CRIMINAL JUSTICE ACT 2006

“80.— (1) Any person who in any place—

• (a) ignites a firework or causes it to be ignited, or

• (b) throws, directs or propels an ignited firework at or towards a person or property,

is guilty of an offence.

• (2) Any person—

  • (a) who possesses a firework with intent to sell or otherwise to supply it to another, and

  • (b) who does not hold a licence under this Act to import it,

  is guilty of an offence.

• (3) In any proceedings for an offence under subsection (2) it is not necessary for the prosecution to negative by evidence the existence of a licence to import the firework concerned, and accordingly the onus of proving the existence of any such licence is on the defendant.

• (4) A member of the Garda Síochána who, with reasonable cause, suspects that a person possesses a firework in contravention of subsection (2) may—

  • (a) request that the person give his or her name and address and that the information given by the person in response to the request be verified,

  • (b) if not satisfied that the information so given is correct, request that the person accompany the member to a Garda Síochána station for the purpose of verifying the information,

  • (c) without warrant—

    • (i) search the person and, if the member considers it necessary for that purpose, detain the person for such time as is reasonably necessary to make the search,

    • (ii) enter and search any vehicle, vessel or aircraft in which the member suspects that a firework may be found, and

    • (iii) seize and detain anything found in the course of the search which the member reasonably believes to be evidence of, or relating to, an offence under this section.

• (5) This section is without prejudice to any power to detain or search a person or to seize or detain property which may be exercised by a member of the Garda Síochána under any other enactment.

• (6) A member of the Garda Síochána who suspects, with reasonable cause, that a person has committed an offence under this section may arrest the person without warrant.

• (7) If a judge of the District Court is satisfied by information on oath of a member of the Garda Síochána not below the rank of sergeant that there are reasonable grounds for suspecting that evidence of, or relating to, the commission of an offence under this section is to be found in any place, the judge may issue a warrant for the search of that place and any persons found at that place.

• (8) The search warrant shall be expressed, and shall operate, to authorise a named member of the Garda Síochána, accompanied by such other members of the Garda Síochána or other persons as the member thinks necessary—

  • (a) to enter the place named in the warrant at any time or times within one week of the date of issue of the warrant, on production if so requested of the warrant and if necessary by the use of reasonable force,

  • (b) to search it and any persons found at the place, and

  • (c) to seize anything found at the place, or anything found in the possession of any person present there at the time of the search that that member reasonably believes to be evidence of, or relating to, the commission of an offence under this section.

• (9) A member of the Garda Síochána acting under the authority of a search warrant under this section may—

  • (a) require any person present at the place where the search is being carried out to give to the member his or her name and address, and

  • (b) arrest without warrant any person who—

    • (i) obstructs or attempts to obstruct the member in the carrying out of his or her duties,

    • (ii) fails to comply with a requirement under paragraph (a), or

    • (iii) gives a name or address which the member has reasonable cause for believing is false or misleading.

• (10) A person who—

  • (a) does not give his or her name and address when requested to do so under subsection (4)(a) of this section or gives a name and address that is false or misleading, or

  • (b) does not comply with a request under subsection (4)(b) of this section,

  is guilty of an offence and liable on summary conviction to a fine not exceeding €2,500 or imprisonment for a term not exceeding 6 months or both.

• (11) A person who—

  • (a) obstructs or attempts to obstruct a member of the Garda Síochána acting under the authority of a search warrant under this section,

  • (b) does not comply with a requirement under subsection (9)(a) of this section, or

  • (c) gives a false or misleading name or address to such a member,

  is guilty of an offence and liable on summary conviction to a fine not exceeding €2,500 or imprisonment for a term not exceeding 6 months or both.

• (12) A person guilty of an offence under this section (except subsection (10) or (11)) is liable—

  • (a) on summary conviction, to a fine not exceeding €2,500 or imprisonment for a term not exceeding 6 months or both, or

  • (b) on conviction on indictment, to a fine not exceeding €10,000 or imprisonment for a term not exceeding 5 years or both.

• (13) A court by which a person is convicted of an offence under subsection (1) or (2) may order anything shown to the satisfaction of the court to relate to the offence to be forfeited and either destroyed or dealt with in such other manner as the court thinks fit.

• (14) In this section—

“banger” means a non-metallic case containing black powder, the principal purpose of which is to make a noise when ignited or initiated;

“black powder” means a powder consisting of a mixture of charcoal and sodium nitrate or potassium nitrate, with or without sulphur;

“firework”—

- (*a*) means a device containing pyrotechnic material which, when functioning, burns or explodes to produce a visual or aural effect or movement or a gas, either separately or in any combination, as a direct form of entertainment, but

- (*b*) except in subsection (1)(*b*) does not include—

    - (i) a low hazard firework (except a banger), or

    - (ii) a firework imported under licence in accordance with section 40(9) of this Act;

      “low hazard firework” means a firework which presents a low hazard and is designed for indoor use;

      “place” includes a dwelling;

      “pyrotechnic material” means a substance or mixture of substances designed, when ignited, to produce an aural or visual effect or a gas either separately or in any combination.”.

69. Other amendments of Explosives Act 1875.

69.— Each provision of the Explosives Act 1875 specified in Schedule 2 to the Criminal Justice Act 2006 is amended in the manner specified in the third and fourth columns opposite the mention of that provision in the first column of that Schedule.

PART 7 Organised Crime

70. Interpretation (Part 7).

70.— (1) In this Part—

“act” includes omission and a reference to the commission or doing of an act includes a reference to the making of an omission;

F5["Act of 1861" means the Offences against the Person Act 1861;]

F6["criminal organisation" means a structured group, however organised, that has as its main purpose or activity the commission or facilitation of a serious offence;]

“Irish ship” has the meaning it has in section 9 of the Mercantile Marine Act 1955;

“serious offence” means an offence for which a person may be punished by imprisonment for a term of 4 years or more;

F6["structured group" means a group of 3 or more persons, which is not randomly formed for the immediate commission of a single offence, and the involvement in which by 2 or more of those persons is with a view to their acting in concert; for the avoidance of doubt, a structured group may exist notwithstanding the absence of all or any of the following:

• (a) formal rules or formal membership, or any formal roles for those involved in the group;

• (b) any hierarchical or leadership structure;

• (c) continuity of involvement by persons in the group.]

