Foreign Smuggling Vessels, in which there shall be One or more Subjects of His Majesty, found within certain Leagues of the Coast, having on board Spirits in Casks of less Content than 60 Gallons (Exception); or Tea, or Tobacco, exceeding a certain Quantity; forfeited with Cargo; and such Subjects liable to Prosecution, &c.

‘Whereas by the Laws now in force certain Vessels and Boats, belonging in the whole or in part to His Majesty’s Subjects, or whereof One Half of the Persons on board are Subjects of His Majesty, if found or discovered to have been within certain Distances of the Coasts of Great Britain and Ireland, having on board Foreign Spirits, Tea, Tobacco or Snuff, are liable to Forfeiture, and every Person on board, being a Subject of His Majesty, is liable to be arrested and taken before a Justice of the Peace, and not proving to be a Passenger, to be fined or impressed into His Majesty’s Naval Service: And Whereas the Intention of those Laws are defeated by Foreign Vessels and Boats having on board His Majesty’s Subjects, although not amounting to Half, and also by some of such Subjects pretending to be Passengers:’ Be it therefore enacted by The King’s Most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, That if any Foreign Smuggling Vessel or Boat, in which there shall be One or more Subjects of His Majesty, whether Mariners or Persons pretending to be Passengers, shall be found or discovered to have been within Four Leagues of that Part of the Coast of Great Britain which is between the North Foreland on the Coast of Kent, and Beachy Head on the Coast of Sussex, or within Eight Leagues of any other Part of the Coast of Great Britain or Ireland, having on board any Foreign Brandy, Rum, Geneva or other Spirits, in any Cask or Package of less Size or Content than Sixty Gallons (except only for the Use of the Seamen belonging to and on board such Vessel or Boat, not exceeding two Gallons for each Seaman); or any Tea exceeding Six Pounds in the whole; or any Tobacco or Snuff, in any Cask or Package whatever containing less than Four hundred and fifty Pounds Weight, except loose Tobacco for the Use of the Seamen on board such Vessel or Boat, not exceeding Five Pounds Weight of Tobacco for each Seaman, and except such Tea or manufactured Tobacco or Snuff as shall have been duly shipped for Exportation as Merchandise on board such Vessel or Boat from some Port or Place in Ireland; such Vessel or Boat, together with all the Goods laden therein, shall be forfeited, and shall and may be seized, prosecuted and dealt with as by the Laws now in force for the Prevention of Smuggling; and every such Subject of His Majesty, who shall be found on board such Vessel or Boat, shall be liable to all the Pains and Penalties, and shall and may be detained, prosecuted, convicted or delivered over to His Majesty’s Navy, in like manner as Persons being Subjects of His Majesty, and found on board Vessels or Boats liable to Forfeiture, belonging wholly or in part to His Majesty’s Subjects, or whereof One Half of the Persons on board are Subjects of His Majesty, may, by any Law or Laws now in force, be detained, prosecuted, convicted or delivered over to His Majesty’s Navy; and the Officer or Officers detaining such Person shall be allowed the like Reward, and Part or Share of any Penalty that may be recovered from any such Person, as is now by Law allowed and paid for the Detention of Persons in similar Cases.

How the Leagues shall be measured.                                                                                II. Provided always, and be it further enacted, That such Distance of Eight Leagues in this Act mentioned may and shall be measured in any Direction between the Southward and Eaftward of Beachy Head, and the Provisions of this Act shall extend to such Limits and Distance of Eight Leagues in every Direction from Beachy Head, although any Part of such Limits so extended may exceed the Distance of Four Leagues before mentioned from any Part of the Coast of Great Britain to the Eastward of Beachy Head aforesaid.

Persons arrested under this or former Acts, and found not fit for the Navy, Penalty loci.                                                                                III. ‘And Whereas by an Act passed in the Fifty seventh Year of the Reign of His present Majesty, intituled An Act to amend Two Acts passed in the Forty Fifth Year of His present Majesty and in the last Session of Parliament, for the making more effectual Provision for the Prevention of Smuggling, it is amongst other things enacted, that in all Cases where any Person liable to be arrested under any of the Acts made for the Prevention of Smuggling shall be fit and able to serve His Majesty in His Naval Service, and liable under the said Acts or any of them to be impressed into such Service, every such Person so arrested shall be taken before such Justice or Justices as aforesaid, and shall upon such Proof as by the said Act of the Forty fifth Year aforesaid or any other Act is required, be committed by such Justice or Justices to Prison, to answer such Information and abide such Judgment as may be thereon given against him in that behalf; and that it shall and may be lawful for the Gaoler or Keeper of any Prison or House of Correction in which such Person shall be so imprisoned, or for any Officer of Customs or Excise, on the Order of the Commissioners of Customs or Excise respectively directing the Prosecution, to such Gaoler or Keeper and Officer respectively, to carry and convey or cause to be carried or conveyed any such Person on board of any of His Majesty’s Ships of War, in order to his being impressed into His Majesty’s Naval Service: And Whereas it has been in many Instances found that Persons so carried and conveyed on board a Ship of War have, on their Examination by the proper Naval Officer, been deemed unfit for His Majesty’s Naval Service;’ Be it therefore enacted, That from and after the passing of this Act, when any Person so committed as aforesaid and taken on board a Ship of War shall be found not fit or able to serve His Majesty in His Naval Service, and shall be refused by any proper Naval Officer to be received into such Naval Service, every such Person shall forfeit and lose the Sum of One hundred Pounds; and the Gaoler, Keeper or other Officer who so carried and conveyed the said Person on board the said Ship of War, shall reconvey the said Person before the said Justice or Justices of the Peace who had previously, on Proof as required by Law, committed the said Person to Prison, and the said Justice or Justices is and are hereby authorised and required, to convict the said Person in the said Penalty of One hundred Pounds; and every such Person so convicted as aforesaid shall immediately on such Conviction pay down into the Hands of the said Officer who detained the said Person, or into the Hands of the Justice or Justices, to be applied according to Law, the said Penalty in which he shall be so convicted; and if any such Person so convicted shall not forthwith pay down the said Penalty, the said Justice or Justices shall and he and they is and are hereby respectively authorised and required, by Warrant under his or their Hand and Seal, to commit the Person so convicted as aforesaid to any Gaol or Prison or House of Correction, until such Penalty shall be paid.

57 G. 3. c. 87.
§ 6.
If not paid, imprisoned.
Persons found or having been on board of Vessels liable to Forfeiture, wearing Disguise shall, on Conviction, be transported.                                                                                IV. ‘And Whereas by an Act passed in the Eighth Year of the Reign of His Majesty King George the First, intituled An Act to prevent the clandestine removing of Goods, and the Danger of Infection thereby; and to prevent Ships breaking their Quarantine; and to subject Copper Ore of the Production of the British Plantations to such Regulations as other enumerated Commodities of the like Production are subject, certain Provisions are made against Persons found passing with Foreign Goods, landed without Payment of Duties, in their Custody, from any of the Coasts of this Kingdom, or within the Space of Twenty Miles of any of the said Coasts, wearing any Vizard, Mask or other Disguise: And Whereas it is expedient to extend the like Provisions with respect to any Person or Persons so disguised and found or discovered on board certain Vessels found within the British or Irish Channels, or elsewhere within certain Distances of the Coast of this Kingdom;’ Be it therefore enacted, That if any Person or Persons, being His Majesty’s Subject or Subjects, shall be found or taken on board, or discovered to have been on board any Ship, Vessel or Boat liable to Forfeiture under any of the Provisions of any Act or Acts of Parliament, for being found or having been at anchor or hovering within any such Distances of any of the Dominions of His Majesty, with such Goods on board as subject such Ship, Vessel or Boat, or Goods, to Forfeiture, wearing any Vizard, Mask or other Disguise, such Person or Persons shall be adjudged guilty of Felony, and shall on Conviction for such his, her or their Offence, be transported as a Felon for the Space of Seven Years; and if any such Offender shall return into Great Britain or Ireland before the Expiration of the said Seven Years, he, she or they so returning shall suffer as a Felon, and have Execution awarded against him, her or them, as Persons attainted of Felony without Benefit of Clergy.

