (1), (2), (3) or (4) of [section 13]* in relation to an act committed outside the State 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.

• (2) Where a person is charged with an offence referred to in subsection (1), no further proceedings in the matter (other than any remand in custody or on bail) may be taken except by or with the consent of the Director of Public Prosecutions.

• (3) The Director of Public Prosecutions may take, or consent to the taking of, further proceedings against a person for an offence in respect of an act to which section 6(1), 9(1) or (2), 10(1), (2) or (3), 11(1) or (2) or F25subsection (1), (2), (3) or (4) of[section 13]* applies and that is committed outside the State in the circumstances referred to in section 6(3), 9(4), 10(5), 11(4) or 13(7)* respectively if satisfied—

• (a) that—

• (i) a request for that person's surrender for the purpose of trying him or her for an offence in respect of that act has been made under Part II of the Extradition Act 1965 by—

• (I) in the case of an offence in respect of an act to which section 6(1) F26or subsection (3) or (4) of [section 13] applies, any state, and

• (II) in the case of an offence in respect of an act to which section 9(1) or (2), 10(1), (2) or (3), 11(1) or (2) or 13(1) or (2) applies, a state party to the applicable instrument and exercising jurisdiction in accordance with its relevant provision,

and

• (ii) the request has been finally refused (whether as a result of a decision of the court or otherwise),

or

• (b) that—

• (i) a F27[relevant arrest warrant] has been received from an issuing state for the purpose of bringing proceedings against the person for an offence in respect of that act,

• (ii) except in the case of an act to which section 6(1) F26or subsection (3) or (4) of [section 13] applies, jurisdiction is being exercised in accordance with the relevant provision of the applicable instrument, and

• (iii) a final determination has been made that the F27[relevant arrest warrant] should not be endorsed for execution in the State under the European Arrest Warrant Act 2003 or that the person should not be surrendered to the issuing state concerned,

or

• (c) that, because of special circumstances (including, but not limited to, the likelihood of a refusal referred to in paragraph (a)(ii) or a determination referred to in paragraph (b)(iii)), it is expedient that proceedings be taken against the person for an offence under the law of the State in respect of the act.

• (4) In subsection (3)—

“applicable instrument” means—

• (a) in relation to an act to which section 9(1) or (2) applies, the Hostage Convention as defined in section 8,

• (b) in relation to an act to which section 10(1), (2) or (3) applies, the Terrorist Bombing Convention as defined in section 8,

• (c) in relation to an act to which section 11(1) or (2) applies, the Internationally Protected Persons Convention as defined in section 8, and

• (d) in relation to an act to which section 13(1) or (2) applies, the Terrorist Financing Convention as defined in section 12;

“F27[relevant arrest warrant]” and “issuing state” have the meanings given by section 2 of the European Arrest Warrant Act 2003;

“relevant provision” means—

• (a) in relation to the Hostage Convention, Article 5(1),

• (b) in relation to the Terrorist Bombing Convention, Article 6(1) or (2),

• (c) in relation to the Internationally Protected Persons Convention, Article 3(1), and

• (d) in relation to the Terrorist Financing Convention, Article 7(1) or (2).

44. Evidence in proceedings under the Act.

44.—(1) Where in any proceedings relating to an offence under this Act a question arises as to whether—

• (a) a person is an internationally protected person,

• (b) a facility is a State or Government facility of the State abroad, or

• (c) an organisation is an international organisation or an international organisation of an intergovernmental character,

a certificate that is signed by the Minister for Foreign Affairs, or by a person authorised by that Minister, and that states any fact relating to that question is evidence of the fact unless the contrary is shown.

• (2) In any proceedings relating to an offence under this Act—

• F28[(a) in relation to an act committed outside the State—

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

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

is 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,]

• (b) a certificate that is signed by the Attorney General, or by a person authorised by him or her, as to his or her opinion in relation to a matter mentioned in section 6(6) is evidence of that opinion, unless the contrary is shown, and

• (c) a certificate that is signed by the Director of Public Prosecutions or by a person authorised by that Director and that states any of the matters specified in paragraph (a), (b) or (c) of section 43(3) is evidence of the facts stated in the certificate, unless the contrary is shown.

