{"id":1675,"date":"2021-08-03T21:40:24","date_gmt":"2021-08-03T21:40:24","guid":{"rendered":"http:\/\/legalblog.ie\/?p=1675"},"modified":"2024-03-22T21:21:38","modified_gmt":"2024-03-22T21:21:38","slug":"organised-crime","status":"publish","type":"post","link":"https:\/\/legalblog.ie\/organised-crime\/","title":{"rendered":"Organised Crime"},"content":{"rendered":"<div id=\"ez-toc-container\" class=\"ez-toc-v2_0_63 counter-hierarchy ez-toc-counter ez-toc-grey ez-toc-container-direction\">\n<div class=\"ez-toc-title-container\">\n<p class=\"ez-toc-title \" >Table of Contents<\/p>\n<span class=\"ez-toc-title-toggle\"><a href=\"#\" class=\"ez-toc-pull-right ez-toc-btn ez-toc-btn-xs ez-toc-btn-default ez-toc-toggle\" aria-label=\"Toggle Table of Content\"><span class=\"ez-toc-js-icon-con\"><span class=\"\"><span class=\"eztoc-hide\" style=\"display:none;\">Toggle<\/span><span class=\"ez-toc-icon-toggle-span\"><svg style=\"fill: #999;color:#999\" xmlns=\"http:\/\/www.w3.org\/2000\/svg\" class=\"list-377408\" width=\"20px\" height=\"20px\" viewBox=\"0 0 24 24\" fill=\"none\"><path d=\"M6 6H4v2h2V6zm14 0H8v2h12V6zM4 11h2v2H4v-2zm16 0H8v2h12v-2zM4 16h2v2H4v-2zm16 0H8v2h12v-2z\" fill=\"currentColor\"><\/path><\/svg><svg style=\"fill: #999;color:#999\" class=\"arrow-unsorted-368013\" xmlns=\"http:\/\/www.w3.org\/2000\/svg\" width=\"10px\" height=\"10px\" viewBox=\"0 0 24 24\" version=\"1.2\" baseProfile=\"tiny\"><path d=\"M18.2 9.3l-6.2-6.3-6.2 6.3c-.2.2-.3.4-.3.7s.1.5.3.7c.2.2.4.3.7.3h11c.3 0 .5-.1.7-.3.2-.2.3-.5.3-.7s-.1-.5-.3-.7zM5.8 14.7l6.2 6.3 6.2-6.3c.2-.2.3-.5.3-.7s-.1-.5-.3-.7c-.2-.2-.4-.3-.7-.3h-11c-.3 0-.5.1-.7.3-.2.2-.3.5-.3.7s.1.5.3.7z\"\/><\/svg><\/span><\/span><\/span><\/a><\/span><\/div>\n<nav><ul class='ez-toc-list ez-toc-list-level-1 ' ><ul class='ez-toc-list-level-3' ><li class='ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-1\" href=\"https:\/\/legalblog.ie\/organised-crime\/#Criminal_Organisation\" title=\"Criminal Organisation\">Criminal Organisation<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-2\" href=\"https:\/\/legalblog.ie\/organised-crime\/#Inside_or_Outside_State\" title=\"Inside or Outside State\">Inside or Outside State<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-3\" href=\"https:\/\/legalblog.ie\/organised-crime\/#Directing_a_Criminal_Organisation\" title=\"Directing a Criminal Organisation\">Directing a Criminal Organisation<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-4\" href=\"https:\/\/legalblog.ie\/organised-crime\/#Evidence\" title=\"Evidence\">Evidence<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-5\" href=\"https:\/\/legalblog.ie\/organised-crime\/#Participation_and_Contribution\" title=\"Participation and Contribution\">Participation and Contribution<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-6\" href=\"https:\/\/legalblog.ie\/organised-crime\/#Serious_Offences\" title=\"Serious Offences\">Serious Offences<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-7\" href=\"https:\/\/legalblog.ie\/organised-crime\/#Designated_Items\" title=\"Designated Items\">Designated Items<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-8\" href=\"https:\/\/legalblog.ie\/organised-crime\/#Inferences\" title=\"Inferences\">Inferences<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-9\" href=\"https:\/\/legalblog.ie\/organised-crime\/#Questions\" title=\"Questions\">Questions<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-10\" href=\"https:\/\/legalblog.ie\/organised-crime\/#Sentencing\" title=\"Sentencing\">Sentencing<\/a><\/li><\/ul><\/li><li class='ez-toc-page-1 ez-toc-heading-level-2'><a class=\"ez-toc-link ez-toc-heading-11\" href=\"https:\/\/legalblog.ie\/organised-crime\/2\/#CRIMINAL_JUSTICE_ACT_2006\" title=\"CRIMINAL JUSTICE ACT 2006\">CRIMINAL JUSTICE ACT 2006<\/a><ul class='ez-toc-list-level-4' ><li class='ez-toc-heading-level-4'><ul class='ez-toc-list-level-4' ><li class='ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-12\" href=\"https:\/\/legalblog.ie\/organised-crime\/2\/#Interpretation_Part_7\" title=\"Interpretation (Part 7).\">Interpretation (Part 7).<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-13\" href=\"https:\/\/legalblog.ie\/organised-crime\/2\/#Offence_of_conspiracy\" title=\"Offence of conspiracy.\">Offence of conspiracy.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-14\" href=\"https:\/\/legalblog.ie\/organised-crime\/2\/#Offence_of_directing_a_criminal_organisation\" title=\"Offence of directing a criminal organisation.\">Offence of directing a criminal organisation.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-15\" href=\"https:\/\/legalblog.ie\/organised-crime\/2\/#Provisions_with_respect_to_proof_of_criminal_organisations_existence\" title=\"Provisions with respect to proof of criminal organisation\u2019s existence.\">Provisions with respect to proof of criminal organisation\u2019s existence.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-16\" href=\"https:\/\/legalblog.ie\/organised-crime\/2\/#Offence_to_participate_in_or_contribute_to_certain_activities\" title=\"Offence to participate in, or contribute to, certain activities.\">Offence to participate in, or contribute to, certain activities.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-17\" href=\"https:\/\/legalblog.ie\/organised-crime\/2\/#Table\" title=\"Table\">Table<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-18\" href=\"https:\/\/legalblog.ie\/organised-crime\/2\/#Offences_under_this_Part_inferences_that_may_be_drawn\" title=\"Offences under this Part: inferences that may be drawn.\">Offences under this Part: inferences that may be drawn.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-19\" href=\"https:\/\/legalblog.ie\/organised-crime\/2\/#Commission_of_offence_for_criminal_organisation\" title=\"Commission of offence for criminal organisation.\">Commission of offence for criminal organisation.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-20\" href=\"https:\/\/legalblog.ie\/organised-crime\/2\/#Proceedings_relating_to_offences_committed_outside_State\" title=\"Proceedings relating to offences committed outside State.\">Proceedings relating to offences committed outside State.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-21\" href=\"https:\/\/legalblog.ie\/organised-crime\/2\/#Aggravating_factor_serious_offence_committed_as_part_of_or_in_furtherance_of_activities_of_criminal_organisation\" title=\"Aggravating factor: serious offence committed as part of, or in furtherance of, activities of criminal organisation.\">Aggravating factor: serious offence committed as part of, or in furtherance of, activities of criminal organisation.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-22\" href=\"https:\/\/legalblog.ie\/organised-crime\/2\/#Exclusion_of_evidence_in_certain_circumstances\" title=\"Exclusion of evidence in certain circumstances.\">Exclusion of evidence in certain circumstances.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-23\" href=\"https:\/\/legalblog.ie\/organised-crime\/2\/#Evidence_in_proceedings_under_this_Part\" title=\"Evidence in proceedings under this Part.\">Evidence in proceedings under this Part.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-24\" href=\"https:\/\/legalblog.ie\/organised-crime\/2\/#Liability_for_offences_by_bodies_corporate\" title=\"Liability for offences by bodies corporate.\">Liability for offences by bodies corporate.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-25\" href=\"https:\/\/legalblog.ie\/organised-crime\/2\/#Double_jeopardy\" title=\"Double jeopardy.\">Double jeopardy.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-26\" href=\"https:\/\/legalblog.ie\/organised-crime\/2\/#Amendment_of_Act_of_1967\" title=\"Amendment of Act of 1967.\">Amendment of Act of 1967.<\/a><\/li><\/ul><\/li><\/ul><\/li><li class='ez-toc-page-1 ez-toc-heading-level-2'><a class=\"ez-toc-link ez-toc-heading-27\" href=\"https:\/\/legalblog.ie\/organised-crime\/2\/#CRIMINAL_JUSTICE_ACT_2007\" title=\"CRIMINAL JUSTICE ACT 2007\">CRIMINAL JUSTICE ACT 2007<\/a><ul class='ez-toc-list-level-4' ><li class='ez-toc-heading-level-4'><ul class='ez-toc-list-level-4' ><li class='ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-28\" href=\"https:\/\/legalblog.ie\/organised-crime\/2\/#Possession_of_article_intended_for_use_in_connection_with_certain_offences\" title=\"Possession of article intended for use in connection with certain offences.\">Possession of article intended for use in connection with certain offences.