CRIMINAL LAW, CIVIL LAW AND DEFENCE (MISCELLANEOUS PROVISIONS) ACT 2026

• (8) The Director shall ensure that all PNR data retained by the PIU in accordance with this section are kept securely and that only such persons as are authorised in writing by him or her shall be permitted to have access to such data.

105. Maintenance of documentation and retention of records

105. (1) The PIU shall maintain documentation relating to all of its systems and procedures relating to the processing of personal data under this Part, which documentation shall contain at a minimum—

• (a) the name and contact details of members of staff of the PIU authorised to process PNR data and, where applicable, levels of access authorised to that data;

• (b) details of the requests made to the PIU by competent authorities and PIUs of other Member States under this Part;

• (c) details of all requests from, and transfers to, a competent authority of a third country of PNR data, or the result of the processing of such data by the PIU.

• (2) The PIU shall keep records of the processing operations involving the collection, consultation, disclosure and erasure of PNR data.

• (3) Records kept under subsection (2) in relation to the consultation and disclosure of PNR data shall include, in particular, details of—

• (a) the purpose, date and time of the processing operation concerned, and

• (b) in so far as is possible—

• (i) the identity of the staff member of the PIU who consulted or disclosed the PNR data, and

• (ii) in the case of data that is disclosed, the identity of the recipients of such data.

• (4) Records kept under subsection (2) shall be—

• (a) used by the PIU solely for the purposes of verification, self-monitoring, ensuring data integrity and security and auditing, and

• (b) subject to subsection (5), kept for a period of 5 years.

• (5) Where records kept under subsection (2) contain PNR data, that PNR data shall be retained in accordance with section 104.

• (6) The PIU shall, on request of the Data Protection Commission, make available to the Commission all documentation and records required to be maintained under this section.

• (7) The Director shall ensure that all documentation created by or on behalf of, and maintained by, the PIU in relation to processing systems and procedures, and all records kept by the PIU in accordance with this section, are kept securely and that only such persons as are authorised in writing by him or her shall be permitted to have access to such documentation or records.

Chapter 7 Transitional provisions: Regulations of 2018

106. Interpretation (Part 19, Chapter 7)

106. A reference in this Chapter to a numbered Regulation is a reference to that Regulation so numbered in the Regulations of 2018.

107. Transitional arrangements in relation to assessment of PNR data by PIU

107. (1) Where, before the date of coming into operation of section 81, the PIU has commenced but not completed an assessment referred to in Regulation 5(1)(a), the assessment shall, on or after that date, be completed under section 96 and the provisions of this Part shall apply accordingly to that assessment.

• (2) Where—

• (a) before the coming into operation of section 81, the PIU has carried out an assessment referred to in Regulation 5(1)(a) and has identified a person who requires further examination, and

• (b) on that date, the PIU has not transmitted the PNR data or the result of the processing of such data in accordance with Regulation 6(1) or (2),

the assessment shall, on and after that date, be taken to be an assessment carried out under section 96(1) and the provisions of this Part shall apply accordingly.

108. Transitional provisions: transfers of PNR data to PIU

108. (1) Where—

• (a) before the date of coming into operation of section 81, an air carrier has transferred to the PIU—

• (i) PNR data, in accordance with Regulation 10(1) or (2), or

• (ii) API data, in accordance with Regulation 10(3),

and

• (b) on that date, an assessment referred to in Regulation 5(1)(a) has not been commenced by the PIU, or has been commenced but has not been completed,

the transfer of the data by the air carrier to the PIU shall, on and after that date, be taken to be a transfer—

• (i) in the case of PNR data referred to in subsection (1)(a)(i), section 95(1), and

• (ii) in the case of API data referred to in subsection (1)(a)(i), section 95(5),

and the provisions of this Part shall apply accordingly.

• (2) Where—

• (a) before the date of coming into operation of section 81, PNR data relating to a person, or the result of the processing of those data, have been transmitted to the PIU by the PIU of another Member State under Regulation 6(3), and

• (b) on that date, the data have not been transmitted by the PIU to the relevant competent authority (within the meaning of the Regulations of 2018),

the data shall, on and after that date, be taken to be data received by the PIU under section 97(3) and the provisions of this Part shall apply accordingly.

109. Transitional provisions: requests to PIU for PNR data

109. (1) Where—

• (a) before the date of coming into operation of section 81, a request is received by the PIU for PNR data, or the result of the processing of such data, from—

• (i) the PIU of another Member State, under paragraph (1) of Regulation 7, or

• (ii) a competent authority of another Member State under paragraph (4) of that Regulation,

and

• (b) on that date, the PNR data, or the result of the processing of such data, have not been transmitted to the PIU of the other Member State, or the competent authority of the other Member State, as the case may be, on foot of the request,

the request shall, on and after that date, be taken to be—

• (i) in the case of a request referred to in paragraph (a)(i), a request received under section 99(1), and

• (ii) in the case of a request referred to in paragraph (a)(ii), a request submitted under section 99(5),

and the provisions of this Part shall apply accordingly.

• (2) Where—

• (a) before the date of coming into operation of section 81, a request is received by the PIU for PNR data, or the result of the processing of such data, from—

• (i) a PIU of another Member State, under paragraph (2) of Regulation 7, or

• (ii) a competent authority of another Member State, under paragraph (5) of that Regulation,

and

• (b) on that date, an application has not been made to the District Court under paragraph (2) or paragraph (5), as the case may be, of that Regulation,

the request shall, on and after that date, be taken to be—

• (i) in the case of a request referred to in paragraph (a)(i), a request received under section 99(1), and

• (ii) in the case of a request referred to in paragraph (a)(ii), a request submitted under section 99(5),

and the provisions of this Part shall apply accordingly.