• (2) For the purposes of this section facilitation of an offence does not require knowledge of a particular offence the commission of which is facilitated, or that an offence actually be committed.

• F7[(3) For the purposes of the references in sections 71(2)(d) and 74(1)(b)(i) to a person’s being ordinarily resident in the State, a person shall be taken to be so resident, on the date of the commission of the offence to which section 71(1) or 74(1), as the case may be, applies, if, for the 12 months immediately preceding that date, the person has his or her principal place of residence in the State.]

71. Offence of conspiracy.

71.— (1) Subject to subsections (2) and (3), a person who conspires, whether in the State or elsewhere, with one or more persons to do an act—

• (a) in the State that constitutes a serious offence, or

• (b) in a place outside the State that constitutes a serious offence under the law of that place and which would, if done in the State, constitute a serious offence,

is guilty of an offence irrespective of whether such act actually takes place or not.

• (2) Subsection (1) applies to a conspiracy committed outside the State if—

• (a) the offence, the subject of the conspiracy, was committed, or was intended to be committed, in the State or against a citizen of Ireland,

• (b) the conspiracy is committed on board an Irish ship,

• (c) the conspiracy is committed on an aircraft registered in the State, or

• (d) the conspiracy is committed by an Irish citizen or a F9[person ordinarily resident in the State].

• (3) Subsection (1) shall also apply to a conspiracy committed outside the State in circumstances other than those referred to in subsection (2), but in that case the Director of Public Prosecutions may not take, or consent to the taking of, proceedings for an offence under subsection (1) except in accordance with section 74(3).

• F10[(4) A person charged with an offence under this section—

• (a) subject to paragraph (b), is liable to be indicted, tried and punished as a principal offender, or

• (b) where the offence, the subject of the conspiracy, is murder, is liable on conviction on indictment to imprisonment for life or a lesser term of imprisonment.]

• F11[(4A) This section shall not apply in respect of a conspiracy to commit murder to which section 4 of the Act of 1861 applies.]

• (5) F12[…]

71A. F13[Offence of directing a criminal organisation.

71A.— (1) In this section—

• (a) "directs", in relation to activities, means—

• (i) controls or supervises the activities, or

• (ii) gives an order, instruction or guidance, or makes a request, with respect to the carrying on of the activities;

• (b) references to activities include references to—

• (i) activities carried on outside the State, and

• (ii) activities that do not constitute an offence or offences.

• (2) A person who directs, at any level of the organisation’s structure, the activities of a criminal organisation is guilty of an offence and shall be liable on conviction on indictment to imprisonment for life or a lesser term of imprisonment.

• (3) Any statement made orally, in writing or otherwise, or any conduct, by the defendant implying or leading to a reasonable inference that he or she was at a material time directing the activities of a criminal organisation shall, in proceedings for an offence under this section, be admissible as evidence that the defendant was doing such at that time.

• (4) In proceedings under this section, the court or the jury, as the case may be, in determining whether an offence under this section has been committed, may, in addition to any other relevant evidence, also consider—

• (a) any evidence of a pattern of behaviour on the part of the defendant consistent with his or her having directed the activities of the organisation concerned at the material time, and

• (b) without limiting paragraph (a) or subsection (3)—

• (i) whether the defendant has received any benefit from the organisation concerned, and

• (ii) evidence as to the possession by the defendant of such articles or documents or other records as would give rise to a reasonable suspicion that such articles, documents or other records were in his or her possession or control for a purpose connected with directing the activities of the organisation concerned.

• (5) Any document or other record emanating or purporting to emanate from the organisation concerned from which there can be inferred—

• (a) either—

• (i) the giving, at the time concerned, of an instruction, order or guidance by the defendant to any person involved in the organisation, or

• (ii) the making, at that time, by the defendant of a request of a person so involved,

or

• (b) the seeking, at that time, by a person so involved of assistance or guidance from the defendant,

shall, in proceedings for an offence under this section, be admissible as evidence that the defendant was directing the activities of the organisation concerned at the material time.

• (6) In this section "document or other record" has the same meaning as it has in section 71B.]

71B. F14[Provisions with respect to proof of criminal organisation’s existence.

71B.— (1) In proceedings under this Part the opinion of—

• (a) any member of the Garda Síochána, or

• (b) any former member of the Garda Síochána,

who appears to the Court to possess the appropriate expertise (in this section referred to as the "appropriate expert") shall, subject to section 74B, be admissible in evidence in relation to the issue as to the existence of a particular criminal organisation.

• (2) In subsection (1) "expertise" means experience, specialised knowledge or qualifications.

• (3) Without limiting the matters that can properly be taken into account, in the formation of such opinion, by the appropriate expert, it shall be permissible for that expert, in forming the opinion referred to in subsection (1), to take into account any previous convictions for arrestable offences of persons believed by that expert to be part of the organisation to which the opinion relates.

• (4) Without prejudice to subsection (1), in proceedings under this Part the following shall be admissible as evidence that a particular group constitutes a criminal organisation—

• (a) any document or other record emanating or purporting to emanate from the group or created or purporting to be created by the defendant—

• (i) from which the group’s existence as a criminal organisation can be inferred;

• (ii) from which the commission or facilitation by the group of a serious offence or its engaging in any activity in relation thereto can be inferred; or

• (iii) that uses or makes reference to a name, word, symbol or other representation that identifies the group as a criminal organisation or from which name, word, symbol or other representation it can be inferred that it is such an organisation,

• (b) the provision by a group of 3 or more persons of a material benefit to the defendant (or a promise by such a group to provide a material benefit to the defendant), which provision or promise is not made in return for a lawful act performed or to be performed by the defendant.

• (5) In subsection (4) "document or other record" includes, in addition to a document or other record in writing—

• (a) a disc, tape, sound-track or other device in which information, sounds or signals are embodied so as to be capable (with or without the aid of some other instrument) of being reproduced in legible or audible form,

• (b) a film, tape or other device in which visual images are embodied so as to be capable (with or without the aid of some other instrument) of being reproduced in visual form, and

• (c) a photograph.]