8 G. 1. c. 18.
§ 6.
In what Case a Reward not exceeding 25l. to Informers against Persons convicted of making Signals for Smuggling Vessels.                                                                                V. ‘And Whereas by an Act passed in the Forty seventh Year of the Reign of His present Majesty, intituled An Act to make more effectual Provision for the Prevention of Smuggling, it is enacted, that any Person or Persons making, or aiding or assisting in the making, or being present for the purpose of aiding or assisting in the making any Light, Fire, Flash or Blaze, or Signal, in or on board any Vessel or Boat, or on or from any Part of the Coast or Shores of Great Britain, or within Six Miles of such Coast or Shores, for the purpose of making or giving any Signal to any Person or Persons on board any Smuggling Vessel or Boat, and being duly convicted thereof, shall by Order of the Court before whom such Person or Persons shall be convicted, either forfeit and pay the Penalty of One hundred Pounds, or at the Discretion of such Court be sentenced to or committed to the Common Gaol or House of Correction, there to be kept to hard Labour for any Term not exceeding One Year: And Whereas it is expedient to encourage the Apprehension of such Offenders;’ Be it enacted, That in every such Case where any Offender or Offenders shall be so convicted of such Offence as aforesaid, and shall, in lieu of paying any such Penalty, be sentenced to or committed to the Common Gaol or House of Correction, it shall be lawful for the Commissioners of the Customs and Excise respectively to order and direct any Sum not exceeding Twenty five Pounds to be paid out of any Monies in the Hands of the Receiver General of the Customs and Excise respectively, to any Person or Persons who shall have informed against, discovered or prosecuted any such Offender as aforesaid.

47 G. 3. Sess. 2. c. 66. § 34.
Provisions, &c. of recited Act extended to (Exception) Vessels coming from Brest having on board Spirits, &c. exceeding a certain Quantity.                                                                         VI. ‘And Whereas by an Act passed in the Fifty seventh Year of His present Majesty’s Reign, intituled An Act to reduce the Allowance of Spirits, Tea and Tobacco, for the Use of Seamen on board certain Ships or Vessels making short Voyages, certain Provisions and Forfeitures are made respecting Ships or Vessels (not being square rigged) coming from any Place between the Port of Brest on the Coast of France, and certain other Places therein mentioned, which shall arrive in any of the Ports of that Part of the United Kingdom called Great Britain, or be found at anchor or hovering within the Limits or Distances therein mentioned, having on board Spirituous Liquors, Tea or Tobacco, exceeding certain Allowances therein mentioned, but no Regulation is made respecting Ships or Vessels which may come from the said Port of Brest on the Coast of France;’ Be it therefore enacted, That all the Provisions and Forfeitures of the said recited Act shall extend to all Ships or Vessels (not being square rigged) coming from the said Port of Brest, which shall arrive in any of the Ports of that Part of the United Kingdom called Great Britain, or be found at anchor or hovering within the Limits or Distances therein mentioned, having on board for the Use of the Seamen then belonging to and on board such Ship or Vessel, any Brandy or other Spirituous Liquors exceeding One Gallon for each Seaman, or having on board any Tea exceeding Four Pounds Weight in the Whole, or having on board any Tobacco (excepting loose Tobacco, not exceeding Two Pounds Weight for each Seaman), as fully and effectually to all Intents and Purposes as if the said Act, and all the Clauses, Provisions, Powers, Authorities, Forfeitures, Matters and Things relating thereto, were particularly and expressly repeated and re-enacted in the Body of this present Act.

57 G. 3. c.33.
§ 2.
Where Charges of Prosecution in Seizures of Carriages and Horses exceed Produce of Sale thereof, Excess may be paid out of Sale of Goods.                                                                           VII. ‘And Whereas the Charges of prosecuting and condemning Carts and other Carriages, and Horses and other Cattle, seized for Offences against the Laws for Protection of the Revenue of Customs or Excise, in certain Instances exceed the Produce arising from the Sale of such Seizures; and it is expedient, in Cases where Goods also shall or may be seized therewith, that the Excess of such Charges should be defrayed out of the Produce arising from the Sale of the Goods on account of which such Carts and other Carriages, and Horses and other Cattle, have been so seized;’ Be it therefore enacted, That in all Cases wherein the Charges of prosecuting and condemning Carts and other Carriages, and Horses and other Cattle, seized for Offences against the Laws for Protection of the Revenue of Customs or Excise, shall exceed the Produce arising from the Sale thereof, it shall and may be lawful for the Commissioners of His Majesty’s Customs in England, or any Four or more of them, and also for the Commissioners of His Majesty’s Customs in Scotland, or any Three or more of them respectively, if they shall think proper, to order such Part of the Expences arising either from the Seizure, Custody, Removal, Detention, Prosecution or Condemnation of any such Cart or other Carriage, Horse or other Cattle, as shall exceed the Produce arising from the Sale of such Seizure, to be defrayed out of the Produce arising from the Sale of the Goods on account of which they shall have been so seized: Provided always nevertheless, that this Act shall not extend to any Case wherein the Officers of the Customs shall, by any Law now in force or hereafter to be made, be entitled to a gross Share of the Goods seized by him.

Proviso for Officers entitled to gross Share of Goods seized.

Boats with double Bottoms or double Sides found within certain Distances, forfeited.                                                                                VIII. ‘And Whereas a Practice has prevailed of building Boats with double Bottoms or double Sides, whereby customable or prohibited Goods may be concealed and run into this Country; and in order to prevent such illicit Practices being carried into execution, it is expedient that such Boats, if found within certain Distances, should be forfeited;’ Be it therefore enacted, That if any Boat whatever, having a double Bottom or double Side or Sides, shall be found within the Limits of any of the Ports of this Kingdom, or shall be discovered to have been within the said Limits; or if any Boat, having a double Bottom or double Side or Sides, belonging wholly or in part to His Majesty’s Subjects, or whereof One Half of the Persons on board shall be Subjects of His Majesty, shall be found in any Part of the British or Irish Channels, or elsewhere on the High Seas, within One hundred Leagues of any Part of the Coasts of Great Britain or Ireland, or shall be discovered to have been within the said Limits; every such Boat, together with all her Materials, shall be forfeited, and shall and may be seized by any Officer or Officers of His Majesty’s Navy or Marines, or of the Customs or Excise.

Goods found concealed on board any Vessel, either before or after the Master makes his Report, forfeited.                                                                                IX. ‘And Whereas in Ships from Foreign Parts Goods have been found concealed in false Bulk Heads, between the Linings, and false Knees, or in concealed Lockers, or in the Ballast or false Package, and other Places, which the Officers of the Customs cannot easily find out or discover, in order to their being landed without Payment of Duties, and such Goods are not by any Law liable to Forfeiture if discovered previous to the Master making his Report at the Custom House;’ For Remedy whereof be it enacted, That all Goods which shall be found concealed as aforesaid, or concealed in any other Place on board any Ship or Vessel at any time, either before or after the Master thereof shall have made his Report at the Custom House, shall be forfeited and lost, and shall and may be seized and prosecuted by any Officer or Officers of the Customs.

Vessels found within certain Limits, having Goods concealed liable to Duty or prohibited, such Goods and Vessels forfeited.                                                                                X. And be it further enacted, That if any Ship or Vessel (not being square rigged), or any Boat, shall arrive in any of the Ports of that Part of the United Kingdom called Great Britain, or shall be found at anchor or hovering within the Limits of any of the Ports thereof, or within Four Leagues of that Part of the Coast thereof which is between the North Foreland on the Coast of Kent, and Beachy Head on the Coast of Sussex, or within Eight Leagues of any other Part of the Coast of that Part of the United Kingdom called Great Britain, or shall have been discovered to have been within the said Limits or Distances, and not proceeding on her Voyage, Wind and Weather permitting, unless in case of unavoidable Necessity and Distress of Weather, of which Necessity and Distress the Master or other Person having or taking the Charge or Command of such Ship, Vessel or Boat, shall give Notice and make proof before the Collector or other Chief Officer of the Customs of any Port within the Limits of which such Ship, Vessel or Boat shall be found, immediately after the Arrival of such Ship, Vessel or Boat within the Limits of such Port, having on board any Goods liable to the Payment of Customs or other Duties, or any Goods prohibited to be imported into this Kingdom, concealed between false Bulk Heads, real or false Linings, or in any Concealment in the Construction and Fitment of the Vessel, obviously for the purpose of Concealment, in any Part of such Ship, Vessel or Boat, or in or amongst any Package of other Goods on board such Ship, Vessel or Boat, then not only the said Goods so concealed shall be forfeited, but also the Ship or Vessel (not being square rigged) or Boat, on board which they shall be found as aforesaid, with all her Guns, Furniture, Ammunition, Tackle and Apparel, shall be forfeited, and shall and may be seized by any Officer or Officers of His Majesty’s Army, Navy or Marines, or of the Customs or Excise.