• (3) Where, before the date of coming into operation of section 81—

• (a) a request is received by the PIU for PNR data, or the result of the processing of such data, from—

• (i) a PIU of another Member State, under paragraph (2) of Regulation 7, or

• (ii) a competent authority of another Member State, under paragraph (5) of that Regulation,

and

• (b) an application has been made to the District Court under paragraph (2) or paragraph (5), as the case may be, of that Regulation, but has not been determined by that Court on that date,

then on or after that date, that application shall be determined by the District Court in accordance with the Regulations of 2018 and, where the District Court approves the transmission of the data concerned, the PIU shall transfer the full data to the PIU of the other Member State, or the competent authority of the other Member State, as the case may be, in accordance with that Regulation.

• (4) Where—

• (a) before the date of coming into operation of section 81, the transmission of data has been approved by the District Court under paragraph (2) or (5) of Regulation 7, and

• (b) on that date, the data have not been transferred under the paragraph concerned following such approval,

then on or after that date, the PIU shall transfer the full data to the PIU of the other Member State, or the competent authority of the other Member State, as the case may be, in accordance with that Regulation.

• (5) Where—

• (a) before the date of coming into operation of section 81, a request is received under paragraph (7) of Regulation 7 by the PIU from the PIU of another Member State to obtain PNR data from an air carrier, and

• (b) on that date, the PIU has not requested the air carrier concerned to transfer the requested data to the PIU,

the request shall be taken to be a request under section 99(8) and the provisions of this Part shall apply accordingly.

• (6) Where—

• (a) before the date of coming into operation of section 81, a request is received under Regulation 8(1) by the PIU from Europol for PNR data, or the result of the processing of such data, and

• (b) on that date, the data have not been transferred to Europol,

the request shall, on and after that date, be taken to be a request received by the PIU under section 101(1), and the provisions of this Part shall apply accordingly.

• (7) Where—

• (a) before the date of coming into operation of section 81, a request is received under paragraph (2) of Regulation 8 by the PIU from Europol for PNR data, or the result of the processing of such data, and

• (b) on that date, an application has not been made to the District Court under that Regulation,

the request shall, on and after that date, be taken to be a request received by the PIU under section 101(1) and the provisions of this Part shall apply accordingly.

• (8) Where—

• (a) before the date of coming into operation of section 81, a request is received under paragraph (2) of Regulation 8 by the PIU from Europol for PNR data, or the result of the processing of such data, and

• (b) on that date, an application has been made to the District Court under that Regulation but has not been determined by that Court,

then, on or after that date, that application shall be determined by the District Court in accordance with the Regulations of 2018, and where the District Court approves the transmission of the data concerned, the PIU shall transmit the full data to Europol in accordance with that Regulation.

• (9) Where—

• (a) before the date of coming into operation of section 81, the transmission of data has been approved by the District Court under paragraph (2) of Regulation 8, and

• (b) on that date, the data have not been transmitted under that provision following such approval,

then, on or after that date, the PIU shall transmit the full data to Europol in accordance with that Regulation.

• (10) Where—

• (a) before the date of coming into operation of section 81, a request is received under paragraph (2) of Regulation 9 by the PIU from a competent authority for PNR data, or the result of the processing of such data, and

• (b) on that date, an application has not been made to the District Court under that Regulation,

the request shall, on and after that date, be taken to be a request made under section 98(2) and the provisions of this Part shall apply accordingly.

• (11) Where, before the coming into operation of section 81—

• (a) a request is received under paragraph (2) of Regulation 9 by the PIU from a competent authority for PNR data, or the result of the processing of such data, and

• (b) an application has been made to the District Court under that Regulation but has not been determined by that Court,

then, on or after that date, that application shall be determined by the District Court in accordance with the Regulations of 2018, and where the District Court approves the transmission of the data concerned, disclosure of the full PNR data may be made in accordance with that Regulation.

• (12) Where—

• (a) before the date of coming into operation of section 81, the transmission of data has been approved by the District Court under paragraph (2) of Regulation 9, and

• (b) on that date, the data have not been disclosed under that provision following such approval,

then, on or after that date, disclosure of the full PNR data may be made in accordance with that Regulation.

• (13) Where—

• (a) before the date of coming into operation of section 81, a request has been received by the PIU under paragraph (1) of Regulation 16 from a third country for PNR data, or the result of the processing of such data, and

• (b) on that date, the PNR data, or the result of the processing of such data, have not been transmitted to the third country,

the request shall, on and after that date, be taken to be a request received by the PIU under section 102(1) and the provisions of this Part shall apply accordingly.

• (14) Where—

• (a) before the date of coming into operation of section 81, a request is received by the PIU under paragraph (2) of Regulation 16 from a third country for PNR data, or the result of the processing of such data, and

• (b) on that date, an application has not been made to the District Court under that Regulation,

the request shall, on and after that date, be taken to be a request received by the PIU under section 102(1) and the provisions of this Part shall apply accordingly.