• (3) A document purporting to be a certificate under subsection (1) or (2) is deemed, unless the contrary is shown—

• (a) to be such a certificate,

• (b) to have been signed by the person purporting to have signed it, and

• (c) in the case of certificate signed with the authority of the Minister for Foreign Affairs, the Attorney General or the Director of Public Prosecutions, to have been signed in accordance with the authorisation.

45. Liability for offences by bodies corporate.

45.—(1) Where a body corporate commits an offence under this Act and the offence is proved to have been committed with the consent or connivance of, or to be attributable to, any neglect on the part of a person who, when the offence was committed—

• (a) was a director, manager, secretary or other officer of that body, or

• (b) purported to act in any such capacity,

that person, as well as the body corporate, is guilty of an offence and is liable to be proceeded against and punished accordingly.

• (2) A person may be proceeded against for an offence referred to in subsection (1) whether or not the body corporate has been proceeded against or convicted of the offence committed by that body.

• (3) Where the affairs of a body corporate are managed by its members, subsections (1) and (2) apply in relation to the acts and defaults of a member in connection with the member's management functions as if the member were a director or manager of the body corporate.

46. Double jeopardy.

46.—A person who has been acquitted or convicted of an offence outside the State shall not be proceeded against for an offence under this Act consisting of the acts that constituted the offence of which that person was so acquitted or convicted.

47. Expenses.

47.—The expenses incurred in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of money provided by the Oireachtas.

PART 6 Amendment of Other Acts

48. Amendment of section 21 of Act of 1939.

48.—Section 21(2) of the Act of 1939 is amended—

• (a) in paragraph (a) by substituting—

• (i) “€3,000” for “fifty pounds”, and

• (ii) “12 months” for “three months”,

and

• (b) in paragraph (b) by substituting “a fine or imprisonment for a term not exceeding 8 years or both” for “imprisonment for a term not exceeding 7 years”.

49. Amendment of Act of 1939 — new section 21A.

49.—The Act of 1939 is amended by inserting the following after section 21:

“Offence of providing assistance to an unlawful organisation.

21A.—(1) A person who knowingly renders assistance (including financial assistance) to an unlawful organisation, whether directly or indirectly, in the performance or furtherance of an unlawful object is guilty of an offence. (2) A person guilty of an offence under this section is liable— (a) on summary conviction, to a fine not exceeding €3,000 or imprisonment for a term not exceeding 12 months or both, or (b) on conviction on indictment, to a fine or imprisonment for a term not exceeding 8 years or both.”.

50. Amendment of section 22 of Act of 1939.

50.—Section 22(a) of the Act of 1939 is amended by substituting “all the property (including money and all other property, real or personal, heritable or moveable, including choses in action and other intangible or incorporeal property, including funds as defined in section 12 of the Criminal Justice (Terrorist Offences) Act 2005 of such organisation” for “all the property (whether real, chattel real, or personal and whether in possession or in action) of such organisation”.

51. Amendment of Act of 1939 — new sections 22A to 22I.

51.—The Act of 1939 is amended by inserting the following after section 22:

