Jump to content

Page:Criminal Justice (Corruption Offences) Act 2018.pdf/21

From Wikisource
This page has been proofread, but needs to be validated.
[2018.]
Criminal Justice (Corruption Offences) Act 2018.
[No. 9.] Pt. 5 S. 17
(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(b) in case an appeal taken by the person against the conviction or sentence for the offence concerned is withdrawn or abandoned, the withdrawal or abandonment of the appeal, or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,

19