• (15) Where—

• (a) before the date of coming into operation of section 81, a request is received by the PIU under paragraph (2) of Regulation 16 from a third country for PNR data, or the result of the processing of such data, and

• (b) on that date, an application has been made to the District Court under that Regulation but has not been determined by that Court,

then, on or after that date, that application shall be determined by the District Court in accordance with the Regulations of 2018, and where the District Court approves the transmission of the data concerned, the PIU shall transmit the full data to the third country concerned in accordance with that Regulation.

• (16) Where—

• (a) before the date of coming into operation of section 81, the transmission of data has been approved by the District Court under paragraph (2) of Regulation 16, and

• (b) on that date, the data have not been transmitted under that provision following such approval,

then, on or after that date, the PIU shall transmit the full data to the third country concerned in accordance with that Regulation.

• (17) Where—

• (a) before the date of coming into operation of section 81, a transfer of PNR data to a third country has taken place pursuant to paragraph (3) of Regulation 16 without the prior consent of the Member State from which the PNR data were obtained, and

• (b) on that date, the PIU has not informed the PIU of the Member State concerned of the transfer,

the PNR data shall, on and after that date, be taken to have been transferred in accordance with section 102(6) and the provisions of this Part shall apply accordingly.

110. Transitional provisions: requests by PIU for PNR data

110. (1) Where—

• (a) before the date of coming into operation of section 81, a request is made by the PIU to the PIU of another Member State under paragraph (8) or (10) of Regulation 7, and

• (b) on that date, the data requested have not been transferred to the PIU by the PIU of the other Member State concerned,

the request shall, on and after that date, be taken to be—

• (i) in the case of a request under paragraph (8) of that Regulation, a request under section 100(1), and

• (ii) in the case of a request under paragraph (10) of that Regulation, a request under section 100(4),

and the provisions of this Part shall apply accordingly.

• (2) Where—

• (a) before the date of coming into operation of section 81, a request is made by a competent authority to the PIU of another Member State under paragraph (9) of Regulation 7, and

• (b) on that date, the PNR data requested have not been transferred to the competent authority by the PIU of the Member State concerned,

the request shall, on and after that date, be taken to be a request under section 100(3), and the provisions of this Part shall apply accordingly.

111. Transitional provisions: retention of PNR data

111. (1) PNR data that is, immediately before the date of coming into operation of section 81, lawfully retained in a database of the PIU, may, on the coming into operation of that section, continue to be retained under section 104, subject to the modifications that, in the case of data continued to be retained pursuant to this section—

• (a) a reference in section 104(1)(a) to an initial period of 6 months from the date of the transfer shall be taken to be a reference to the balance of an initial period of 6 months from the date of the transfer of the PNR data concerned to the PIU under the Regulations of 2018, and

• (b) a reference in section 104(1)(b) to a further period not exceeding 4 years and 6 months shall be taken to be a reference to the balance of a period, not exceeding 4 years and 6 months commencing on the date of the expiration of the initial period of 6 months from the date of the transfer of the PNR data under the Regulations of 2018.

• (2) PNR data that is, immediately before the date of coming into operation of section 81, lawfully retained by a competent authority, in accordance with Regulation 11 shall, on the coming into operation of that section, continue to be retained by that competent authority under subsection (7) of section 104, subject to the modification that, in the case of data continued to be retained pursuant to this section, a reference in paragraph (a) of that subsection to a period of 5 years shall be taken to be a reference to the balance of the period of 5 years referred to in Regulation 11(3)(a).

• (3) Where, immediately before the date of coming into operation of section 81, the result of an assessment of passengers under Regulation 5(1)(a) has been retained for the purpose referred to in that provision, the PIU may, on and after that date, continue to retain that result under subsection (4) of section 104 for as long as is necessary for the purpose referred to in paragraphs (a) or (b), as the case may be, of that subsection.

• (4) Where the result of automated processing has been proven to be negative as referred to in Regulation 11(6) and that result is, immediately before the coming into operation of section 81, retained by the PIU in accordance with that provision for a period of less than 6 months, that result may, on the coming into operation of that section, continue to be retained by the PIU under section 104(5)—

• (a) for the balance of that 6 month period, and

• (b) for the purposes referred to in that subsection.

112. Transitional provisions: retention of documentation and records

112. (1) Documentation maintained by the PIU under paragraph (1) of Regulation 12 immediately prior to the date of coming into operation of section 81 shall, on and after that date, continue to be maintained by the PIU in accordance with section 105.

• (2) Records that are lawfully kept by the PIU under paragraph (2) of Regulation 12 immediately prior to the date of coming into operation of section 81 shall, on and after that date, be kept for the balance of the period of 5 years referred to in paragraph (4)(b) of that Regulation in accordance with section 105, subject to the modification that, in the case of records continued to be kept pursuant to this section, a reference in section 105(4) to a period of 5 years shall be taken to be a reference to the balance of the period of 5 years referred to in paragraph (4)(b) of Regulation 12.

PART 20 Miscellaneous Amendments

113. Amendment of section 22 of Criminal Procedure Act 1967

113. Section 22(1B) of the Criminal Procedure Act 1967 is amended—

• (a) in paragraph (a), by the substitution of “District Court,” for “District Court, or”,

• (b) in paragraph (b), by the substitution of “District Court clerk, or” for “District Court clerk.”, and

• (c) by the insertion of the following paragraph after paragraph (b):

• “(c) where the person entering into the recognisance is for the time being in custody in a Garda Síochána station, the sergeant or other member of An Garda Síochána in charge of the station, in that station.”.

