Criminal Justice Act, 1994
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Enforcement powers in respect of ships. |
35.—(1) The powers conferred on an enforcement officer by the First Schedule to this Act shall be exercisable in relation to any ship to which section 33 or 34 of this Act applies for the purpose of detecting and the taking of appropriate action in respect of the offences mentioned in those sections. | |
(2) The powers conferred by subsection (1) of this section shall not be exercised outside the landward limits of the territorial seas of the State in relation to a ship registered in a Convention state except with the authority of the Minister for Foreign Affairs and he shall not give his authority unless that state has in relation to that ship— | ||
(a) requested the assistance of the State for the purpose mentioned in subsection (1) of this section, or | ||
(b) authorised the State to act for that purpose. | ||
(3) In giving his authority pursuant to a request or authorisation from a Convention state, the Minister for Foreign Affairs shall impose such conditions or limitations on the exercise of the powers as may be necessary to give effect to any conditions or limitations imposed by that state. | ||
(4) The Minister for Foreign Affairs may, either of his own motion or in response to a request from a Convention state, authorise a Convention state to exercise, in relation to an Irish ship, powers corresponding to those conferred on enforcement officers by the First Schedule to this Act but subject to such conditions or limitations, if any, as he may impose. | ||
(5) Subsection (4) of this section shall be without prejudice to any agreement made, or which may be made, on behalf of the State whereby the State undertakes not to object to the exercise by any other state in relation to an Irish ship of powers corresponding to those conferred by the First Schedule to this Act. | ||
(6) The powers conferred by the First Schedule to this Act shall not be exercised in the territorial seas of any state other than the State without the authority of the Minister for Foreign Affairs and he shall not give his authority unless that state has consented to the exercise of those powers. |