72. F15[Offence to participate in, or contribute to, certain activities.

72.— (1) A person is guilty of an offence if, with knowledge of the existence of the organisation referred to in this subsection, the person participates in or contributes to any activity (whether constituting an offence or not)—

• (a) intending either to—

• (i) enhance the ability of a criminal organisation or any of its members to commit, or

• (ii) facilitate the commission by a criminal organisation or any of its members of,

a serious offence, or

• (b) being reckless as to whether such participation or contribution could either—

• (i) enhance the ability of a criminal organisation or any of its members to commit, or

• (ii) facilitate the commission by a criminal organisation or any of its members of,

a serious offence.

• (2) A person guilty of an offence under this section shall be liable on conviction on indictment to a fine or imprisonment for a term not exceeding 15 years or both.

• (3) The reference in subsection (1) to the commission of a serious offence includes a reference to the doing of an act in a place outside the State that constitutes a serious offence under the law of that place and which act would, if done in the State, constitute a serious offence.

• (4) In proceedings for an offence under this section it shall not be necessary for the prosecution to prove—

• (a) that the criminal organisation concerned or any of its members actually committed, as the case may be—

• (i) a serious offence in the State, or

• (ii) a serious offence under the law of a place outside the State where the act constituting the offence would, if done in the State, constitute a serious offence,

• (b) that the participation or contribution of the defendant actually—

• (i) enhanced the ability of the criminal organisation concerned or any of its members to commit, or

• (ii) facilitated the commission by it or any of its members of,

a serious offence, or

• (c) knowledge on the part of the defendant of the specific nature of any offence referred to in subsection (1)(a) or (b).

• (5) In determining whether a person participates in or contributes to an activity referred to in subsection (1), the court may consider, inter alia, whether the person—

• (a) uses a name, word, symbol or other representation that identifies, or is associated with, the criminal organisation concerned, or

• (b) receives any benefit from the criminal organisation concerned.

• (6) In proceedings for an offence under this section, it shall be presumed, until the contrary is shown, that the participation or contribution (the "relevant act") of the defendant referred to in subsection (1) was engaged in or made with the state of mind on the defendant’s part referred to in paragraph (a) or (b) of that subsection if the circumstances under which the relevant act was committed—

• (a) involved either—

• (i) the possession by the defendant, whilst in the presence of one or more other persons, of any article or item referred to in the Table to this section, or

• (ii) there being present in (or, in the case of a false registration plate referred to in paragraph 8 of that Table, present in or affixed to) any vehicle—

• (I) the use of which appears connected with the relevant act, and

• (II) of which the defendant and one or more other persons were occupants on or about the date of commission of the relevant act,

any such article or item,

and

• (b) those circumstances are such as give rise to a reasonable suspicion that the defendant’s state of mind was as aforesaid at the time of the relevant act’s commission.

Table

72A. F16[Offences under this Part: inferences that may be drawn.

72A.— (1) Where in any proceedings against a person F17[for an offence under this Part or the offence of conspiracy to murder under section 4 of the Act of 1861] evidence is given that the defendant at any time before he or she was charged with the offence, on being questioned by a member of the Garda Síochána in relation to the offence, failed to answer any question material to the investigation of the offence, then the court in determining whether a charge should be dismissed under Part IA of the Criminal Procedure Act 1967 or whether there is a case to answer and the court (or subject to the judge’s directions, the jury) in determining whether the defendant is guilty of the offence may draw such inferences from the failure as appear proper; and the failure may, on the basis of such inferences, be treated as, or as capable of amounting to, corroboration of any evidence in relation to the offence, but a person shall not be convicted of the offence solely or mainly on an inference drawn from such a failure.

• (2) Subsection (1) shall not have effect unless—

• (a) the defendant was told in ordinary language when being questioned what the effect of such a failure might be, and

• (b) the defendant was afforded a reasonable opportunity to consult a solicitor before such a failure occurred.

• (3) Nothing in this section shall, in any proceedings—

• (a) prejudice the admissibility in evidence of the silence or other reaction of the defendant in the face of anything said in his or her presence relating to the conduct in respect of which he or she is charged, in so far as evidence thereof would be admissible apart from this section, or

• (b) be taken to preclude the drawing of any inference from the silence or other reaction of the defendant which could be properly drawn apart from this section.

• (4) The court (or, subject to the judge’s directions, the jury) shall, for the purposes of drawing an inference under this section, have regard to whenever, if appropriate, an answer to the question concerned was first given by the defendant.

• (5) This section shall not apply in relation to the questioning of a person by a member of the Garda Síochána unless it is recorded by electronic or similar means or the person consents in writing to it not being so recorded.

• (6) References in subsection (1) to evidence shall, in relation to the hearing of an application under Part IA of the Criminal Procedure Act 1967 for the dismissal of a charge, be taken to include a statement of the evidence to be given by a witness at the trial.

• (7) In this section "any question material to the investigation of the offence" means:

• (a) a question requesting that the defendant give a full account of his or her movements, actions, activities or associations during any specified period relevant to the offence being investigated; and

• (b) whichever one, or more than one, of the following is relevant to the offence being investigated—

• (i) a question relating to any statement or conduct of the type referred to in section 71A(3);

• (ii) a question relating to any benefit of the type referred to in section 71A(4)(b)(i) or 71B(4)(b) which the member of the Garda Síochána concerned reasonably believes was received by the defendant or on his or her behalf;

• (iii) a question relating to articles, or documents or other records, of the type referred to in section 71A(4)(b)(ii) or (5)(a);

• (iv) a question relating to any document or other record of the type referred to in section 71B(4)(a)—

• (I) created or purporting to be created by the defendant, or

• (II) found in the possession of the defendant on or about the time of his or her arrest or found on foot of a lawful search of any premises or vehicle occupied by the defendant;

• (v) a question relating to the suspected use by the defendant in a document of, or the suspected reference by him or her in a document to, a name, word, symbol or other representation of the type referred to in section 71B(4)(a)(iii);

• (vi) a question relating to—

• (I) the possession by the defendant, or

• (II) the presence in a vehicle referred to in section 72(6)(a)(ii) and in the circumstances involving the defendant referred to in that provision,

of any article or item referred to in the Table to section 72:

provided that no question shall be regarded as being material to the investigation of the offence unless the member of the Garda Síochána concerned reasonably believed that the question related to the participation of the defendant in the commission of the offence.

• (8) In this section references to a failure to answer include references to the giving of an answer that is false or misleading and references to the silence or other reaction of the defendant shall be construed accordingly.

• (9) This section shall not apply in relation to a failure to answer a question if the failure occurred before the commencement of section 9 of the Criminal Justice (Amendment) Act 2009.]

