Criminal Justice (Corruption Offences) Act 2018
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PART 5 Penalties and Enforcement | ||
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Penalties | ||
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17. (1) A person guilty of an offence under section 6 shall be liable— | ||
(a) on summary conviction, to— | ||
(i) a class A fine, | ||
(ii) imprisonment for a term not exceeding 12 months, | ||
(iii) the forfeiture of any gift, consideration or advantage accepted or obtained in connection with the offence or, in the alternative, the forfeiture of land, cash or other property of an equivalent value to such gift, consideration or advantage, or | ||
(iv) any combination of the penalties referred to in subparagraphs (i) to (iii), | ||
or | ||
(b) on conviction on indictment, to— | ||
(i) a fine, | ||
(ii) imprisonment for a term not exceeding 5 years, | ||
(iii) the forfeiture of any gift, consideration or advantage accepted or obtained in connection with the offence or, in the alternative, the forfeiture of land, cash or other property of an equivalent value to such gift, consideration or advantage, or | ||
(iv) any combination of the penalties referred to in subparagraphs (i) to (iii). | ||
(2) A body corporate guilty of an offence under section 18 (1) shall be liable, on summary conviction, to a class A fine and, on conviction on indictment, to a fine. | ||
(3) A person guilty of an offence under this Act, other than an offence under section 6 or 18 (1), shall be liable— | ||
(a) on summary conviction, to— | ||
(i) a class A fine, | ||
(ii) imprisonment for a term not exceeding 12 months, | ||
(iii) the forfeiture of any gift, consideration or advantage accepted or obtained in connection with the offence or, in the alternative, the forfeiture of land, cash or other property of an equivalent value to such gift, consideration or advantage, or | ||
(iv) any combination of the penalties referred to in subparagraphs (i) to (iii), | ||
or | ||
(b) on conviction on indictment, to— | ||
(i) a fine, | ||
(ii) imprisonment for a term not exceeding 10 years, | ||
(iii) the forfeiture of any gift, consideration or advantage accepted or obtained in connection with the offence or, in the alternative, the forfeiture of land, cash or other property of an equivalent value to such gift, consideration or advantage, or | ||
(iv) any combination of the penalties referred to in subparagraphs (i) to (iii). | ||
(4) (a) Paragraph (b) or (c) applies where a person is convicted on indictment of an offence under section 5 , 7 , 8 , 9 or 10 in relation to an office, position or employment as an Irish official held or occupied by that person at the time the offence was committed. | ||
(b) Subject to subsection (5), the court in imposing sentence on the person for the offence concerned may order the forfeiture of any office, position or employment as a relevant Irish official held or occupied by that person. | ||
(c) Subject to subsection (5), the court in imposing sentence on the person for the offence concerned may make an order prohibiting the person from seeking to hold or occupy any office, position or employment as an Irish official, other than an office as— | ||
(i) a member of Dáil Éireann, | ||
(ii) a member of Seanad Éireann, | ||
(iii) a member of the European Parliament who is such a member by virtue of the European Parliament Elections Act 1997 , or | ||
(iv) a member of a local authority, | ||
for a specified period not exceeding 10 years from the making of the order. | ||
(5) (a) The penalty provided for in paragraph (b) or (c) of subsection (4) may be imposed by a court on a person who is convicted on indictment of an offence under section 5 , 7 , 8 , 9 or 10 in the circumstances specified in paragraph (a) of that subsection where the court is satisfied that to do so is— | ||
(i) in the interests of justice, and | ||
(ii) in the interests of maintaining or restoring public confidence in the public administration of the State. | ||
(b) The penalty provided for in paragraph (b) or (c) of subsection (4) may be imposed by a court on a person who is convicted on indictment of an offence under section 5 , 7 , 8 , 9 or 10 — | ||
(i) in addition to the penalties provided for in subsection (3), and | ||
(ii) in addition to, or instead of, any other penalty under subsection (4). | ||
(6) An order under subsection (4)(b) for the forfeiture of any office, position or employment as a relevant Irish official held or occupied by a person shall take effect upon— | ||
(a) in case no appeal is taken by the person against the conviction or sentence for the offence concerned, the expiration of the time limit for taking the appeal, | ||
(b) in case an appeal taken by the person against the conviction or sentence for the offence concerned is withdrawn or abandoned, the withdrawal or abandonment of the appeal, or | ||
(c) in case an appeal is taken by the person against the conviction or sentence for the offence concerned and the appeal is disallowed or the order is confirmed on appeal, the determination of the appeal. | ||
(7) The registrar of the court which makes, or on appeal confirms, an order under subsection (4)(b) for the forfeiture of any office, position or employment as a relevant Irish official held or occupied by a person shall notify the relevant person of the taking effect under subsection (6) of the order as soon as practicable thereafter. | ||
(8) Nothing in this section shall affect the operation of a provision in any other enactment providing for the disqualification of a person for, or the removal or dismissal of a person from, holding or occupying an office, position or employment as an Irish official. | ||
(9) In this section— | ||
“relevant Irish official” means an Irish official other than— | ||
(a) the Attorney General, | ||
(b) the Comptroller and Auditor General, | ||
(c) a judge of a court in the State, | ||
(d) an officer of the Defence Forces within the meaning of the Defence Act 1954 , | ||
(e) the Ombudsman for the Defence Forces, | ||
(f) the Judge Advocate-General appointed under section 15 of the Defence Act 1954 , | ||
(g) a member of the Garda Síochána Ombudsman Commission, | ||
(h) a member of the Policing Authority, | ||
(i) the chairperson of the Standards in Public Office Commission, | ||
(j) an ordinary member of the Standards in Public Office Commission appointed under section 21 (2)(b)(v) of the Ethics in Public Office Act 1995 , | ||
(k) the Ombudsman, | ||
(l) the Complaints Referee, | ||
(m) the Information Commissioner, | ||
(n) an Coimisinéir Teanga, | ||
(o) the Ombudsman for Children, | ||
(p) a member of the Broadcasting Authority of Ireland, | ||
(q) a member of the Contract Awards Committee of the Broadcasting Authority of Ireland, | ||
(r) a member of the Compliance Committee of the Broadcasting Authority of Ireland, | ||
(s) a member of the Board of Raidió Teilifís Éireann, | ||
(t) a member of the Board of Teilifís na Gaeilge, and | ||
(u) a member of the Irish Human Rights and Equality Commission; | ||
“relevant person”, in relation to a relevant Irish official in respect of whom an order under subsection (4)(b) takes effect, means— | ||
(a) in the case of a member of Dáil Éireann, the Chairman of Dáil Éireann, | ||
(b) in the case of a member of Seanad Éireann, the Chairman of Seanad Éireann, | ||
(c) in the case of a member of the European Parliament who is such a member by virtue of the European Parliament Elections Act 1997 , the Clerk of Dáil Éireann, | ||
(d) in the case of a member of a local authority, the meetings administrator within the meaning of the Local Government Act 2001 of the local authority, and | ||
(e) in the case of any other relevant Irish official, the person who has functions regarding the appointment to, disqualification for and the dismissal or removal from holding or occupying an office, position or employment, as the case may be, as a relevant Irish official in the case of that relevant Irish official. |