“Definitions for, and operation of, sections 22B to 22I.	22A.—(1) For the purposes of sections 22B to 22I— ‘disposal order’ means an order under section 22C; ‘interim order’ means an order made under section 22B; ‘Minister’ means Minister for Justice, Equality and Law Reform; ‘property’ does not include moneys held in a bank; ‘respondent’ means— (a) a person in respect of whom an application for an interim order has been made, or (b) a person in respect of whom an interim order has been made, and includes a person who, but for this Act, would become entitled on the death of a person referred to in paragraph (a) or (b) to any property to which such an order relates (being an order that is in force and is in respect of that person). (2) Sections 22B to 22I shall not be construed to limit the generality of section 22.
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Interim order respecting specified property.	22B.—(1) The Minister may apply ex parte to the High Court for an interim order under subsection (2) in respect of specified property where the Minister is of the opinion that it— (a) is the property of an unlawful organisation, whether or not the property is in the possession or control of that organisation, and (b) is forfeited to and vested in the Minister by virtue of section 22. (2) On application under subsection (1), the Court may issue an interim order prohibiting any of the following from disposing of or otherwise dealing with the property specified in the order or from diminishing its value: (a) any person in possession or control of the property; (b) any person having notice of the order; (c) any other person specified in the order. (3) An interim order— (a) may contain such provisions, conditions and restrictions as the Court considers necessary or expedient, and (b) shall provide for notice of the order to be given to— (i) any person named in the order, and (ii) any other person who is or appears to be affected by it, unless the Court is satisfied that it is not reasonably possible to ascertain the person's whereabouts. (4) On application by the respondent or any other person claiming ownership of any property specified in an interim order that is in force under this section, the Court may discharge or vary the order, as it considers appropriate, if it is shown to the Court's satisfaction that the property is not the property of an unlawful organisation. (5) On application at any time by the Minister, the Court shall discharge an interim order. (6) Subject to subsections (4) and (5), an interim order continues in force until the expiry of 12 months from the date of its making and then lapses, unless an application for a disposal order in respect of any property specified in the interim order is brought during that period. (7) If an application for a disposal order is brought within the period allowed under subsection (6), the interim order lapses on— (a) the determination of the application, (b) the expiry of the ordinary time for bringing an appeal against the determination, or (c) if such appeal is brought, the determination or abandonment of the appeal or any further appeal or the expiry of the time for bringing any further appeal, whichever is the latest. (8) Notice of an application under subsection (4) shall be given by the respondent or other person making the application to— (a) the Minister, and (b) any person to whom the Court directs that notice of the application be given. (9) Notice of an application under subsection (5) shall be given by the Minister to— (a) the respondent, unless the Court is satisfied that it is not reasonably possible to ascertain the respondent's whereabouts, and (b) any person to whom the Court directs that notice of the application be given.
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Disposal order respecting specified property.	22C.—(1) Subject to subsection (2), where an interim order has been in force for not less than 12 months in relation to specified property, the High Court may, on application by the Minister, make an order authorising the Minister to dispose of the property as he sees fit. (2) Subject to subsection (4), the Court shall make a disposal order in relation to any property that is the subject of an application under subsection (1) unless it is satisfied that the property is not the property of an unlawful organisation. (3) The Minister shall give notice of an application under this section to— (a) the respondent unless the Court is satisfied that it is not reasonably possible to ascertain the respondent's whereabouts, and (b) such other (if any) persons as the Court may direct. (4) Before deciding whether to make a disposal order under subsection (1), the Court shall give any person claiming ownership of the specified property an opportunity to be heard by the Court and to show cause why the order should not be made. (5) On application by the respondent or, if the respondent's whereabouts cannot be ascertained, on the Court's own initiative, the Court may, if it considers it appropriate to do so in the interests of justice, adjourn the hearing of an application under subsection (1) for such period not exceeding 2 years as it considers reasonable.
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Ancillary orders and provision in relation to certain profits or gains, etc.	22D.—(1) At any time while an interim order is in force, the High Court may, on application by the Minister, make such orders as it considers necessary or expedient to enable the interim order to have full effect. (2) The Minister shall give notice of an application under this section to— (a) the respondent unless the Court is satisfied that it is not reasonably possible to ascertain the respondent's whereabouts, and (b) such other (if any) persons as the Court may direct. (3) An interim order or disposal order may be expressed to apply to— (a) any profit, gain or interest, (b) any dividend or other payment, or (c) any other property, payable or arising, after the making of the order, in connection with any other property to which the order relates.
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Evidence.	22E.—(1) Production in court in any proceedings of a document signed by the Minister and stating that the property specified in the document would, but for the operation of section 22, have been the property of an unlawful organisation is evidence that the specified property would, but for the operation of that section, have been the property of an unlawful organisation, unless the contrary is shown. (2) A document purporting to be a document of the Minister under subsection (1) and to be signed by the Minister shall be deemed for the purposes of this section to be such a document and to have been so signed, unless the contrary is shown.
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Seizure of certain property.	22F.—(1) Where an interim order or a disposal order is in force, a member of the Garda Síochána or an officer of customs and excise may seize any property that is the subject of the order for the purpose of preventing the property being removed from the State. (2) Property seized under this section shall be dealt with in accordance with the directions of the High Court.
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Compensation.	22G.—(1) An application to the High Court for an order under this section may be made where— (a) an interim order is discharged or lapses and a disposal order in relation to the matter is not made or, if made, is discharged, or (b) an interim order or a disposal order is varied on appeal. (2) On application under subsection (1) by a person who satisfies the Court that the person is the owner of any property to which— (a) an interim order referred to in subsection (1)(a) related, (b) an order referred to in subsection (1)(b) had related, but, by reason of its being varied by a court, has ceased to relate, the Court may award the person such (if any) compensation payable by the Minister as it considers just in the circumstances in respect of any loss incurred by the person by reason of the order concerned. (3) The Minister shall be given notice of, and be entitled to be heard in, any proceedings under this section.
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Application of certain provisions of Act of 1996.	22H.—For the purposes of this Part, sections 6, 7 and 9 to 13 of the Act of 1996 apply with the following modifications and any other necessary modifications as if an interim order or a disposal order made under this Part, or an application for such order, had been made under the Act of 1996: (a) a reference in any of the applicable provisions of the Act of 1996 to applicant or Minister shall be construed as referring to the Minister for Justice, Equality and Law Reform; (b) a reference in any of the applicable provisions of the Act of 1996 to respondent shall be construed as defined in section 22A of this Act.
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Immunity from proceedings.	22I.—No action or proceeding of any kind lies against a person in any court in respect of any act done or omission made in compliance with an order under any of sections 22B to 22D and 22H.”.