Proviso for Stress of Weather, &c.
Commissioners of Customs in England may grant their Deputation to Persons in the British Colonies in America and the West Indies, authorising them to make Seizures when Goods and Vessels are liable to Seizures.  XI. ‘And Whereas it is expedient, for the more effectual Execution of the Laws now in force, or hereafter to be made, for the Benefit of Shipping and Navigation, and of His Majesty’s Revenue of Customs, and for the Suppression of Smuggling in the Colonies or Plantations in America or the West Indies, which now are or hereafter may be under the Dominion of His Majesty, His Heirs and Successors, that the Commissioners of His Majesty’s Customs in that Part of the United Kingdom called England, should be empowered to grant their Deputations to any Person or Persons they may think fit, in the said Colonies or Plantations (although such Person or Persons may not hold or be appointed to any specific Office under the said Revenues), authorising him or them to make Seizures of any Ship, Vessel, Boat, Carriage, Horses, or other Cattle or Goods which may be subject to Forfeiture under any Law or Laws relating to the Shipping and Navigation of this Kingdom, or the said Colonies or Plantations, or to the Revenue of Customs, now in force, or hereafter to be made, in like manner as if such Person or Persons held or had been appointed to a specific Office or Offices under the said Revenue;’ Be it therefore enacted, That it shall be lawful for the Commissioners of His Majesty’s Customs in that Part of the United Kingdom called England, or any Three or more of them, to grant their Deputation to any Person or Persons they may think fit, in the Colonies or Plantations in America or the West Indies, which now are or hereafter may be under the Dominion of His Majesty, His Heirs and Successors (although such Person or Persons may not hold or be appointed to any specific Office or Offices under the said Revenue), authorising him or them to make Seizures of any Ship, Vessel, Boat, Carriage, Horses or other Cattle or Goods which may be subject to Forfeiture under any Law or Laws relating to the Shipping and Navigation of this Kingdom, or the said Colonies or Plantations, or to the Revenue of Customs, now in force or hereafter to be made (although such Person or Persons shall not hold or be appointed to any Office or Offices of the Customs at any specific Port or Place), and such Person or Persons so deputed shall and may make Seizures in like manner as any Officer or Officers of the Customs, and such Person or Persons so deputed shall be subject to the like Penalties as Officers of the Customs; and all Seizures made by such Persons so deputed, shall be sued for, prosecuted and recovered by the like Means, Ways and Methods, and shall and may be disposed of, and the Proceeds distributed in like manner, as any Seizure made by Officers of the Customs in His Majesty’s Colonies or Plantations in America or the West Indies, may by any Law now in force or hereafter to be made be sued for, prosecuted, recovered and applied.

Such Seizures to be prosecuted as if made by Officers of the Customs.

Owners of square rigged Vessels, Value 1,000l. and upwards requiring a Licence, to give Security in 3,000l.                                                                                XII. ‘And Whereas by an Act passed in the Fifty sixth Year of His present Majesty’s Reign, intituled An Act for the making more effectual Provision for the Prevention of Smuggling, and rewarding Officers and Persons making Seizures and capturing Smuggling Vessels; for licensing Luggers employed in the North Sea Fisbery, and obliging Exporters of Exciseable Goods on Drawback to give Notice of Shipment; it is enacted, that Security shall be given by the Owner or Owners of every Ship, Vessel or Boat for which a Licence shall be required, in Treble the Value thereof, instead of Double the Value, such Security to be given under the same Conditions, Rules, Regulations, Restrictions and Forfeitures, as provided and enacted by the Laws in force on and immediately before the passing of the said Act, as far as the same are applicable thereto: And Whereas it is expedient to make Alteration as to the Amount of Security to be given for Ships or Vessels which shall be square rigged, and the Value of which shall amount to One thousand Pounds and upwards;’ Be it therefore enacted, That in respect of every Ship or Vessel (being square rigged) and of the Value of One thousand Pounds and upwards, for which a Licence shall be required, the Owner or Owners shall give Security in the Sum of Three thousand Pounds, and not in any greater Sum; any thing in the said recited Act or any other Act to the contrary notwithstanding, but subject nevertheless to the same Conditions, Rules, Regulations, Restrictions and Forfeitures, as are provided and required by the Laws now in force, as far as the same are applicable thereto.

56 G. 3. c. 104.
§ 23.
Where it appears that Officer has acted collusively, &c. in making Seizures, &c. Treasury may direct his Share to be forfeited.                                                                                XIII. ‘And Whereas by virtue of the said recited Act of the Fifty sixth Year of the Reign of His present Majesty, certain Proportions of the Value of Goods and Merchandise seized as forfeited under any Law or Laws for the Protection of the Revenue are directed to be paid to the Officer or Officers as a Reward for seizing the same: And Whereas it is expedient to vest in the Lords Commissioners of His Majesty’s Treasury, or any Three or more of them, the Power of withholding such Reward, upon Proof to their Satisfaction that such Officer or Officers shall have acted collusively or negligently in any such Seizure;’ Be it therefore enacted, That upon Proof being made to the Satisfaction of the said Lords Commissioners of His Majesty’s Treasury, or any Three or more of them, that any such Officer or Officers shall have acted collusively or negligently, either in the making such Seizure, or in the Omission or Failure to make such Seizure, it shall be lawful for them to direct that the whole or any part of the Officer or Officers Proportion of such Seizure shall be forfeited, and go and be applied in the same manner as His Majesty’s Share of Seizures is by Law directed to be applied.

56 G. 3. c. 104. § 10.
Boats with more than Four Oars, found within certain Limits, forfeited.                                                                                XIV. ‘And Whereas by an Act passed in the Eighth Year of the Reign of His Majesty King George the First, intituled An Act to prevent the clandestine Running of Goods, and the Danger of Infection thereby; and to prevent Ships breaking their Quarantine; and to subject Copper Ore of the Production of British Plantations to such Regulations as other enumerated Commodities of the like Production are subject; all Boats, Wherries, Pinnaces, Barges and Gallies, rowing or made or built to row, with more than Four Oars, found within certain Counties and Ports therein particularly mentioned, are forfeited, and the Owner or Owners, or Persons using the same, are liable to the Penalty of Forty Pounds; which Penalty, by a subsequent Act, passed in the Fifty seventh Year of His present Majesty’s Reign, is increased to One hundred Pounds: And Whereas it is found expedient to extend the Provisions of the said Acts to other Places than those mentioned in the said first recited Act;’ Be it therefore enacted, That if any Boat, Wherry, Pinnace, Barge or Galley, however owned, rowing or made or built to row, with more than Four Oars, shall be found either upon the Land or the Water, within the Limits of any of the Ports of that Part of the United Kingdom called Great Britain, or the Members or Creeks to them or either of them respectively belonging, such Boat, Wherry, Pinnace, Barge or Galley, with all her Tackle and Furniture, or the Value thereof, shall be forfeited, and shall and may be seized by any Officer or Officers of the Customs; and the Owner or Owners, and every Person using or rowing in such Boat, Wherry, Pinnace, Barge or Galley, shall also forfeit and lose the Sum of One hundred Pounds: Provided always, that this Act shall not extend or be construed to extend to any Boat, Wherry, Pinnace, Barge or Galley belonging to His Majesty or any of the Royal Family, or to any Boat, Wherry, Pinnace, Barge or Galley belonging to and used in the Service of any Merchant Ship or Vessel, or belonging to any Ship or Vessel in the Service of His Majesty’s Navy, Victualling, Ordnance, Customs, Excise or Post Office, nor to any Boat, Wherry, Pinnace, Barge or Galley whatsoever, the Owner of which shall have a Licence from the Commissioners of His Majesty’s Customs in England or Scotland respectively, or any Three or more of them for the time being.

8 G.1. c.18.
§ 3.
Using them, Penalty 100l. Proviso for Boats, &c. of the Royal Family, and certain other Boats, &c.

Recovery and Application of Penalties.                                                                                XV. ‘And be it further enacted, That all Penalties and Forfeitures created and incurred by this Act (not otherwise hereby directed), shall and may be sued for, prosecuted, recovered and disposed of in such Manner, and by such Ways, Means and Methods, as any Penalties incurred, or any Goods or Vessels forfeited, for any Offence against the Laws of Customs or Excise, may now legally be sued for, prosecuted, recovered and disposed of; and the Officer or Officers concerned in Seizures or Prosecutions under this Act, shall be entitled to and receive such Share of the Produce arising from the Seizures as they are now by Law entitled to upon Prosecutions of Seizures for unlawful Importation, and to such Share of the Produce arising from any pecuniary Fine or Penalty or Composition paid for any Offence against this Act, as they are now by any Law or Regulation entitled to upon Prosecutions for pecuniary Penalties.


