Extraterritoriality

Criminal Law (Extraterritorial Jurisdiction) Act

The primary purpose of the Act is to create extraterritorial jurisdiction over certain offences contained in the Non-Fatal Offences against the Person Act 1997 and the Criminal Law (Rape) (Amendment) Act 1990, as well as extending extraterritorial jurisdiction to murder and manslaughter committed abroad by Irish residents. The Act is to give further effect to the Council of Europe Convention on preventing and combating violence against women and domestic violence done at Istanbul on 11 May 2011.

The 2019 Act defines key terms in the Act. It provides that any reference to a “Convention State” means a state, other than the State, that is a party to the Istanbul Convention on preventing and combatting violence against women and domestic violence.

Offences Covered

Covered offences  means:

• an offence under section 3, 4, 5, 9 or 10 of the Non-Fatal Offences Against the Person Act 1997,
• sexual assault within the meaning of section 2 of the Act of 1990,
• aggravated sexual assault within the meaning of section 3 of the Act of 1990,
• rape, or
• rape under section 4 of the Act of 1990.

These offences are “relevant” offences in the Act as they correspond to the offences that states are required to provide for under Articles 34, 35, 36 and 40 of the Istanbul Convention. The requirement to provide for extraterritorial jurisdiction over such offences committed by Irish citizens or residents abroad is contained in Article 44 of the Convention.

Application of Act

The provisions of the Act will not apply where jurisdiction is already provided for under the Criminal Law (Jurisdiction) Act 1976 which deals with jurisdiction in relation to offences committed in Northern Ireland. This provision was necessary to avoid overlap between the provisions of this Act and the provisions already in place for offences committed in Northern Ireland.

 There is extraterritorial jurisdiction over offences covered (see above). It also provides for extraterritorial jurisdiction over murder and manslaughter in certain circumstances. This means that the persons who commit these offences may be prosecuted in Ireland for them notwithstanding that they took place abroad.

It s an offence for any person to commit an offence covered (see above) on board an Irish ship or on an aircraft registered in the State. It is  an offence for any person to aid, abet, counsel or procure in the State, on board an Irish ship or on an aircraft registered in the State another person to commit any such offences.

The conduct that would constitute one of the offence is concerned must occur in a Convention State, on board an Irish ship or an aircraft registered in the State.

Offences

It is an offence for an Irish citizen or resident

• to commit a offences covered (see above) in a Convention State. The offence must also
• be an offence in the Convention State in which it took place.

A “Convention State” means a state, other than the State, that is a party to the Istanbul Convention on preventing and combatting violence against women and domestic violence.

It is an offence for an Irish citizen or resident to aid, abet, counsel or procure in a Convention State another person to commit one of the  offences covered (see above). The conduct that would constitute the relevant offence must also occur in a Convention State.

It  is an offence for an Irish resident, who is not a citizen, to commit murder or manslaughter in any place outside the State.The Offences Against the Person Act 1861 already provides that it is an offence for an Irish citizen to commit murder or manslaughter in any place outside the State.

 It  is an offence for any person to aid, abet, counsel or procure another person to commit murder or manslaughter. The aiding, abetting, counselling or procuring must occur in the State, on board an Irish ship or on an aircraft registered in the State. The conduct that would constitute murder or manslaughter must occur outside the State.

Procedural

 It is an offence for an Irish citizen or resident to aid, abet, counsel or procure another person to commit murder or manslaughter. The aiding, abetting, counselling or procuring must occur outside the State and again, the conduct that would constitute murder or manslaughter must occur outside the State.

Proceedings for any such offences may be taken in any place in the State.

Where a person has been acquitted of an offence in a place other than the State, he or she shall not be proceeded against for an offence consisting of the alleged act or acts constituting the first-mentioned offence.

Where a person has been convicted of an offence in a place other than the State, he or she shall not be proceeded against for an offence under this section consisting of the act or acts constituting the first-mentioned offence.