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-29\" href=\"https:\/\/legalblog.ie\/organised-crime\/2\/#Possession_of_monies_intended_for_use_in_connection_with_certain_offences\" title=\"Possession of monies intended for use in connection with certain offences.\">Possession of monies intended for use in connection with certain offences.<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-4'><a class=\"ez-toc-link ez-toc-heading-30\" href=\"https:\/\/legalblog.ie\/organised-crime\/2\/#Amendment_of_section_15_of_Criminal_Justice_Theft_and_Fraud_Offences_Act_2001\" title=\"Amendment of section 15 of Criminal Justice (Theft and Fraud Offences) Act 2001.\">Amendment of section 15 of Criminal Justice (Theft and Fraud Offences) Act 2001.<\/a><\/li><\/ul><\/li><\/ul><\/li><\/ul><\/nav><\/div>\n<h3><span class=\"ez-toc-section\" id=\"Criminal_Organisation\"><\/span>Criminal Organisation<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The 2006 Criminal Justice Acts strengthened measures directed at organised crime.\u00a0 A criminal organisation means a structured group howsoever organised that has its main purpose or activity, the commission or facilitation of serious offences.\u00a0 A serious offence is one for which a person may be imprisoned for four ears or more.<\/p>\n<p>A structured group is a group of three or more persons which is not formed randomly for \u00a0the commission of a single offence where \u00a0the involvement by two or more members is with a view to acting in consort.\u00a0 A structured group may exist notwithstanding the absence of formal roles, memberships, rules, hierarchic or leadership structure or the \u00a0continuity of involvement of any person.\u00a0Facilitation of an offence does not require knowledge of a particular offence the commission of which is facilitated or that an actual offence be committed.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Inside_or_Outside_State\"><\/span>Inside or Outside State<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>A person who conspires whether in the State or elsewhere with one or more persons to do an act in the State which is a serious offence or in a place outside the State which would be\u00a0 a serious offence under the law of the State, is guilty of an offence irrespective of whether that act actually takes place or not.<\/p>\n<p>The provisions apply to a conspiracy committed outside the State<\/p>\n<ul>\n<li>if the offence, the subject of the conspiracy was committed or intended to be committed in Ireland or against an Irish citizen<\/li>\n<li>the conspiracy is committed on board an Irish ship, aircraft<\/li>\n<li>the conspiracy is committed by an Irish citizen or a person ordinarily resident in the State.<\/li>\n<\/ul>\n<p>A person charged with an offence under this provision is liable to be indicted, tried, and punished as a principal offender.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Directing_a_Criminal_Organisation\"><\/span>Directing a Criminal Organisation<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>It is an offence to direct a criminal organisation.\u00a0 A person directs a criminal organisation if he controls or supervises activities or gives an order, instruction or guidance or makes a request with respect to the carrying out of the activities.\u00a0 This includes activities carried on outside the State and activities that do not themselves constitute an offence.<\/p>\n<p>A person who directs at any level of an organised structure, the activities of a criminal organisation is guilty of an offence and is liable on conviction on indictment to imprisonment for life or lesser term.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Evidence\"><\/span>Evidence<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>A statement made verbally or in writing or conduct by a defendant implying or leading to the reasonable inference that he was at the material time, directing the activities of a criminal organisation, is admissible as evidence that he was so doing.<\/p>\n<p>A jury may draw inferences from any evidence of a pattern of behaviour on the part of the defendant consistent with his or her having directed the activities of an organisation concerned at the relevant time.\u00a0 They may also consider whether he has received any benefit from the organisation and evidence as to his \u00a0possession of items, documents or other records which would give rise for a reasonable suspicion that such articles, documents, or records were in his possession or control for a purpose connected with the directing of the activities of the organisation concerned.<\/p>\n<p>Documents or records emanating from the organisation from which it might be inferred as to the giving of an instruction, order, or guidance by the defendant to any person involved in the organisation, the making of a request of a person so involved or the seeking by the third party so involved of assistance or guidance from the defendant, is evidence that the defendant was directing the activities of the organisation concerned at the material time.<\/p>\n<p>Evidence by a member or former member of An Garda S\u00edoch\u00e1na who appears to possess the appropriate expertise is admissible as proof of the existence of a particular criminal organisation.\u00a0 Expertise means experience, specialist \u00a0knowledge, or qualifications.\u00a0 It is permissible for the expert in forming the opinion to take account of previous convictions for arrestable offences, believed by that expert to be part of the organisation to which his opinion relates.<\/p>\n<p>The following are evidence that a particular group exists and consititutes a criminal organistion ; documents and records emanating or appearing to emanate within the group or created by the defendant<\/p>\n<ul>\n<li>from which the group\u2019s existence as a criminal organisation may be inferred,<\/li>\n<li>from which the commission or facilitation by the group of a serious offence or its engaging in activity can be inferred or<\/li>\n<li>that uses or makes reference to a name, word or symbol that identifies the group as a criminal organisation from which that name, word or symbol or the representation can be inferred, that is such an organisation.<\/li>\n<\/ul>\n<p>The provision by a group of three or more persons of a material benefit to the defendant or promise to provide such benefit which is not in return for a lawful act is also \u00a0evidence that the group constitutes a criminal organisation.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Participation_and_Contribution\"><\/span>Participation and Contribution<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>It is an offence for a person with knowledge of the existence of the organisation to participate or contribute to any of its activities tending to enhance the ability of the organisation or its members to commit or facilitate the commission by a criminal organisation or any of its members of a serious offence.<\/p>\n<p>It is an offence to do so \u00a0being reckless as to whether the participation or contribution could either enhance the ability of the criminal organisation or any of its members to commit or facilitate the commission of by the criminal organisation or any of its members of a serious offence.<\/p>\n<p>If a person guilty of an offence under this provision is liable on conviction on indictment to a fine or imprisonment for a term not exceeding 15 years.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Serious_Offences\"><\/span>Serious Offences<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The commission of a serious offence includes acts outside the State which constitute a serious offence under the law of that place and which if \u00a0done in the State would constitute a serious offence.<\/p>\n<p>In proceedings under this provision, it is not necessary to prove that the criminal organisation concerned or its members actually committed a serious offence, that the participation actually enhanced its ability or facilitated the commission of a serious offence or knowledge on the part of the defendant of this specific nature of any offence.<\/p>\n<p>In deciding whether the person participates or contributes to the activity above, the court may consider whether he uses a name, word, symbol or representation that identifies or is associated with the criminal organisation or receives any benefit from the organisation concerned.