[Preamble.]
Short title of Act.                                        1. This Act may be cited for all purposes as the Sea Fisheries Act, 1883.

[S. 2 rep. 61 & 62 Vict. c. 22 (S.L.R.)]
Creation of Sea Fisheries Fund.                            3. The Irish Land Commission shall from time to time when required by the Commissioners of Public Works, out of the funds which they may raise on the security of their annual income under the Irish Church Act Amendment Act, 1881, pay over to the Commissioners of Public Works such sums, not exceeding in all the sum of two hundred and fifty thousand pounds, as the Commissioners may require for the purposes of this Act, and as the Treasury may sanction.

44 & 45 Vict. c. 71.
The sums so paid over to the Commissioners of Public Works are in this Act referred to as the Sea Fisheries Fund.

Extension of Irish Church Act.                             4. The several provisions of the Irish Church Act, 1869, as amended by the Irish Church Act Amendment Act, 1881, with respect to the raising of money by the Irish Land Commission, and the giving of security for the repayment thereof, and of interest thereon, and with respect to the power of the Commissioners for the Reduction of the National Debt to make advances to the said Irish Land Commission, and with respect to the powers of the Treasury in relation to the money so to be raised, shall be extended and shall apply to the purposes of this Act as fully as such provisions apply to the purposes of the Irish Church Act, 1869, as so amended as aforesaid.

32 & 33 Vict. c. 42.
44 & 45 Vict. c. 71.
Any advance made by the Commissioners for the Reduction of the National Debt to the Irish Land Commission for the purposes of this Act shall be charged upon the property accruing to and shall be payable by the Irish Land Commission as if it were part of the debt already owing by the Irish Land Commission to the Commissioners for the Reduction of the National Debt.

Sea Fisheries Fund to be expended for piers and harbours.  5. The Commissioners of Public Works shall apply the Sea Fisheries Fund for the purposes of the Fishery Piers and Harbours Acts, but subject to the conditions contained in this Act.

29 & 30 Vict. c. 45.
9 & 10 Vict. c. 3.
The enactment contained in the second section of the Fishery Piers and Harbours Act, 1866, that a grant for any one work shall not exceed the sum of seven thousand five hundred pounds shall not apply to grants under this Act.

The enactment contained in the fourth sub-section of the fourth section of the Fishery Piers and Harbours Act, 1846, that the amount of any grant shall not exceed three-fourths of the cost of the work, and that such grant shall be made only upon the condition that the repayment of the residue of the total actual cost of the work, with interest, shall be secured or agreed to be secured in the manner therein referred to, shall not apply to grants under this Act.

The Commissioners of Public Works may, with the previous approval of the Treasury, out of the Sea Fisheries Fund make a free grant of the whole or any part of the cost of a work, or may advance the same by way of loan, upon the repayment thereof, with interest at such rate not exceeding three and a half per cent. per annum, as the Commissioners, with the approval of the Treasury, may determine, being secured in the manner provided by the Fishery Piers and Harbours Acts.

The amount which the Commissioners of Public Works may expend in any one period of twelve months after the passing of this Act, in carrying this Act into effect, shall not exceed fifty thousand pounds, unless the Treasury otherwise orders.

Maintenance and repair of piers and harbours.              6. When any work has been done or constructed under this Act, the provisions of the Fishery Piers and Harbours Acts relative to maintenance and repair, and as to tolls and rates, and as to byelaws, rates, orders, and regulations, and otherwise, shall apply to such work as if it had been constructed or done under those Acts.

Application of sums repaid.                                7. All sums paid from time to time to the Commissioners of Public Works in repayment of moneys advanced by them by way of loan under this Act, or for interest thereon, shall form part of the Sea Fisheries Fund, and shall be applied by the Commissioners for the purposes of this Act.

[S. 8 rep. 52 & 53 Vict. c. 71. s. 4. S. 9 rep. 61 & 62 Vict. c. 22 (S.L.R.)]


[15th December, 2021]
Be it enacted by the Oireachtas as follows:
PART 1
Preliminary
Short title and commencement
1. (1) This Act may be cited as the Criminal Justice (Smuggling of Persons) Act 2021.
(2) This Act comes into operation on such day or days as the Minister may, by order or orders, appoint either generally or with reference to a particular purpose or provisions and different days may be so appointed for different purposes or different provisions.

Interpretation
2. In this Act—
“Act of 2004” means the Immigration Act 2004 ;
“designated state” means any of the following, other than the State:
(a) a Member State;
(b) the Republic of Iceland;
(c) the Principality of Liechtenstein;
(d) the Kingdom of Norway;
(e) the Swiss Confederation;
(f) the United Kingdom of Great Britain and Northern Ireland;
(g) a Protocol state;
(h) a state that is declared under section 28 to be a designated state;
“enactment” has the same meaning as it has in the Interpretation Act 2005 ;
“immigration law”, in relation to a designated state, means a law which has effect in the designated state and which controls the entry into, transit across or presence in the designated state of a person who is not a national of that state;
“Irish ship” means an Irish ship within the meaning of section 9 of the Mercantile Marine Act 1955 ;
“Member State” means a Member State of the European Union;
“Minister” means the Minister for Justice;
“outer limit of the territorial seas” has the meaning assigned to it in section 83 of the Sea-Fisheries and Maritime Jurisdiction Act 2006 ;
“Protocol state” means a state, other than the State, that is a party 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;
“ship” includes any vessel used in navigation, other than—
(a) a warship, naval auxiliary or other vessel in the service of the Defence Forces or the navy or military of another state, or
(b) any other vessel owned or operated by a government and used, for the time being, only on government non-commercial service;
“United Kingdom of Great Britain and Northern Ireland” includes the Channel Islands and the Isle of Man;
“vehicle” means a car, van, lorry, ship, aircraft, railway train or any other means of transport, mechanically propelled or not, used, constructed or adapted to carry or convey persons or goods by land, water or air and includes any container, trailer, tank or any other thing, which—
(a) is or may be used for the storage of goods in the course of carriage, and
(b) is designed or constructed to be placed on, in or attached to, any such vehicle;
“vessel” means a waterborne craft of any type, whether self-propelled or not, and includes an air cushion craft;
“warship” means a ship belonging to the armed forces of a state bearing the external marks distinguishing such ships of its nationality, under the command of an officer duly commissioned by the government of the state and whose name appears in the appropriate service list or its equivalent, and manned by a crew which is under regular armed forces discipline.

Repeals
3. Subject to section 30 , sections 2 , 3 , 4 , 7 and 11 of the Illegal Immigrants (Trafficking) Act 2000 are repealed.

Expenses
4. The expenses incurred by the Minister in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Public Expenditure and Reform, be paid out of monies provided by the Oireachtas.

PART 2
Smuggling of persons
Interpretation (Part 2)
5. (1) In this Part—
“assists”, subject to subsection (2), includes procures, organises or facilitates;
“company” means a company formed and registered under the Companies Act 2014 or an existing company within the meaning of that Act;
“equivalent status” means, in relation to a designated state, a status under the law or administrative practice of that state that is equivalent to international protection;
“fraudulent travel or identity document” means any travel or identity document that—
(a) has been falsely made or altered in some material way by anyone other than a person or agency lawfully authorised to make or issue the travel or identity document on behalf of the State or another state,
(b) has been improperly issued or obtained through misrepresentation, corruption or duress, or in any other unlawful manner, or
(c) is used, as evidence of the person’s identity or citizenship, by a person other than the rightful holder;
“international protection” has the meaning it has in section 2 of the International Protection Act 2015 ;
“specified provision” means any of the following—
(a) section 4, 5 or 6 of the Act of 2004, or
(b) a provision that is the subject of an order under section 29;
“travel or identity document” includes the following:
(a) a passport or document which can be used instead of a passport;
(b) a document issued by or on behalf of a Minister of the Government and permitting or authorising a person to enter or remain (whether temporarily or permanently) in the State, or to enter employment or self-employment therein;
(c) a registration certificate issued under Article 11(1)(e)(i) of the Aliens Order 1946 ( S.I. No. 395 of 1946 ) or the Act of 2004;
(d) a document, issued by the competent authority of another state, that is equivalent, under the law of that state, to a document specified in paragraph (b) or (c) .
(2) For the purposes of section 6 and 7 , assisting the presence in the State or in a designated state of a person does not include the provision by another person, in the ordinary course of his or her business, trade or profession, whether for profit or otherwise, of a good or service to the person.

