Criminal Justice Act 2006
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Offence of conspiracy. |
71.—(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— | |
(a) in the State that constitutes a serious offence, or | ||
(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, | ||
is guilty of an offence irrespective of whether such act actually takes place or not. | ||
(2) Subsection (1) applies to a conspiracy committed outside the State if— | ||
(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, | ||
(b) the conspiracy is committed on board an Irish ship, | ||
(c) the conspiracy is committed on an aircraft registered in the State, or | ||
(d) the conspiracy is committed by an Irish citizen or a stateless person habitually resident in the State. | ||
(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). | ||
(4) A person charged with an offence under this section is liable to be indicted, tried and punished as a principal offender. | ||
(5) A stateless person who has his or her principal residence in the State for the 12 months immediately preceding the commission of a conspiracy is, for the purposes of subsection (2), considered to be habitually resident in the State on the date of the commission of the conspiracy. |