<\/p>\n<ul>\n<li>It is presumed unless the contrary is \u00a0shown that the participation or contribution \u00a0the defendant was engaged in was made with a state of mind on the defendant\u2019s part required by the offence, if the circumstances under which it was committed involved either possession or the presence of one or more of the articles mentioned below,<\/li>\n<li>their being present in any vehicle which appears to be connected with the relevant act of which the defendant or one or more persons were occupiers,<\/li>\n<li>any such article or item and the circumstances are such as to give rise to a reasonable suspicion that the defendant\u2019s state of mind was as aforesaid \u00a0at the time of committing the offence.<\/li>\n<\/ul>\n<h3><span class=\"ez-toc-section\" id=\"Designated_Items\"><\/span>Designated Items<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The designated items include<\/p>\n<ul>\n<li>balaclava, boiler suit, or other disguise including Garda\u00ed uniform or equipment<\/li>\n<li>firearms or imitation of firearms<\/li>\n<li>housebreaking instruments including stolen keys, cards and codes<\/li>\n<li>premises, plans of premises or structures not related to a lawful activity<\/li>\n<li>controlled drugs<\/li>\n<li>substantial amounts of cash or currency unrelated to a lawful activity<\/li>\n<li>false vehicle registration<\/li>\n<li>items for making counterfeit currency or debit cards<\/li>\n<li>articles for making copies of any works being an article indicating that it would likely to be used on a substantial scale of infringing copies without the copyrights owner\u2019s consent<\/li>\n<li>any other prescribed items<\/li>\n<\/ul>\n<h3><span class=\"ez-toc-section\" id=\"Inferences\"><\/span>Inferences<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Inferences may be drawn in relation to these offences by failure to answer questions.\u00a0 Where evidence is given that the defendant either at or before the time he was charged, on being questioned failed to answer a question material to the investigation, then the court in determining guilt may draw such inference from the failure as appear proper.\u00a0 The failure to so respond may be capable of collaboration of an offence.\u00a0 However, a person shall not be convicted solely or mainly based such an inference.<\/p>\n<p>Before such an inference can be drawn, the defendant must be told in ordinary language when being questioned, the effect of failure to respond.\u00a0 The defendant must also be given a reasonable opportunity to consult his solicitor before such a failure occurred.<\/p>\n<p>Nothing is to prejudice the admissibility of evidence of silence under any other statutory provision.<\/p>\n<p>The court on the purpose of drawing an inference shall have regard to the time when an answer was first given.\u00a0 The provision does not apply to the questioning of a person unless it is recorded by electronic or similar means or the person consents in writing to it not being so recorded.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Questions\"><\/span>Questions<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The provision applies to questions which are material to the investigation of the offence.\u00a0 These includes questions requesting a defendant to give a full account of his movements, activities, actions, or associations during a specific period relevant to the offence and whichever one or more than one of the following is relevant<\/p>\n<ul>\n<li>a question relating to a statement or conduct related to a criminal organisation<\/li>\n<li>a question relating to the benefits which the member of An Garda S\u00edoch\u00e1na reasonably believes was deceived<\/li>\n<li>a question relating to articles, documents, and records<\/li>\n<li>questions relating to documents of a type created or purporting to be created by the defendant or found in his possession on or about the time of his arrest on foot of a lawful search warrant<\/li>\n<li>a question relating to the suspected use by the defendant in a document or suspected reference to \/ of a name, word, symbol, or other representation<\/li>\n<li>a question relating to the possession or presence in a vehicle in the above circumstances of the abovementioned articles or items.<\/li>\n<\/ul>\n<p>No question is to be regarded as, material unless the member of An Garda S\u00edoch\u00e1na concerned reasonably believed the question related to the participation of the defendant in the commission of the offence.<\/p>\n<p>A failure to answer includes references to the giving of an answer that is false or misleading. References to silence or other reactions are to be interpreted accordingly.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Sentencing\"><\/span>Sentencing<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>A person who commits a serious offence for the benefit of at the direction or in association with a criminal organisation is guilty of an offence.\u00a0 In proceedings for such offence, it is not necessary to prove that the person concerned knew of any of the persons who constituted the criminal organisation.\u00a0 A person guilty of an offence under this provision is liable on conviction on indictment to a fine or imprisonment not exceeding 15 years.<\/p>\n<p>When a court is deciding sentence for a serious offence, it is to be treated as an aggravating factor that it was committed in part or in furtherance of the activities of the criminal organisation.<\/p>\n<p>A court shall except where the sentence for the serious offence is one of imprisonment for life or where the court considers there are exceptional circumstances which justified it not so doing, impose a sentence that is greater than that would have been imposed put for this aggravating factor.\u00a0 This sentence is not to be greater than the maximum sentence permissible for the serious offence.<\/p>\n<p><!--nextpage--><\/p>\n<h2>CRIMINAL JUSTICE ACT 2006<\/h2>\n<p>PART 7<\/p>\n<p>Organised Crime<\/p>\n<p>Annotations<\/p>\n<p>Editorial Notes:<\/p>\n<p>E17<br \/>\nCriminal Justice Act 2007 (29\/2007), s. 50, confirmed to apply to offences under Part by Criminal Justice Act 2007 (29\/2007), s. 50(1)(e), as inserted (23.07.2009) by Criminal Justice (Amendment) Act 2009 (32\/2009), s. 23(1)(c), commenced on enactment.<\/p>\n<p>E18<br \/>\nPersons convicted of offences under this Part may be the subject of post-release orders under Criminal Justice Act 2007 (29\/2007), s. 26A as inserted (23.07.2009) by Criminal Justice (Amendment) Act 2009 (32\/2009), s. 14(1), commenced on enactment.<\/p>\n<h4>Interpretation (Part 7).<\/h4>\n<p>70.\u2014 (1) In this Part\u2014<\/p>\n<p>\u201cact\u201d includes omission and a reference to the commission or doing of an act includes a reference to the making of an omission;<\/p>\n<p>F5[&#8220;Act of 1861&#8221; means the Offences against the Person Act 1861;]<\/p>\n<p>F6[&#8220;criminal organisation&#8221; means a structured group, however organised, that has as its main purpose or activity the commission or facilitation of a serious offence;]<\/p>\n<p>\u201cIrish ship\u201d has the meaning it has in section 9 of the Mercantile Marine Act 1955;<\/p>\n<p>\u201cserious offence\u201d means an offence for which a person may be punished by imprisonment for a term of 4 years or more;<\/p>\n<p>F6[&#8220;structured group&#8221; means a group of 3 or more persons, which is not randomly formed for the immediate commission of a single offence, and the involvement in which by 2 or more of those persons is with a view to their acting in concert; for the avoidance of doubt, a structured group may exist notwithstanding the absence of all or any of the following:<\/p>\n<p>(a) formal rules or formal membership, or any formal roles for those involved in the group;<\/p>\n<p>(b) any hierarchical or leadership structure;<\/p>\n<p>(c) continuity of involvement by persons in the group.]<\/p>\n<p>(2) For the purposes of this section facilitation of an offence does not require knowledge of a particular offence the commission of which is facilitated, or that an offence actually be committed.<\/p>\n<p>F7[(3) For the purposes of the references in sections 71(2)(d) and 74(1)(b)(i) to a person\u2019s being ordinarily resident in the State, a person shall be taken to be so resident, on the date of the commission of the offence to which section 71(1) or 74(1), as the case may be, applies, if, for the 12 months immediately preceding that date, the person has his or her principal place of residence in the State.]