Assisting unlawful entry into, transit across or presence in State
6. (1) A person is guilty of an offence if he or she intentionally assists the entry into, transit across or presence in the State of another person, where—
(a) such entry into, transit across or presence in the State is in breach of a specified provision, and
(b) the first-mentioned person knows or has reasonable cause to believe that such entry into, transit across or presence in the State is in breach of a specified provision.
(2) A person who, in a place outside the State, engages in conduct that would, if the conduct occurred in the State, constitute an offence under subsection (1), is guilty of an offence.
(3) A person who, in a place outside the State, aids, abets, counsels, procures or attempts the commission of an offence under subsection (1) or subsection (2) is guilty of an offence.

Assisting unlawful entry into, transit across or presence in designated state
7. (1) A person is guilty of an offence if he or she intentionally assists the entry into, transit across or presence in a designated state of another person, where—
(a) such entry into, transit across or presence in the designated state is in breach of an immigration law in the designated state, and
(b) the first-mentioned person knows or has reasonable cause to believe that such entry into, transit across or presence in the designated state is in breach of an immigration law in the designated state.
(2) Subject to subsection (4), a person who, in a place outside the State, engages in conduct that would, if the conduct occurred in the State, constitute an offence under subsection (1), is guilty of an offence.
(3) Subject to subsection (4), a person who, in a place outside the State, aids, abets, counsels, procures or attempts the commission of an offence under subsection (1) or subsection (2) is guilty of an offence.
(4) Subsections (2) and (3) apply to conduct engaged in outside the State, where the conduct—
(a) occurs on board an Irish ship,
(b) occurs on an aircraft registered in the State,
(c) is engaged in by a person who is an Irish citizen or a person ordinarily resident in the State,
(d) is engaged in for the benefit of a company or any other body established under the law of the State,
(e) occurs on board a ship registered in a Protocol state,
(f) occurs on board a ship not registered in any country or territory, or
(g) constitutes an offence for which the person would be liable to extradition or surrender and—
(i) a request for a person’s surrender for the purpose of trying him or her for an offence in respect of the conduct concerned has been made by a state in relation to which Part II of the Extradition Act 1965 applies, and that request has been finally refused (whether as a result of a decision of a court or otherwise), or
(ii) a relevant arrest warrant has been received from an issuing state for the purpose of bringing proceedings against the person for an offence in respect of the conduct concerned, and a final determination has been made that the relevant arrest warrant should not be endorsed for execution in the State under the European Arrest Warrant Act 2003 or that the person should not be surrendered to the issuing state concerned.
(5) For the purposes of this section and section 8 a person shall be deemed to be ordinarily resident in the State if the person had his or her principal residence in the State for the period of 12 months immediately preceding the alleged commission of the offence.
(6) In this section and section 8 , “relevant arrest warrant” and “issuing state” have the same meanings as they have in the European Arrest Warrant Act 2003 (as amended by the European Union (European Arrest Warrant Act 2003) (Amendment) Regulations 2021 ( S.I. No. 150 of 2021 )).

Provision etc. of fraudulent travel or identity document for purpose of assisting entry into, transit across, or presence in State or designated state
8. (1) A person is guilty of an offence if he or she produces, procures, provides, possesses or controls a fraudulent travel or identity document with the intention that it shall be used for the purpose of assisting the entry into, transit across or presence in the State of another person where—
(a) such entry into, transit across or presence in the State is in breach of a specified provision, and
(b) the first-mentioned person knows or has reasonable cause to believe that such entry into, transit across or presence in the State is in breach of a specified provision.
(2) A person who, in a place outside the State, engages in conduct that would, if the conduct occurred in the State, constitute an offence under subsection (1) , is guilty of an offence.
(3) A person who, in a place outside the State, aids, abets, counsels, procures or attempts the commission of an offence under subsection (1) or subsection (2) is guilty of an offence.
(4) A person is guilty of an offence if he or she produces, procures, provides, possesses or controls a fraudulent travel or identity document with the intention that it shall be used for the purpose of assisting the entry into, transit across or presence in a designated state of another person where—
(a) such entry into, transit across or presence in the designated state is in breach of an immigration law in the designated state concerned, and
(b) the first-mentioned person knows or has reasonable cause to believe that such entry into, transit across or presence in the designated state is in breach of an immigration law in the state concerned.
(5) Subject to subsection (7), a person who, in a place outside the State, engages in conduct that, if the conduct occurred in the State, would constitute an offence under subsection (4), is guilty of an offence.
(6) Subject to subsection (7), a person who, in a place outside the State, aids, abets, counsels, procures or attempts the commission of an offence under subsection (4) or subsection (5) is guilty of an offence.
(7) Subsections (5) and (6) apply to conduct engaged in outside the State, where the conduct—
(a) occurs on board an Irish ship,
(b) occurs on an aircraft registered in the State,
(c) is engaged in by a person who is an Irish citizen or a person ordinarily resident in the State,
(d) is engaged in for the benefit of a company or any other body established under the law of the State,
(e) occurs on board a ship not registered in any country or territory, or
(f) constitutes an offence for which the person would be liable to extradition or surrender and—
(i) a request for a person’s surrender for the purpose of trying him or her for an offence in respect of the conduct concerned has been made by a state in relation to which Part II of the Extradition Act 1965 applies, and that request has been finally refused (whether as a result of a decision of a court or otherwise), or
(ii) a relevant arrest warrant has been received from an issuing state for the purpose of bringing proceedings against the person for an offence in respect of the conduct concerned, and a final determination has been made that the relevant arrest warrant should not be endorsed for execution in the State under the European Arrest Warrant Act 2003 or that the person should not be surrendered to the issuing state concerned.

Offences under Part 2: further provisions
9. (1) It shall be a defence in any proceedings against a person for an offence under section 6 , 7 or 8 for the person charged with the offence to prove, on the balance of probabilities, that the conduct alleged to constitute the offence was engaged in by him or her—
(a) in order to provide, in the course of his or her work on behalf of a bona fide organisation, assistance to a person seeking international protection in the State or equivalent status in another state if the purposes of that organisation include giving assistance without charge to persons seeking such protection or status, or
(b) for the purpose of providing humanitarian assistance, otherwise than for the purpose of obtaining, directly or indirectly, a financial or material benefit.
(2) Notwithstanding section 7 of the Criminal Law Act 1997 , it shall not be an offence for a person to aid, abet, counsel or procure another person to commit an offence under section 6 , 7 or 8 relating to the entry into, transit across or presence in the State, or a designated State, of the first-mentioned person.

Penalties (Part 2)
10. (1) A person guilty of an offence under section 6 , 7 or 8 is liable—
(a) on summary conviction, to a class A fine or to imprisonment for a term not exceeding 12 months or both, or
(b) on conviction on indictment, to a fine or to imprisonment for a term not exceeding 10 years or both.
(2) Without prejudice to any other enactment or rule of law, a court shall, in determining the sentence to be imposed on a person for an offence under section 6 , 7 or 8 , except where it considers that there are exceptional circumstances justifying its not so doing, treat as an aggravating factor any behaviour by the offender related to the commission of the offence—
(a) that endangered or was likely to endanger the life or safety of the person to whom the offence related, or
(b) that resulted in the exploitation or inhuman or degrading treatment of the person to whom the offence related,
and the court shall impose a sentence that is greater than that which it would have imposed in the absence of such an aggravating factor.

(3) The sentence imposed as a result of the application of subsection (2) shall not be greater than the maximum sentence permissible for the offence concerned.

PART 3
Enforcement measures against smuggling of persons
Interpretation (Part 3)
11. In this Part—
“enforcement officer” means—
(a) a member of the Garda Síochána,
(b) an officer of customs (within the meaning of section 2 of the Customs Act 2015 ),
(c) a member of the Naval Service of the Defence Forces not below the rank of petty officer, or
(d) an immigration officer (within the meaning of section 3 of the Act of 2004);
“master”, in relation to a ship, means the person having, for the time being, the command or charge of the ship.