114. Amendment of section 28 of Civil Legal Aid Act 1995

114. Section 28 of the Civil Legal Aid Act 1995 is amended by the substitution of the following subsection for subsection (5C):

• “(5C) Notwithstanding any other provision of this Act, the Board shall grant a legal aid certificate to a complainant or witness for the purpose of his or her being represented in relation to a disclosure application (within the meaning of section 19A of the Criminal Evidence Act 1992) that concerns him or her and of which he or she has been notified under subsection (6)(b) or (7) of that section.”.

115. Amendment of Schedule to Bail Act 1997

115. The Schedule to the Bail Act 1997 is amended by—

• (a) the substitution of the following subparagraph for subparagraph (c) of paragraph 19:

• “(c) section 112(2) (using or taking a mechanically propelled vehicle without lawful authority).”,

and

• (b) the insertion of the following paragraphs after paragraph 45:

“Offences under the Criminal Justice Act 1999

46. An offence under section 41 of the Criminal Justice Act 1999.

Offences under the Sex Offenders Act 2001

47. An offence under section 12 of the Sex Offenders Act 2001.

Offences under the Domestic Violence Act 2018

48. An offence under section 38 or 39 of the Domestic Violence Act 2018.”.

116. Amendment of section 257D of Children Act 2001

116. Section 257D of the Children Act 2001 is amended by the substitution of “inspector” for “superintendent” in both places where it occurs.

117. Amendment of Schedule 5 to Social Welfare Consolidation Act 2005

117. Schedule 5 to the Social Welfare Consolidation Act 2005 is amended in paragraph 1(4) by—

• (a) the substitution of “An Garda Síochána,” for “An Garda Síochána and the Defence Forces in respect of their own members,”, and

• (b) the insertion, after “the Companies Registration Office,”, of the following:

“the Courts Service,

the Defence Forces in respect of its own members,

the Director of Public Prosecutions,”.

118. Amendment of Multi-Unit Developments Act 2011

118. The Multi-Unit Developments Act 2011 is amended—

• (a) in section 3(8), in the definition of “prescribed”, by the deletion of “having consulted the Minister for the Environment, Heritage and Local Government”, and

• (b) in section 33, by the deletion of “and the Minister for the Environment, Heritage and Local Government”.

119. Amendment of section 24 of Prisons Act 2015

119. Section 24(2)(a) of the Prisons Act 2015 is amended by the substitution of “two years of the term of imprisonment concerned remain” for “one year of the term of imprisonment concerned remains”.

120. Amendment of Civil Law and Criminal Law (Miscellaneous Provisions) Act 2020

120. The Civil Law and Criminal Law (Miscellaneous Provisions) Act 2020 is amended—

• (a) in section 11, by the substitution of the following subsection for subsection (3):

• “(3) A direction under subsection (1) or (2) may include such ancillary or consequential directions as the court concerned considers appropriate.”,

• (b) in section 20(2)—

• (i) in paragraph (b), by the substitution of “in such manner as may be specified in the rules,” for “in such manner as may be specified in the rules, and”, and

• (ii) by the insertion of the following paragraph after paragraph (b):

• “(ba) in relation to the transmission of a document referred to in paragraph (b) or (c) of subsection (1), require that the identity of the person receiving such a document be verified, including by the provision of the personal public service number (also within the said meaning) issued to the person, in such manner as may be specified in the rules, and”,

and

• (c) in section 26, by the substitution of the following subsection for subsection (3):

• “(3) A direction under subsection (1) or (2) may include such ancillary or consequential directions as the court concerned considers appropriate.”.

121. Amendment of Criminal Justice (Perjury and Related Offences) Act 2021

121. The Criminal Justice (Perjury and Related Offences) Act 2021 is amended—

• (a) in section 1—

• (i) in subsection (1), by the insertion of the following definitions:

“ ‘Act of 2026’ means the Criminal Law, Civil Law and Defence (Miscellaneous Provisions) Act 2026;

‘section 77 statement of truth’ has the same meaning as it has in section 77 of the Act of 2026;”,

and

• (ii) in subsection (2), by the substitution of “Section 21(3) of the Act of 2020 and section 77(3) of the Act of 2026” for “Section 21(3) of the Act of 2020”,

• (b) in section 2—

• (i) in subsection (1)—

• (I) in paragraph (b), by the deletion of “or”,

• (II) in paragraph (c), by the substitution of “section 21 of the Act of 2020, or” for “section 21 of the Act of 2020”, and

• (III) by the insertion of the following paragraph after paragraph (c):

• “(d) in a section 77 statement of truth made in place of an affidavit in accordance with section 77 of the Act of 2026,”,

and

• (ii) in subsection (2), by the substitution of “paragraph (a), (b), (c) or (d)” for “paragraph (a), (b) or (c)”,

and

• (c) in section 6(1), by the insertion of the following paragraph after paragraph (b):

• “(ba) a section 77 statement of truth made in place of a statutory declaration in accordance with section 77 of the Act of 2026;”.

122. Amendment of section 34 of Criminal Justice (Mutual Recognition of Custodial Sentences) Act 2023

122. Section 34(1)(b) of the Criminal Justice (Mutual Recognition of Custodial Sentences) Act 2023 is amended by the substitution of “English language, or a translation of the Certificate in the Irish language or the English language,” for “English language”.