73. Commission of offence for criminal organisation.

73.— (1) A person who commits a serious offence for the benefit of, at the direction of, or in association with, a criminal organisation is guilty of an offence.

• (2) In proceedings for an offence under subsection (1), it shall not be necessary for the prosecution to prove that the person concerned knew any of the persons who constitute the criminal organisation concerned.

• (3) A person guilty of an offence under this section shall be liable on conviction on indictment to a fine or imprisonment for a term not exceeding F19[15 years] or both.

74. Proceedings relating to offences committed outside State.

74.— F20[(1) A person who does any act in a place outside the State that would, if done in the State, be an offence under section 71A or 72 and either—

• (a) the act in question is done on board an Irish ship or on an aircraft registered in the State, or

• (b) the person is—

• (i) an individual who is an Irish citizen or ordinarily resident in the State, or

• (ii) a body corporate established under the law of the State or a company within the meaning of the Companies Acts,

then the person is guilty of an offence and shall be liable to be proceeded against and punished as if he or she were guilty of an offence under section 71A or 72, as the case may be.]

• (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.

• F21[(2A) Proceedings for—

• (a) an offence under section 71 in relation to an act committed outside the State, or

• (b) an offence under subsection (1),

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.]

• (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 subsection (1) of section 71 applies and that is committed outside the State in the circumstances referred to in subsection (3) of that section if satisfied—

• (a) that—

• (i) a request for a 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 any country, 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 F22[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, and

• (ii) a final determination has been made that the F22[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 the 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)(ii)), 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 this section “F22[relevant arrest warrant]” and “issuing state” have the meanings they have in section 2(1) of the European Arrest Warrant Act 2003.

74A. F23[Aggravating factor: serious offence committed as part of, or in furtherance of, activities of criminal organisation.

74A.— (1) Where a court is determining the sentence to be imposed on a person for a serious offence, the fact that the offence was committed as part of, or in furtherance of, the activities of a criminal organisation shall be treated for the purpose of determining the sentence as an aggravating factor.

• (2) Accordingly, the court shall (except where the sentence for the serious offence is one of imprisonment for life or where the court considers that there are exceptional circumstances justifying its not doing so) impose a sentence that is greater than that which would have been imposed in the absence of such a factor.

• (3) The sentence imposed shall not be greater than the maximum sentence permissible for the serious offence.]

74B. F24[Exclusion of evidence in certain circumstances.

74B.— Nothing in this Part prevents a court, in proceedings thereunder, from excluding evidence that would otherwise be admissible if, in its opinion, the prejudicial effect of the evidence outweighs its probative value.]

75. Evidence in proceedings under this Part.

75.— F25[(1) In any proceedings for an offence under section 71 or 74—

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

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

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.]

• F26[(1A) In any proceedings for an offence under section 71, a certificate that is signed by the Director of Public Prosecutions or by a person authorised by him or her and that states any of the matters specified in paragraph (a), (b) or (c) of section 74(3) is evidence of the facts stated in the certificate, unless the contrary is shown.]

• (2) A document purporting to be a certificate under F25[subsection (1) or (1A)] 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 a certificate signed with the authority of the F25[Minister for Foreign Affairs and Trade, the Minister] or the Director of Public Prosecutions, to have been signed in accordance with the authorisation.

76. Liability for offences by bodies corporate.

76.— (1) F27[Where an offence under this Part or the offence of conspiracy to murder under section 4 of the Act of 1861 is committed] by a body corporate and is proved to have been committed with the consent, connivance or approval of, or to have been attributable to any wilful neglect on the part of, any person, being a director, manager, secretary or any other officer of the body corporate or a person who was purporting to act in any such capacity, that person, as well as the body corporate, shall be guilty of an offence and shall be liable to be proceeded against and punished as if he or she were guilty of the first-mentioned offence.

• (2) Where the affairs of a body corporate are managed by its members, subsection (1) shall apply in relation to the acts and defaults of a member in connection with his or her functions of management as if he or she were a director or manager of the body corporate.

77. F28[Double jeopardy.

77.— A person who is acquitted or convicted of an offence in a place outside the State shall not be proceeded against for an offence—

• (a) under section 71 consisting of the act, or the conspiracy to do an act, that constituted the offence,

• (b) under section 72 consisting of the act that constituted the offence, or

• (c) of conspiracy to murder under section 4 of the Act of 1861 consisting of the act, or the conspiracy to do the act, that constituted the offence,

of which the person was so acquitted or convicted.]

78. Amendment of Act of 1967.

78.— The Act of 1967 is amended—

• (a) in section 13(1), by the insertion of “or an offence under section 71, 72 or 73 of the Criminal Justice Act 2006” after “the offence of murder under section 6 or 11 of the Criminal Justice (Terrorist Offences) Act 2005 or an attempt to commit such offence”, and

• (b) in section 29(1), by the insertion of the following paragraph after paragraph (k):

• “(l) an offence under section 71, 72 or 73 of the Criminal Justice Act 2006.”.

79. Amendment of Schedule to Bail Act 1997.

79.— The Schedule to the Bail Act 1997 is amended by the insertion of the following after paragraph 28:

“Organised Crime.

28A.— An offence under section 71, 72 or 73 of the Criminal Justice Act 2006.”.

PART 8 Misuse of Drugs

80. Definition.

80.— In this Part “Act of 1977” means Misuse of Drugs Act 1977.

81. Amendment of section 15A of Act of 1977.

81.— (1) Section 15A of the Act of 1977 is amended by the insertion of the following subsection after subsection (3):

• “(3A) In any proceedings for an offence under this section, it shall not be necessary for the prosecutor to prove that a person knew that at any time while the controlled drug or drugs concerned were in the person’s possession that the market value of that drug or the aggregate of the market values of those drugs, as the case may be, amounted to €13,000 or more or that he or she was reckless in that regard.”.

• (2) This section shall not have effect in relation to proceedings for an offence under section 15A of the Act of 1977 instituted before the commencement of this section.

82. Importation of controlled drugs in excess of certain value.

82.— The Act of 1977 is amended by the insertion of the following section after section 15A:

“Importation of controlled drugs in excess of certain value.