Exercise of enforcement powers in respect of ships
12. (1) This subsection applies to—
(a) an Irish ship,
(b) a ship registered in a Protocol state, or
(c) a ship not registered in any country or territory.
(2) Subject to this section, where an enforcement officer has reasonable grounds to suspect that an offence under section 6 or 7 has been, or is being, committed on board a ship to which subsection (1) applies, he or she may, for the purpose of the detection of the offence or the taking of appropriate action in respect of any such offence, exercise the powers conferred on him or her by section 14 .
(3) (a) An enforcement officer shall not exercise the powers conferred on him or her by section 14 outside the outer limit of the territorial seas of the State in relation to a ship registered in a Protocol state without the authority of the Minister for Foreign Affairs given in accordance with this subsection.
(b) The Minister for Foreign Affairs shall not give his or her authority to the exercise of powers referred to in paragraph (a) unless the Protocol state concerned has in relation to that ship—
(i) requested the assistance of the State for the purpose referred to in subsection (2), or
(ii) authorised the State to act for that purpose.
(c) In giving his or her authority under paragraph (b), the Minister for Foreign Affairs shall impose such conditions or limitations on the exercise of the powers as may be necessary to give effect to any conditions or limitations imposed by the Protocol state.
(4) (a) An enforcement officer shall not exercise the powers conferred on him or her by section 14 in the territorial seas of any state other than the State without the authority of the Minister for Foreign Affairs given in accordance with this subsection.
(b) The Minister for Foreign Affairs shall not give his or her authority to the exercise of powers referred to in paragraph (a) unless the state concerned has consented to the exercise of those powers for the purpose referred to in subsection (2) .
(c) In giving his or her authority under paragraph (b), the Minister for Foreign Affairs shall impose such conditions or limitations on the exercise of the powers as may be necessary to give effect to any conditions or limitations imposed by the state concerned.

Protocol state powers and Irish ships
13. The Minister for Foreign Affairs may, either of his or her own motion or in response to a request from a Protocol state, authorise a Protocol state to exercise, in relation to an Irish ship, powers corresponding to those conferred on enforcement officers by section 14 but subject to such conditions or limitations, if any, as he or she may impose.

Enforcement powers in respect of ships
14. (1) An enforcement officer may, in relation to a ship to which section 12 (2) applies, and subject to that section, do any of the following:
(a) stop the ship;
(b) board the ship;
(c) if he or she considers it necessary for the performance of his or her functions under this Act, do either or both of the following:
(i) require the ship to be taken to a port in the State;
(ii) detain the ship at a port in the State;
(d) search without a warrant the ship and anything on it, including its cargo;
(e) require any person on the ship to give information concerning himself or herself, any other person on the ship, the ship or anything on the ship;
(f) without prejudice to the generality of the powers conferred by paragraphs (d) and (e)—
(i) open any container,
(ii) carry out tests and take samples of anything on the ship,
(iii) require the production of any document, book or record relating to the ship or anything or any person on it, and
(iv) take photographs or make copies of anything the production of which he or she has the power to require;
and
(g) search without a warrant any person who the enforcement officer has reasonable grounds to suspect has committed an offence under section 6 or 7.
(2) If an enforcement officer has reasonable grounds to suspect that an offence under section 6 or 7 has been committed on the ship concerned, he or she may—
(a) arrest without warrant any person whom he or she has reasonable grounds for suspecting to be guilty of the offence, and
(b) seize and retain anything found on the ship which appears to him or her to be evidence of the offence, and section 9 of the Criminal Law Act 1976 shall apply in relation to anything seized and retained under this paragraph.
(3) An enforcement officer shall, if required, produce evidence of his or her authority.
(4) In the performance of his or her functions under this Act, an enforcement officer may—
(a) use reasonable force, if necessary,
(b) require the master or any member of the crew of the ship concerned to take such action as may be necessary to assist the enforcement officer,
(c) take with him or her, and use, any equipment or materials that he or she considers necessary, and
(d) be accompanied by any other person with a specialised or technical knowledge or skill who the enforcement officer considers may be of assistance to him or her in the performance of those functions.
(5) A person referred to in paragraph (d) of subsection (4) shall, for the purpose of providing the assistance referred to in that paragraph, have and be conferred with the powers and duties of the enforcement officer concerned, other than the power of arrest under subsection (2)(a).
(6) Where an enforcement officer detains a ship under subsection (1)(c)(ii)—
(a) he or she shall give a notice, signed by him or her, to the master of the ship stating that the ship is detained and informing the master of the effect of this subsection, and
(b) an enforcement officer, where he or she is satisfied that the detention of the ship is no longer necessary for the performance by an enforcement officer of his or her functions under this Act, shall, without delay, give the master of the ship a notice in writing withdrawing the notice given under paragraph (a).
(7) Where a person on board a ship has been arrested under subsection (2)(a)—
(a) the enforcement officer (where that officer is not a member of the Garda Síochána) shall, as soon as practicable, deliver that person into the custody of a member of the Garda Síochána to be dealt with in accordance with law, and
(b) the person shall, as soon as practicable, be taken to a Garda Síochána station, and may be detained there under section 4 of the Criminal Justice Act 1984 for such period as is authorised by that section, as if the time of his or her arrival at the Garda Síochána station were the time of his or her arrest.
(8) A person who—
(a) intentionally obstructs an enforcement officer, or a person referred to in subsection (4)(d), in the performance of any of his or her functions under this Act,
(b) fails without reasonable excuse to comply with a requirement made by an enforcement officer, or a person referred to in subsection (4)(d), in the performance of those functions, or
(c) in purporting to give information required by an enforcement officer, or a person referred to in subsection (4)(d), for the performance of those functions—
(i) makes a statement which he or she knows to be false in a material particular or recklessly makes a statement which is false in a material particular, or
(ii) intentionally fails to disclose any material particular,
is guilty of an offence.
(9) Where an enforcement officer is exercising powers pursuant to subsection (3)(a) or (4)(a) of section 12 , in accordance with that section—
(a) the enforcement officer may require the ship to be taken to a port in the state concerned or, if that state has so requested, in any other state or territory willing to receive it, and
(b) the enforcement officer may, having regard to the law applicable at the place to which the ship is brought, make arrangements in accordance with that law for, as the case may be, the arrest or detention of a person, or the transfer to the custody of a police officer or such other authority as may be specified in that law or to a judicial authority of the person arrested.
(10) A person acting for or on behalf of a Protocol State shall not be liable in any criminal proceedings in the State for anything done in the purported exercise of powers in relation to an Irish ship on the authority of the Minister for Foreign Affairs under section 13 .
(11) Any person who, in relation to a person referred to in subsection (10), does any of the things referred to in paragraph (a) , (b) or (c) of subsection (8), is guilty of an offence.
(12) A person who, outside the State, engages in any conduct in relation to—
(a) an enforcement officer,
(b) a person referred to in subsection (4)(d), or
(c) a person referred to in subsection (10),
that, if the conduct occurred in the State, would constitute an offence, is guilty of an offence.

(13) An enforcement officer or a person referred to in subsection (4)(d) shall not be liable in any civil or criminal proceedings for anything done in the purported performance of his or her functions under this Act if the court before which the proceedings are being heard is satisfied that the act was done in good faith and that there were reasonable grounds for doing it.
(14) A person guilty of an offence under subsection (8)(c) shall be liable—
(a) on summary conviction, to a class C fine or to imprisonment for a term not exceeding 12 months or both, or
(b) on conviction on indictment, to a class A fine or to imprisonment for a term not exceeding 2 years or both.
(15) A person guilty of an offence under this section, other than subsection (8)(c), shall be liable—
(a) on summary conviction, to a class C fine or to imprisonment for a term not exceeding 12 months or both, or
(b) on conviction on indictment, to a fine or to imprisonment for a term not exceeding 5 years or both.
(16) A statement made by a person, pursuant to a requirement by an enforcement officer or a person referred to in subsection (4)(d) in the performance of any of his or her functions under this Act, shall not be admissible as evidence in proceedings brought against the person for an offence (other than an offence under subsection (8) (c) ).

Power to detain vehicle
15. (1) Where a person is arrested for an offence under section 6 or 7 and a member of the Garda Síochána suspects a vehicle of having been used by the person for the purpose of the commission of the offence, the member may detain the vehicle for a period not exceeding 48 hours.
(2) At any time before the expiration of the period referred to in subsection (1), on application to it in that behalf by a member of the Garda Síochána, the court may, if it is satisfied that—
(a) proceedings have been instituted or are to be instituted against the person for an offence under section 6 or 7 ,
(b) there are reasonable grounds for believing that the vehicle is one which could, on conviction on indictment of the person for that offence, and having regard to section 16 (6), be the subject of a forfeiture order under that section, and
(c) there are reasonable grounds for believing that the vehicle would be removed from the State or sold or otherwise disposed of before the determination of the proceedings for that offence,
make an order authorising the further detention of the vehicle by the Garda Síochána for such period, not exceeding 3 months, as may be specified in the order.