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F5<br \/>\nInserted (1.11.2023) by Criminal Justice (Miscellaneous Provisions) Act 2023 (24\/2023), s. 4(a), S.I. No. 525 of 2023.<\/p>\n<p>F6<br \/>\nSubstituted (23.07.2009) by Criminal Justice (Amendment) Act 2009 (32\/2009), s. 3(1), commenced on enactment.<\/p>\n<p>F7<br \/>\nInserted (23.07.2009) by Criminal Justice (Amendment) Act 2009 (32\/2009), s. 3(2), commenced on enactment.<\/p>\n<p>F8<br \/>\nSubstituted by Merchant Shipping (Registration of Ships) Act 2014 (43\/2014), s. 68 and sch. 4, not commenced as of date of revision.<\/p>\n<p>Modifications (not altering text):<\/p>\n<p>C5<br \/>\nProspective affecting provision: definition of &#8220;Irish ship&#8221; substituted by Merchant Shipping (Registration of Ships) Act 2014 (43\/2014), s. 68 and sch. 4, not commenced as of date of revision.<\/p>\n<p>Interpretation<\/p>\n<p>70.\u2014 (1) In this Part\u2014 &#8230;<\/p>\n<p>F8[&#8220;Irish ship&#8221; has the meaning assigned to it by section 33 of the Merchant Shipping (Registration of Ships) Act 2014;]<\/p>\n<p>&#8230;<\/p>\n<h4>Offence of conspiracy.<\/h4>\n<p>71.\u2014 (1) Subject to subsections (2) and (3), a person who conspires, whether in the State or elsewhere, with one or more persons to do an act\u2014<\/p>\n<p>(a) in the State that constitutes a serious offence, or<\/p>\n<p>(b) in a place outside the State that constitutes a serious offence under the law of that place and which would, if done in the State, constitute a serious offence,<\/p>\n<p>is guilty of an offence irrespective of whether such act actually takes place or not.<\/p>\n<p>(2) Subsection (1) applies to a conspiracy committed outside the State if\u2014<\/p>\n<p>(a) the offence, the subject of the conspiracy, was committed, or was intended to be committed, in the State or against a citizen of Ireland,<\/p>\n<p>(b) the conspiracy is committed on board an Irish ship,<\/p>\n<p>(c) the conspiracy is committed on an aircraft registered in the State, or<\/p>\n<p>(d) the conspiracy is committed by an Irish citizen or a F9[person ordinarily resident in the State].<\/p>\n<p>(3) Subsection (1) shall also apply to a conspiracy committed outside the State in circumstances other than those referred to in subsection (2), but in that case the Director of Public Prosecutions may not take, or consent to the taking of, proceedings for an offence under subsection (1) except in accordance with section 74(3).<\/p>\n<p>F10[(4) A person charged with an offence under this section\u2014<\/p>\n<p>(a) subject to paragraph (b), is liable to be indicted, tried and punished as a principal offender, or<\/p>\n<p>(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.]<\/p>\n<p>F11[(4A) This section shall not apply in respect of a conspiracy to commit murder to which section 4 of the Act of 1861 applies.]<\/p>\n<p>(5) F12[\u2026]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F9<br \/>\nSubstituted (23.07.2009) by Criminal Justice (Amendment) Act 2009 (32\/2009), s. 4(a), commenced on enactment.<\/p>\n<p>F10<br \/>\nSubstituted (1.11.2023) by Criminal Justice (Miscellaneous Provisions) Act 2023 (24\/2023), s. 4(b)(i), S.I. No. 525 of 2023.<\/p>\n<p>F11<br \/>\nInserted (1.11.2023) by Criminal Justice (Miscellaneous Provisions) Act 2023 (24\/2023), s. 4(b)(ii), S.I. No. 525 of 2023.<\/p>\n<p>F12<br \/>\nDeleted (23.07.2009) by Criminal Justice (Amendment) Act 2009 (32\/2009), s. 4(b), commenced on enactment.<\/p>\n<p>Editorial Notes:<\/p>\n<p>E19<br \/>\nPersons convicted of offences under this section (18.05.2007) may be the subject of monitoring and protection of persons orders under Criminal Justice Act 2007 (29\/2007), s. 26 and sch. 2, item 9(a), S.I. No. 236 of 2007.<\/p>\n<p>E20<br \/>\nPersons convicted of offences under this section may be subject to the imposition of minimum sentences (18.05.2007) under Criminal Justice Act 2007 (29\/2007), s. 25 and sch. 2, item 9(a), S.I. No. 236 of 2007.<\/p>\n<p>F13[<\/p>\n<h4>Offence of directing a criminal organisation.<\/h4>\n<p>71A.\u2014 (1) In this section\u2014<\/p>\n<p>(a) &#8220;directs&#8221;, in relation to activities, means\u2014<\/p>\n<p>(i) controls or supervises the activities, or<\/p>\n<p>(ii) gives an order, instruction or guidance, or makes a request, with respect to the carrying on of the activities;<\/p>\n<p>(b) references to activities include references to\u2014<\/p>\n<p>(i) activities carried on outside the State, and<\/p>\n<p>(ii) activities that do not constitute an offence or offences.<\/p>\n<p>(2) A person who directs, at any level of the organisation\u2019s structure, the activities of a criminal organisation is guilty of an offence and shall be liable on conviction on indictment to imprisonment for life or a lesser term of imprisonment.<\/p>\n<p>(3) Any statement made orally, in writing or otherwise, or any conduct, by the defendant implying or leading to a reasonable inference that he or she was at a material time directing the activities of a criminal organisation shall, in proceedings for an offence under this section, be admissible as evidence that the defendant was doing such at that time.<\/p>\n<p>(4) In proceedings under this section, the court or the jury, as the case may be, in determining whether an offence under this section has been committed, may, in addition to any other relevant evidence, also consider\u2014<\/p>\n<p>(a) any evidence of a pattern of behaviour on the part of the defendant consistent with his or her having directed the activities of the organisation concerned at the material time, and<\/p>\n<p>(b) without limiting paragraph (a) or subsection (3)\u2014<\/p>\n<p>(i) whether the defendant has received any benefit from the organisation concerned, and<\/p>\n<p>(ii) evidence as to the possession by the defendant of such articles or documents or other records as would give rise to a reasonable suspicion that such articles, documents or other records were in his or her possession or control for a purpose connected with directing the activities of the organisation concerned.<\/p>\n<p>(5) Any document or other record emanating or purporting to emanate from the organisation concerned from which there can be inferred\u2014<\/p>\n<p>(a) either\u2014<\/p>\n<p>(i) the giving, at the time concerned, of an instruction, order or guidance by the defendant to any person involved in the organisation, or<\/p>\n<p>(ii) the making, at that time, by the defendant of a request of a person so involved,<\/p>\n<p>or<\/p>\n<p>(b) the seeking, at that time, by a person so involved of assistance or guidance from the defendant,<\/p>\n<p>shall, in proceedings for an offence under this section, be admissible as evidence that the defendant was directing the activities of the organisation concerned at the material time.<\/p>\n<p>(6) In this section &#8220;document or other record&#8221; has the same meaning as it has in section 71B.]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F13<br \/>\nInserted (23.07.2009) by Criminal Justice (Amendment) Act 2009 (32\/2009), s. 5, commenced on enactment.<\/p>\n<p>Editorial Notes:<\/p>\n<p>E21<br \/>\nOffences under this section are deemed to be relevant offences for purposes of Part 3 of the Criminal Procedure Act 2010 (1.09.2010) by Criminal Procedure Act 2010 (27\/2010), s. 7 and sch., S.I. No. 414 of 2010.<\/p>\n<p>E22<br \/>\nOffences under this section are deemed to be scheduled offences for the purposes of Part V of the Offences Against the State Act 1939 (13\/1939) (23.07.2009) by Criminal Justice (Amendment) Act 2009 (32\/2009), s. 8, commenced on enactment.<\/p>\n<p>E23<br \/>\nPersons convicted of offences under this section may be the subject of monitoring and protection of persons orders (18.05.2007) under Criminal Justice Act 2007 (29\/2007), s. 26 and sch. 2, item 9(b), S.I. No. 236 of 2007.<\/p>\n<p>E24<br \/>\nPersons convicted of offences under this section may be subject to the imposition of minimum sentences (18.05.2007) under Criminal Justice Act 2007 (29\/2007), s. 25 and sch. 2, item 9(b), S.I. No. 236 of 2007.<\/p>\n<p>F14[<\/p>\n<h4>Provisions with respect to proof of criminal organisation\u2019s existence.<\/h4>\n<p>71B.\u2014 (1) In proceedings under this Part the opinion of\u2014<\/p>\n<p>(a) any member of the Garda S\u00edoch\u00e1na, or<\/p>\n<p>(b) any former member of the Garda S\u00edoch\u00e1na,<\/p>\n<p>who appears to the Court to possess the appropriate expertise (in this section referred to as the &#8220;appropriate expert&#8221;) shall, subject to section 74B, be admissible in evidence in relation to the issue as to the existence of a particular criminal organisation.