15B.— (1) A person shall be guilty of an offence where—

• (a) the person imports one or more controlled drugs in contravention of regulations under section 5 of this Act, and

• (b) at or about the time the drug or drugs are imported the market value of the controlled drug or the aggregate of the market values of the controlled drugs, as the case may be, amounts to €13,000 or more.

• (2) If the court is satisfied that a member of the Garda Síochána or an officer of customs and excise has knowledge of the unlawful sale or supply of controlled drugs, that member or officer, as the case may be, shall be entitled in any proceedings for an offence under this section to be heard and to give evidence as to—

  • (a) the market value of the controlled drug concerned, or

  • (b) the aggregate of the market values of the controlled drugs concerned.

• (3) In any proceedings for an offence under this section, it shall not be necessary for the prosecutor to prove that a person knew that at the time the person imported the controlled drug or drugs concerned that the market value of that drug or the aggregate of the market values of those drugs, as the case may be, amounted to €13,000 or more or that he or she was reckless in that regard.

• (4) No proceedings may be instituted under this section except by or with the consent of the Director of Public Prosecutions.

• (5) In this section ‘market value’ and ‘an officer of customs and excise’ have the meanings they have in section 15A of this Act.”.

83. Supply of controlled drugs into prisons and places of detention.

83.— The Act of 1977 is amended by the insertion of the following section after section 15B (inserted by section 82 of this Act):

“Supply of controlled drugs into prisons and places of detention.

15C.— (1) A person shall be guilty of an offence where—

• (a) the person, other than in accordance with regulations made under section 4 of this Act, conveys a controlled drug into a prison, children detention school or remand centre or to a person in the prison, school or centre,

• (b) the person, other than in accordance with regulations made under section 4 of this Act, places a controlled drug in any place inside or outside a prison, children detention school or remand centre with intent that it shall come into the possession of a person in the prison, school or centre,

• (c) the person throws or projects a controlled drug into a prison, children detention school or remand centre, or

• (d) the person, while in the vicinity of a prison, children detention school or remand centre, has in his or her possession a controlled drug with intent to commit an act referred to in paragraph (a), (b) or (c) of this subsection.

• (2) A person may be guilty of an offence under subsection (1) of this section irrespective of the quantity of the controlled drug concerned.

• (3) Subject to section 29(3) of this Act, in any proceedings for an offence under subsection (1)(d) of this section, where—

  • (a) it is proved that a person was in possession of a controlled drug in the vicinity of a prison, children detention school or remand centre, as the case may be, and

  • (b) the court (or the jury, as the case may be), having regard to all the circumstances including the person’s proximity to the prison, school or centre, as the case may be, the packaging (if any) of the controlled drug and the time of the day or night concerned, is satisfied that it is reasonable to assume that the controlled drug was not intended for his or her immediate personal use,

  he or she shall be presumed, until the court (or the jury, as the case may be) is satisfied to the contrary, to have been in possession of the controlled drug with intent to commit an act referred to in paragraph (a) or (b) or, as the case may be, (c) of subsection (1) of this section.

• (4) In any proceedings for an offence under subsection (1) of this section, it shall not be necessary for the prosecutor to prove that the controlled drug concerned was intended to come into the possession of any particular person in the prison, children detention school or remand centre, as the case may be.

• (5) If a prison officer or an authorised member of the staff of a children detention school or remand centre reasonably suspects that a person has committed or is committing an offence under this section, he or she may, for the purpose of detecting the commission of such an offence, search the person at any time while he or she is in the prison, school or centre, as the case may be.

• (6) A prison officer or an authorised member of the staff of a children detention school or remand centre may, for the purpose of performing his or her functions under subsection (5) of this section, have a controlled drug in his or her possession.

• (7) A person guilty of an offence under this section shall be 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 10 years or both.

• (8) In this section—

‘an authorised member of the staff’ —

- (*a*) in relation to a children detention school, means a member of the staff of the school who is authorised in writing for the purposes of this section by the Director (within the meaning of section 157 of the Children Act 2001) of the school, and

- (*b*) in relation to a remand centre, means a member of the staff of the centre who is authorised in writing for the purposes of this section by the owners or, as the case may be, the managers of the centre;

  ‘children detention school’ and ‘remand centre’ have the meanings they have in section 3(1) of the Children Act 2001;

  ‘prison’ means a place of custody administered by the Minister for Justice, Equality and Law Reform and includes Saint Patrick’s Institution and a place of detention provided under section 2 of the Prisons Act 1970, and ‘prison officer’, in relation to a prison, shall be construed accordingly.”.

84. Amendment of section 27 of Act of 1977.

84.— Section 27 of the Act of 1977 is amended—

• (a) in subsection (3A)—

• (i) by the substitution of “an offence under section 15A or 15B of this Act” for “an offence under section 15A”, and

• (ii) by the substitution of the following paragraph for paragraph (a):

• “(a) to imprisonment for life or such shorter period as the court may determine, subject to subsections (3B) to (3CC) of this section or, where subsection (3CCCC) of this section applies, to that subsection, and”,

• (b) by the insertion of the following subsection after subsection (3A):

• “(3AA) The court, in imposing sentence on a person for an offence under section 15A or 15B of this Act, may, in particular, have regard to whether the person has a previous conviction for a drug trafficking offence.”,

• (c) in subsection (3B), by the substitution of “an offence under section 15A or 15B of this Act” for “an offence under section 15A”,

• (d) by the insertion of the following subsections after subsection (3C):

• “(3CC) The court, in considering for the purposes of subsection (3C) of this section whether a sentence of not less than 10 years imprisonment is unjust in all the circumstances, may have regard, in particular, to—

  • (a) whether the person convicted of the offence concerned was previously convicted in respect of a drug trafficking offence, and

  • (b) whether the public interest in preventing drug trafficking would be served by the imposition of a lesser sentence.

• (3CCC) Subsections (3B) to (3CC) of this section apply and have effect only in relation to a person convicted of a first offence under section 15A or 15B of this Act (other than a person who falls under paragraph (b) of subsection (3CCCC) of this section), and accordingly references in those first-mentioned subsections to an offence under section 15A or 15B of this Act are to be construed as references to a first such offence.

