Drug Trafficking

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CRIMINAL JUSTICE (DRUG TRAFFICKING) ACT, 1996

AN ACT TO MAKE PROVISION FOR ADDITIONAL POWERS OF DETENTION BY THE GARDA SÍOCHÁNA OF SUSPECTED DRUG TRAFFICKERS FOLLOWING ARREST, TO MAKE PROVISION FOR THE ISSUANCE OF SEARCH WARRANTS BY CERTAIN MEMBERS OF THE GARDA SÍOCHÁNA IN THE CASE OF SUSPECTED DRUG TRAFFICKING OFFENCES AND FOR THE ATTENDANCE OF OFFICERS OF CUSTOMS AND EXCISE AT, AND THE PARTICIPATION OF SUCH OFFICERS IN, THE QUESTIONING OF CERTAIN ARRESTED PERSONS BY THE GARDA SÍOCHÁNA AND TO PROVIDE FOR RELATED MATTERS. [31st July, 1996]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

Interpretation.

1.—(1) In this Act—

“controlled drug” has the meaning it has in section 2 of the Act of 1977;

“drug trafficking offence” has the meaning it has in section 3 (1) of the Criminal Justice Act, 1994 ;

“judge of the District Court” means the President of the District Court and any other judge of the District Court standing nominated for the time being for the purposes of this Act by the President of the District Court;

“the Minister” means the Minister for Justice;

“place of detention” shall be construed in accordance with section 2 (9) (a);

“the Act of 1939” means the Offences against the State Act, 1939 ;

“the Act of 1977” means the Misuse of Drugs Act, 1977 ;

“the Act of 1984” means the Criminal Justice Act, 1984 ;

“the Act of 1990” means the Criminal Justice (Forensic Evidence) Act, 1990 .

(2) In this Act a reference to an offence shall, where the context so requires, be construed as a reference to a suspected offence.

(3) In this Act a reference to any other enactment shall, save where the context otherwise requires, be construed as a reference to that enactment as amended, adapted or extended by or under any subsequent enactment, including this Act.

(4) In this Act, a reference to a section is a reference to a section of this Act and a reference to a subsection or paragraph is a reference to a subsection or paragraph of the provision in which the reference occurs, unless it is indicated that reference to some other enactment or provision is intended.

Powers of detention.

2.—(1) (a) Where a member of the Garda Síochána arrests without warrant a person (“the arrested person”) whom he or she, with reasonable cause, suspects of having committed a drug trafficking offence, the arrested person—

(i) may be taken to a Garda Síochána station, and

(ii) if the member of the Garda Síochána in charge of the station has, at the time of the arrested person’s arrival there, reasonable grounds for believing that his or her detention is necessary for the proper investigation of the offence, may be detained in that station for a period or periods authorised by subsection (2).

(b) Without prejudice to paragraph (a), where a member of the Garda Síochána suspects an arrested person of concealing in his or her person a controlled drug, that person may—

(i) be taken to a place of detention, and

(ii) if a member of the Garda Síochána not below the rank of inspector who is not investigating the drug trafficking offence has, at the time of that person’s arrival there, reasonable grounds for believing that his or her detention is necessary for the proper investigation of the drug trafficking offence, be detained in that place of detention for a period or periods authorised by subsection (2).

(2) (a) The period for which a person may be detained under subsection (1) shall, subject to the provisions of this subsection, not exceed 6 hours from the time of his or her arrest.

(b) An officer of the Garda Síochána not below the rank of chief superintendent may direct that a person detained under subsection (1) be detained for a further period not exceeding 18 hours if he or she has reasonable grounds for believing that such further detention is necessary for the proper investigation of the offence concerned.

(c) An officer of the Garda Síochána not below the rank of chief superintendent may direct that a person detained pursuant to a direction under paragraph (b) be detained for a further period not exceeding 24 hours, if he or she has reasonable grounds for believing that such further detention is necessary for the proper investigation of the offence concerned.

(d) A direction under paragraph (b) or (c) may be given orally or in writing and, if given orally, shall be recorded in writing as soon as practicable.

(e) Where a direction has been given under paragraph (b) or (c), the fact that the direction was given, the date and time when it was given and the name and rank of the officer of the Garda Síochána who gave it shall be recorded.

(f) The direction or, if it was given orally, the written record of it shall be signed by the officer giving it and—

(i) shall state the date and time when it was given, the officer’s name and rank and that the officer had reasonable grounds for believing that such further detention was necessary for the proper investigation of the offence concerned, and

(ii) shall be attached to and form part of the custody record (within the meaning of the Criminal Justice Act, 1984 (Treatment of Persons in Custody in Garda Síochána Stations) Regulations, 1987) in respect of the person concerned.

(g) (i) An officer of the Garda Síochána not below the rank of chief superintendent may apply to a judge of the Circuit Court or a judge of the District Court for a warrant authorising the detention of a person detained pursuant to a direction under paragraph (c) for a further period not exceeding 72 hours if he or she has reasonable grounds for believing that such further detention is necessary for the proper investigation of the offence concerned.

(ii) On an application under subparagraph (i) the judge concerned shall issue a warrant authorising the detention of the person to whom the application relates for a further period not exceeding 72 hours if, but only if, the judge is satisfied that such further detention is necessary for the proper investigation of the offence concerned and that the investigation is being conducted diligently and expeditiously.

(h) (i) An officer of the Garda Síochána not below the rank of chief superintendent may apply to a judge of the Circuit Court or a judge of the District Court for a warrant authorising the detention of a person detained under a warrant issued pursuant to paragraph (g) (ii) for a further period not exceeding 48 hours, if he or she has reasonable grounds for believing that such further detention is necessary for the proper investigation of the offence concerned.

(ii) On an application under subparagraph (i) the judge concerned shall issue a warrant authorising the detention of the person to whom the application relates for a further period not exceeding 48 hours if, but only if, the judge is satisfied that such further detention is necessary for the proper investigation of the offence concerned and that the investigation is being conducted diligently and expeditiously.

(3) On an application under subsection (2) the person to whom the application relates shall be produced before the judge concerned and the judge shall hear any submissions made and consider any evidence adduced by or on behalf of the person and the officer of the Garda Síochána making the application.

(4) When issuing a warrant under subsection (2) the judge concerned may order that the person concerned be brought before a judge of the Circuit Court or a judge of the District Court at a specified time or times during the period of detention specified in the warrant and if, upon the person’s being so brought before such a judge, he or she is not satisfied that the person’s detention is justified, the judge shall revoke the warrant and order the immediate release from custody of the person.

(5) If at any time during the detention of a person pursuant to this section there are no longer reasonable grounds for believing that his or her detention is necessary for the proper investigation of the offence to which the detention relates, he or she shall, subject to subsection (6), be released from custody forthwith unless he or she is charged or caused to be charged with an offence and is brought before a court as soon as may be in connection with such charge or his or her detention is authorised apart from this Act.

(6) If at any time during the detention of a person pursuant to this section a member of the Garda Síochána, with reasonable cause, suspects that person of having committed a drug trafficking offence other than the offence to which the detention relates and—

(a) the member of the Garda Síochána then in charge of the Garda Síochána station, or

(b) in case the person is being detained in a place of detention, a member of the Garda Síochána not below the rank of inspector who is not investigating the offence to which the detention relates or the other offence,

has reasonable grounds for believing that the continued detention of the person is necessary for the proper investigation of that other offence, the person may continue to be detained in relation to the other offence as if that offence was the offence for which the person was originally detained.

(7) To avoid doubt, it is hereby declared that a person shall not be detained pursuant to this section for more than 168 hours from the time of his or her arrest, not including any period which is to be excluded under section 4 (8) of the Act of 1984 (as applied by section 5 ) in reckoning a period of detention.

(8) Nothing in this section shall affect the operation of section 30 of the Act of 1939 or section 4 of the Act of 1984.

(9) (a) The Minister may make regulations prescribing specified places as places where a person may be detained pursuant to subsection (1) (b), and a place for the time being standing so specified is referred to in this Act as a “place of detention”.

(b) Section 7 of the Act of 1984 and any regulations made thereunder shall, with any necessary modifications, apply in relation to places of detention as they apply in relation to Garda Síochána stations.

(10) Every regulation made under this section shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the regulation is passed by either such House within the next 21 days on which that House has sat after the regulation is laid before it, the regulation shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.

Amendment of Act of 1990.

3.—The Act of 1990 is hereby amended—

(a) in section 2—

(i) by the substitution in subsection (1) for “or section 4 of the Criminal Justice Act, 1984 ,” of “ section 4 of the Criminal Justice Act, 1984 , or section 2 of the Criminal Justice (Drug Trafficking) Act, 1996,”, and

(ii) by the insertion in paragraph (b) of subsection (3) after “applies” of “or a drug trafficking offence within the meaning of section 3 (1) of the Criminal Justice Act, 1994 ”,

and

(b) in section 4 , by the substitution in subsection (2) thereof for “or section 4 of the Criminal Justice Act, 1984 ,” of “ section 4 of the Criminal Justice Act, 1984 , or section 2 of the Criminal Justice (Drug Trafficking) Act, 1996,”.

Rearrest.

4.—(1) Where a person is detained pursuant to section 2 and is released without any charge having been made against him or her, he or she shall not—

(a) be arrested again in connection with the offence to which the detention related, or

(b) be arrested for any other offence which, at the time of the first arrest, the member of the Garda Síochána by whom he or she was arrested suspected, or ought reasonably to have suspected, him or her of having committed,

except under the authority of a warrant issued by a judge of the Circuit Court or a judge of the District Court who is satisfied on information supplied on oath by a member of the Garda Síochána not below the rank of superintendent that further information has come to the knowledge of the Garda Síochána since the person’s release as to his or her suspected participation in the offence for which his or her arrest is sought.

(2) When issuing a warrant under subsection (1), the judge concerned may order that the person concerned be brought before a judge of the Circuit Court or a judge of the District Court on arrest or at any specified time or times during the period of detention authorised by section 2 as applied by subsection (3) and if, upon the person’s being so brought before such a judge, he or she is not satisfied that the person’s detention is justified, the judge shall revoke the warrant and order the immediate release from custody of the person.

(3) Section 2 shall apply to a person arrested in connection with an offence to which that section relates under a warrant issued pursuant to subsection (1), as it applies to a person to whom that section applies, with the following and any other necessary modifications:

(a) the substitution for paragraphs (c) and (d) in subsection (2) of the following paragraphs:

“(c) An officer of the Garda Síochána not below the rank of chief superintendent may apply to a judge of the Circuit Court or a judge of the District Court for a warrant authorising the detention of a person detained under paragraph (b) for a further period not exceeding 24 hours if he or she has reasonable grounds for believing that such further detention is necessary for the proper investigation of the offence concerned.