123. Amendment of section 37 of Criminal Justice (Miscellaneous Provisions) Act 2023

123. Section 37(1) of the Criminal Justice (Miscellaneous Provisions) Act 2023 is amended by the substitution of “section 96 of the Family Courts Act 2024” for “section 40 of the Civil Liability and Courts Act 2004”.

124. Amendment of section 34 of Judicial Appointments Commission Act 2023

124. Section 34(1) of the Judicial Appointments Commission Act 2023 is amended—

• (a) in paragraph (a), by the substitution of “Part 4,” for “Part 4, or”,

• (b) in paragraph (b), by the substitution of “57(5), or” for “57(5)”, and

• (c) by the insertion of the following paragraph after paragraph (b):

• “(c) the Judicial Appointments Advisory Board that was transferred to the Commission under section 68(2),”.

125. Amendment of section 95 of Family Courts Act 2024

125. Section 95 of the Family Courts Act 2024 is amended, in the definition of “relevant enactment”, by the insertion of the following paragraph after paragraph (l):

• “(la) section 37 of the Criminal Justice (Miscellaneous Provisions) Act 2023;”.

SCHEDULE 1 Amendments to Rome Statute of the International Criminal Court

Section 51

“SCHEDULE 1A

AMENDMENTS TO ROME STATUTE OF THE INTERNATIONAL CRIMINAL COURT

PART 1

AMENDMENTS TO ARTICLE 8 OF STATUTE

1. Amendment to Statute set out in Annex I of Resolution RC/Res.5, adopted on 10 June 2010 pursuant to Article 121 of the Statute

Amendment to article 8

Add to article 8, paragraph 2 (e), the following:

• “(xiii) Employing poison or poisoned weapons;

• (xiv) Employing asphyxiating, poisonous or other gases, and all analogous liquids, materials or devices;

• (xv) Employing bullets which expand or flatten easily in the human body, such as bullets with a hard envelope which does not entirely cover the core or is pierced with incisions.”

• Amendment to Statute set out in Annexes I to III of Resolution ICC- ASP/16/Res.4, adopted on 14 December 2017 pursuant to Article 121 of the Statute

Annex I

Amendment to be inserted as article 8-2-b)xxvii) and article 8-2-e)xvi) of the Rome Statute

Employing weapons, which use microbial or other biological agents, or toxins, whatever their origin or method of production;

Annex II

Amendment to be inserted as article 8-2-b)xxviii) and article 8-2-e)xvii)

Employing weapons the primary effect of which is to injure by fragments which in the human body escape detection by X-rays;

Annex III

Amendment to be inserted as article 8-2-b)xxix) and article 8-2-e)xviii)

Employing laser weapons specifically designed, as their sole combat function or as one of their combat functions, to cause permanent blindness to unenhanced vision, that is to the naked eye or to the eye with corrective eyesight devices;

1. Amendment to Statute set out in Annex I of Resolution ICC- ASP/18/Res.5, adopted on 6 December 2019 pursuant to Article 121 of the Statute

Amendment to be inserted as article 8-2-e)-xix) of the Rome Statute

Intentionally using starvation of civilians as a method of warfare by depriving them of objects indispensable to their survival, including willfully impeding relief supplies.

PART 2

AMENDMENT TO STATUTE SET OUT IN ANNEX I OF RESOLUTION RC/RES.6, ADOPTED ON 11 JUNE 2010 PURSUANT TO ARTICLE 121 OF THE STATUTE

1. Article 5, paragraph 2, of the Statute is deleted.

2. The following text is inserted after article 8 of the Statute:

Article 8 bis

Crime of aggression

1. For the purpose of this Statute, “crime of aggression” means the planning, preparation, initiation or execution, by a person in a position effectively to exercise control over or to direct the political or military action of a State, of an act of aggression which, by its character, gravity and scale, constitutes a manifest violation of the Charter of the United Nations.

2. For the purpose of paragraph 1, “act of aggression” means the use of armed force by a State against the sovereignty, territorial integrity or political independence of another State, or in any other manner inconsistent with the Charter of the United Nations. Any of the following acts, regardless of a declaration of war, shall, in accordance with United Nations General Assembly resolution 3314 (XXIX) of 14 December 1974, qualify as an act of aggression:

a) The invasion or attack by the armed forces of a State of the territory of another State, or any military occupation, however temporary, resulting from such invasion or attack, or any annexation by the use of force of the territory of another State or part thereof;

b) Bombardment by the armed forces of a State against the territory of another State or the use of any weapons by a State against the territory of another State;

c) The blockade of the ports or coasts of a State by the armed forces of another State;

d) An attack by the armed forces of a State on the land, sea or air forces, or marine and air fleets of another State;

e) The use of armed forces of one State which are within the territory of another State with the agreement of the receiving State, in contravention of the conditions provided for in the agreement or any extension of their presence in such territory beyond the termination of the agreement;

f) The action of a State in allowing its territory, which it has placed at the disposal of another State, to be used by that other State for perpetrating an act of aggression against a third State;

g) The sending by or on behalf of a State of armed bands, groups, irregulars or mercenaries, which carry out acts of armed force against another State of such gravity as to amount to the acts listed above, or its substantial involvement therein.

1. The following text is inserted after article 15 of the Statute:

Article 15 bis

Exercise of jurisdiction over the crime of aggression (State referral, proprio motu)

1. The Court may exercise jurisdiction over the crime of aggression in accordance with article 13, paragraphs (a) and (c), subject to the provisions of this article.

