Criminal Justice (Smuggling of Persons) Act 2021

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Number 42 of 2021

CRIMINAL JUSTICE (SMUGGLING OF PERSONS) ACT 2021

CONTENTS

PART 1

Preliminary

Section

1. Short title and commencement

2. Interpretation

3. Repeals

4. Expenses

PART 2

Smuggling of persons

5. Interpretation (Part 2)

6. Assisting unlawful entry into, transit across or presence in State

7. Assisting unlawful entry into, transit across or presence in designated state

8. Provision etc. of fraudulent travel or identity document for purpose of assisting entry into, transit across, or presence in State or designated state

9. Offences under Part 2: further provisions

10. Penalties (Part 2)

PART 3

Enforcement measures against smuggling of persons

11. Interpretation (Part 3)

12. Exercise of enforcement powers in respect of ships

13. Protocol state powers and Irish ships

14. Enforcement powers in respect of ships

15. Power to detain vehicle

16. Forfeiture of ship, aircraft or other vehicle

PART 4

Miscellaneous matters

17. Proceedings related to offences committed outside State or on a ship

18. Evidence in proceedings under Act

19. Double jeopardy

20. Offences by bodies corporate, etc.

PART 5

Amendments to other enactments

21. Amendment of Criminal Law Act 1976

22. Amendment of Schedule to Bail Act 1997

23. Amendment of Road Transport Act 2011

24. Amendment of Road Safety Authority (Commercial Vehicle Roadworthiness) Act 2012

25. Amendment of Schedule to Taxi Regulation Act 2013

26. Amendment of European Communities (Communication of Passenger Data) Regulations 2011

27. Amendment of Schedule to European Union (Passenger Name Record Data) Regulations 2018

PART 6

Miscellaneous

28. Minister may declare state to be designated state

29. Specified provision

30. Transitional arrangements

Acts Referred to

Bail Act 1997 (No. 16)

Companies Act 2014 (No. 38)

Consumer Credit Act 1995 (No. 24)

Criminal Justice Act 1984 (No. 22)

Criminal Law Act 1976 (No. 32)

Criminal Law Act 1997 (No. 14)

Customs Act 2015 (No. 18)

European Arrest Warrant Act 2003 (No. 45)

European Communities Act 1972 (No. 27)

European Communities Act 2007 (No. 18)

Extradition Act 1965 (No. 17)

Firearms and Offensive Weapons Act 1990 (No. 12)

Illegal Immigrants (Trafficking) Act 2000 (No. 29)

Immigration Act 2004 (No. 1)

International Protection Act 2015 (No. 66)

Interpretation Act 2005 (No. 23)

Mercantile Marine Act 1955 (No. 29)

Road Safety Authority (Commercial Vehicle Roadworthiness) Act 2012 (No. 16)

Road Traffic (Amendment) Act 1984 (No. 16)

Road Traffic Act 1961 (No. 24)

Road Transport Act 2011 (No. 31)

Sea-Fisheries and Maritime Jurisdiction Act 2006 (No. 8)

Taxi Regulation Act 2013 (No. 37)

Number 42 of 2021

CRIMINAL JUSTICE (SMUGGLING OF PERSONS) ACT 2021

An Act to prevent and combat the smuggling of persons and, for those purposes, to facilitate cooperation with other states; to give effect to Council Directive 2002/90/EC of 28 November 2002¹ defining the facilitation of unauthorised entry, transit and residence; to give effect to Council Framework Decision 2002/946/JHA of 28 November 2002² on the strengthening of the penal framework to prevent the facilitation of unauthorised entry, transit and residence; to give effect, in part, to the Protocol against the Smuggling of Migrants by Land, Sea and Air, supplementing the United Nations Convention against Transnational Organised Crime, done at New York on 15 November 2000; to repeal certain provisions of the Illegal Immigrants (Trafficking) Act 2000 ; to amend certain other enactments; and to provide for related matters.

[15th December, 2021]

Be it enacted by the Oireachtas as follows:

¹ OJ No. L328, 05.12.2002, p. 17

² OJ No. L328, 05.12.2002, p. 1