(3) The court may from time to time, if it is satisfied in relation to the matters referred to in paragraph (a), (b) and (c) of subsection (2) on application to it in that behalf by a member of the Garda Síochána before the expiration of the period specified in an order under that subsection, make an order authorising the detention of the vehicle by the Garda Síochána for such further period not exceeding 3 months as may be specified in the order.
(4) (a) A vehicle shall not be detained under this section for periods exceeding 2 years in total.
(b) The detention of a vehicle under this section shall cease where proceedings for an offence under section 6 or 7 have been instituted against the person and—
(i) the proceedings are summary proceedings,
(ii) the proceedings are discontinued, or
(iii) the person is acquitted of the charge concerned and the time for taking an appeal has passed.
(5) At any time while a vehicle is being detained under this section, a person specified in paragraph (a), (b) or (c) of section 16(2) may apply to the court for its release and the court may—
(a) order the release of the vehicle unconditionally if it is satisfied that paragraphs (a), (b) and (c) of subsection (2) no longer apply,
(b) on such security being given as it considers satisfactory, release the vehicle subject to the condition that it will be delivered up to the Garda Síochána if—
(i) the person concerned is convicted of the offence charged, and
(ii) an order for its forfeiture is made under section 16 ,
or
(c) order the release of the vehicle subject to such other conditions as it considers appropriate, including a condition that the vehicle is not, pending the determination of the proceedings for the offence, removed from the State, sold, destroyed or otherwise disposed of.
(6) If a vehicle released on the giving of security referred to in subsection (5)(b) is removed from the State, sold, destroyed or otherwise disposed of without the leave of the court, the court may order the forfeiture of the security.
(7) This section is without prejudice to any power to seize or detain property which may be exercised by a member of the Garda Síochána or any other person under this Act or any other enactment.
(8) In this section, “court” means—
(a) if proceedings have not been instituted against the person for an offence under section 6 or 7 , the District Court, and
(b) if proceedings have been instituted, the court hearing the proceedings.
(9) A reference in this section and section 16 to a vehicle includes a reference to the equipment, fittings and furnishings of the vehicle.

Forfeiture of ship, aircraft or other vehicle
16. (1) Subject to this section, where a person is convicted on indictment of an offence under section 6 or 7 and the court by or before which the person is convicted is satisfied that a vehicle—
(a) was used by the person for the purpose of committing the offence, or
(b) was intended by the person to be used for that purpose,
the court concerned may, in addition to or instead of any penalty that it may impose under section 10 , order the vehicle, or the appropriate share thereof, to be forfeited to the State and may make such other orders as it considers necessary or expedient for the purpose of giving effect to the forfeiture.

(2) Subsection (1) shall not apply to a person unless the person convicted is—
(a) the owner of, or of a share in, the vehicle concerned,
(b) a director or manager of a company which is the owner of, or of a share in, the vehicle concerned, or
(c) subject to subsection (3), the person in charge of the vehicle concerned.
(3) In a case where the person convicted is the person in charge of the vehicle concerned, but not a person referred to in paragraph (a) or (b) of subsection (2) , subsection (1) shall not apply unless—
(a) the owner of, or of a share in, the vehicle concerned, or
(b) a director or manager of a company which is the owner of, or of a share in, the vehicle concerned,
knew or could with reasonable diligence have discovered that the vehicle was being used for the purpose of the commission of an offence under section 6 or 7 .

(4) Whenever an order is made under this section, a member of the Garda Síochána may, for the purpose of giving effect thereto—
(a) where the vehicle concerned is not already detained, seize and detain the vehicle concerned, and
(b) do such other things as are authorised by the order or are necessary for the purpose aforesaid.
(5) A court shall not order a vehicle to be forfeited under this section in a case where a person claiming to be the owner of it or otherwise interested in it applies to be heard by the court, unless an opportunity has been given to the person to show cause why the order should not be made.
(6) In considering whether to make an order under this section, the court shall have regard to—
(a) the value of the property, and
(b) the likely financial and other effects, on the person whose property it is proposed to forfeit, of the making of the order (taken together with any other order that the court contemplates making).
(7) A court may—
(a) in making an order under this section, include such provisions in that order, or
(b) as the case may require, make an order supplemental to that order that contains such provisions,
as appear to it to be necessary to protect any interest in the property, the subject of the order, of a person other than the person in respect of whom subsection (1) applies.

(8) An order under this section shall not take effect until the ordinary time for instituting an appeal against the order or the conviction concerned has expired or, where such an appeal is instituted, until it or any further appeal is finally decided or abandoned or the ordinary time for instituting any further appeal has expired.
(9) Where a vehicle is the subject of an order under this section, and subject to any provision in the order—
(a) the order shall operate to deprive the owner of his or her rights, if any, in the vehicle, and
(b) the vehicle may be disposed of in such manner as the Minister may direct.
(10) In this section, “owner”, in relation to a vehicle which is the subject of a hire-purchase agreement (within the meaning of the Consumer Credit Act 1995 ), includes the person in possession of it under that agreement.
(11) Nothing in this section shall affect the operation of a provision in any other enactment under which property is, or may be ordered to be, forfeited as a result of a conviction for an offence.

PART 4
Miscellaneous matters
Proceedings related to offences committed outside State or on a ship
17. (1) Proceedings for an offence under section 6 , 7 , 8 or 14 alleged to have been committed outside the State or on a ship may be taken in any place in the State and the offence may, for all incidental purposes, be treated as having been committed in that place.
(2) Where a person is charged with an offence under—
(a) section 6 (2) or (3),
(b) section 7 (2) or (3),
(c) section 8 (5) or (6), or
(d) section 6 , 7 or 14 to which subsection (3) applies,
no further proceedings in the matter (other than any remand in custody or on bail) may be taken except by or with the consent of the Director of Public Prosecutions.

(3) Without prejudice to subsection (2), proceedings for an offence under section 6 , 7 or 14 alleged to have been committed outside the outer limit of the territorial seas on a ship registered in a Protocol state shall be instituted only where the powers referred to in section 14 have been exercised with the authority of the Minister for Foreign Affairs given in accordance with section 12 (3) or (4).

Evidence in proceedings under Act
18. (1) In any proceedings relating to an offence under this Act—
(a) a certificate that is signed by an officer of the Minister for Foreign Affairs and stating that a passport was issued by that Minister of the Government to a person on a specified date, and
(b) a certificate that is signed by an officer of the Minister and stating that, to the best of the officer’s knowledge and belief, the person has not ceased to be an Irish citizen,
shall be evidence that the person was an Irish citizen on the date on which the offence concerned is alleged to have been committed, unless the contrary is shown.

(2) In any proceedings for an offence under section 7 or subsections (4) to (6) of section 8 , a certificate—
(a) purporting to be signed by a lawyer practising in the designated state concerned, and
(b) stating that the entry into, transit across or presence in the designated state to which the offence relates is in breach of an immigration law in that designated state,
is evidence of the matters referred to in that certificate, unless the contrary is shown.

(3) A certificate referred to in subsection (2) is taken to have been signed by the person purporting to have signed it, unless the contrary is shown.
(4) In a case where a certificate referred to in subsection (2) is written in a language other than the Irish language or the English language, unless the contrary is shown—
(a) a document purporting to be a translation of that certificate into the Irish language or the English language, as the case may be, and that is certified as correct by a person appearing to be competent to so certify, is taken—
(i) to be a correct translation of the certificate, and
(ii) to have been certified by the person purporting to have certified it,
and
(b) the person is taken to be competent to so certify.
(5) A document purporting to be a certificate signed by the Minister for Foreign Affairs stating that—
(a) in exercise of the powers conferred on him or her by section 12 (3) or (4), he or she has given his or her authority in accordance with the subsection concerned, or
(b) in exercise of the powers conferred on him or her by section 13 , he or she has authorised a Protocol state to exercise the powers referred to in that section,
is evidence of the facts stated in the certificate, unless the contrary is shown.

(6) If, in any proceedings relating to an offence under this Act, a question arises as to whether a state was at a particular time a designated state, a certificate signed by, or by a person authorised by, the Minister for Foreign Affairs and stating any fact relating to the question shall be evidence of that fact, unless the contrary is shown.
(7) In any proceedings for an offence under section 7 committed in the circumstances referred to in section 7 (4)(g), or an offence under section 8 committed in the circumstances referred to in section 8 (7)(f), a certificate purporting to be signed by the Director of Public Prosecutions and stating any of the matters referred to in section 7 (4)(g) or section 8 (7)(f), as the case may be, is evidence of those matters, and is taken to have been signed by the Director of Public Prosecutions, unless the contrary is shown.

Double jeopardy
19. (1) Where a person has been acquitted of an offence in a place other than the State, he or she shall not be proceeded against for an offence under section 6 , 7 , 8 , 14 or 20 consisting of the alleged conduct constituting the first-mentioned offence.
(2) Where a person has been convicted of an offence in a place other than the State, he or she shall not be proceeded against for an offence under section 6 , 7 , 8 , 14 or 20 consisting of the conduct constituting the first-mentioned offence.