• (3CCCC) Where a person (other than a child or young person)—

  • (a) is convicted of a second or subsequent offence under section 15A or 15B of this Act, or

  • (b) is convicted of a first offence under one of those sections and has been convicted under the other of those sections,

  the court shall, in imposing sentence, specify as the minimum period of imprisonment to be served by that person a period of not less than 10 years.”,

• (e) in subsection (3I), by the substitution of “an offence under section 15A or 15B of this Act” for “an offence under section 15A of this Act” and the substitution of “each of those offences” for “that offence”, and

• (f) by the insertion of the following subsection after subsection (3J):

• “(3K) In subsections (3AA) and (3CC) of this section ‘drug trafficking offence’ has the meaning it has in section 3(1) of the Criminal Justice Act 1994 and in subsection (3CC) of this section ‘drug trafficking’ has the meaning it has in the said section 3(1).”.

85. Amendment of section 29 of Act of 1977.

85.— Section 29 of the Act of 1977 is amended by the substitution of the following subsection for subsection (3):

• “(3) In any proceedings for an offence under section 15 or 15A, or subsection (1)(d) of section 15C, of this Act, a defendant may rebut the presumption raised by subsection (2) of the said section 15 or 15A or subsection (3) of the said section 15C, as the case may be, by showing that at the time of the alleged offence, he or she was by virtue of regulations made under section 4 of this Act lawfully in possession of the controlled drug or drugs to which the proceedings relate.”.

86. Amendment of section 3(1) of Criminal Justice Act 1994.

86.— Section 3(1) of the Criminal Justice Act 1994 is amended in the definition of “drug trafficking offence” by the insertion of the following paragraph after paragraph (bb):

• “(bbb) an offence under section 15B (importation of controlled drugs in excess of certain value) of that Act,”.

PART 9 Obligations of Drug Trafficking Offenders to Notify Certain Information

87. Definitions ( Part 9 ).

87.— In this Part, unless the context otherwise requires—

“court” means any court exercising criminal jurisdiction and includes a court-martial;

“imprisonment” includes detention in Saint Patrick’s Institution and a place of detention provided under section 2 of the Prisons Act 1970, and “ prison” shall be construed accordingly;

“prescribed” means prescribed by regulations made by the Minister under this Act;

“relevant date” means the date of conviction for the drug trafficking offence concerned;

“remission from the sentence” means, in relation to the sentence imposed on a person, the remission which the person may earn from the sentence under the rules or practice whereby prisoners generally may earn remission of sentence by industry and good conduct;

“sentence” includes a sentence of imprisonment and an order postponing sentence.

88. Drug trafficking offences for purposes of this Part.

88.— In this Part “drug trafficking offence” has the meaning it has in section 3(1) (as amended by section 86 ) of the Criminal Justice Act 1994 but does not include such an offence unless the person convicted of it has, in respect thereof, been sentenced to imprisonment for a period of more than one year.

89. Persons subject to the requirements of this Part.

89.— (1) Without prejudice to subsections (2) and (3) and section 95 , a person is subject to the requirements of this Part if he or she is convicted on indictment of a drug trafficking offence after the commencement of this Part.

• (2) A person is also subject to the requirements of this Part if he or she has been convicted on indictment of a drug trafficking offence before the commencement of this Part and, at that commencement, the sentence to be imposed on the person in respect of the offence has yet to be determined.

• (3) If a person has been convicted on indictment of a drug trafficking offence before the commencement of this Part and, at that commencement, a sentence has been imposed on the person in respect of the offence and—

• (a) the person is serving the sentence in prison,

• (b) the person is temporarily released under section 2 of the Criminal Justice Act 1960, or

• (c) the sentence is otherwise still in force or current,

the Circuit Court, in the circuit where the person ordinarily resides or has his or her most usual place of abode, may, on application to it in that behalf by a member of the Garda Síochána not below the rank of superintendent, order that the person shall be subject to the requirements of this Part if it considers that the interests of the common good so require and that it is appropriate in all the circumstances of the case.

• (4) An application under subsection (3) may be made within a period of 2 months, or such longer period as the Circuit Court may permit, of the commencement of this Part.

90. Period for which person is subject to requirements of this Part and related matters.

90.— (1) A person who, by reason of section 89 , is subject to the requirements of this Part shall be so subject for the period referred to in subsection (3) or, in the case of a person referred to in subsection (2) or (3) of section 89 , so much (if any) of that period as falls after the commencement of this Part.

• (2) Subsection (1) is subject to section 93 .

• (3) The period mentioned in subsection (1) is the period, beginning with the relevant date, of—

• (a) 12 years if the sentence imposed on the person in respect of the offence concerned is one of imprisonment for life,

• (b) 7 years if the sentence imposed on the person in respect of the offence concerned is one of imprisonment for a term of more than 10 years but not one of imprisonment for life,

• (c) 5 years if the sentence imposed on the person in respect of the offence concerned is one of imprisonment for a term of more than 5 years but not more than 10 years,

• (d) 3 years if the sentence imposed on the person in respect of the offence concerned is one of imprisonment for a term of more than one year but not more than 5 years,

• (e) one year if the sentence imposed on the person in respect of the offence concerned is one of imprisonment for any term, the operation of the whole of which is suspended (but, if the operation of that term is revived by the court, whichever of the preceding paragraphs is appropriate shall apply instead of this paragraph).

• (4) If—

• (a) a sentence is imposed on a person in respect of a drug trafficking offence, and

• (b) at the time of sentencing the person is aged under 18 years,

subsection (3) shall have effect in relation to that person as if for the references to 12 years, 7 years, 5 years, 3 years and one year in that subsection there were substituted references to 6 years, 3½ years, 2½ years, 1½ years and 6 months, respectively.

• (5) If a sentence of imprisonment for any term is imposed on the person referred to in subsection (1) in respect of the offence concerned and the operation of a part of that term is suspended—

• (a) the part of that term the operation of which is not suspended shall be regarded as the term of imprisonment imposed on that person for the purposes of subsection (3) (but, if the operation of the first-mentioned part of that term is revived by the court, whichever of paragraphs (a) , (b) , (c) and (d) of subsection (3) is appropriate shall apply without regard to this paragraph),

• (b) paragraph (a) extends to a case in which that suspension is provided for subsequent to the imposition of the sentence.

• (6) If a person is or has been sentenced in respect of 2 or more drug trafficking offences and the sentences imposed are consecutive or partly concurrent then subsection (3) shall have effect as if—

• (a) in the case of consecutive sentences, the sentence imposed in respect of each of the offences were or had been a sentence equal to the aggregate of those sentences,

• (b) in the case of partly concurrent sentences, the sentence imposed in respect of each of the offences were or had been a sentence equal to the aggregate of those sentences after making such deduction as is necessary to ensure that no period of time is counted more than once.