(d) On an application under paragraph (c) the judge concerned shall issue a warrant authorising the detention of the person to whom the application relates for a further period not exceeding 24 hours if, but only if, the judge is satisfied that such further detention is necessary for the proper investigation of the offence concerned and that the investigation is being conducted diligently and expeditiously.”,

and

(b) the substitution in paragraph (g) (i) of subsection (2) for “pursuant to a direction under paragraph (c)” of “under a warrant issued pursuant to paragraph (d)”.

(4) A person arrested in connection with an offence other than one to which section 2 relates, under a warrant issued pursuant to subsection (1), shall, subject to subsection (2), be dealt with under section 4 of the Act of 1984 in like manner as a person arrested without warrant to whom the said section 4 applies.

(5) Notwithstanding subsection (1), a person to whom that subsection relates may be arrested for any offence for the purpose of charging him or her with that offence forthwith.

(6) Where a person who has been arrested under section 30 of the Act of 1939 or detained under section 4 of the Act of 1984 in connection with an offence is released without any charge having been made against him or her, he or she shall not be detained pursuant to section 2 —

(a) in connection with the first-mentioned offence, or

(b) in connection with an offence to which section 2 relates which, at the time of the first arrest, the member of the Garda Síochána by whom he or she was arrested suspected, or ought reasonably to have suspected, him or her of having committed.

Application of certain provisions of Act of 1984.

5.—Sections 4 (4), 4 (7), 4 (8), 4 (11), 5, 6 (1) to (4) and 8 of the Act of 1984 shall apply with any necessary modifications in relation to persons detained under section 2 as they apply to persons detained under section 4 of the Act of 1984.

Regulations regarding officers of customs and excise.

6.—(1) The Minister may, following consultation with the Minister for Finance, make regulations providing for the attendance of an officer of customs and excise at, and the participation of such an officer in, the questioning of a person detained under section 2 or under section 4 of the Act of 1984 in relation to a drug trafficking offence.

(2) An officer of customs and excise may not commit any act or make any omission which, if committed or made by a member of the Garda Síochána, would be a contravention of any regulation made under section 7 of the Act of 1984.

(3) An act committed or omission made by an officer of customs and excise which, if committed or made by a member of the Garda Síochána would be a contravention of any regulation made under the said section 7 shall not of itself render the officer liable to any criminal or civil proceedings or of itself affect the lawfulness of the custody of the detained person or the admissibility in evidence of any statement made by him or her.

(4) In this section “an officer of customs and excise” means a person appointed by the Revenue Commissioners under the Customs Acts and under the statutes which relate to the duties of excise or any instrument relating to duties of excise made under statute.

(5) A draft of every regulation proposed to be made under this section shall be laid before each House of the Oireachtas and the regulations shall not be made until a resolution approving of the draft has been passed by each such House.

Inferences from failure of accused to mention particular facts.

7.—(1) Where in any proceedings against a person for a drug trafficking offence evidence is given that the accused—

(a) at any time before he or she was charged with the offence, on being questioned by—

(i) a member of the Garda Síochána, or

(ii) pursuant to regulations made under section 6 , an officer of customs and excise, within the meaning of that section,

endeavouring to ascertain whether an offence had been committed, or by whom, or

(b) when being charged with the offence or informed by—

(i) a member of the Garda Síochána, or

(ii) pursuant to the said regulations, a said officer of customs and excise,

that he or she might be prosecuted for it,

failed to mention any fact relied on in his or her defence in those proceedings, being a fact which in the circumstances existing at the time he or she could reasonably have been expected to mention when so questioned, charged or informed, as the case may be, then the court, in determining whether to send forward the accused for trial or whether there is a case to answer and the court (or, subject to the judge’s directions, the jury) in determining whether the accused is guilty of the offence charged (or of any other offence of which he or she could lawfully be convicted on that charge) 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 which the failure is material, but a person shall not be convicted of an offence solely on an inference drawn from such failure.

(2) Subsection (1) shall not have effect unless the accused was told in ordinary language when being questioned, charged or informed, as the case may be, what the effect of such failure might be.

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

(a) prejudice the admissibility in evidence of the silence or other reaction of the accused 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 accused which could properly be drawn apart from this section.

(4) This section shall not apply in relation to a failure to mention a fact if the failure occurred before the commencement of this section.

Search warrants.

8.—(1) Subsection (1) of section 26 of the Act of 1977 is hereby amended—

(a) by the insertion after “Garda Síochána” of “or if, subject to the provisions of subsection (2) of section 8 of the Criminal Justice (Drug Trafficking) Act, 1996, a member of the Garda Síochána not below the rank of superintendent is satisfied”, and

(b) by the substitution for “such Justice or Commissioner” of “such Justice, Commissioner or, as the case may be, member”.

(2) A member of the Garda Síochána not below the rank of superintendent shall not issue a search warrant under the said section 26 unless he or she is satisfied—

(a) that the warrant is necessary for the proper investigation of a drug trafficking offence, and

(b) that circumstances of urgency giving rise to the need for the immediate issue of the search warrant would render it impracticable to apply to a judge of the District Court or a Peace Commissioner under the said section 26 for the issue of the warrant.

(3) Notwithstanding subsection (2) of section 26 of the Act of 1977, a search warrant issued by a member of the Garda Síochána not below the rank of superintendent under subsection (1) of that section shall cease to have effect after a period of 24 hours has elapsed from the time of the issue of the warrant.

Amendment of Public Dance Halls Act, 1935.

9.—The Public Dance Halls Act, 1935 , is hereby amended by the insertion after section 13 of the following section:

“13A.—(1) Any member of the Garda Síochána whether in uniform or not may enter any place in respect of which a public dancing licence is for the time being in force at any time while such place is being used for public dancing or at any other reasonable time and there make such inspection, examination and inquiry as he shall think proper for the prevention or detection of a drug trafficking offence within the meaning of section 3 (1) of the Criminal Justice Act, 1994 .

(2) Every person who shall prevent or attempt to prevent a member of the Garda Síochána from exercising, or obstruct or attempt to obstruct any such member in the exercise of, a power vested in such member by virtue of this section shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding £1,000.”.

Expenses.

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

Duration of certain sections.

11.—(1) Each of the following sections, namely, sections 2 , 3 , 4 , 5 and 6 shall, subject to subsection (2), cease to be in operation at the expiry of 12 months from the date of its commencement unless a resolution has been passed by each House of the Oireachtas resolving that the section shall continue in operation.

(2) A section referred to in subsection (1) may be continued in operation from time to time by a resolution passed by each House of the Oireachtas before its expiry for such period as may be specified in the resolutions.

(3) Before a resolution under this section in relation to a section specified in subsection (1) is passed by either House of the Oireachtas, the Minister shall prepare a report, and shall cause a copy of it to be laid before that House, of the operation of the section during the period beginning on its commencement or, as may be appropriate, the date of the latest previous report under this subsection in relation to that section and ending not more than 21 days before the date of the moving of the resolution in that House.

Short title and commencement.

12.—(1) This Act may be cited as the Criminal Justice (Drug Trafficking) Act, 1996.

(2) This Act shall come into operation on such day or days as may be fixed therefor by order or orders made by the Minister for Justice either generally or with reference to any particular purpose or provision and different days may be so fixed for different purposes and different provisions of this Act.

Acts Referred to

Criminal Justice (Forensic Evidence) Act, 1990

1990, No. 34

Criminal Justice Act, 1984

1984, No. 22

Criminal Justice Act, 1994

1994, No. 15

Misuse of Drugs Act, 1977

1977, No. 12

Offences against the State Act, 1939

1939, No. 13

Public Dance Halls Act, 1935

1935, No. 2

Criminal Justice (Amendment) Act 2009

Amendment of sections 2, 4, 5 and 11 of Act of 1996.

22.— (1) Section 2 of the Act of 1996 is amended—

(a) in subsection (2)(b), by substituting ‘ superintendent’ for ‘ chief superintendent’ ,

(b) by inserting the following subsections after subsection (3):

“(3A) (a) Without prejudice to paragraph (b), where a judge hearing an application under subsection (2) is satisfied, in order to avoid a risk of prejudice to the investigation concerned, that it is desirable to do so, he or she may—

(i) direct that the application be heard otherwise than in public, or

(ii) exclude from the Court during the hearing all persons except officers of the Court, persons directly concerned in the proceedings, bona fide representatives of the Press and such other persons as the Court may permit to remain.

(b) On the hearing of an application under subsection (2), the judge may, of his or her own motion or on application by the officer of the Garda Síochána making the application under subsection (2), where it appears that—

(i) particular evidence to be given by any member of the Garda Síochána during the hearing (including evidence by way of answer to a question asked of the member in cross-examination) concerns steps that have been, or may be taken, in the course of any inquiry or investigation being conducted by the Garda Síochána with respect to the suspected involvement of the person to whom the application relates, or any other person, in the commission of the offence to which the detention relates or any other offence, and

(ii) the nature of those steps is such that the giving of that evidence concerning them could prejudice, in a material respect, the proper conducting of any foregoing inquiry or investigation,

direct that, in the public interest, the particular evidence shall be given in the absence of every person, including the person to whom the application relates and any legal representative (whether of that person or the applicant), other than—

(I) the member or members whose attendance is necessary for the purpose of giving the evidence to the judge; and

(II) if the judge deems it appropriate, such one or more of the clerks or registrars of the Court as the judge determines.

(c) If, having heard such evidence given in that manner, the judge considers the disclosure of the matters to which that evidence relates would not have the effect referred to in paragraph (b)(ii), the judge shall direct the evidence to be re-given in the presence of all the other persons (or, as the case may be, those of them not otherwise excluded from the Court under paragraph (a)).

(d) No person shall publish or broadcast or cause to be published or broadcast any information about an application under subsection (2) other than a statement of—

(i) the fact that the application has been made by the Garda Síochána in relation to a particular investigation, and

(ii) any decision resulting from the application.

(e) If any matter is published or broadcast in contravention of paragraph (d), the following persons, namely—

(i) in the case of a publication in a newspaper or periodical, any proprietor, any editor and any publisher of the newspaper or periodical,

(ii) in the case of any other publication, the person who publishes it, and

(iii) in the case of a broadcast, any person who transmits or provides the programme in which the broadcast is made and any person having functions in relation to the programme corresponding to those of the editor of a newspaper,

shall be guilty of an offence and shall be liable—

(I) on summary conviction to a fine not exceeding €5,000 or imprisonment for a term not exceeding 12 months or both, or

(II) on conviction on indictment, to a fine not exceeding €50,000 or imprisonment for a term not exceeding 3 years or both.