52. Amendment of section 38 of Act of 1939.

52.—Section 38 of the Act of 1939 is amended by adding the following subsection:

• “(4) For the purposes of this Act, a Special Criminal Court is in existence if it has been established under this section and has at the relevant time not fewer than 3 members appointed under section 39.”.

53. Amendment of section 49 of Act of 1939.

53.—Section 49 of the Act of 1939 is amended by renumbering it as section 49(1) and adding the following subsections:

• “(2) A trial that is to be heard before a Special Criminal Court may be transferred by the Court, on its own motion or on the application of a triable person or the Director of Public Prosecutions, to another Special Criminal Court, but only if the first Court decides that it would be in the interests of justice to do so.

• (3) In deciding whether it is in the interests of justice to transfer a trial, the Special Criminal Court may consider any factors it thinks relevant, including—

  • (a) whether the transfer would be in the interests of the expeditious administration of justice, and

  • (b) whether the transfer would prejudice the triable person or persons or the prosecution.

• (4) A trial may be transferred under this section notwithstanding that an order has been made under subsection (1)(e) in relation to the triable person or persons.

• (5) Where 2 or more triable persons are to be tried jointly, the decision of the Special Criminal Court to transfer the trial applies in relation to all of them.

• (6) Subsection (5) does not affect the right of a triable person to apply for a separate trial and, if the application is granted, then to apply for a transfer of that trial.

• (7) The decision of a Special Criminal Court to transfer a trial is final and unappealable.

• (8) In this section ‘triable person’ means a person sent or sent forward for trial to, or charged before or transferred under this Act to, a Special Criminal Court.”.

54. Amendment and commencement of section 2 of Act of 1985.

54.—(1) Section 2(1) of the Act of 1985 is amended by repealing paragraph (c).

• (2) Section 2 of the Act of 1985 comes into operation on the pasing of this Act.

55. Amendment of section 8 of Act of 1985.

55.—Section 8(2) of the Act of 1985 is amended by inserting “or any other form of property” after “Moneys”.

