Criminal Justice (Miscellaneous Provisions) Act 2023
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Amendment of Criminal Justice Act 2006 | ||
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4. The Criminal Justice Act 2006 is amended— | ||
(a) in section 70(1), by the insertion of the following definition: | ||
“‘Act of 1861’ means the Offences against the Person Act 1861 ;”, | ||
(b) in section 71— | ||
(i) by the substitution of the following subsection for subsection (4): | ||
“(4) A person charged with an offence under this section— | ||
(a) subject to paragraph (b), is liable to be indicted, tried and punished as a principal offender, or | ||
(b) where the offence, the subject of the conspiracy, is murder, is liable on conviction on indictment to imprisonment for life or a lesser term of imprisonment.”, | ||
and | ||
(ii) by the insertion of the following subsection after subsection (4): | ||
“(4A) This section shall not apply in respect of a conspiracy to commit murder to which section 4 of the Act of 1861 applies.”, | ||
(c) in section 72A(1), by the substitution of “for an offence under this Part or the offence of conspiracy to murder under section 4 of the Act of 1861” for “for an offence under this Part”, | ||
(d) in section 76(1), by the substitution of “Where an offence under this Part or the offence of conspiracy to murder under section 4 of the Act of 1861 is committed” for “Where an offence under this Part is committed”, and | ||
(e) by the substitution of the following section for section 77: | ||
“Double jeopardy | ||
77. A person who is acquitted or convicted of an offence in a place outside the State shall not be proceeded against for an offence— | ||
(a) under section 71 consisting of the act, or the conspiracy to do an act, that constituted the offence, | ||
(b) under section 72 consisting of the act that constituted the offence, or | ||
(c) of conspiracy to murder under section 4 of the Act of 1861 consisting of the act, or the conspiracy to do the act, that constituted the offence, | ||
of which the person was so acquitted or convicted.”. |