(f) Where an offence under this subsection has been committed by a body corporate and is proved to have been committed with the consent or connivance of or to be attributable to any neglect on the part of a person being a director, manager, secretary or 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 be liable to be proceeded against and punished as if he or she were guilty of the first-mentioned offence.

(g) Where the affairs of a body corporate are managed by its members, paragraph (f) 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.

(h) In this subsection—

‘ broadcast ’ means the transmission, relaying or distribution by wireless telegraphy, cable or the internet of communications, sounds, signs, visual images or signals, intended for direct reception by the general public whether such communications, sounds, signs, visual images or signals are actually received or not;

‘ publish ’ means publish, other than by way of broadcast, to the public or a portion of the public.

(3B) Save where any rule of law requires such an issue to be determined by the Court, in an application under subsection (2) no issue as to the lawfulness of the arrest or detention of the person to whom the application relates may be raised.

(3C) (a) In an application under subsection (2) it shall not be necessary for a member of the Garda Síochána, other than the officer making the application, to give oral evidence for the purposes of the application and the latter officer may testify in relation to any matter within the knowledge of another member of the Garda Síochána that is relevant to the application notwithstanding that it is not within the personal knowledge of the officer.

(b) However, the Court hearing such an application may, if it considers it be in the interests of justice to do so, direct that another member of the Garda Síochána give oral evidence and the Court may adjourn the hearing of the application for the purpose of receiving such evidence.”,

“(7A) Notwithstanding subsections (2) and (7), if—

(a) an application is to be made, or is made, under subsection (2) for a warrant authorising the detention for a further period of a person detained under that subsection, and

(b) the period of detention under that subsection has not expired at the time of the arrival of the person concerned at the court house for the purposes of the hearing of the application but would, but for this subsection, expire before, or during the hearing (including, if such should occur, any adjournment of the hearing),

it shall be deemed not to expire until the final determination of the application; and, for purposes of this subsection—

(i) a certificate signed by the court clerk or registrar in attendance at the court house concerned stating the time of the arrival of the person concerned at that court house shall be evidence, until the contrary is shown, of the time of that person’s arrival there;

(ii) ‘ court house ’ includes any venue at which the hearing of the application takes place.”.

(2) Section 4 of the Act of 1996 is amended by substituting the following subsection for subsection (1):

“(1) Where a person arrested on suspicion of having committed an offence is detained pursuant to section 2 and is released without any charge having been made against him or her, he or she shall not—

(a) be arrested again in connection with the offence to which the detention related, or

(b) be arrested for any other offence of which, at the time of the first arrest, the member of the Garda Síochána by whom he or she was arrested suspected, or ought reasonably to have suspected, him or her of having committed,

except on the authority of a warrant issued by a judge of the Circuit Court or the District Court who is satisfied on information supplied on oath by a member of the Garda Síochána not below the rank of superintendent that either of the following cases apply, namely—

(i) further information has come to the knowledge of the Garda Síochána since the person’s release as to the person’s suspected participation in the offence for which his or her arrest is sought,

(ii) notwithstanding that the Garda Síochána had knowledge, prior to his or her release, of the person’s suspected participation in the offence for which his or her arrest is sought, the questioning of the person in relation to that offence, prior to his or her release, would not have been in the interests of the proper investigation of the offence.

(1A) An application for a warrant under this section shall be heard otherwise than in public.”.

(3) Section 5 of the Act of 1996 is amended by inserting “4(8B),” after “4(8A),”.

(4) Section 11 of the Act of 1996 is repealed and, accordingly, sections 2, 3, 4, 5 and 6 of that Act (being the sections to which that section 11 related) shall continue in operation indefinitely.

Criminal Justice Act 2006

Amendment of Criminal Justice (Drug Trafficking) Act 1996.

10.— The Criminal Justice (Drug Trafficking) Act 1996 is amended—

(a) in section 2—

(i) in subsection (1), by the substitution of the following paragraph for paragraph (a):

“(a) Where a member of the Garda Síochána arrests without warrant, whether in a Garda Síochána station or elsewhere, a person (an ‘arrested person’) whom he or she, with reasonable cause, suspects of having committed a drug trafficking offence, the arrested person—

(i) if not already in a Garda Síochána station, may be taken to and detained in a Garda Síochána station, or

(ii) if he or she is arrested in a Garda Síochána station, may be detained in the station,

for a period or periods authorised by subsection (2) if the member of the Garda Síochána in charge of the station to which the arrested person is taken on arrest or in which he or she is arrested has at the time of the arrested person’s arrival at the station or his or her arrest in the station, as may be appropriate, reasonable grounds for believing that his or her detention is necessary for the proper investigation of the offence.”,

(ii) by the insertion of the following subsection after subsection (7):

“(7A) Notwithstanding subsections (2) and (7), if—

(a) an application is made under subsection (2) for a warrant authorising the detention for a further period of a person detained under that subsection, and

(b) the period of detention under that subsection has not expired at the commencement of the hearing of the application but would, but for this subsection, expire during that hearing,

it shall be deemed not to expire until the determination of the application.”,

and

(b) in section 4(3), by the insertion of the following paragraph as paragraph (a) and the re-lettering of paragraphs (a) and (b) as paragraphs (b) and (c):

“(a) the substitution for paragraph (a) in subsection (1) of the following paragraph:

‘(a) Where a member of the Garda Síochána arrests a person (an “arrested person”) under a warrant issued pursuant to section 4(1), the arrested person may be taken to and detained in a Garda Síochána station for a period or periods authorised by subsection (2) if the member of the Garda Síochána in charge of the station to which the arrested person is taken on arrest has at the time of the arrested person’s arrival at the station reasonable grounds for believing that his or her detention is necessary for the proper investigation of the offence.’.”.

Criminal Justice (Forensic Evidence and DNA Database System) Act 2014

Amendment of section 5 of Act of 1996

106. Section 5 of the Act of 1996 is amended by—

(a) the substitution of “Sections 5, 6A, 18, 19 and 19A, subsections (4), (7), (8), (8A), (8B) and (11) of section 4 and subsections (1) to (4) of section 6 of the Act of 1984” for “Sections 4(4), 4(7), 4(8), 4(8A), 4(8B), 4(11), 5, 6(1) to (4), 6A, 8, 18, 19 and 19A of the Act of 1984”,

(b) the designation of that section (as amended by paragraph (a)) as subsection (1), and

“(2) Sections 8 to 8I of the Act of 1984 shall, with the following and any other necessary modifications, apply to fingerprints, palm prints and photographs taken from or of a person detained under section 2 as they apply to fingerprints, palm prints and photographs taken from or of a person detained under section 4 of the Act of 1984:

(a) references to an offence to which section 4 of the Act of 1984 applies shall be construed as references to an offence to which section 4 of the Act of 1984 applies or a drug trafficking offence; and

(b) references to the detention of the person under section 4 of the Act of 1984 shall be construed as references to the detention of the person under section 2.”.

PART 8

Misuse of Drugs

Definition.

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

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.

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.”.

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,

(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.”.

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).”.

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.”.

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

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.

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.

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

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.

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.

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.

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

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

(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

(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

(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.

Annotations:

Amendments:

F27
Substituted by Garda Síochána (Functions and Operational Areas) Act 2022(7/2022), s. 8(a), (b), not commenced as of date of revision, subject to transitional provision in s. 25 as substituted by Sex Offenders (Amendment) Act 2023 (9/2023), s. 30, not commenced as of date of revision.

F28
Inserted by Garda Síochána (Functions and Operational Areas) Act 2022(7/2022), s. 8(c), not commenced as of date of revision, subject to transitional provision in s. 25 as substituted by Sex Offenders (Amendment) Act 2023 (9/2023), s. 30, not commenced as of date of revision.

Modifications (not altering text):

C7
Prospective affecting provision: subs. (8)(a), (b) amended, subs. (8A) inserted by Garda Síochána (Functions and Operational Areas) Act 2022(7/2022), s. 8(a), (b), (c), not commenced as of date of revision, subject to transitional provision in s. 25 as substituted by Sex Offenders (Amendment) Act 2023 (9/2023), s. 30, not commenced as of date of revision.

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

(a) by attending in person at any Garda Síochána station which is a F27[divisional headquarters or which has been designated by the Commissioner of the Garda Síochána for the purposes of this subsection] 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 F27[headquarters or is designated under paragraph (a)], or

F28[(8A) A designation under subsection (8)(a) shall be in writing and the Commissioner of the Garda Síochána shall cause a list of the Garda Síochána stations so designated to be published.]

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.

Annotations:

Amendments:

F29
Substituted by Garda Síochána (Functions and Operational Areas) Act 2022(7/2022), s. 4(1) and sch. 1 ref. 24, not commenced as of date of revision, subject to transitional provisions in ss. 13, 26.

Modifications (not altering text):

C8
Prospective affecting provision: subss. (3), (4) amended by Garda Síochána (Functions and Operational Areas) Act 2022 (7/2022), s. 4(1) and sch. 1 ref. 24, not commenced as of date of revision, subject to transitional provisions in ss. 13, 26.

(3) The applicant shall, not later than the beginning of such period before the making of the application as may be prescribed, notify F29[an inspector of the Garda Síochána in the Garda division] 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) F29[A superintendent or any other member of the Garda Síochána in the Garda division in which the applicant ordinarily resides] shall be entitled to appear and be heard at the hearing of that application.

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.

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

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.

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

(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

(4) If—

(a) the conviction referred to in subsection (1) or (3)(a) insofar as it relates to an order made under section 89(3) is quashed on appeal or otherwise, or

(b) the sentence imposed on foot of that conviction is varied on appeal or otherwise,

the court which quashes the conviction or varies the sentence shall forthwith, after the quashing of the conviction or the variation of the sentence, issue to each of the persons referred to in subsection (6) a certificate stating that the conviction has been quashed or stating the variation that has been made in the sentence.

(5) A certificate purporting to be issued under subsection (1), (2), (3) or (4) shall, in any proceedings, be evidence of the matters stated in it without proof of the signature of the officer of the court purporting to sign it or that that person was authorised to sign it.

(6) The persons referred to in subsections (1), (2), (3) and (4) are—

(a) the Garda Síochána,

(b) the person convicted of the offence concerned, and

(c) where appropriate, the person for the time being in charge of the place where the convicted person is ordered to be imprisoned.

(7) The mode of proving a conviction or sentence authorised by subsection (5) shall be in addition to, and not in substitution for, any other authorised mode of proving such conviction or sentence.

(8) Rules of court may make provision in relation to the form of certificates under this section and the manner in which they may be issued.

Proof of foreign conviction in certain cases.