• (7) Without prejudice to section 93 , a person shall cease to be subject to the requirements of this Part if the conviction in respect of the offence concerned is quashed on appeal or otherwise.

• (8) A reference in this section to a sentence imposed on a person shall, if the sentence is varied on appeal, be construed as a reference to the sentence as so varied and, accordingly, the period for which a person is subject to the requirements of this Part, by reason of this section, shall stand reduced or increased, as the case may be, in the event that such a variation is made which results in the sentence falling under a different paragraph of subsection (3) than it did before the variation.

91. Supply of information to facilitate compliance with this Part.

91.— The person for the time being in charge of the place where a person subject to the requirements of this Part is ordered to be imprisoned in respect of an offence (whether or not the offence that gave rise to the person’s being subject to those requirements) shall notify in writing—

• (a) before the date on which the sentence of imprisonment imposed on the person in respect of the first-mentioned offence expires or, as the case may be, the person’s remission from the sentence begins (“the date of release”), the person that he or she is subject to the requirements of this Part, and

• (b) at least 10 days before the date of release, the Commissioner of the Garda Síochána of the fact that that expiry or remission will occur in relation to the person.

92. Notification requirements.

92.— (1) A person who is subject to the requirements of this Part shall, before the end of the period of 7 days beginning with—

• (a) the relevant date,

• (b) if an order is made under section 89(3) or 95(3) , the date of the order, or

• (c) if the relevant date is prior to the commencement of this Part and no such order is made, that commencement,

notify to the Garda Síochána—

• (i) his or her name and, where he or she also uses one or more other names, each of those names, and

• (ii) his or her home address.

• (2) A person who is subject to those requirements shall also, before the end of the period of 7 days beginning with—

• (a) the person’s using a name which is not the name, or one of the names, last previously notified by him or her to the Garda Síochána under this section,

• (b) any change of his or her home address,

• (c) the person’s having resided or stayed, for a qualifying period, at any place in the State, the address of which has not been notified to the Garda Síochána under this section as being his or her current home address, or

• (d) the person’s returning to an address in the State, having, immediately prior to such return, been outside the State for a continuous period of 7 days or more,

notify that name, the effect of that change, the address of that place or, as the case may be, the fact of that return to the Garda Síochána.

• (3) If a person who is subject to the requirements of this Part intends to leave the State for a continuous period of 7 days or more he or she shall notify the Garda Síochána of that intention and, if known, the address of the place outside the State he or she intends to reside or stay at.

• (4) If a person who is subject to the requirements of this Part is outside the State for a continuous period of 7 days or more and did not intend, on leaving the State, to be outside the State for such a continuous period, the person shall, subject to subsection (5), notify the Garda Síochána, before the expiry of a further period of 7 days, reckoned from the 7th day that he or she is so outside the State, of that fact and the address of the place at which he or she is residing or staying outside the State.

• (5) Subsection (4) shall not apply if the person concerned has returned to the State before the expiry of the further period of 7 days mentioned in that subsection.

• (6) A notification given to the Garda Síochána by any person shall not be regarded as complying with subsection (1), (2), (3) or (4) unless it also states the person’s—

• (a) date of birth,

• (b) name on the relevant date and, where he or she used one or more other names on that date, each of those names, and

• (c) home address on the relevant date.

• (7) For the purpose of determining any period for the purposes of subsection (1), (2), (3) or (4), there shall be disregarded any time when the person concerned is—

• (a) remanded in custody,

• (b) serving a sentence in prison, or

• (c) temporarily released under section 2 of the Criminal Justice Act 1960.

• (8) A person may give a notification under this section—

• (a) by attending in person at any Garda Síochána station which is a divisional or district headquarters and notifying orally a member of the Garda Síochána at the station of the matters concerned,

• (b) by sending, by post, a written notification of the matters concerned to any Garda Síochána station which is such a headquarters, or

• (c) by such other means as may be prescribed.

• (9) The onus of proof of the sending by post of such a notification shall, in any proceedings for an offence under section 94(1)(a), lie on the defendant.

• (10) A notification under this section shall be acknowledged in writing and that acknowledgement shall be in such form as may be prescribed.

• (11) In this section—

“home address”, in relation to any person, means the address of his or her sole or main residence or, if he or she has no such residence, his or her most usual place of abode or, if he or she has no such abode, the place which he or she regularly visits;

“qualifying period” means—

• (a) a period of 7 days, or

• (b) 2 or more periods, in any period of 12 months, which (taken together) amount to 7 days.

93. Discharge from obligation to comply with requirements of this Part.

93.— (1) A person who, by reason of sections 89 and 90 , is subject to the requirements of this Part for a period of 12 years or 6 years (in the case of a person to whom section 90 (4) applies) may apply to the court for an order discharging the person from the obligation to comply with those requirements on the ground that the interests of the common good are no longer served by his or her continuing to be subject to them.

• (2) An application under this section shall not be made before the expiration of the period of 8 years, or 4 years in the case of a person to whom section 90 (4) applies, from the date of the applicant’s release from prison.

• (3) The applicant shall, not later than the beginning of such period before the making of the application as may be prescribed, notify the superintendent of the Garda Síochána of the district in which he or she ordinarily resides or has his or her most usual place of abode of his or her intention to make an application under this section.

• (4) That superintendent or any other member of the Garda Síochána shall be entitled to appear and be heard at the hearing of that application.

• (5) On the hearing of an application under this section, the court shall, if it considers that it is appropriate to do so in all the circumstances of the case, make an order discharging the applicant from the obligation to comply with the requirements of this Part.

• (6) In considering an application under this section, the court may have regard to any matter that appears to it to be relevant and may, in particular, have regard to the character of the applicant, his or her conduct after conviction for the offence concerned and the offence concerned.

• (7) If the court makes an order discharging the applicant from the obligation to comply with the requirements of this Part, the court shall cause the Garda Síochána to be notified, in writing, of that discharge.

• (8) The jurisdiction of the court in respect of an application under this section may be exercised by the judge of the circuit where the applicant ordinarily resides or has his or her most usual place of abode.

• (9) Proceedings under this section shall be heard otherwise than in public.