<\/p>\n<p>(2) In subsection (1) &#8220;expertise&#8221; means experience, specialised knowledge or qualifications.<\/p>\n<p>(3) Without limiting the matters that can properly be taken into account, in the formation of such opinion, by the appropriate expert, it shall be permissible for that expert, in forming the opinion referred to in subsection (1), to take into account any previous convictions for arrestable offences of persons believed by that expert to be part of the organisation to which the opinion relates.<\/p>\n<p>(4) Without prejudice to subsection (1), in proceedings under this Part the following shall be admissible as evidence that a particular group constitutes a criminal organisation\u2014<\/p>\n<p>(a) any document or other record emanating or purporting to emanate from the group or created or purporting to be created by the defendant\u2014<\/p>\n<p>(i) from which the group\u2019s existence as a criminal organisation can be inferred;<\/p>\n<p>(ii) from which the commission or facilitation by the group of a serious offence or its engaging in any activity in relation thereto can be inferred; or<\/p>\n<p>(iii) that uses or makes reference to a name, word, symbol or other representation that identifies the group as a criminal organisation or from which name, word, symbol or other representation it can be inferred that it is such an organisation,<\/p>\n<p>(b) the provision by a group of 3 or more persons of a material benefit to the defendant (or a promise by such a group to provide a material benefit to the defendant), which provision or promise is not made in return for a lawful act performed or to be performed by the defendant.<\/p>\n<p>(5) In subsection (4) &#8220;document or other record&#8221; includes, in addition to a document or other record in writing\u2014<\/p>\n<p>(a) a disc, tape, sound-track or other device in which information, sounds or signals are embodied so as to be capable (with or without the aid of some other instrument) of being reproduced in legible or audible form,<\/p>\n<p>(b) a film, tape or other device in which visual images are embodied so as to be capable (with or without the aid of some other instrument) of being reproduced in visual form, and<\/p>\n<p>(c) a photograph.]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F14<br \/>\nInserted (23.07.2009) by Criminal Justice (Amendment) Act 2009 (32\/2009), s. 7, commenced on enactment.<\/p>\n<p>F15[<\/p>\n<h4>Offence to participate in, or contribute to, certain activities.<\/h4>\n<p>72.\u2014 (1) A person is guilty of an offence if, with knowledge of the existence of the organisation referred to in this subsection, the person participates in or contributes to any activity (whether constituting an offence or not)\u2014<\/p>\n<p>(a) intending either to\u2014<\/p>\n<p>(i) enhance the ability of a criminal organisation or any of its members to commit, or<\/p>\n<p>(ii) facilitate the commission by a criminal organisation or any of its members of,<\/p>\n<p>a serious offence, or<\/p>\n<p>(b) being reckless as to whether such participation or contribution could either\u2014<\/p>\n<p>(i) enhance the ability of a criminal organisation or any of its members to commit, or<\/p>\n<p>(ii) facilitate the commission by a criminal organisation or any of its members of,<\/p>\n<p>a serious offence.<\/p>\n<p>(2) A person guilty of an offence under this section shall be liable on conviction on indictment to a fine or imprisonment for a term not exceeding 15 years or both.<\/p>\n<p>(3) The reference in subsection (1) to the commission of a serious offence includes a reference to the doing of an act in a place outside the State that constitutes a serious offence under the law of that place and which act would, if done in the State, constitute a serious offence.<\/p>\n<p>(4) In proceedings for an offence under this section it shall not be necessary for the prosecution to prove\u2014<\/p>\n<p>(a) that the criminal organisation concerned or any of its members actually committed, as the case may be\u2014<\/p>\n<p>(i) a serious offence in the State, or<\/p>\n<p>(ii) a serious offence under the law of a place outside the State where the act constituting the offence would, if done in the State, constitute a serious offence,<\/p>\n<p>(b) that the participation or contribution of the defendant actually\u2014<\/p>\n<p>(i) enhanced the ability of the criminal organisation concerned or any of its members to commit, or<\/p>\n<p>(ii) facilitated the commission by it or any of its members of,<\/p>\n<p>a serious offence, or<\/p>\n<p>(c) knowledge on the part of the defendant of the specific nature of any offence referred to in subsection (1)(a) or (b).<\/p>\n<p>(5) In determining whether a person participates in or contributes to an activity referred to in subsection (1), the court may consider, inter alia, whether the person\u2014<\/p>\n<p>(a) uses a name, word, symbol or other representation that identifies, or is associated with, the criminal organisation concerned, or<\/p>\n<p>(b) receives any benefit from the criminal organisation concerned.<\/p>\n<p>(6) In proceedings for an offence under this section, it shall be presumed, until the contrary is shown, that the participation or contribution (the &#8220;relevant act&#8221;) of the defendant referred to in subsection (1) was engaged in or made with the state of mind on the defendant\u2019s part referred to in paragraph (a) or (b) of that subsection if the circumstances under which the relevant act was committed\u2014<\/p>\n<p>(a) involved either\u2014<\/p>\n<p>(i) the possession by the defendant, whilst in the presence of one or more other persons, of any article or item referred to in the Table to this section, or<\/p>\n<p>(ii) there being present in (or, in the case of a false registration plate referred to in paragraph 8 of that Table, present in or affixed to) any vehicle\u2014<\/p>\n<p>(I) the use of which appears connected with the relevant act, and<\/p>\n<p>(II) of which the defendant and one or more other persons were occupants on or about the date of commission of the relevant act,<\/p>\n<p>any such article or item,<\/p>\n<p>and<\/p>\n<p>(b) those circumstances are such as give rise to a reasonable suspicion that the defendant\u2019s state of mind was as aforesaid at the time of the relevant act\u2019s commission.<\/p>\n<h4>Table<\/h4>\n<p>1. Any balaclava, boiler suit or other means of disguise or impersonation, including any article of Garda uniform or any equipment supplied to a member of the Garda S\u00edoch\u00e1na or imitation thereof.<\/p>\n<p>2. Any firearm (within the meaning of section 1 of the Firearms Act 1925), ammunition for a firearm or device that appears to the ordinary observer so realistic as to make it indistinguishable from a firearm.<\/p>\n<p>3. Any knife to which section 9(1) of the Firearms and Offensive Weapons Act 1990 applies, weapon of offence within the meaning of section 10(2) of that Act or weapon to which section 12 of that Act applies.<\/p>\n<p>4. Any implement for burglary or other article or item for gaining access to any premises or other structure without the permission of the owner or occupier thereof, including any key or card that has been stolen or any access code unlawfully procured.<\/p>\n<p>5. Any plan of any premises or other structure unrelated to any lawful activity, trade or purpose being pursued or engaged in by one or more of the persons referred to in subsection (6)(a).<\/p>\n<p>6. Any controlled drug (within the meaning of the Misuse of Drugs Act 1977).<\/p>\n<p>7. Any substantial amounts, in cash, of any currency unrelated to any lawful activity, trade, transaction or purpose being pursued or engaged in by one or more of the persons referred to in subsection (6)(a).<\/p>\n<p>8. Any false vehicle registration plate, that is to say, any plate purporting to be a plate for a mechanically propelled vehicle registered under section 131 of the Finance Act 1992 and displaying an identification mark other than that duly assigned by the Revenue Commissioners under Chapter IV of Part II of that Act and regulations thereunder.<\/p>\n<p>9. Any article or item for making a counterfeit of any currency note or coin or making a counterfeit or otherwise for making a forgery of any credit or debit card.