2. The Court may exercise jurisdiction only with respect to crimes of aggression committed one year after the ratification or acceptance of the amendments by thirty States Parties.

3. The Court shall exercise jurisdiction over the crime of aggression in accordance with this article, subject to a decision to be taken after 1 January 2017 by the same majority of States Parties as is required for the adoption of an amendment to the Statute.

4. The Court may, in accordance with article 12, exercise jurisdiction over a crime of aggression, arising from an act of aggression committed by a State Party, unless that State Party has previously declared that it does not accept such jurisdiction by lodging a declaration with the Registrar. The withdrawal of such a declaration may be effected at any time and shall be considered by the State Party within three years.

5. In respect of a State that is not a party to this Statute, the Court shall not exercise its jurisdiction over the crime of aggression when committed by that State’s nationals or on its territory.

6. Where the Prosecutor concludes that there is a reasonable basis to proceed with an investigation in respect of a crime of aggression, he or she shall first ascertain whether the Security Council has made a determination of an act of aggression committed by the State concerned. The Prosecutor shall notify the Secretary-General of the United Nations of the situation before the Court, including any relevant information and documents.

7. Where the Security Council has made such a determination, the Prosecutor may proceed with the investigation in respect of a crime of aggression.

8. Where no such determination is made within six months after the date of notification, the Prosecutor may proceed with the investigation in respect of a crime of aggression, provided that the Pre-Trial Division has authorized the commencement of the investigation in respect of a crime of aggression in accordance with the procedure contained in article 15, and the Security Council has not decided otherwise in accordance with article 16.

9. A determination of an act of aggression by an organ outside the Court shall be without prejudice to the Court’s own findings under this Statute.

10. This article is without prejudice to the provisions relating to the exercise of jurisdiction with respect to other crimes referred to in article 5.

11. The following text is inserted after article 15 bis of the Statute:

Article 15 ter

Exercise of jurisdiction over the crime of aggression (Security Council referral)

1. The Court may exercise jurisdiction over the crime of aggression in accordance with article 13, paragraph (b), subject to the provisions of this article.

2. The Court may exercise jurisdiction only with respect to crimes of aggression committed one year after the ratification or acceptance of the amendments by thirty States Parties.

3. The Court shall exercise jurisdiction over the crime of aggression in accordance with this article, subject to a decision to be taken after 1 January 2017 by the same majority of States Parties as is required for the adoption of an amendment to the Statute.

4. A determination of an act of aggression by an organ outside the Court shall be without prejudice to the Court’s own findings under this Statute.

5. This article is without prejudice to the provisions relating to the exercise of jurisdiction with respect to other crimes referred to in article 5.

6. The following text is inserted after article 25, paragraph 3, of the Statute:

3 bis. In respect of the crime of aggression, the provisions of this article shall apply only to persons in a position effectively to exercise control over or to direct the political or military action of a State.

1. The first sentence of article 9, paragraph 1, of the Statute is replaced by the following sentence:

2. Elements of Crimes shall assist the Court in the interpretation and application of articles 6, 7, 8 and 8 bis.

3. The chapeau of article 20, paragraph 3, of the Statute is replaced by the following paragraph; the rest of the paragraph remains unchanged:

4. No person who has been tried by another court for conduct also proscribed under article 6, 7, 8 or 8 bis shall be tried by the Court with respect to the same conduct unless the proceedings in the other court:”.

SCHEDULE 2 Passenger Name Record (PNR) Data

SCHEDULE 3 Serious Crime

An offence under—

sections 2(1), (2), (3), (4) and (6) of the Criminal Law (Jurisdiction) Act 1976 (No. 14 of 1976) to the extent that the offence in the Schedule of that Act related to the alleged offence is one specified in Schedule 3 of this Act

section 11 of the Criminal Justice (Terrorist Offences) Act 2005 (No. 2 of 2005) to the extent that the offence in Part 1 or Part 2 of Schedule 6 of that Act related to the alleged offence is one specified in Schedule 3 of this Act

section 71 of the Criminal Justice Act 2006 (No. 26 of 2006) to the extent that it relates to the alleged offence of conspiracy to commit an offence specified in Schedule 3 of this Act and the offence is one for which a person may be punished by imprisonment for a term of 3 years or more

An offence under—

section 21 or 21A of the Offences against the State Act 1939 (No. 13 of 1939)

section 6 of the Offences Against the State (Amendment) Act 1998 (No. 39 of 1998)

section 72 or 73 of the Criminal Justice Act 2006 (No. 26 of 2006)

An offence under—

section 9 of the Criminal Law (Sexual Offences) Act 1993 (No. 20 of 1993)

section 3 of the Child Trafficking and Pornography Act 1998 (No. 22 of 1998)

section 2, 4 or 5 of the Criminal Law (Human Trafficking) Act 2008 (No. 8 of 2008)

section 5 of the Criminal Justice (Public Order) Act 2011 (No. 5 of 2011)

section 38 of the Domestic Violence Act 2018 (No. 6 of 2018)

section 6, 7, 8 or 14 (other than subsection (8)(c) of that section) of the Criminal Justice (Smuggling of Persons) Act 2021 (No. 42 of 2021)

