Criminal Justice Act 2006

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Application of this Part to persons convicted outside State.

95.—(1) If—

(a) a person has been convicted, in a place other than the State, of an offence,

(b) the act constituting the offence concerned would, if done in the State, constitute a drug trafficking offence (within the meaning of this Part) under the law of the State, and either—

(i) the person would, accordingly, be subject to the requirements of this Part by reason of subsection (1) or (2) of section 89 , or

(ii) at the commencement of this Part, the person, as a person who has been convicted of an offence mentioned in paragraph (a), is required, under the law of the first-mentioned place in that paragraph (however that requirement is described in that law), to notify to the police in that place information of a similar nature to that required to be notified by a person otherwise subject to the requirements of this Part,

and

(c) the person is, at the time of the conviction, or thereafter becomes, resident in the State,

he or she shall, before the end of the period specified in subsection (2), notify to the Garda Síochána—

(I) his or her name and, where he or she also uses one or more other names, each of those names,

(II) his or her home address, and

(III) the fact of his or her conviction for the offence referred to in paragraph (a).

(2) The period referred to in subsection (1) is the period of 7 days beginning with—

(a) in case the person is already resident in the State upon his or her so first returning and paragraph (c) does not apply, the date on which the person first returns to the State after being convicted of the offence concerned,

(b) in case the person is not so resident and paragraph (c) does not apply, the date on which the person first becomes resident in the State after being convicted of the offence concerned, or

(c) in case the date on which the person so first returns to, or becomes resident in, the State is prior to the commencement of this Part, the commencement of this Part.

(3) The Circuit Court, in the circuit where a person to whom subsection (1) applies ordinarily resides or has his or her most usual place of abode, on application to it in that behalf by a member of the Garda Síochána not below the rank of superintendent, may order that the person shall be subject to the requirements of this Part if it considers that the interests of the common good so require and that it is appropriate in all the circumstances of the case.

(4) An application under subsection (3) may be made within a period of—

(a) 2 months of the date of the notification under subsection (1), or

(b) if no such notification is given, 6 months of the date specified in paragraph (a), (b) or (c), as may be appropriate, of subsection (2),

or such longer period as the Circuit Court may permit.

(5) For the purposes of this section, a person shall be deemed to be resident in the State if he or she is ordinarily resident, or has his or her principal residence, in the State, or is in the State for a qualifying period.

(6) Where a person to whom this section applies is charged with an offence under section 94 , he or she shall, whether or not he or she would be treated for the purposes of section 94 as having a reasonable excuse apart from this subsection, be treated for those purposes as having a reasonable excuse if he or she believed that the act constituting the offence referred to in subsection (1) would not, if done in the State, constitute any drug trafficking offence (within the meaning of this Part) under the law of the State.

(7) For the purposes of subsection (6), it is immaterial whether a belief is justified or not if it is honestly held.

(8) Subsections (8) to (10) of section 92 shall apply to a notification under subsection (1) as they apply to a notification under that section.

(9) In this section—

“ police” means, in relation to the first-mentioned place in subsection (1), any police force in that place, or a member thereof, whether that force is organised at a national, regional or local level;

“ home address” and “qualifying period” have the same meanings as they have in section 92 .