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CRIMINAL JUSTICE (MISCELLANEOUS PROVISIONS) ACT 2023

PART 2

Conspiracy to murder

Amendment of section 4 of Offences against the Person Act 1861

3. Section 4 of the Offences against the Person Act 1861 is amended by the substitution of “to imprisonment for life or a lesser term of imprisonment” for “to be kept in penal servitude for any term not more than ten years”.

Amendment of Criminal Justice Act 2006

4. The Criminal Justice Act 2006 is amended—

(a) in section 70(1), by the insertion of the following definition:

“‘Act of 1861’ means the Offences against the Person Act 1861 ;”,

(b) in section 71—

(i) by the substitution of the following subsection for subsection (4):

“(4) A person charged with an offence under this section—

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

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

and

(ii) by the insertion of the following subsection after subsection (4):

“(4A) This section shall not apply in respect of a conspiracy to commit murder to which section 4 of the Act of 1861 applies.”,

(c) in section 72A(1), by the substitution of “for an offence under this Part or the offence of conspiracy to murder under section 4 of the Act of 1861” for “for an offence under this Part”,

(d) in section 76(1), by the substitution of “Where an offence under this Part or the offence of conspiracy to murder under section 4 of the Act of 1861 is committed” for “Where an offence under this Part is committed”, and

(e) by the substitution of the following section for section 77:

“

Double jeopardy

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

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

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

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

of which the person was so acquitted or convicted.”.