An offence under—

section 6 of the Criminal Law (Sexual Offences) Act 1993 (No. 20 of 1993)

section 2, 3, 4 or 5 of the Sexual Offences (Jurisdiction) Act 1996 (No. 38 of 1996) in so far as it relates to any offence specified in the Schedule of that Act that carries a maximum term of imprisonment of at least 3 years

section 3, 4, 4A, 5, 5A or 6 of the Child Trafficking and Pornography Act 1998 (No. 22 of 1998)

section 249(1) of the Children Act 2001 (No. 24 of 2001)

section 176(2) of the Criminal Justice Act 2006 (No. 26 of 2006)

section 2, 3 or 3A of the Criminal Law (Sexual Offences) Act 2006 (No. 15 of 2006)

section 3, 4, 5, 6, 7, 8 or 42 of the Criminal Law (Sexual Offences) Act 2017 (No. 2 of 2017)

An offence under—

section 3 (other than in the case of a first or second offence as provided for by section 27(1)), 15, 15A, 15B, 17, 19 or 21 (in so far as it relates to any offence specified in section 27 of that Act that carries a maximum term of imprisonment of at least 3 years) of the Misuse of Drugs Act 1977 (No. 12 of 1977)

section 34 of the Criminal Justice Act 1994 (No. 15 of 1994)

section 3(1), 3(2), 4, 5(1), 8(6) or 10(8) of the Criminal Justice (Psychoactive Substances) Act 2010 (No. 22 of 2010)

section 14 of the Customs Act 2015 (No. 18 of 2015)

An offence under—

section 4, 5, 31, 40, 43 or 81 of the Explosives Act 1875 (38 & 39 Vict.) c. 17

section 2, 3, 4(1) or 5 of the Explosive Substances Act 1883 (46 & 47 Vict.) c. 3

section 2, 15, 16 or 17 of the Firearms Act 1925 (No. 17 of 1925)

section 27A or 27B of the Firearms Act 1964 (No. 1 of 1964)

section 4 of the Firearms (Proofing) Act 1968 (No. 20 of 1968)

section 7, 8 or 12 of the Firearms and Offensive Weapons Act 1990 (No. 12 of 1990)

section 3 of the Chemical Weapons Act 1997 (No. 28 of 1997)

section 6 or 9 of the Cluster Munitions and Anti-Personnel Mines Act 2008 (No. 20 of 2008)

section 14 of the Customs Act 2015 (No. 18 of 2015)

An offence under—

section 5, 6, 7, 9 or 10 of the Criminal Justice (Corruption Offences) Act 2018 (No. 9 of 2018)

section 42A of the Criminal Justice (Theft and Fraud Offences) Act 2001 (No. 50 of 2001)

Conspiracy to defraud

An offence under—

section 119 of the Registration of Title Act 1964 (No. 16 of 1964)

section 2 of the Criminal Damage Act 1991 (No. 31 of 1991)

section 1078 of the Taxes Consolidation Act 1997 (No. 39 of 1997)

section 102 (other than subsections (1) and (2) of that section) of the Finance Act 1999 (No. 2 of 1999)

section 4, 6, 7, 9, 10, 11, 25, 26, 27, 28, 29, 42, 42A, 42B(3), 45 (in so far as it relates to an offence under section 42, 42A or 42B(3)) or 51 of the Criminal Justice (Theft and Fraud Offences) Act 2001 (No. 50 of 2001)

section 119 of the Finance Act 2001 (No. 7 of 2001)

section 6 of the Competition Act 2002 (No. 14 of 2002) being an offence involving an agreement, decision or concerted practice to which section 8(1) applies

subsection (3) or (4) of section 78 and section 78A of the Finance Act 2005 (No. 5 of 2005)

section 251, 252 (other than an offence under section 252(1)(d)), 253, 254, 255, 262 or 262A of the Social Welfare Consolidation Act 2005 (No. 26 of 2005)

section 17 or 19 of the Criminal Justice Act 2011 (No. 22 of 2011)

section 82, 87(5), 101, 102(3), 102(5), 286, 294, 324, 330, 387, 388, 389, 406, 507, 716, 717, 718, 719, 720(1), 721, 722, 767(4), 776, 876, 877, 878, 1148, 1200 or 1260 of the Companies Act 2014 (No. 38 of 2014)

section 14 of the Customs Act 2015 (No. 18 of 2015)

section 15A of the Assisted Decision-Making (Capacity) Act 2015 (No. 64 of 2015)

section 5 of the Markets in Financial Instruments Act 2018 (No. 25 of 2018)

section 26(1) of the Garda Síochána (Compensation) Act 2022 (No. 33 of 2022)

An offence under—

section 33, 34, 35, 36, 37 or 38 (in so far as it relates to an offence under section 33, 34, 35, 36 or 37) of the Criminal Justice (Theft and Fraud Offences) Act 2001 (No. 50 of 2001)

section 7, 8, 9, 10, 30A, 30B, 33A(3), 36A, 38, 38A, 39, 40C, 54, 57, 57A, 59, 108A or 109A of the Criminal Justice (Money Laundering and Terrorist Financing) Act 2010 (No. 6 of 2010)

An offence under—

section 2, 3 or 4 of the Criminal Damage Act 1991 (No. 31 of 1991)

section 9 of the Criminal Justice (Theft and Fraud Offences) Act 2001 (No. 50 of 2001)

section 2, 3, 4, 5 or 6 of the Criminal Justice (Offences Relating to Information Systems) Act 2017 (No. 11 of 2017)

section 8 of the Criminal Law (Sexual Offences) Act 2017 (No. 2 of 2017)