<\/p>\n<p>10. Any article or item for making copies of any work, being an article or item of a design enabling, and held in circumstances indicating that it would likely be used for, the making, on a substantial scale, of infringing copies (within the meaning of Part II of the Copyright and Related Rights Act 2000) of the work without the copyright owner\u2019s consent.<\/p>\n<p>11. Any other article or item prescribed for the purposes of subsection (6).]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F15<br \/>\nSubstituted (23.07.2009) by Criminal Law (Amendment) Act 2009 (32\/2009), s. 6, commenced on enactment.<\/p>\n<p>Editorial Notes:<\/p>\n<p>E25<br \/>\nOffences under this section are deemed to be scheduled offences for the purposes of Part V of the Offences Against the State Act 1939 (13\/1939) (23.07.2009) by Criminal Justice (Amendment) Act 2009 (32\/2009), s. 8, commenced on enactment.<\/p>\n<p>E26<br \/>\nPersons convicted of offences under this section may be the subject of monitoring and protection of persons orders (18.05.2007) under Criminal Justice Act 2007 (29\/2007), s. 26 and sch. 2, item 9(ba), S.I. No. 236 of 2007.<\/p>\n<p>E27<br \/>\nPersons convicted of offences under this section may be subject to the imposition of minimum sentences (18.05.2007) under Criminal Justice Act 2007 (29\/2007), s. 25 and sch. 2, item 9(ba), S.I. No. 236 of 2007.<\/p>\n<p>F16[<\/p>\n<h4>Offences under this Part: inferences that may be drawn.<\/h4>\n<p>72A.\u2014 (1) Where in any proceedings against a person F17[for an offence under this Part or the offence of conspiracy to murder under section 4 of the Act of 1861] evidence is given that the defendant at any time before he or she was charged with the offence, on being questioned by a member of the Garda S\u00edoch\u00e1na in relation to the offence, failed to answer any question material to the investigation of the offence, then the court in determining whether a charge should be dismissed under Part IA of the Criminal Procedure Act 1967 or whether there is a case to answer and the court (or subject to the judge\u2019s directions, the jury) in determining whether the defendant is guilty of the offence may draw such inferences from the failure as appear proper; and the failure may, on the basis of such inferences, be treated as, or as capable of amounting to, corroboration of any evidence in relation to the offence, but a person shall not be convicted of the offence solely or mainly on an inference drawn from such a failure.<\/p>\n<p>(2) Subsection (1) shall not have effect unless\u2014<\/p>\n<p>(a) the defendant was told in ordinary language when being questioned what the effect of such a failure might be, and<\/p>\n<p>(b) the defendant was afforded a reasonable opportunity to consult a solicitor before such a failure occurred.<\/p>\n<p>(3) Nothing in this section shall, in any proceedings\u2014<\/p>\n<p>(a) prejudice the admissibility in evidence of the silence or other reaction of the defendant in the face of anything said in his or her presence relating to the conduct in respect of which he or she is charged, in so far as evidence thereof would be admissible apart from this section, or<\/p>\n<p>(b) be taken to preclude the drawing of any inference from the silence or other reaction of the defendant which could be properly drawn apart from this section.<\/p>\n<p>(4) The court (or, subject to the judge\u2019s directions, the jury) shall, for the purposes of drawing an inference under this section, have regard to whenever, if appropriate, an answer to the question concerned was first given by the defendant.<\/p>\n<p>(5) This section shall not apply in relation to the questioning of a person by a member of the Garda S\u00edoch\u00e1na unless it is recorded by electronic or similar means or the person consents in writing to it not being so recorded.<\/p>\n<p>(6) References in subsection (1) to evidence shall, in relation to the hearing of an application under Part IA of the Criminal Procedure Act 1967 for the dismissal of a charge, be taken to include a statement of the evidence to be given by a witness at the trial.<\/p>\n<p>(7) In this section &#8220;any question material to the investigation of the offence&#8221; means:<\/p>\n<p>(a) a question requesting that the defendant give a full account of his or her movements, actions, activities or associations during any specified period relevant to the offence being investigated; and<\/p>\n<p>(b) whichever one, or more than one, of the following is relevant to the offence being investigated\u2014<\/p>\n<p>(i) a question relating to any statement or conduct of the type referred to in section 71A(3);<\/p>\n<p>(ii) a question relating to any benefit of the type referred to in section 71A(4)(b)(i) or 71B(4)(b) which the member of the Garda S\u00edoch\u00e1na concerned reasonably believes was received by the defendant or on his or her behalf;<\/p>\n<p>(iii) a question relating to articles, or documents or other records, of the type referred to in section 71A(4)(b)(ii) or (5)(a);<\/p>\n<p>(iv) a question relating to any document or other record of the type referred to in section 71B(4)(a)\u2014<\/p>\n<p>(I) created or purporting to be created by the defendant, or<\/p>\n<p>(II) found in the possession of the defendant on or about the time of his or her arrest or found on foot of a lawful search of any premises or vehicle occupied by the defendant;<\/p>\n<p>(v) a question relating to the suspected use by the defendant in a document of, or the suspected reference by him or her in a document to, a name, word, symbol or other representation of the type referred to in section 71B(4)(a)(iii);<\/p>\n<p>(vi) a question relating to\u2014<\/p>\n<p>(I) the possession by the defendant, or<\/p>\n<p>(II) the presence in a vehicle referred to in section 72(6)(a)(ii) and in the circumstances involving the defendant referred to in that provision,<\/p>\n<p>of any article or item referred to in the Table to section 72:<\/p>\n<p>provided that no question shall be regarded as being material to the investigation of the offence unless the member of the Garda S\u00edoch\u00e1na concerned reasonably believed that the question related to the participation of the defendant in the commission of the offence.<\/p>\n<p>(8) In this section references to a failure to answer include references to the giving of an answer that is false or misleading and references to the silence or other reaction of the defendant shall be construed accordingly.<\/p>\n<p>(9) This section shall not apply in relation to a failure to answer a question if the failure occurred before the commencement of section 9 of the Criminal Justice (Amendment) Act 2009.]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F16<br \/>\nInserted (23.07.2009) by Criminal Justice (Amendment) Act 2009 (32\/2009), s. 9, commenced on enactment.<\/p>\n<p>F17<br \/>\nSubstituted (1.11.2023) by Criminal Justice (Miscellaneous Provisions) Act 2023 (24\/2023), s. 4(c), S.I. No. 525 of 2023.<\/p>\n<p>F18<br \/>\nSubstituted by Criminal Justice Act 2011 (22\/2011), s. 11, not commenced as of date of revision.<\/p>\n<p>Modifications (not altering text):<\/p>\n<p>C6<br \/>\nProspective affecting provision: subs. 2(b) substituted by Criminal Justice Act 2011 (22\/2011), s. 11, not commenced as of date of revision.<\/p>\n<p>F18[(b) the accused was informed before such failure occurred that he or she had the right to consult a solicitor and, other than where he or she waived that right, the accused was afforded an opportunity to so consult before such failure occurred.]<\/p>\n<h4>Commission of offence for criminal organisation.<\/h4>\n<p>73.\u2014 (1) A person who commits a serious offence for the benefit of, at the direction of, or in association with, a criminal organisation is guilty of an offence.<\/p>\n<p>(2) In proceedings for an offence under subsection (1), it shall not be necessary for the prosecution to prove that the person concerned knew any of the persons who constitute the criminal organisation concerned.<\/p>\n<p>(3) A person guilty of an offence under this section shall be liable on conviction on indictment to a fine or imprisonment for a term not exceeding F19[15 years] or both.<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F19<br \/>\nSubstituted (23.07.2009) by Criminal Justice (Amendment) Act 2009 (32\/2009), s. 10, commenced on enactment.<\/p>\n<p>Editorial Notes:<\/p>\n<p>E28<br \/>\nOffences under this section are deemed to be scheduled offences for the purposes of Part V of the Offences Against the State Act 1939 (13\/1939) (23.07.2009) by Criminal Justice (Amendment) Act 2009 (32\/2009), s. 8, commenced on enactment.