97.— (1) In proceedings against a person for an offence under section 94 (where the person is a person referred to in section 95(1)), the production to the court of a document that satisfies the condition referred to in subsection (2) and which purports to contain either or both—

(a) particulars of the conviction in a state, other than the State, of that person for an offence and of the act constituting the offence,

(b) a statement that, on a specified date, that person was subject to the first-mentioned requirement in section 95(1)(b)(ii) ,

shall, without further proof, be evidence, until the contrary is shown, of the matters stated therein.

(2) The condition mentioned in subsection (1) is that the document concerned purports to be signed or certified by a judge, magistrate or officer of the state referred to in that subsection and to be authenticated by the oath of some witness or by being sealed with the official seal of a minister of state of that state (judicial notice of which shall be taken by the court).

(3) The condition mentioned in subsection (1) shall be regarded as being satisfied without proof of the signature or certification, and the authentication of it, that appears in or on the document.

CRIMINAL JUSTICE (ILLICIT TRAFFIC BY SEA) ACT 2003

REVISED

Updated to 22 November 2021

AN ACT TO GIVE EFFECT TO THE COUNCIL OF EUROPE AGREEMENT ON ILLICIT TRAFFIC BY SEA IMPLEMENTING ARTICLE 17 OF THE UNITED NATIONS CONVENTION AGAINST ILLICIT TRAFFIC IN NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES, TO AMEND THE CRIMINAL JUSTICE ACT 1994 AND TO PROVIDE FOR RELATED MATTERS.

[23rd June, 2003]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

Interpretation.

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

“Act of 1994” means the Criminal Justice Act 1994;

“Agreement” means the Council of Europe Agreement on Illicit Traffic by Sea implementing Article 17 of the United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances, done at Strasbourg on 31 January 1995;

“Convention state” has the meaning given to it in the Act of 1994;

“drug trafficking offence” has the meaning given to it in the Act of 1994;

“enforcement officer” has the meaning given to it in the Act of 1994;

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

F1[”outer limit of the territorial sea” has the meaning given to that expression by the Maritime Jurisdiction Act 2021;]

“territory of the State” includes a vessel registered in the State;

“vessel” means a ship or other floating craft of any description and includes a hovercraft or submersible craft.

(2) In this Act, unless the contrary intention appears, a reference to—

(a) a section, Part or Schedule is a reference to a section or Part of, or Schedule to, this Act,

(b) a subsection, paragraph or subparagraph is a reference to a subsection, paragraph or subparagraph of the provision in which the reference occurs, and

(c) an enactment includes a reference to that enactment as amended, adapted or extended by or under any subsequent enactment including this Act.

(3) For convenience of reference, the text of the Agreement in the English language is set out in the Schedule.

Annotations:

Amendments:

F1
Substituted (22.11.2021) by Maritime Jurisdiction Act 2021 (28/2021), s. 20(3) and sch. 2 item 25, S.I. No. 601 of 2021, art 2.

Exercise of powers by enforcement officers.

2. —For the purposes of this Act, the powers conferred on an enforcement officer by the Act of 1994 shall not be exercised outside the F2[outer limit of the territorial sea] of the State except with the authority of the Minister for Foreign Affairs as provided in section 35(2) of the Act of 1994.

Annotations:

Amendments:

F2
Substituted (22.11.2021) by Maritime Jurisdiction Act 2021 (28/2021), s. 20(3) and sch. 2 item 26, S.I. No. 601 of 2021, art 2.

Convention states party to the Agreement.

3. —(1) The Minister for Foreign Affairs may by order declare that any state specified in the order is a Convention state which is a party to the Agreement.

(2) An order that is in force under subsection (1) shall be evidence that any state specified in the order is a Convention state which is a party to the Agreement.

(3) The Minister for Foreign Affairs may by order amend or revoke an order under this section including an order under this subsection.

(4) An order under this section shall, as soon as may be after it is made, be laid before each House of the Oireachtas.

Communication by master of vessel.

4. —(1) Subject to subsection (2), the master of a vessel which—

(a) is registered in a Convention state which is a party to the Agreement, and

(b) is boarded by an enforcement officer outside the F3[outer limit of the territorial sea] of the State,

shall be entitled to communicate with the authorities of the Convention state concerned and the owner or operator of the vessel for the purpose of notifying them that the vessel has been boarded.

(2) An enforcement officer may prevent or delay communication under subsection (1) if he or she is satisfied that such communication would obstruct the investigation of an offence.

Annotations:

Amendments:

F3
Substituted (22.11.2021) by Maritime Jurisdiction Act 2021 (28/2021), s. 20(3) and sch. 2 item 27, S.I. No. 601 of 2021, art 2.

Arrested person to be brought before High Court.

5. —Where—

(a) a vessel registered in a Convention state which is a party to the Agreement—

(i) is arrested outside the F4[outer limit of the territorial sea] of the State, and

(ii) is taken by an enforcement officer to a port in the State,

and

(b) a person on board the vessel is arrested by the enforcement officer by virtue of his or her powers under the First Schedule to the Act of 1994,

the person shall be brought before the High Court as soon as possible, unless there are no longer reasonable grounds for suspecting that the person has committed the offence for which he or she was arrested, in which case the person shall be released forthwith.

Annotations:

Amendments:

F4
Substituted (22.11.2021) by Maritime Jurisdiction Act 2021 (28/2021), s. 20(3) and sch. 2 item 28, S.I. No. 601 of 2021, art 2.

Remand of arrested person.

6. —Where a person is brought before the High Court under section 5 , and the Court is satisfied that the person was lawfully arrested by an enforcement officer in the exercise of his or her powers under the Act of 1994, the Court shall make an order remanding the person pending the production of a certificate referred to in section 8 or the release of the person in accordance with an order under section 21 .

Request for surrender.

7. —(1) A Convention state which is a party to the Agreement may make a request to the Minister in accordance with Article 15 of the Agreement for the surrender of—

(a) a person who has been arrested,

(b) a vessel which has been detained, or

by an enforcement officer in the exercise of his or her powers under the Act of 1994.

(2) A request may be transmitted by facsimile transmission or other electronic means.

Certification of surrender request.

8. —On receiving a request made in accordance with section 7 for the surrender of a person, the Minister shall certify that the request has been duly made.

Committal or release of arrested person.

9. —(1) Where a person who has been remanded under section 6 is before the High Court and the Court is satisfied that

(a) a request under the Agreement for the surrender of the person has been duly made, and

(b) the original or a certified copy of a warrant for the arrest of the person, or other order having the same effect, issued by a judicial authority of the requesting Convention state has been produced,

the Court shall make an order committing the person to prison (or, if he or she is not more than 21 years of age, to a remand institution) there to await the order of the Minister for his or her surrender.

(2) The Court on making the order shall—

(a) inform the person to whom it relates that he or she will not be surrendered, except with his or her consent, until the expiry of 15 days after the committal date.

(b) inform the person of the provisions of section 4.2° of Article 40 of the Constitution (which relates to the making of a complaint to the Court by or on behalf of any person alleging that that person is unlawfully detained),

(c) inform the person that he or she may, if not surrendered, be liable to proceedings in the State arising out of the circumstances which led to or followed the arrest, and

(d) cause a certificate of the committal to be sent forthwith to the Minister.

(3) Where the person referred to in subsection (1) is not committed under that subsection, the Court shall order that he or she shall be released.

(4) No appeal shall lie against an order of the High Court under this section other than an appeal on a point of law to the Supreme Court.

(5) Sections 10 and 11 of the Criminal Justice Act 1960 shall apply to a person committed to a remand institution under this section.

Powers of adjournment and remand.

10. —The High Court may, in relation to a person brought before it under this Act, exercise all its powers of adjournment and remand, including, but not limited to, the powers in that respect which the Court has in relation to a person sent forward to it for trial.

Nomination of judge.

11. —The President of the High Court may nominate from time to time one or more judges of the Court, including himself or herself, to sit as soon as may be and from time to time as appears necessary so as to enable the requirements of this Act and the Agreement to be complied with.

Immunity of foreign officials.

12. —A person acting for or on behalf of a Convention state which is a party to the Agreement shall not be liable in any criminal proceedings in the State for anything done in the purported exercise of powers in relation to an Irish vessel

(a) on the authority of the Minister for Foreign Affairs under section 35(4) of the Act of 1994, or

(b) under an agreement referred to in section 35(5) of that Act.

Offences against foreign officials.

13. —Where a person acting for or on behalf of a Convention state which is a party to the Agreement exercises powers in relation to an Irish vessel—

(a) on the authority of the Minister for Foreign Affairs under section 35(4) of the Act of 1994, or

(b) under an agreement referred to in section 35(5) of that Act,

any person who does or fails to do anything in relation to that person which, if done or not done in relation to an enforcement officer, would constitute an offence is guilty of that offence, and section 36 (jurisdiction and prosecutions in relation to offences on ships) of the Act of 1994 shall apply and have effect accordingly, with any necessary modifications.

Restriction on arrest and proceedings.

14. —(1) Where a court or the Minister orders the release of a person who has been arrested, or of a vessel or thing which has been detained or retained, outside the F5[outer limit of the territorial sea] of the State, the release shall, subject to this Act and the Agreement, not of itself prejudice the commencement of proceedings in the State against that person or in relation to that vessel or thing in connection with the drug trafficking offence concerned or any other offence arising from the circumstances leading to or following the arrest, detention or retention.

(2) A person on board a vessel—

(a) which is registered in a Convention state which is a party to the Agreement, and

(b) in relation to which the powers conferred on an enforcement officer by the First Schedule to the Act of 1994 are exercised,

shall not be liable to be arrested or proceeded against for an offence, other than the drug trafficking offence with respect to which the powers are exercised or any offence in relation to an enforcement officer (including an offence under paragraph 9 of the First Schedule to the Act of 1994), unless—

(i) that Convention state gives its consent, or

(ii) the offence is committed by the person after he or she has been taken into the territory of the State.

(3) A person on board a vessel—

(a) which is registered in a Convention state which is a party to the Agreement, and

(b) in relation to which the powers conferred on an enforcement officer by the First Schedule to the Act of 1994 are exercised for a drug trafficking offence,

shall not be liable to be arrested or proceeded against in the State for that offence where the person is released under section 21(d).

(4) References in subsections (2) and (3) to the exercise of powers by an enforcement officer are to the exercise of those powers outside the outer limit of the territorial seas of the State.

Annotations:

Amendments:

F5
Substituted (22.11.2021) by Maritime Jurisdiction Act 2021 (28/2021), s. 20(3) and sch. 2 item 29, S.I. No. 601 of 2021, art 2.

Suspension of proceedings.