56. Amendment of Defence Act 1954.

56.—The Defence Act 1954 is amended as follows:

• (a) in section 169 (as amended by section 7 of the Criminal Justice Act 1990) by substituting the following for subsection (3):

• “(3) Where a person charged under this section is convicted by a court-martial of an offence other than treason or murder, he shall be liable to be punished as follows:

  • (a) if he is convicted of manslaughter, be liable to imprisonment for life or any lesser punishment awardable by a court-martial;

  • (b) if he is convicted of rape, rape under section 4 (within the meaning of the Criminal Law (Rape) (Amendment) Act 1990) or aggravated sexual assault (within the meaning of the Criminal Law (Rape) (Amendment) Act 1990), be liable to imprisonment for life or any lesser punishment awardable by a court-martial;

  • (c) if he is convicted of an act of genocide which would be punishable under the Genocide Act 1973 be liable—

    • (i) in case the offence consists of the killing of any person, to imprisonment for life, or

    • (ii) in any other case, to imprisonment for a term not exceeding fourteen years;

  • (d) if he is convicted of an offence under the Criminal Justice (United Nations Convention against Torture) Act 2000 be liable to imprisonment for life;

  • (e) if he is convicted of an offence under the Criminal Justice (Safety of United Nations Workers) Act 2000 be liable either to suffer any punishment assigned for such offence by that Act or any lesser punishment awardable by a court-martial;

  • (f) if he is convicted of an offence under the Criminal Justice (Terrorist Offences) Act 2005, be liable to suffer any punishment assigned for such offence by that Act;

  • (g) if he is convicted of any offence not before in this section particularly specified which when committed in the State is punishable by the ordinary criminal law of the State, be liable, whether the offence is committed in the State or elsewhere, either to suffer any punishment assigned for such offence by law of the State or to suffer—

    • (i) if he is subject to military law as an officer, dismissal with ignominy from the Defence Forces or any lesser punishment awardable by a court-martial, or

    • (ii) if he is subject to military law as a man, imprisonment for any term not exceeding two years or any lesser punishment awardable by a court-martial.”;

• (b) in section 192(2)(c) by inserting “or an offence under the Criminal Justice (Terrorist Offences) Act 2005” after “an offence under the Criminal Justice (Safety of United Nations Workers) Act, 2000” (inserted by section 6 of the Criminal Justice (Safety of United Nations Workers) Act 2000);

• (c) in section 192(3) by inserting “or an offence under the Criminal Justice (Terrorist Offences) Act 2005” after “an offence under the Criminal Justice (Safety of United Nations Workers) Act, 2000” (inserted by section 6 of the Criminal Justice (Safety of United Nations Workers) Act 2000).

57. Amendment of Extradition Act 1965.

57.—(1) Section 3(1) of the Act of 1965 is amended by substituting the following for the definition of “political offence”:

“ ‘political offence’ does not include any of the following:

• (a) the taking or attempted taking of the life of a Head of State or a member of his family;

• (b) an offence within the scope of the United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances done at Vienna on the 20th of December, 1988;

• (c) an offence within the scope of the International Convention for the Suppression of Terrorist Bombings adopted by resolution 52/164 of the General Assembly of the United Nations on 15 December 1997;

• (d) an offence within the scope of the International Convention for the Suppression of the Financing of Terrorism adopted by resolution 54/109 of the General Assembly of the United Nations on 9 December 1999;”.

• (2) Section 3 of the Act of 1965 is amended by the substitution, in subsection (1), of the following definition for the definition of “country” (inserted by section 47(a) of the Act of 2003):

“ ‘country’ includes—

• (a) a place or territory for whose external relations a country, other than that place or territory, is (in whole or in part) responsible, and

• (b) a place or territory for whose external relations the government of a country, other than the government of that place or territory, is (in whole or in part) responsible.”.

• (3) Section 8 (amended by section 49 of the Act of 2003) of the Act of 1965 is amended by the substitution of the following subsections for subsections (1) and (1A):

• “(1) Where by any international agreement or convention to which the State is a party an arrangement (in this Act referred to as an extradition agreement) is made with another country for the surrender by each country to the other of persons wanted for prosecution or punishment or where the Minister is satisfied that reciprocal facilities to that effect will be afforded by another country, the Minister for Foreign Affairs may, after consultation with the Minister, by order apply this Part—

  • (a) in relation to that country, or

  • (b) in relation to a place or territory for whose external relations that country is (in whole or in part) responsible.