• (10) In this section—

“applicant” means the person referred to in subsection (1) ;

“court” means the Circuit Court;

“date of the applicant’s release from prison” means the date on which the applicant’s sentence of imprisonment for the purposes of section 90 (3) expires or, as the case may be, his or her remission from the sentence begins.

94. Offences in connection with notification requirements.

94.— (1) A person who—

• (a) fails, without reasonable excuse, to comply with subsection (1), (2), (3) or (4) of section 92 or section 95(1), or

• (b) notifies to the Garda Síochána, in purported compliance with that subsection (1), (2), (3) or (4) or section 95(1), as may be appropriate, any information which he or she knows to be false or misleading in any respect,

shall be guilty of an offence.

• (2) A person is guilty of an offence under subsection (1)(a) on the day on which he or she first fails, without reasonable excuse, to comply with subsection (1), (2), (3) or (4), as the case may be, of section 92 or section 95(1) and continues to be guilty of it throughout any period during which the failure continues; but a person shall not be prosecuted under that provision more than once in respect of the same failure.

• (3) A person guilty of an offence under this section shall be liable, on summary conviction, to a fine not exceeding €3,000 or imprisonment for a term not exceeding 12 months or both.

• (4) In proceedings for an offence under subsection (1)(a) a statement on oath by a member of the Garda Síochána referred to in subsection (5) that no notification of the matters concerned was given by the defendant to the Garda Síochána by any of the means referred to in section 92(8) shall, until the contrary is shown, be evidence that no such notification was given by the defendant.

• (5) The member of the Garda Síochána referred to in subsection (4) is a member not below the rank of sergeant who, from his or her evidence to the court, the court is satisfied—

• (a) is familiar with the systems operated by the Garda Síochána for recording the fact that particular information has been received by them, and

• (b) has made all proper inquiries in ascertaining whether a notification by the defendant of the matters concerned was received by the Garda Síochána.

95. Application of this Part to persons convicted outside State.

95.— (1) If—

• (a) a person has been convicted, in a place other than the State, of an offence,

• (b) the act constituting the offence concerned would, if done in the State, constitute a drug trafficking offence (within the meaning of this Part) under the law of the State, and either—

• (i) the person would, accordingly, be subject to the requirements of this Part by reason of subsection (1) or (2) of section 89, or

• (ii) at the commencement of this Part, the person, as a person who has been convicted of an offence mentioned in paragraph (a), is required, under the law of the first-mentioned place in that paragraph (however that requirement is described in that law), to notify to the police in that place information of a similar nature to that required to be notified by a person otherwise subject to the requirements of this Part,

and

• (c) the person is, at the time of the conviction, or thereafter becomes, resident in the State,

he or she shall, before the end of the period specified in subsection (2), notify to the Garda Síochána—

• (I) his or her name and, where he or she also uses one or more other names, each of those names,

• (II) his or her home address, and

• (III) the fact of his or her conviction for the offence referred to in paragraph (a).

• (2) The period referred to in subsection (1) is the period of 7 days beginning with—

• (a) in case the person is already resident in the State upon his or her so first returning and paragraph (c) does not apply, the date on which the person first returns to the State after being convicted of the offence concerned,

• (b) in case the person is not so resident and paragraph (c) does not apply, the date on which the person first becomes resident in the State after being convicted of the offence concerned, or

• (c) in case the date on which the person so first returns to, or becomes resident in, the State is prior to the commencement of this Part, the commencement of this Part.

• (3) The Circuit Court, in the circuit where a person to whom subsection (1) applies ordinarily resides or has his or her most usual place of abode, on application to it in that behalf by a member of the Garda Síochána not below the rank of superintendent, may order that the person shall be subject to the requirements of this Part if it considers that the interests of the common good so require and that it is appropriate in all the circumstances of the case.

• (4) An application under subsection (3) may be made within a period of—

• (a) 2 months of the date of the notification under subsection (1), or

• (b) if no such notification is given, 6 months of the date specified in paragraph (a), (b) or (c), as may be appropriate, of subsection (2),

or such longer period as the Circuit Court may permit.

• (5) For the purposes of this section, a person shall be deemed to be resident in the State if he or she is ordinarily resident, or has his or her principal residence, in the State, or is in the State for a qualifying period.

• (6) Where a person to whom this section applies is charged with an offence under section 94, he or she shall, whether or not he or she would be treated for the purposes of section 94 as having a reasonable excuse apart from this subsection, be treated for those purposes as having a reasonable excuse if he or she believed that the act constituting the offence referred to in subsection (1) would not, if done in the State, constitute any drug trafficking offence (within the meaning of this Part) under the law of the State.

• (7) For the purposes of subsection (6), it is immaterial whether a belief is justified or not if it is honestly held.

• (8) Subsections (8) to (10) of section 92 shall apply to a notification under subsection (1) as they apply to a notification under that section.

• (9) In this section—

“police” means, in relation to the first-mentioned place in subsection (1), any police force in that place, or a member thereof, whether that force is organised at a national, regional or local level;

“home address” and “qualifying period” have the same meanings as they have in section 92.

96. Certificate as evidence of person’s being subject to requirements of this Part.

96.— (1) If the conviction, after the commencement of this Part, of a person for an offence gives rise or may give rise to his or her becoming subject to the requirements of this Part, the court before which he or she is convicted of the offence shall forthwith, after the conviction, issue to each of the persons referred to in subsection (6) a certificate stating—

• (a) that the person has been convicted of the offence,

• (b) the sentence, if any, imposed on the person in respect of the offence, and

• (c) that the person has become or, as may be appropriate, may become subject to the requirements of this Part.

• (2) If a sentence is imposed on a person in respect of the offence referred to in subsection (1) after a certificate relating to that offence has been issued under that subsection, the court which imposed the sentence shall forthwith, after the imposition of the sentence, issue to each of the persons referred to in subsection (6) a certificate stating the sentence that has been imposed on the person.

• (3) A court that makes an order under section 89(3) or 95(3) in respect of a person shall forthwith, after the making of the order, issue to each of the persons referred to in subsection (6) a certificate stating—

• (a) the offence for which the person has been convicted that gave rise to his or her becoming subject to the requirements of this Part,

• (b) the sentence imposed on the person in respect of that offence, and

• (c) that the person has become subject to the requirements of this Part.

• (4) If—