15. —(1) The High Court shall, on the application of the Minister, order the suspension of any proceedings commenced in any court in the State if it is satisfied that the suspension is necessary to give effect to the obligations of the State under paragraph 3 of Article 14 of the Agreement.

(2) Where it orders that proceedings be suspended, the High Court may make such other orders as are appropriate to give effect to the application by the Minister, including the revocation of any warrant of arrest issued in connection with the proceedings.

(3) For the purpose of considering an application under subsection (1), the High Court may order the adjournment of the proceedings for such period or periods, and on such conditions, as it thinks fit.

Removal of detained person to hospital or other place.

16. —The Minister may by order direct that a person in custody under this Act be removed to a hospital or other place if the Minister thinks it necessary to do so in the interests of the person’s health and the person, while in or in transit to or from the hospital or other place, shall continue to be in the like custody.

Surrender of persons.

17. —(1) The Minister may by order direct that a person who has been committed under section 9 , other than a person—

F6[(a) who has been released by order of the High Court under Article 40.4.2° of the Constitution or on the determination of an appeal from an order under that provision,

(aa) who has been released on the determination of an appeal to the Supreme Court (whether under Article 34.5.4° or on an appeal from a decision of the Court of Appeal),

(b) who has been released on the determination by the Court of Appeal of an appeal on a point of law,

(d) whose surrender has been refused under section 22,]

be surrendered to such person as in the Minister’s opinion is duly authorised by the requesting Convention state to receive him or her.

(2) Any person to whom an order under subsection (1) directs a person to be surrendered may receive, hold in custody and convey out of the State the person so surrendered and, if that person escapes from the custody to which he or she has been surrendered, he or she shall be liable to be retaken in the same manner as any person who escapes from lawful custody.

(3) An order under subsection (1) which is made in respect of a person who is subject to a sentence of a court in the State, may include a provision authorising the return of that person to the State in accordance with arrangements made by the Minister with—

(a) the court or tribunal exercising criminal jurisdiction in the Convention state concerned or a prosecuting authority in that state, or

(b) any other authority in that state that appears to the Minister to have the function of making such arrangements.

Annotations:

Amendments:

F6
Substituted and inserted (28.10.2014) by Court of Appeal Act 2014 (18/2014), s. 74(3) and sch. 2 item 4, S.I. No. 479 of 2014.

Surrender of vessels and any thing seized.

18. —(1) Where a vessel registered in a Convention state which is a party to the Agreement is taken by an enforcement officer to a port in the State and the vessel is detained or anything on the vessel is seized as evidence, and the Minister receives from that state a request under Article 15 of the Agreement for—

(a) the surrender of the vessel,

(b) the surrender of any thing seized from the vessel, or

the Minister may, if satisfied that the request is in accordance with the Agreement, by order direct that the vessel or thing, or both the vessel and thing, as the case may be, be surrendered to such person as in the Minister’s opinion is duly authorised by the requesting Convention state to receive it.

(2) Any person to whom an order under subsection (1) directs a vessel or thing to be surrendered may receive, hold in custody and convey out of the State the vessel or thing so surrendered.

Time lapse before surrender.

19. —(1) A person committed under section 9 shall not, except with his or her consent given before the High Court, be surrendered under the Agreement until—

(a) the expiry of 15 days from the date of committal, or

(b) the conclusion of any appeal proceedings brought by or on behalf of that person,

whichever is the later.

F7[(2) In this section “appeal proceedings” means proceedings relating to—

(a) a complaint under Article 40.4.2° of the Constitution (including proceedings on an appeal from a decision about the complaint),

(b) an appeal on a point of law to the Court of Appeal, or]

F8[(c) an appeal to the Supreme Court (whether under Article 34.5.4° or on an appeal from a decision of the Court of Appeal);]

Annotations:

Amendments:

F7
Substituted (28.10.2014) by Court of Appeal Act 2014 (18/2014), s. 74(3) and sch. 2 item 5, S.I. No. 479 of 2014.

F8
Inserted (28.10.2014) by Court of Appeal Act 2014 (18/2014), s. 74(3) and sch. 2 item 5, S.I. No. 479 of 2014.

Editorial Notes:

E1
The amendment listed in Act 18/2014, s. 74(3) and sch. 2 item 5 is described as a substitution for subs. (2)(c).

Release if not conveyed out of State.

20. —(1) An application may be made to the High Court for the release of a person who is awaiting surrender under this Act and who is not surrendered and conveyed out of the State within one month after—

(a) the date of that person’s committal under section 9 , or

(b) the conclusion of any appeal proceedings (as defined in section 19(2)) brought by or on behalf of that person,

whichever is the later.

(2) If satisfied that the application has been made by or on behalf of a person referred to in subsection (1) and that the Minister has been given reasonable notice of the application, the Court shall, subject to subsection (3), order that the person be released from custody under this Act.

(3) If satisfied as to the matters specified in subsection (2) and also that—

(a) the person’s state of health or other circumstances beyond the control of the State or the requesting Convention state have prevented him or her from being conveyed out of the State, and

(b) it is likely that within a reasonable time those circumstances will no longer prevent the person’s conveyance out of the State,

the Court may fix a period within which the person may be surrendered, and he or she shall be released from custody under this Act if not conveyed out of the State within that period.

Release by order of Minister.

21. —Where a person is remanded under section 6 or a vessel or thing is detained or retained by an enforcement officer, in the exercise of his or her powers under the Act of 1994, outside the F9[outer limit of the territorial sea] of the State and—

(a) there are no longer reasonable grounds for suspecting that the person has committed the offence in respect of which he or she has been remanded,

(b) no request has been received from the relevant Convention state for the surrender of the person, vessel or thing within 18 days of the arrest, detention or retention concerned,

(c) the relevant Convention state has given notice that it does not intend to make a request under the Agreement for the surrender of the person, vessel or thing, or

(d) the relevant Convention state has requested the release under the Agreement of the person, vessel or thing,

the Minister shall order the release of the person, vessel or thing, as the case may be, and the person, vessel or thing shall be released forthwith.

Annotations:

Amendments:

F9
Substituted (22.11.2021) by Maritime Jurisdiction Act 2021 (28/2021), s. 20(3) and sch. 2 item 30, S.I. No. 601 of 2021, art 2.

Capital punishment.

22. —Where—

(a) a Convention state which is a party to the Agreement has requested, in the exercise of its preferential jurisdiction, the surrender of a person who has been arrested under Article 10.1 of the Agreement for an offence, and

(b) the offence is punishable by death under the law of the Convention state,

the surrender of the person shall be refused unless that state gives such assurances as the Minister considers sufficient that the death penalty will not be carried out.

Custodial sentence not completed.

23. —Subject to section 14(2), where a court or the Minister orders the release of a person who is otherwise subject to a custodial sentence of a court in the State for an offence against the law of the State—

(a) the person shall continue to be liable to complete the term of imprisonment to which he or she has been sentenced by the court in the State, and

(b) if the sentence has not expired, the person shall be transferred in custody to the place where he or she is liable to be imprisoned under that sentence.

Ireland as State seeking to exercise preferential jurisdiction.

24. —(1) This section applies where a person, vessel or thing is detained in a Convention state pursuant to an authorisation under section 35(4) of the Act of 1994 and the State is entitled to have the person, vessel or thing surrendered to it.

(2) Where the Minister receives from a Convention state a notification of the detention of a person or the seizure of a vessel or thing under Article 10.2 of the Agreement together with a summary of the evidence of any alleged drug trafficking offences in accordance with Article 13.1 of the Agreement, the Minister, after consultation with the Director of Public Prosecutions, shall decide whether the State should exercise its preferential jurisdiction with respect to the person, vessel or thing; and, if any such jurisdiction is exercised, the Director of Public Prosecutions may apply to a judge of the District Court for a warrant for the arrest of the person detained or for the handing over of the vessel or thing seized.

(3) A judge of the District Court may issue a warrant referred to in subsection (2) if satisfied that the person, vessel or thing is the subject of a notification referred to in that subsection.

(4) A warrant for any alleged offence referred to in subsection (2) may be issued, and the offence may for all incidental purposes be treated as having been committed, in any place in the State.

Evidence and presumptions.

25. —(1) In any proceedings under this Act it shall be presumed unless the contrary is proved that a request for the surrender of a person has been duly made and received where a document purporting to be a certificate under section 8 to that effect has been produced to the High Court.

(2) In any proceedings under this Act a document purporting to be a request by a Convention state which is a party to the Agreement for the surrender of a person or to have been furnished in support of such a request shall, without further proof, be admissible in evidence if it purports to be signed by a person authorised by the law of the requesting Convention state to sign the document.

(3) In any proceedings under this Act, a document purporting—

(a) to be a copy of a warrant of arrest, or other order having the same effect, issued by a judicial authority of a Convention state which is a party to the Agreement, and

(b) to have been certified to be a true copy by an officer of that authority authorised by it to so certify on its behalf,

shall, without further proof, be admissible in evidence and be presumed, until the contrary is proved, to be a true copy of the warrant or order.

(4) A document purporting to be a certificate by the Minister for Foreign Affairs and stating that he or she has received a request or authorisation from a Convention state for the exercise of powers by an enforcement officer in relation to a vessel registered in that state, or that he or she has given his or her authority for any purpose provided for in section 35 of the Act of 1994, shall be admissible in evidence in any proceedings.

(5) Where a document is admissible in evidence under this section, any document which purports to be a translation of that document shall be admissible as evidence of the translation if it is certified as correct by a person competent to do so; and a document purporting to be a certificate under this subsection shall be presumed to be such a certificate, and to be signed by a person who is competent to certify the document as correct, unless the contrary is shown.

(6) Requests, other communications and supporting documents shall be made in, or accompanied by a translation into, the Irish language or English language.

Expenses.

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

Compensation.

27. —The State shall be liable to pay compensation for any loss, damage or injury in accordance with the liability imposed by Article 26 of the Agreement.

Amendment of Criminal Justice Act 1994.

28. —The Act of 1994 is amended in the following respects:

(a) in section 3(1)—

(i) by the insertion of the following after the definition of “Minister”:

“ ‘outer limit of the territorial seas’ has the meaning given to that expression by the Maritime Jurisdiction Acts 1959 to 1988;”, and

(ii) by the substitution of the following for the definition of “ship”:

“ ‘ship’ includes a hovercraft or submersible craft, any vessel used in navigation and any other floating craft of any description;”,

(b) by the substitution of the following section for section 33:

“

Drug traffickingoffences on ships.

33.—(1) A person is guilty of a drug trafficking offence if the person does, on an Irish ship, a ship registered in a Convention state or a ship not registered in any country or territory, any act which, if done in the State, would constitute such an offence.