• (1A) Where at any time after the making of an order under subsection (1), a country becomes a party to an extradition agreement to which that order applies, the Minister for Foreign Affairs may, after consultation with the Minister, by order so declare, and this Part shall, upon the making of the second-mentioned order, apply—

  • (a) to that country, or

  • (b) if that country became a party to the extradition agreement concerned for the purpose only of its applying in relation to a place or territory for whose external relations that country is (in whole or in part) responsible, to that place or territory.”.

58. Amendment of Extradition (Amendment) Act 1994.

58.—The First Schedule to the Extradition (Amendment) Act 1994 is amended by inserting the following after paragraph 6B:

“6C. An offence under section 6(1)(a), 9 or 11 of the Criminal Justice (Terrorist Offences) Act 2005.”.

59. Amendment of Criminal Procedure Act 1967.

59.—The Criminal Procedure Act 1967 is amended as follows:

• (a) in section 13(1) by inserting “or the offence of murder under section 6 or 11 of the Criminal Justice (Terrorist Offences) Act 2005 or an attempt to commit such offence” after “the offence of killing or attempted killing under paragraph (h) or (j) of section 2(1) of the Maritime Security Act 2004” (inserted by section 10 of the Maritime Security Act 2004);

• (b) in section 29(1) by inserting the following after paragraph (j) (inserted by section 10 of the Maritime Security Act 2004):

• “(k) the offence of murder under section 6 or 11 of the Criminal Justice (Terrorist Offences) Act 2005 or an attempt to commit such offence.”.

60. Amendment of Bail Act 1997.

60.—The Schedule to the Bail Act 1997 is amended by inserting the following after paragraph 32:

“Suppression of Terrorism.

33.—Any offence under the Criminal Justice (Terrorist Offences) Act 2005.”.

PART 7 Communications Data

61. Interpretation of this Part.

61.—F29[…]

62. Application of this Part.

62.—F30[…]

63. Retention of traffic and location data relating to communications by phone.

63.—F31[…]

64. Access to data retained for law enforcement and security purposes.

64.—F32[…]

65. Complaints procedure.

65.—F33[…]

66. Amendment of section 8 of Act of 1993.

66.—F34[…]

67. Duties of designated judge in relation to this Part.

67.—F35[…]

PART 8 European Arrest Warrant

68. Application of this Part.

68.—The amendments effected by this Part (other than section 83) shall apply to European arrest warrants, and facsimile and true copies thereof, that are endorsed under section 13, or produced under section 14(7), of the Act of 2003 after the passing of this Act.

69. Issuing state presumed to comply with Framework Decision.

69.—The Act of 2003 is amended by the insertion of the following section:

“4A.—It shall be presumed that an issuing state will comply with the requirements of the Framework Decision, unless the contrary is shown.”.

70. Corresponding offences.

70.—The Act of 2003 is amended by the substitution of the following section for section 5:

“5.—For the purposes of this Act, an offence specified in a European arrest warrant corresponds to an offence under the law of the State, where the act or omission that constitutes the offence so specified would, if committed in the State on the date on which the European arrest warrant is issued, constitute an offence under the law of the State.”.

71. Obligation to surrender.

71.—The Act of 2003 is amended by the substitution of the following section for section 10:

“10.—Where a judicial authority in an issuing state duly issues a European arrest warrant in respect of a person—

• (a) against whom that state intends to bring proceedings for an offence to which the European arrest warrant relates,

• (b) who is the subject of proceedings in that state for an offence to which the European arrest warrant relates,

• (c) who has been convicted of, but not yet sentenced in respect of, an offence to which the European arrest warrant relates, or

• (d) on whom a sentence of imprisonment or detention has been imposed in respect of an offence to which the European arrest warrant relates, and who fled from the issuing state before he or she—

  • (i) commenced serving that sentence, or

  • (ii) completed serving that sentence,

  that person shall, subject to and in accordance with the provisions of this Act and the Framework Decision, be arrested and surrendered to the issuing state.”.

72. European arrest warrant.

72.—Section 11 of the Act of 2003 is amended by—

• (a) the substitution of the following subsections for subsection (1):