Offences by bodies corporate, etc.
20. (1) Where a relevant offence is committed for the benefit of a body corporate by a relevant person and the commission of the relevant offence is attributable to the failure, by a director, manager, secretary or other officer of the body corporate, or a person purporting to act in that capacity, to exercise, at the time of the commission of the relevant offence and in all the circumstances of the case, the requisite degree of supervision or control of the relevant person, the body corporate shall be guilty of an offence.
(2) In proceedings for an offence under subsection (1), it shall be a defence for a body corporate against which such proceedings are brought to prove that it took all reasonable steps and exercised all due diligence to avoid the commission of the offence.
(3) Where a relevant offence is committed by a body corporate and it is proved that the offence was committed with the consent or connivance, or was attributable to any wilful neglect, of a person who was a director, manager, secretary or other officer of the body corporate, or a person purporting to act in that capacity, that person shall, as well as the body corporate, be guilty of an offence and shall be liable to be proceeded against and punished as if he or she were guilty of the first-mentioned offence.
(4) Where the affairs of a body corporate are managed by its members, subsection (3) shall apply in relation to the acts and defaults of a member in connection with his or her functions of management as if he or she were a director or manager of the body corporate.
(5) Subsection (1)—
(a) is without prejudice to the other circumstances, under the general law, whereby acts or omissions of a natural person are attributed to a body corporate resulting in criminal liability of that body corporate for those acts or omissions, and
(b) does not exclude criminal proceedings against natural persons who are involved as perpetrators, inciters or accessories in an offence referred to in that subsection.
(6) A body corporate guilty of an offence under subsection (1) shall be liable, on summary conviction, to a class A fine and, on conviction on indictment, to a fine.
(7) In this section—
“relevant offence” means—
(a) an offence under section 6 , 7 or 8 ,
(b) an offence of aiding, abetting, counselling, procuring or attempting the commission of an offence under section 6 , 7 or 8 ;
“relevant person”, in relation to a body corporate, means—
(a) a director, manager, secretary or other officer of the body corporate, or a person purporting to act in that capacity, or
(b) an employee, subsidiary or agent of the body corporate;
“subsidiary”, in relation to a body corporate, has the same meaning as it has in the Companies Act 2014 .

PART 5
Amendments to other enactments
Amendment of Criminal Law Act 1976
21. Section 8 of the Criminal Law Act 1976 is amended in subsection (1) by the substitution of the following paragraphs for paragraphs (i) to (l):
“(i) an offence under this Act;
(j) an offence under section 12 (1) of the Firearms and Offensive Weapons Act 1990 ;
(k) an offence under section 112 (2) of the Road Traffic Act 1961 (substituted by section 3 (7) of the Road Traffic (Amendment) Act 1984 );
(l) an offence under section 2 of the Illegal Immigrants (Trafficking) Act 2000 ;
(m) an offence under section 6 , 7 or 8 of the Criminal Justice (Smuggling of Persons) Act 2021.”.

Amendment of Schedule to Bail Act 1997
22. The Schedule to the Bail Act 1997 is amended by—
(a) the deletion of paragraph 27A, and
(b) the insertion of the following after paragraph 42:
“Offences relating to smuggling of persons
43. Any offence under section 2 of the Illegal Immigrants (Trafficking) Act 2000 .
44. Any offence under section 6 , 7 , 8 or 14 of the Criminal Justice (Smuggling of Persons) Act 2021.”.

Amendment of Road Transport Act 2011
23. Section 2 of the Road Transport Act 2011 is amended in subsection (1) by the insertion of the following paragraph after paragraph (e) :
“(ea) an offence under section 6 , 7 or 8 of the Criminal Justice (Smuggling of Persons) Act 2021,”.

Amendment of Road Safety Authority (Commercial Vehicle Roadworthiness) Act 2012
24. Section 12 of the Road Safety Authority (Commercial Vehicle Roadworthiness) Act 2012 is amended in subsection (1) by the insertion of the following paragraph after paragraph (e):
“(ea) an offence under section 6 , 7 or 8 of the Criminal Justice (Smuggling of Persons) Act 2021,”.

Amendment of Schedule to Taxi Regulation Act 2013
25. The Schedule to the Taxi Regulation Act 2013 is amended in Part 2 by the insertion of the following paragraph after paragraph 24:
“Offences related to smuggling of persons
25. An offence under section 2 of the Illegal Immigrants (Trafficking) Act 2000 .
26. An offence under section 6 , 7 or 8 of the Criminal Justice (Smuggling of Persons) Act 2021.”.

Amendment of European Communities (Communication of Passenger Data) Regulations 2011
26. Regulation 2 of the European Communities (Communication of Passenger Data) Regulations 2011 ( S.I. No. 597 of 2011 ) is amended in paragraph (1) —
(a) in the definition of “immigration offence”—
(i) in paragraph (e), by the substitution of “(No. 26 of 2003),” for “No. 26 of 2003), or”,
(ii) in paragraph (f), by the substitution of “(No. 1 of 2004), or” for “(No. 1 of 2004);”, and
(iii) by the insertion of the following paragraph after paragraph (f):
“(g) Criminal Justice (Smuggling of Persons) Act 2021 (No. 42 of 2021);”,
and
(b) by the substitution of the following definition for the definition of “smuggling”:
“‘smuggling of persons’ means conduct that constitutes an offence under—
(a) section 2 of the Illegal Immigrants (Trafficking) Act 2000 (No. 29 of 2000), or
(b) section 6 , 7 or 8 of the Criminal Justice (Smuggling of Persons) Act 2021 (No. 42 of 2021);”.

Amendment of Schedule to European Union (Passenger Name Record Data) Regulations 2018
27. Schedule 2 to the European Union (Passenger Name Record Data) Regulations 2018 ( S.I. No. 177 of 2018 ) is amended—
(a) in paragraph 2, by the deletion of “ section 2 of the Illegal Immigrants (Trafficking) Act 2000 (No. 29 of 2000)”, and
(b) by the substitution of the following paragraph for paragraph 11:
“11. Facilitation of unlawful entry, residence or transit
An offence under—
section 2 of the Illegal Immigrants (Trafficking) Act 2000 (No. 29 of 2000)

section 6 , 7 or 8 of the Criminal Justice (Smuggling of Persons) Act 2021 (No. 42 of 2021)”.

PART 6
Miscellaneous
Minister may declare state to be designated state
28.The Minister may, by order made following consultation with the Minister for Foreign Affairs, declare a state, other than a state referred to in paragraphs (a) to (g) of the definition of “designated state” in section 2, to be a designated state for the purposes of paragraph (h) of that definition, where he or she is satisfied that the state has, by agreement concluded by the state with the European Union, agreed to implement and apply—
(a) Council Directive 2002/90/EC of 28 November 20023 defining the facilitation of unauthorised entry, transit and residence and Council Framework Decision of 28 November 20024 on the strengthening of the penal framework to prevent the facilitation of unauthorised entry, transit and residence, or
(b) an act or measure taken by the European Union amending or building upon the acts referred to in paragraph (a) .

Specified provision
29. The Minister may, by order, declare to be a specified provision for the purpose of this Act any provision of—
(a) a regulation made under section 3 of the European Communities Act 1972 , or
(b) a statutory instrument made for a purpose referred to in section 4 (1) of the European Communities Act 2007 ,
that is made for the purpose of giving effect to a treaty or act referred to in section 2 (1) of the European Communities Act 1972 that relates to the legality of—
(i) the entry of persons into the European Union,
(ii) the transit of persons through a Member State to another Member State, or
(iii) residence of persons in the European Union.
Transitional arrangements
30. (1) Notwithstanding section 3 , sections 3 and 4 of the Act of 2000 shall continue to apply in respect of—
(a) a person who, whether before, on or after the coming into operation of this section—
(i) is arrested for, or
(ii) convicted of,
an offence under section 2 of the Act of 2000,
(b) proceedings for an offence under section 2 of the Act of 2000, whether instituted before, on or after the coming into operation of this section, and
(c) a vehicle that, immediately before the coming into operation of this section, is detained under section 3 of the Act of 2000.
(2) In this section, “Act of 2000” means the Illegal Immigrants (Trafficking) Act 2000 .

1 OJ No. L328, 05.12.2002, p. 17
2 OJ No. L328, 05.12.2002, p. 1
3 OJ No. L328, 05.12.2002, p. 17
4 OJ No. L328, 05.12.2002, p. 1