(2) This section is without prejudice to section 34 of this Act.”,

(i) by the substitution, in subsection (2) of that section, of “outer limit” for “landward limits”, and

(ii) by the insertion of the following subsections after subsection 6:

“(7) Where an enforcement officer is acting under the powers conferred by subsection (1) of this section with the authority of the Minister for Foreign Affairs given under subsection (2) of this section, any person who does or fails to do any act in relation to the officer, which if done or not done in the State in relation to another person would constitute an offence, shall be guilty of that offence.

(8) Requests under this section may be transmitted by facsimile transmission or other electronic means.”,

(d) in section 36, by the substitution, in subsection (3) of that section, of “outer limit” for “landward limits”,

(e) in paragraph 4 of the First Schedule to the Act, by the substitution for “an offence mentioned in section 33 or 34 of this Act” of “a drug trafficking offence”.

Short title and commencement.

29. —(1) This Act may be cited as the Criminal Justice (Illicit Traffic by Sea) Act 2003.

(2) This Act shall come into operation on such day or days as the Minister may fix either generally or with reference to any particular purpose or provision.

Annotations:

Editorial Notes:

E2
Power pursuant to section exercised (1.11.2006) by Criminal Justice (Illicit Traffic By Sea) Act 2003 (Commencement) Order 2006 (S.I. No. 539 of 2006).

2. The 1st day of November 2006 is appointed as the day on which the Criminal Justice (Illicit Traffic by Sea) Act 2003 (No. 18 of 2003) shall come into operation.

SCHEDULE

Text of Council of Europe Agreement on Illicit Traffic by Sea Implementing Article 17 of the United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances, done at Strasbourg on 31 January 1995

AGREEMENT ON ILLICIT TRAFFIC BY SEA IMPLEMENTING ARTICLE 17 OF THE UNITED NATIONS CONVENTION AGAINST ILLICIT TRAFFIC IN NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES

The member States of the Council of Europe, having expressed their consent to be bound by the United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances, done at Vienna on 20 December 1988, hereinafter referred to as “The Vienna Convention”,

Considering that the aim of the Council of Europe is to achieve a greater unity between its members;

Convinced of the need to pursue a common criminal policy aimed at the protection of society;

Considering that the fight against serious crime, which has become an increasingly international problem, calls for close co-operation on an international scale;

Desiring to increase their co-operation to the fullest possible extent in the suppression of illicit traffic in narcotic drugs and psychotropic substances by sea, in conformity with the international law of the sea and in full respect of the principle of right of freedom of navigation;

Considering, therefore, that Article 17 of the Vienna Convention should be supplemented by a regional agreement to carry out, and to enhance the effectiveness of, the provisions of that article,

Have agreed as follows:

Chapter I — Definitions

Article 1 — Definitions

For the purposes of this Agreement:

a “Intervening State” means a State Party which has requested or proposes to request authorisation from another Party to take action under this Agreement in relation to a vessel flying the flag or displaying the marks of registry of that other State Party;

b “Preferential jurisdiction” means, in relation to a flag State having concurrent jurisdiction over a relevant offence with another State, the right to exercise its jurisdiction on a priority basis, to the exclusion of the exercise of the other State’s jurisdiction over the offence;

c “Relevant offence” means any offence of the kind described in Article 3, paragraph 1, of the Vienna Convention;

d “Vessel” means a ship or any other floating craft of any description, including hovercrafts and submersible crafts.

Chapter II — International Co-Operation

Section 1 — General provisions

Article 2 — General principles

1 The Parties shall co-operate to the fullest extent possible to suppress illicit traffic in narcotic drugs and psychotropic substances by sea, in conformity with the international law of the sea.

2 In the implementation of this Agreement the Parties shall endeavour to ensure that their actions maximise the effectiveness of law enforcement measures against illicit traffic in narcotic drugs and psychotropic substances by sea.

3 Any action taken in pursuance of this Agreement shall take due account of the need not to interfere with or affect the rights and obligations of and the exercise of jurisdiction by coastal States, in accordance with the international law of the sea.

4 Nothing in this Agreement shall be so construed as to infringe the principle of non bis in idem, as applied in national law.

5 The Parties recognise the value of gathering and exchanging information concerning vessels, cargo and facts, whenever they consider that such exchange of information could assist a Party in the suppression of illicit traffic in narcotic drugs and psychotropic substances by sea.

6 Nothing in this Agreement affects the immunities of warships and other government vessels operated for non-commercial purposes.

Article 3 — Jurisdiction

1 Each Party shall take such measures as may be necessary to establish its jurisdiction over the relevant offences when the offence is committed on board a vessel flying its flag.

2 For the purposes of applying this Agreement, each Party shall take such measures as may be necessary to establish its jurisdiction over the relevant offences committed on board a vessel flying the flag or displaying the marks of registry or bearing any other indication of nationality of any other Party to this Agreement. Such jurisdiction shall be exercised only in conformity with this Agreement.

3 For the purposes of applying this Agreement, each Party shall take such measures as may be necessary to establish its jurisdiction over the relevant offences committed on board a vessel which is without nationality, or which is assimilated to a vessel without nationality under international law.

4 The flag State has preferential jurisdiction over any relevant offence committed on board its vessel.

5 Each State may, at the time of signature or when depositing its instrument of ratification, acceptance, approval or accession, or at any later date, by a declaration addressed to the Secretary General of the Council of Europe, inform the other Parties to the agreement of the criteria it intends to apply in respect of the exercise of the jurisdiction established pursuant to paragraph 2 of this article.

6 Any State which does not have in service warships, military aircraft or other government ships or aircraft operated for non-commercial purposes, which would enable it to become an intervening State under this Agreement may, at the time of signature or when depositing its instrument of ratification, acceptance, approval or accession, by a declaration addressed to the Secretary General of the Council of Europe declare that it will not apply paragraphs 2 and 3 of this article. A State which has made such a declaration is under the obligation to withdraw it when the circumstances justifying the reservation no longer exist.

Article 4 — Assistance to flag States

1 A Party which has reasonable grounds to suspect that a vessel flying its flag is engaged in or being used for the commission of a relevant offence, may request the assistance of other Parties in suppressing its use for that purpose. The Parties so requested shall render such assistance within the means available to them.

2 In making its request, the flag State may, inter alia, authorise the requested Party, subject to any conditions or limitations which may be imposed, to take some or all of the actions specified in this Agreement.

3 When the requested Party agrees to act upon the authorisation of the flag State given to it in accordance with paragraph 2, the provisions of this Agreement in respect of the rights and obligations of the intervening State and the flag State shall, where appropriate and unless otherwise specified, apply to the requested and requesting Party, respectively.

Article 5 — Vessels without nationality

1 A Party which has reasonable grounds to suspect that a vessel without nationality, or assimilated to a vessel without nationality under international law, is engaged in or being used for the commission of a relevant offence, shall inform such other Parties as appear most closely affected and may request the assistance of any such Party in suppressing its use for that purpose. The Party so requested shall render such assistance within the means available to it.

2 Where a Party, having received information in accordance with paragraph 1, takes action it shall be for that Party to determine what actions are appropriate and to exercise its jurisdiction over any relevant offences which may have been committed by any persons on board the vessel.

3 Any Party which has taken action under this article shall communicate as soon as possible to the Party which has provided information, or made a request for assistance, the results of any action taken in respect of the vessel and any persons on board.

Section 2 — Authorisation procedures

Article 6 — Basic rules on authorisation

Where the intervening State has reasonable grounds to suspect that a vessel, which is flying the flag or displaying the marks of registry of another Party or bears any other indications of nationality of the vessel, is engaged in or being used for the commission of a relevant offence, the intervening State may request the authorisation of the flag State to stop and board the vessel in waters beyond the territorial sea of any Party, and to take some or all of the other actions specified in this Agreement. No such actions may be taken by virtue of this Agreement, without the authorisation of the flag State.

Article 7 — Decision on the request for authorisation

The flag State shall immediately acknowledge receipt of a request for authorisation under Article 6 and shall communicate a decision thereon as soon as possible and, wherever practicable, within four hours of receipt of the request.

Article 8 — Conditions

1 If the flag State grants the request, such authorisation may be made subject to conditions or limitations. Such conditions or limitations may, in particular, provide that the flag State’s express authorisation be given before any specified steps are taken by the intervening State.

2 Each State may, at the time of signature or when depositing its instrument of ratification, acceptance, approval or accession, by declaration addressed to the Secretary General of the Council of Europe declare that, when acting as an intervening State, it may subject its intervention to the condition that persons having its nationality who are surrendered to the flag State under Article 15 and there convicted of a relevant offence, shall have the possibility to be transferred to the intervening State to serve the sentence imposed.

Section 3 — Rules governing action

Article 9 — Authorised actions

1 Having received the authorisation of the flag State, and subject to the conditions or limitations, if any, made under Article 8, paragraph 1, the intervening State may take the following actions:

i a stop and board the vessel;

b establish effective control of the vessel and over any person thereon;

c take any action provided for in sub-paragraph ii of this article which is considered necessary to establish whether a relevant offence has been committed and to secure any evidence thereof;

d require the vessel and any persons thereon to be taken into the territory of the intervening State and detain the vessel there for the purpose of carrying out further investigations;

ii and, having established effective control of the vessel:

a search the vessel, anyone on it and anything in it, including its cargo;

b open or require the opening of any containers, and test or take samples of anything on the vessel;

c require any person on the vessel to give information concerning himself or anything on the vessel;

d require the production of documents, books or records relating to the vessel or any persons or objects on it, and make photographs or copies of anything the production of which the competent authorities have the power to require;

e seize, secure and protect any evidence or material discovered on the vessel.

2 Any action taken under paragraph 1 of this article shall be without prejudice to any right existing under the law of the intervening State of suspected persons not to incriminate themselves.

Article 10 — Enforcement measures

1 Where, as a result of action taken under Article 9, the intervening State has evidence that a relevant offence has been committed which would be sufficient under its laws to justify its either arresting the persons concerned or detaining the vessel, or both, it may so proceed.

2 The intervening State shall, without delay, notify the flag State of steps taken under paragraph 1 above.

3 The vessel shall not be detained for a period longer than that which is strictly necessary to complete the investigations into relevant offences. Where there are reasonable grounds to suspect that the owners of the vessel are directly involved in a relevant offence, the vessel and its cargo may be further detained on completion of the investigation. Persons not suspected of any relevant offence and objects not required as evidence shall be released.

4 Notwithstanding the provisions of the preceding paragraph, the intervening State and the flag State may agree with a third State, Party to this Agreement, that the vessel may be taken to the territory of that third State and, once the vessel is in that territory, the third State shall be treated for the purposes of this Agreement as an intervening State.