<\/p>\n<p>E29<br \/>\nPersons convicted of offences under this section may be the subject of monitoring and protection of persons orders (18.05.2007) under Criminal Justice Act 2007 (29\/2007), s. 26 and sch. 2, item 9(c), S.I. No. 236 of 2007.<\/p>\n<p>E30<br \/>\nPersons convicted of offences under this section may be subject to the imposition of minimum sentences (18.05.2007) under Criminal Justice Act 2007 (29\/2007), s. 25 and sch. 2, item 9(c), S.I. No. 236 of 2007.<\/p>\n<h4>Proceedings relating to offences committed outside State.<\/h4>\n<p>74.\u2014 F20[(1) A person who does any act in a place outside the State that would, if done in the State, be an offence under section 71A or 72 and either\u2014<\/p>\n<p>(a) the act in question is done on board an Irish ship or on an aircraft registered in the State, or<\/p>\n<p>(b) the person is\u2014<\/p>\n<p>(i) an individual who is an Irish citizen or ordinarily resident in the State, or<\/p>\n<p>(ii) a body corporate established under the law of the State or a company within the meaning of the Companies Acts,<\/p>\n<p>then the person is guilty of an offence and shall be liable to be proceeded against and punished as if he or she were guilty of an offence under section 71A or 72, as the case may be.]<\/p>\n<p>(2) Where a person is charged with an offence referred to in subsection (1), no further proceedings in the matter (other than any remand in custody or on bail) may be taken except by or with the consent of the Director of Public Prosecutions.<\/p>\n<p>F21[(2A) Proceedings for\u2014<\/p>\n<p>(a) an offence under section 71 in relation to an act committed outside the State, or<\/p>\n<p>(b) an offence under subsection (1),<\/p>\n<p>may be taken in any place in the State and the offence may for all incidental purposes be treated as having been committed in that place.]<\/p>\n<p>(3) The Director of Public Prosecutions may take, or consent to the taking of, further proceedings against a person for an offence in respect of an act to which subsection (1) of section 71 applies and that is committed outside the State in the circumstances referred to in subsection (3) of that section if satisfied\u2014<\/p>\n<p>(a) that\u2014<\/p>\n<p>(i) a request for a person\u2019s surrender for the purpose of trying him or her for an offence in respect of that act has been made under Part II of the Extradition Act 1965 by any country, and<\/p>\n<p>(ii) the request has been finally refused (whether as a result of a decision of the court or otherwise),<\/p>\n<p>or<\/p>\n<p>(b) that\u2014<\/p>\n<p>(i) a F22[relevant arrest warrant] has been received from an issuing state for the purpose of bringing proceedings against the person for an offence in respect of that act, and<\/p>\n<p>(ii) a final determination has been made that the F22[relevant arrest warrant] should not be endorsed for execution in the State under the European Arrest Warrant Act 2003 or that the person should not be surrendered to the issuing state concerned,<\/p>\n<p>or<\/p>\n<p>(c) that, because of the special circumstances (including, but not limited to, the likelihood of a refusal referred to in paragraph (a)(ii) or a determination referred to in paragraph (b)(ii)), it is expedient that proceedings be taken against the person for an offence under the law of the State in respect of the act.<\/p>\n<p>(4) In this section \u201cF22[relevant arrest warrant]\u201d and \u201cissuing state\u201d have the meanings they have in section 2(1) of the European Arrest Warrant Act 2003.<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F20<br \/>\nSubstituted (23.07.2009) by Criminal Justice (Amendment) Act 2009 (32\/2009), s. 11(a), commenced on enactment.<\/p>\n<p>F21<br \/>\nInserted (23.07.2009) by Criminal Justice (Amendment) Act 2009 (32\/2009), s. 11(b), commenced on enactment.<\/p>\n<p>F22<br \/>\nSubstituted (30.03.2021) by European Union (European Arrest Warrant Act 2003) (Amendment) Regulations 2021 (S.I. No. 150 of 2021), reg. 41(a), (b), in effect as per reg. 1(2).<\/p>\n<p>F23[<\/p>\n<h4>Aggravating factor: serious offence committed as part of, or in furtherance of, activities of criminal organisation.<\/h4>\n<p>74A.\u2014 (1) Where a court is determining the sentence to be imposed on a person for a serious offence, the fact that the offence was committed as part of, or in furtherance of, the activities of a criminal organisation shall be treated for the purpose of determining the sentence as an aggravating factor.<\/p>\n<p>(2) Accordingly, the court shall (except where the sentence for the serious offence is one of imprisonment for life or where the court considers that there are exceptional circumstances justifying its not doing so) impose a sentence that is greater than that which would have been imposed in the absence of such a factor.<\/p>\n<p>(3) The sentence imposed shall not be greater than the maximum sentence permissible for the serious offence.]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F23<br \/>\nInserted (23.07.2009) by Criminal Justice (Amendment) Act 2009 (32\/2009), s. 12, commenced on enactment.<\/p>\n<p>F24[<\/p>\n<h4>Exclusion of evidence in certain circumstances.<\/h4>\n<p>74B.\u2014 Nothing in this Part prevents a court, in proceedings thereunder, from excluding evidence that would otherwise be admissible if, in its opinion, the prejudicial effect of the evidence outweighs its probative value.]<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F24<br \/>\nInserted (23.07.2009) by Criminal Justice (Amendment) Act 2009 (32\/2009), s. 13, commenced on enactment.<\/p>\n<h4>Evidence in proceedings under this Part.<\/h4>\n<p>75.\u2014 (1) In any proceedings for an offence under section 71\u2014<\/p>\n<p>(a) a certificate that is signed by an officer of the Department of Foreign Affairs and states that\u2014<\/p>\n<p>(i) a passport was issued by that Department of State to a person on a specified date, and<\/p>\n<p>(ii) to the best of the officer\u2019s knowledge and belief, the person has not ceased to be an Irish citizen,<\/p>\n<p>is evidence that the person was an Irish citizen on the date on which the offence concerned is alleged to have been committed, unless the contrary is shown, and<\/p>\n<p>(b) a certificate that is signed by the Director of Public Prosecutions or by a person authorised by him or her and that states that any of the matters specified in paragraph (a), (b) or (c) of section 74(3) is evidence of the facts stated in the certificate, unless the contrary is shown.<\/p>\n<p>(2) A document purporting to be a certificate under subsection (1) is deemed, unless the contrary is shown\u2014<\/p>\n<p>(a) to be such a certificate,<\/p>\n<p>(b) to have been signed by the person purporting to have signed it, and<\/p>\n<p>(c) in the case of a certificate signed with the authority of the Minister for Foreign Affairs or the Director of Public Prosecutions, to have been signed in accordance with the authorisation.<\/p>\n<h4>Liability for offences by bodies corporate.<\/h4>\n<p>76.\u2014 (1) F25[Where an offence under this Part or the offence of conspiracy to murder under section 4 of the Act of 1861 is committed] by a body corporate and is proved to have been committed with the consent, connivance or approval of, or to have been attributable to any wilful neglect on the part of, any person, being a director, manager, secretary or any other officer of the body corporate or a person who was purporting to act in any such capacity, that person, as well as the body corporate, shall be guilty of an offence and shall be liable to be proceeded against and punished as if he or she were guilty of the first-mentioned offence.<\/p>\n<p>(2) Where the affairs of a body corporate are managed by its members, subsection (1) shall apply in relation to the acts and defaults of a member in connection with his or her functions of management as if he or she were a director or manager of the body corporate.<\/p>\n<p>Annotations<\/p>\n<p>Amendments:<\/p>\n<p>F25<br \/>\nSubstituted (1.11.2023) by Criminal Justice (Miscellaneous Provisions) Act 2023 (24\/2023), s. 4(d), S.I. No. 525 of 2023.<\/p>\n<p>Editorial Notes:<\/p>\n<p>E31<br \/>\nOffences under this section deemed to be scheduled offences for purposes of the Offences Against the State Act 1939 (13\/1939), Part V (23.07.2009) by Criminal Justice (Amendment) Act 2009 (32\/2009), s. 8, commenced on enactment.<\/p>\n<p>F26[<\/p>\n<h4>Double jeopardy.<\/h4>\n<p>77.