An offence under—

section 3 or 4 of the Local Government (Water Pollution) Act 1977 (No. 1 of 1977)

section 32 (other than an offence under subsection (6) where the offence consists of a contravention of regulations under subsection (4) of that section) of the Waste Management Act 1996 (No. 10 of 1996)

section 71B of the Animal Health and Welfare Act 2013 (No. 15 of 2013)

An offence under—

section 6, 7, 8 or 14 (other than subsection (8)(c) of that section) of the Criminal Justice (Smuggling of Persons) Act 2021 (No. 42 of 2021)

Murder

Manslaughter

An offence under—

section 4, in relation to conspiracy to murder, of the Offences against the Person Act 1861 (24 & 25 Vict.) c.100

section 53 of the Road Traffic Act 1961 (No. 24 of 1961) where the alleged contravention of subsection (1) causes death or serious bodily harm to another person

section 4(a) and (b) of the Criminal Justice Act 1990 (No. 16 of 1990)

section 3A, 4, 4A, 5, 6, 7(1), 8, 12, 13, 13A or 14 of the Non-Fatal Offences against the Person Act 1997 (No. 26 of 1997)

section 2 or 3 of the Criminal Justice (United Nations Convention Against Torture) Act 2000 (No. 11 of 2000)

section 2, 3 or 4 of the Criminal Justice (Female Genital Mutilation) Act 2012 (No. 11 of 2012)

An offence under section 2 or 4 of the Criminal Law (Human Trafficking) Act 2008 (No. 8 of 2008)

An offence under—

section 15, 16 or 17 of the Non-Fatal Offences against the Person Act 1997 (No. 26 of 1997)

section 9 of the Criminal Justice (Terrorist Offences) Act 2005 (No. 2 of 2005)

section 38 of the Domestic Violence Act 2018 (No. 6 of 2018)

An offence under—

section 26 of the Firearms Act 1964 (No. 1 of 1964)

section 4, 12, 13, 14, 15, 17 or 18 of the Criminal Justice (Theft and Fraud Offences) Act 2001 (No. 50 of 2001)

section 71A, 72 or 73 of the Criminal Justice Act 2006 (No. 26 of 2006)

An offence under section 4, 12, 13, 14, 15, 17 or 18 of the Criminal Justice (Theft and Fraud Offences) Act 2001 (No. 50 of 2001)

An offence under—

section 92 of the Trade Marks Act 1996 (No. 6 of 1996)

section 140 or 141 of the Copyright and Related Rights Act 2000 (No. 28 of 2000)

section 33, 34, 35, 36, 37 or 38 (in so far as it relates to an offence under section 33, 34, 35, 36 or 37) of the Criminal Justice (Theft and Fraud Offences) Act 2001 (No. 50 of 2001)

An offence under section 25, 26, 27, 28 or 29 of the Criminal Justice (Theft and Fraud Offences) Act 2001 (No. 50 of 2001)

An offence under—

Regulation 34 of the European Communities (Control of Animal Remedies and their Residues) Regulations 2009 (S. I. No. 183 of 2009)

An offence under—

section 38 of the Radiological Protection Act 1991 (No. 9 of 1991)

section 2 of the Biological Weapons Act 2011 (No. 13 of 2011)

An offence under—

section 2, 3 or 4 of the Criminal Law (Rape) (Amendment) Act 1990 (No. 32 of 1990)

section 22 of the Sex Offenders Act 2001 (No. 18 of 2001)

section 21 or 22 of the Criminal Law (Sexual Offences) Act 2017 (No. 2 of 2017)

An offence under section 7, 8 or 11 of the International Criminal Court Act 2006 (No. 30 of 2006)

An offence under—

section 11 of the Air Navigation and Transport Act 1973 (No. 29 of 1973)

section 3 of the Air Navigation and Transport Act 1975 (No. 9 of 1975)

section 10 of the Criminal Law (Jurisdiction) Act 1976 (No. 14 of 1976)

section 2 of the Maritime Security Act 2004 (No. 29 of 2004)

An offence under—

section 1 of the Treason Act 1939 (No. 10 of 1939)

section 2 of the Criminal Damage Act 1991 (No. 31 of 1991)

section 166, 167 or 168 of the Electoral Reform Act 2022 (No. 30 of 2022)

section 24, 25(8), 26(2) or 29(6) of the Communications Regulation and Digital Hub Development Agency (Amendment) Act 2023 (No. 4 of 2023)

An offence under—

section 112(2) (inserted by section 3 of the Road Traffic (Amendment) Act 1984 (No. 16 of 1984)) of the Road Traffic Act 1961 (No. 24 of 1961)

section 10 of the Criminal Law (Jurisdiction) Act 1976 (No. 14 of 1976)

section 4, 14, 17 or 18 of the Criminal Justice (Theft and Fraud Offences) Act 2001 (No. 50 of 2001)

An offence under—

section 4, 9, or 15 of the Criminal Justice (Theft and Fraud Offences) Act 2001 (No. 50 of 2001)

section 2, 3, 4, 5 or 6 of the Criminal Justice (Offences Relating to Information Systems) Act 2017 (No. 11 of 2017)

SCHEDULE 4 Competent Authorities

Section 89(1)

Minister for Justice, Home Affairs and Migration

An Garda Síochána

Office of the Revenue Commissioners

Minister for Social Protection

Permanent Defence Force

Footnotes