Article 11 — Execution of action

1 Actions taken under Articles 9 and 10 shall be governed by the law of the intervening State.

2 Actions under Article 9, paragraph 1 a, b and d, shall be carried out only by warships or military aircraft, or by other ships or aircraft clearly marked and identifiable as being on government service and authorised to that effect.

3 a An official of the intervening State may not be prosecuted in the flag State for any act performed in the exercise of his functions. In such a case, the official shall be liable to prosecution in the intervening State as if the elements constituting the offence had been committed within the jurisdiction of that State.

b In any proceedings instituted in the flag State, offences committed against an official of the intervening State with respect to actions carried out under Articles 9 and 10 shall be treated as if they had been committed against an official of the flag State.

4 The master of a vessel which has been boarded in accordance with this Agreement shall be entitled to communicate with the authorities of the vessel’s flag State as well as with the owners or operators of the vessel for the purpose of notifying them that the vessel has been boarded. However, the authorities of the intervening State may prevent or delay any communication with the owners or operators of the vessel if they have reasonable grounds for believing that such communication would obstruct the investigations into a relevant offence.

Article 12 — Operational safeguards

1 In the application of this Agreement, the Parties concerned shall take due account of the need not to endanger the safety of life at sea, the security of the vessel and cargo and not to prejudice any commercial or legal interest. In particular, they shall take into account:

a the dangers involved in boarding a vessel at sea, and give consideration to whether this could be more safely done at the vessel’s next port of call;

b the need to minimise any interference with the legitimate commercial activities of a vessel;

c the need to avoid unduly detaining or delaying a vessel;

d the need to restrict the use of force to the minimum necessary to ensure compliance with the instructions of the intervening State.

2 The use of firearms against, or on, the vessel shall be reported as soon as possible to the flag State.

3 The death, or injury, of any person aboard the vessel shall be reported as soon as possible to the flag State. The authorities of the intervening State shall fully co-operate with the authorities of the flag State in any investigation the flag State may hold into any such death or injury.

Section 4 — Rules governing the exercise of jurisdiction

Article 13 — Evidence of offences

1 To enable the flag State to decide whether to exercise its preferential jurisdiction in accordance with the provisions of Article 14, the intervening State shall without delay transmit to the flag State a summary of the evidence of any offences discovered as a result of action taken pursuant to Article 9. The flag State shall acknowledge receipt of the summary forthwith.

2 If the intervening State discovers evidence which leads it to believe that offences outside the scope of this Agreement may have been committed, or that suspect persons not involved in relevant offences are on board the vessel, it shall notify the flag State. Where appropriate, the Parties involved shall consult.

3 The provisions of this Agreement shall be so construed as to permit the intervening State to take measures, including the detention of persons, other than those aimed at the investigation and prosecution of relevant offences, only when:

a the flag State gives its express consent; or

b such measures are aimed at the investigation and prosecution of an offence committed after the person has been taken into the territory of the intervening State.

Article 14 — Exercise of preferential jurisdiction

1 A flag State wishing to exercise its preferential jurisdiction shall do so in accordance with the provisions of this article.

2 It shall notify the intervening State to this effect as soon as possible and at the latest within fourteen days from the receipt of the summary of evidence pursuant to Article 13. If the flag State fails to do this, it shall be deemed to have waived the exercise of its preferential jurisdiction.

3 Where the flag State has notified the intervening State that it exercises its preferential jurisdiction, the exercise of the jurisdiction of the intervening State shall be suspended, save for the purpose of surrendering persons, vessels, cargoes and evidence in accordance with this Agreement.

4 The flag State shall submit the case forthwith to its competent authorities for the purpose of prosecution.

5 Measures taken by the intervening State against the vessel and persons on board may be deemed to have been taken as part of the procedure of the flag State.

Article 15 — Surrender of vessels, cargoes, persons and evidence

1 Where the flag State has notified the intervening State of its intention to exercise its preferential jurisdiction, and if the flag State so requests, the persons arrested, the vessel, the cargo and the evidence seized shall be surrendered to that State in accordance with the provisions of this Agreement.

2 The request for the surrender of arrested persons shall be supported by, in respect of each person, the original or a certified copy of the warrant of arrest or other order having the same effect, issued by a judicial authority in accordance with the procedure prescribed by the law of the flag State.

3 The Parties shall use their best endeavours to expedite the surrender of persons, vessels, cargoes and evidence.

4 Nothing in this Agreement shall be so construed as to deprive any detained person of his right under the law of the intervening State to have the lawfulness of his detention reviewed by a court of that State, in accordance with procedures established by its national law.

5 Instead of requesting the surrender of the detained persons or of the vessel, the flag State may request their immediate release. Where this request has been made, the intervening State shall release them forthwith.

Article 16 — Capital punishment

If any offence for which the flag State decides to exercise its preferential jurisdiction in accordance with Article 14 is punishable by death under the law of that State, and if in respect of such an offence the death penalty is not provided by the law of the intervening State or is not normally carried out, the surrender of any person may be refused unless the flag State gives such assurances as the intervening State considers sufficient that the death penalty will not be carried out.

Section 5 — Procedural and other general rules

Article 17 — Competent authorities

1 Each Party shall designate an authority, which shall be responsible for sending and answering requests under Articles 6 and 7 of this Agreement. So far as is practicable, each Party shall make arrangements so that this authority may receive and respond to the requests at any hour of any day or night.

2 The Parties shall furthermore designate a central authority which shall be responsible for the notification of the exercise of preferential jurisdiction under Article 14 and for all other communications or notifications under this Agreement.

3 Each Party shall, at the time of signature or when depositing its instrument of ratification, acceptance, approval or accession, communicate to the Secretary General of the Council of Europe the names and addresses of the authorities designated in pursuance of this article, together with any other information facilitating communication under this Agreement. Any subsequent change with respect to the name, address or other relevant information concerning Sch. such authorities shall likewise be communicated to the Secretary General.

Article 18 — Communication between designated authorities

1 The authorities designated under Article 17 shall communicate directly with one another.

2 Where, for any reason, direct communication is not practicable, Parties may agree to use the communication channels of ICPO-Interpol or of the Customs Co-operation Council.

Article 19 — Form of request and languages

1 All communications under Articles 4 to 16 shall be made in writing. Modern means of telecommunications, such as telefax, may be used.

2 Subject to the provisions of paragraph 3 of this article, translations of the requests, other communications and supporting documents shall not be required.

3 At the time of signature or when depositing its instrument of ratification, acceptance, approval or accession, any Party may communicate to the Secretary General of the Council of Europe a declaration that it reserves the right to require that requests, other communications and supporting documents sent to it, be made in or accompanied by a translation into its own language or into one of the official languages of the Council of Europe or into such one of these languages as it shall indicate. It may on that occasion declare its readiness to accept translations in any other language as it may specify. The other Parties may apply the reciprocity rule.

Article 20 — Authentication and legalisation

Documents transmitted in application of this Agreement shall be exempt from all authentication and legalisation formalities.

Article 21 — Content of request

A request under Article 6 shall specify:

a the authority making the request and the authority carrying out the investigations or proceedings;

b details of the vessel concerned, including, as far as possible, its name, a description of the vessel, any marks of registry or other signs indicating nationality, as well as its location, together with a request for confirmation that the vessel has the nationality of the requested Party;

c details of the suspected offences, together with the grounds for suspicion;

d the action it is proposed to take and an assurance that such action would be taken if the vessel concerned had been flying the flag of the intervening State.

Article 22 — Information for owners and masters of vessels

Each Party shall take such measures as may be necessary to inform the owners and masters of vessels flying their flag that States Parties to this Agreement may be granted the authority to board vessels beyond the territorial sea of any Party for the purposes specified in this Agreement and to inform them in particular of the obligation to comply with instructions given by a boarding party from an intervening State exercising that authority.

Article 23 — Restriction of use

The flag State may make the authorisation referred to in Article 6 subject to the condition that the information or evidence obtained will not, without its prior consent, be used or transmitted by the authorities of the intervening State in respect of investigations or proceedings other than those relating to relevant offences.

Article 24 — Confidentiality

The Parties concerned shall, if this is not contrary to the basic principles of their national law, keep confidential any evidence and information provided by another Party in pursuance of this Agreement, except to the extent that its disclosure is necessary for the application of the Agreement or for any investigations or proceedings.

Section 6 — Costs and damages

Article 25 — Costs

1 Unless otherwise agreed by the Parties concerned, the cost of carrying out any action under Articles 9 and 10 shall be borne by the intervening State, and the cost of carrying out action under Articles 4 and 5 shall normally be borne by the Party which renders assistance.

2 Where the flag State has exercised its preferential jurisdiction in accordance with Article 14, the cost of returning the vessel and of transporting suspected persons and evidence shall be borne by it.

Article 26 — Damages

1 If, in the process of taking action pursuant to Articles 9 and 10 above, any person, whether natural or legal, suffers loss, damage or injury as a result of negligence or some other fault attributable to the intervening State, it shall be liable to pay compensation in respect thereof.

2 Where the action is taken in a manner which is not justified by the terms of this Agreement, the intervening State shall be liable to pay compensation for any resulting loss, damage or injury. The intervening State shall also be liable to pay compensation for any such loss, damage or injury, if the suspicions prove to be unfounded and provided that the vessel boarded, the operator or the crew have not committed any act justifying them.

3 Liability for any damage resulting from action under Article 4 shall rest with the requesting State, which may seek compensation from the requested State where the damage was a result of negligence or some other fault attributable to that State.

Chapter III — Final Provisions

Article 27 — Signature and entry into force

1 This Agreement shall be open for signature by the member States of the Council of Europe which have already expressed their consent to be bound by the Vienna Convention. They may express their consent to be bound by this Agreement by:

a signature without reservation as to ratification, acceptance or approval; or

b signature subject to ratification, acceptance or approval, followed by ratification, acceptance or approval.

2 Instruments of ratification, acceptance or approval shall be deposited with the Secretary General of the Council of Europe.

3 This Agreement shall enter into force on the first day of the month following the expiry of a period of three months after the date on which three member States of the Council of Europe have expressed their consent to be bound by the Agreement in accordance with the provisions of paragraph 1.

4 In respect of any signatory State which subsequently expresses its consent to be bound by it, the Agreement shall enter into force on the first day of the month following the expiry of a period of three months after the date of its consent to be bound by the Agreement in accordance with the provisions of paragraph 1.

Article 28 — Accession

1 After the entry into force of this Agreement, the Committee of Ministers of the Council of Europe, after consulting the Contracting States to the Agreement, may invite any State which is not a member of the Council but which has expressed its consent to be bound by the Vienna Convention to accede to this Agreement, by a decision taken by the majority provided for in Article 20.d of the Statute of the Council of Europe and by the unanimous vote of the representatives of the Contracting States entitled to sit on the Committee.