\u2014 A person who is acquitted or convicted of an offence in a place outside the State shall not be proceeded against for an offence\u2014<\/p>\n<p>(a) under section 71 consisting of the act, or the conspiracy to do an act, that constituted the offence,<\/p>\n<p>(b) under section 72 consisting of the act that constituted the offence, or<\/p>\n<p>(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,<\/p>\n<p>of which the person was so acquitted or convicted.]<\/p>\n<p>Annotations:<\/p>\n<p>Amendments:<\/p>\n<p>F26<br \/>\nSubstituted (1.11.2023) by Criminal Justice (Miscellaneous Provisions) Act 2023 (24\/2023), s. 4(e), S.I. No. 525 of 2023.<\/p>\n<h4>Amendment of Act of 1967.<\/h4>\n<p>78.\u2014 The Act of 1967 is amended\u2014<\/p>\n<p>(a) in section 13(1), by the insertion of \u201cor an offence under section 71, 72 or 73 of the Criminal Justice Act 2006\u201d after \u201cthe offence of murder under section 6 or 11 of the Criminal Justice (Terrorist Offences) Act 2005 or an attempt to commit such offence\u201d, and<\/p>\n<p>(b) in section 29(1), by the insertion of the following paragraph after paragraph (k):<\/p>\n<p>\u201c(l) an offence under section 71, 72 or 73 of the Criminal Justice Act 2006.\u201d.<\/p>\n<p>Amendment of Schedule to Bail Act 1997.<\/p>\n<p>79.\u2014 The Schedule to the Bail Act 1997 is amended by the insertion of the following after paragraph 28:<\/p>\n<p>\u201cOrganised Crime.<\/p>\n<p>28A.\u2014 An offence under section 71, 72 or 73 of the Criminal Justice Act 2006.\u201d.<\/p>\n<p>Annotations<\/p>\n<p>Editorial Notes:<\/p>\n<p>E32<br \/>\nProspective affecting provision: para. 28A of schedule to Bail Act 1997 (16\/1997) as inserted by section subsequently extended to include offences under s. 176 (reckless endangerment of children), s. 183 (possession of article intended for use in connection with certain offences) and s. 183A (possession of monies intended for use in connection with certain offences) by Criminal Justice (Miscellaneous Provisions) Act 2009 (28\/2009), s. 48(c)(iii), not commenced as of date of revision.<\/p>\n<h2>CRIMINAL JUSTICE ACT 2007<\/h2>\n<p>Amendment of Act of 2006.<\/p>\n<p>46.\u2014 The Act of 2006 is amended by the substitution of the following sections for section 183:<\/p>\n<p>\u201c<\/p>\n<h4>Possession of article intended for use in connection with certain offences.<\/h4>\n<p>183.\u2014 (1) A person is guilty of an offence if he or she possesses or controls any article in circumstances giving rise to a reasonable inference that he or she possesses or controls it for a purpose connected with the commission, preparation, facilitation or instigation of\u2014<\/p>\n<p>(a) an offence under section 15 of the Non-Fatal Offences against the Person Act 1997,<\/p>\n<p>(b) a drug trafficking offence within the meaning of section 3(1) of the Criminal Justice Act 1994,<\/p>\n<p>(c) murder,<\/p>\n<p>(d) murder to which section 3 of the Criminal Justice Act 1990 applies, or<\/p>\n<p>(e) the common law offence of kidnapping to which section 2 of, and paragraph 4 of the Schedule to, the Criminal Law (Jurisdiction) Act 1976 applies.<\/p>\n<p>(2) It is a defence for a person charged with an offence under this section to prove that at the time of the alleged offence he or she did not possess or control the article concerned for a purpose specified in subsection (1).<\/p>\n<p>(3) Where a person is charged with an offence under this section, no further proceedings in the matter (other than any remand in custody or on bail) may be taken except by or with the consent of the Director of Public Prosecutions.<\/p>\n<p>(4) A person guilty of an offence under this section is liable on conviction on indictment to a fine or to imprisonment for a term not exceeding 5 years or both.<\/p>\n<p>(5) In this section\u2014<\/p>\n<p>\u2018article\u2019 means a substance, document or thing;<\/p>\n<p>\u2018document\u2019 includes\u2014<\/p>\n<p>(a) a map, plan, graph, drawing, photograph or record, or<\/p>\n<p>(b) a reproduction in permanent legible form, by a computer or other means (including enlarging), of information in non-legible form;<\/p>\n<p>\u2018information in non-legible form\u2019 includes information on microfilm, magnetic tape or disk.<\/p>\n<h4>Possession of monies intended for use in connection with certain offences.<\/h4>\n<p>183A.\u2014 (1) A person is guilty of an offence if he or she possesses or controls monies of a value of not less than \u20ac5,000 in circumstances giving rise to a reasonable inference that he or she possesses or controls the assets concerned for a purpose connected with the commission, preparation, facilitation or instigation of\u2014<\/p>\n<p>(a) an offence under section 14 of the Criminal Justice (Theft and Fraud Offences) Act 2001,<\/p>\n<p>(b) an offence under section 15 of the Non-Fatal Offences against the Person Act 1997,<\/p>\n<p>(c) a drug trafficking offence within the meaning of section 3(1) of the Criminal Justice Act 1994,<\/p>\n<p>(d) an offence under section 17 of the Criminal Justice (Public Order) Act 1994,<\/p>\n<p>(e) murder,<\/p>\n<p>(f) murder to which section 3 of the Criminal Justice Act 1990 applies, or<\/p>\n<p>(g) the common law offence of kidnapping to which section 2 of, and paragraph 4 of the Schedule to, the Criminal Law (Jurisdiction) Act 1976 applies.<\/p>\n<p>(2) It is a defence for a person charged with an offence under this section to prove that at the time of the alleged offence he or she did not possess or control the assets concerned for a purpose specified in subsection (1).<\/p>\n<p>(3) Where a person is charged with an offence under this section, no further proceedings in the matter (other than any remand in custody or on bail) may be taken except by or with the consent of the Director of Public Prosecutions.<\/p>\n<p>(4) A person guilty of an offence under this section is liable on conviction on indictment to a fine or to imprisonment for a term not exceeding 5 years or both.<\/p>\n<p>(5) In this section\u2014<\/p>\n<p>\u2018monies\u2019 means coins and notes in any currency, bank drafts, postal orders, certificates of deposit and any other similar instruments easily convertible into money.\u201d.<\/p>\n<h4>Amendment of section 15 of Criminal Justice (Theft and Fraud Offences) Act 2001.<\/h4>\n<p>47.\u2014 The Criminal Justice (Theft and Fraud Offences) Act 2001 is amended\u2014<\/p>\n<p>(a) in section 15\u2014<\/p>\n<p>(i) in subsection (1), by the insertion of the following paragraph after paragraph (a):<\/p>\n<p>\u201c(aa) robbery,\u201d,<\/p>\n<p>and<\/p>\n<p>(ii) by the substitution of the following subsection for subsection (2):<\/p>\n<p>\u201c(2) It is a defence for a person charged with an offence under this section to prove that at the time of the alleged offence the article concerned was not in his or her possession for a purpose specified in subsection (1).\u201d,<\/p>\n<p>and<\/p>\n<p>(b) in section 19(2), by the substitution of \u201c\u20ac5,000\u201d for \u201c\u00a31,500\u201d.<\/p>\n<!--themify_builder_content-->\n<div id=\"themify_builder_content-1675\" data-postid=\"1675\" class=\"themify_builder_content themify_builder_content-1675 themify_builder tf_clear\">\n    <\/div>\n<!--\/themify_builder_content-->\n","protected":false},"excerpt":{"rendered":"<p>Criminal Organisation The 2006 Criminal Justice Acts strengthened measures directed at organised crime.\u00a0 A criminal organisation means a structured group howsoever organised that has its main purpose or activity, the commission or facilitation of serious offences.\u00a0 A serious offence is one for which a person may be imprisoned for four ears or more. A structured [&hellip;]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_exactmetrics_skip_tracking":false,"_exactmetrics_sitenote_active":false,"_exactmetrics_sitenote_note":"","_exactmetrics_sitenote_category":0,"footnotes":""},"categories":[340],"tags":[],"_links":{"self":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/1675"}],"collection":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/comments?post=1675"}],"version-history":[{"count":6,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/1675\/revisions"}],"predecessor-version":[{"id":33772,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/1675\/revisions\/33772"}],"wp:attachment":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/media?parent=1675"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/categories?post=1675"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/tags?post=1675"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}