2 In respect of any acceding State, the Agreement shall enter into force on the first day of the month following the expiry of a period of three months after the date of deposit of the instrument of accession with the Secretary General of the Council of Europe.

Article 29 — Territorial application

1 Any State may, at the time of signature or when depositing its instrument of ratification, acceptance, approval or accession, specify the territory or territories in respect of which its consent to be bound to this Agreement shall apply.

2 Any State may, at any later date, by a declaration addressed to the Secretary General of the Council of Europe, extend its consent to be bound by the present Agreement to any other territory specified in the declaration. In respect of such territory the Agreement shall enter into force on the first day of the month following the expiry of a period of three months after the date of receipt of such declaration by the Secretary General.

3 In respect of any territory subject to a declaration under paragraphs 1 and 2 above, authorities may be designated under Article 17, paragraphs 1 and 2.

4 Any declaration made under the preceding paragraphs may, in respect of any territory specified in such declaration, be withdrawn by a notification addressed to the Secretary General. The withdrawal shall become effective on the first day of the month following the expiry of a period of three months after the date of receipt of such notification by the Secretary General.

Article 30 — Relationship to other conventions and agreements

1 This Agreement shall not affect rights and undertakings deriving from the Vienna Convention or from any international multilateral conventions concerning special matters.

2 The Parties to the Agreement may conclude bilateral or multilateral agreements with one another on the matters dealt with in this Agreement, for the purpose of supplementing or strengthening its provisions or facilitating the application of the principles embodied in it and in Article 17 of the Vienna Convention.

3 If two or more Parties have already concluded an agreement or treaty in respect of a subject dealt with in this Agreement or have otherwise established their relations in respect of that subject, they may agree to apply that agreement or treaty or to regulate those relations accordingly, in lieu of the present Agreement, if it facilitates international co-operation.

Article 31 — Reservations

1 Any State may, at the time of signature or when depositing its instrument of ratification, acceptance, approval or accession, declare that it avails itself of one or more of the reservations provided for in Article 3, paragraph 6, Article 19, paragraph 3 and Article 34, paragraph 5. No other reservation may be made.

2 Any State which has made a reservation under the preceding paragraph may wholly or partly withdraw it by means of a notification addressed to the Secretary General of the Council of Europe. The withdrawal shall take effect on the date of receipt of such notification by the Secretary General.

3 A Party which has made a reservation in respect of a provision of this Agreement may not claim the application of that provision by any other Party. It may, however, if its reservation is partial or conditional, claim the application of that provision in so far as it has itself accepted it.

Article 32 — Monitoring committee

1 After the entry into force of the present Agreement, a monitoring committee of experts representing the Parties shall be convened at the request of a Party to the Agreement by the Secretary General of the Council of Europe.

2 The monitoring committee shall review the working of the Agreement and make appropriate suggestions to secure its efficient operation.

3 The monitoring committee may decide its own procedural rules.

4 The monitoring committee may decide to invite States not Parties to the Agreement as well as international organisations or bodies, as appropriate, to its meetings.

5 Each Party shall send every second year a report on the operation of the Agreement to the Secretary General of the Council of Europe in such form and manner as may be decided by the monitoring committee or the European Committee on Crime Problems. The monitoring committee may decide to circulate the information supplied or a report thereon to the Parties and to such international organisations or bodies as it deems appropriate.

Article 33 — Amendments

1 Amendments to this Agreement may be proposed by any Party, and shall be communicated by the Secretary General of the Council of Europe to the member States of the Council of Europe and to every non-member State which has acceded to or has been invited to accede to the Agreement in accordance with the provisions of Article 28.

2 Any amendment proposed by a Party shall be communicated to the European Committee on Crime Problems, which shall submit to the Committee of Ministers its opinion on the proposed amendment.

3 The Committee of Ministers shall consider the proposed amendment and the opinion submitted by the European Committee on Crime Problems, and may adopt the amendment.

4 The text of any amendment adopted by the Committee of Ministers in accordance with paragraph 3 of this article shall be forwarded to the Parties for acceptance.

5 Any amendment adopted in accordance with paragraph 3 of this article shall come into force on the thirtieth day after all the Parties have informed the Secretary General of their acceptance thereof.

Article 34 — Settlement of disputes

1 The European Committee on Crime Problems of the Council of Europe shall be kept informed of the interpretation and application of this Agreement.

2 In case of a dispute between Parties as to the interpretation or application of this Agreement, the Parties shall seek a settlement of the dispute through negotiation or any other peaceful means of their choice, including submission of the dispute to the European Committee on Crime Problems, to an arbitral tribunal whose decisions shall be binding upon the Parties, mediation, conciliation or judicial process, as agreed upon by the Parties concerned.

3 Any State may, at the time of signature or when depositing its instrument of ratification, acceptance, approval or accession, or on any later date, by a declaration addressed to the Secretary General of the Council of Europe, declare that, in respect of any dispute concerning the interpretation or application of this Agreement, it recognises as compulsory, without prior agreement, and subject to reciprocity, the submission of the dispute to arbitration in accordance with the procedure set out in the appendix to this Agreement.

4 Any dispute which has not been settled in accordance with paragraphs 2 or 3 of this article shall be referred, at the request of any one of the parties to the dispute, to the International Court of Justice for decision.

5 Any State may, at the time of signature or when depositing its instrument of ratification, acceptance, approval or accession, by a declaration addressed to the Secretary General of the Council of Europe, declare that it does not consider itself bound by paragraph 4 of this article.

6 Any Party having made a declaration in accordance with paragraphs 3 or 5 of this article may at any time withdraw the declaration by notification to the Secretary General of the Council of Europe.

Article 35 — Denunciation

1 Any Party may, at any time, denounce this Agreement by means of a notification addressed to the Secretary General of the Council of Europe.

2 Such denunciation shall become effective on the first day of the month following the expiry of a period of three months after the date of receipt of the notification by the Secretary General.

3 The present Agreement shall, however, continue to remain effective in respect of any actions or proceedings based on applications or requests made during the period of its validity in respect of the denouncing Party.

Article 36 — Notifications

The Secretary General of the Council of Europe shall notify the member States of the Council, any State which has acceded to this Agreement and the Secretary General of the United Nations of:

a any signature;

b the deposit of any instrument of ratification, acceptance, approval or accession;

c the name of any authority and any other information communicated pursuant to Article 17;

d any reservation made in accordance with Article 31, paragraph 1;

e the date of entry into force of this Agreement in accordance with Articles 27 and 28;

f any request made under Article 32, paragraph 1, and the date of any meeting convened under that paragraph;

g any declaration made under Article 3, paragraphs 5 and 6, Article 8, paragraph 2, Article 19, paragraph 3 and Article 34, paragraphs 3 and 5;

h any other act, notification or communication relating to this Agreement.

In witness whereof the undersigned, being duly authorised thereto, have signed this Agreement.

Done at Strasbourg, this 31st day of January 1995, in English and in French, both texts being equally authentic, in a single copy which shall be deposited in the archives of the Council of Europe. The Secretary General of the Council of Europe shall transmit certified copies to each member State of the Council of Europe and to any State invited to accede to this Agreement.

Appendix

1 The Party to the dispute requesting arbitration pursuant to Article 34, paragraph 3, shall inform the other Party in writing of the claim and of the grounds on which its claim is based.

2 The Parties concerned shall establish an arbitral tribunal.

3 The arbitral tribunal shall consist of three members. Each Party shall nominate an arbitrator. Both Parties shall, by common accord, appoint the presiding arbitrator.

4 Failing such nomination or such appointment by common accord within four months from the date on which the arbitration was requested, the necessary nomination or appointment shall be entrusted to the Secretary General of the Permanent Court of Arbitration.

5 Unless the Parties agree otherwise, the tribunal shall determine its own procedure.

6 Unless otherwise agreed between the Parties, the tribunal shall decide on the basis of the applicable rules of international law or, in the absence of such rules, ex aequo et bono.

7 The tribunal shall reach its decision by a majority of votes. Its decision shall be final and binding.

Drug Trafficking

CRIMINAL JUSTICE (DRUG TRAFFICKING) ACT, 1996

Interpretation.

Powers of detention.

Rearrest.

Application of certain provisions of Act of 1984.

Regulations regarding officers of customs and excise.

Inferences from failure of accused to mention particular facts.

Search warrants.

Amendment of Public Dance Halls Act, 1935.

Duration of certain sections.

Short title and commencement.

Criminal Justice (Amendment) Act 2009

Amendment of sections 2, 4, 5 and 11 of Act of 1996.

Criminal Justice Act 2006

Amendment of Criminal Justice (Drug Trafficking) Act 1996.

Criminal Justice (Forensic Evidence and DNA Database System) Act 2014

Misuse of Drugs

Definition.

Importation of controlled drugs in excess of certain value.

Supply of controlled drugs into prisons and places of detention.

Obligations of Drug Trafficking Offenders to Notify Certain Information

Definitions ( Part 9 ).

Drug trafficking offences for purposes of this Part.

Persons subject to the requirements of this Part.

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

Supply of information to facilitate compliance with this Part.

Notification requirements.

Discharge from obligation to comply with requirements of this Part.

Offences in connection with notification requirements.

Application of this Part to persons convicted outside State.

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

Proof of foreign conviction in certain cases.

CRIMINAL JUSTICE (ILLICIT TRAFFIC BY SEA) ACT 2003

Interpretation.

Exercise of powers by enforcement officers.

Convention states party to the Agreement.

Communication by master of vessel.

Arrested person to be brought before High Court.

Remand of arrested person.

Request for surrender.

Certification of surrender request.

Committal or release of arrested person.

Powers of adjournment and remand.

Nomination of judge.

Immunity of foreign officials.

Restriction on arrest and proceedings.

Suspension of proceedings.

Removal of detained person to hospital or other place.

Surrender of persons.

Surrender of vessels and any thing seized.

Time lapse before surrender.

Release if not conveyed out of State.

Release by order of Minister.

Capital punishment.

Custodial sentence not completed.

Ireland as State seeking to exercise preferential jurisdiction.

Evidence and presumptions.

Drug traffickingoffences on ships.

AGREEMENT ON ILLICIT TRAFFIC BY SEA IMPLEMENTING ARTICLE 17 OF THE UNITED NATIONS CONVENTION AGAINST ILLICIT TRAFFIC IN NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES

Section 1 — General provisions

Section 2 — Authorisation procedures

Section 3 — Rules governing action

Section 4 — Rules governing the exercise of jurisdiction

Section 5 — Procedural and other general rules

Section 6 — Costs and damages

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