Article 10

(1) Where a person is convicted on indictment of an offence against any enactment and is for that offence liable to be sentenced to imprisonment but the sentence is not by any enactment either limited to a specified term or expressed to extend to imprisonment for life, the person so convicted shall be liable to imprisonment for not more than two years.

(2) A person convicted on indictment of an attempt to commit an offence for which a maximum term of imprisonment or a maximum fine is provided by an enactment shall not be sentenced to imprisonment for a term longer, or a fine larger, than that which could be imposed for the completed offence.

(3) Where a person is convicted on indictment of any offence other than an offence for which the sentence is fixed by law, the court, if not precluded from doing so by its exercise of some other power, may impose a fine in lieu of or in addition to dealing with the offender in any other way in which the court has power to deal with him or her, subject however to any enactment limiting the amount of the fine that may be imposed or requiring the offender to be dealt with in a particular way.

(4) Notwithstanding anything in any enactment whereby power is conferred on a court, on the conviction of a person of an offence, to bind the offender over to keep the peace or to be of good behaviour, that power may be exercised without sentencing the offender to a fine or to imprisonment.

(5) A person sent forward to a court for sentence under section 13 (2) of the Criminal Procedure Act, 1967 with a plea of guilty of an offence may be dealt with in all respects as if he or she had been convicted on indictment of the offence by that court.

Article 7

(4) A person committing an offence under subsection (2) with intent to impede another person's apprehension or prosecution shall be liable on conviction on indictment to imprisonment according to the gravity of the offence that the other person has committed or attempted to commit, as follows:

(a) if that offence is one for which the sentence is fixed by law, or for which the maximum sentence is imprisonment for life, he or she shall be liable to imprisonment for a term not exceeding ten years;

(b) if it is one for which a person of full capacity and not previously convicted may be sentenced to imprisonment for a term of fourteen years, he or she shall be liable to imprisonment for a term not exceeding seven years;

(c) if it is not one included in paragraph (a) or (b) but is one for which a person of full capacity and not previously convicted may be sentenced to imprison- ment for a term of ten years, he or she shall be liable to imprisonment for a term not exceeding five years;

(d) in any other case, he or she shall be liable to imprisonment for a term not exceeding three years.

Article 8

(1) Where a person has committed an arrestable offence, any other person who, knowing or believing that the offence or some other arrestable offence has been committed and that he or she has information which might be of material assistance in securing the prosecution or conviction of an offender for it, F4[accepts (or agrees to accept), whether in or outside the State, for not disclosing that information any consideration] other than the making good of loss or injury caused by the offence,
or the making of reasonable compensation for that loss or injury, shall be guilty of an offence and shall be liable on conviction on indictment to imprisonment for a term not exceeding three years.

Article 11

(1) No person shall be sentenced by a court to penal servitude.

(2) Every enactment conferring a power on a court to pass a sentence of penal servitude in any case shall be treated as an enactment empowering that court to pass a sentence of imprisonment for a term not exceeding the maximum term of penal servitude for which a sentence could have been passed in that case immediately before the commencement of this Act, and accordingly, in the case of any enactment in force on the 5th day of August, 1891, being the date on which section 1 (repealed by this Act) of the Penal Servitude Act, 1891, came into operation, whereby a court had, immediately before the commencement of this Act, power to pass a sentence of penal servitude, the maximum term of imprisonment shall not exceed five years or any greater term authorised by the enactment.

(3) No person shall be sentenced by a court to imprisonment with hard labour; and every enactment conferring a power on a court to pass a sentence of imprisonment with hard labour in any case shall operate so as to empower that court to pass a sentence of imprisonment for a term not exceeding the term for which a sentence of imprisonment with hard labour could have been passed in that case immediately before the commencement of this Act; and so far as any enactment in force immedi- ately before the commencement of this Act requires or permits prisoners to be kept to hard labour it shall cease to have effect; and accordingly the expressions “with or without hard labour”, “with hard labour”, “without hard labour” and corresponding expressions, wherever occurring in any enactment prescribing the punishment for an offence, are hereby repealed.

(4) So far as any enactment provides that a person sentenced to imprisonment or committed to prison is or may be directed to be treated as an offender of a particular division, or to be placed in a separate division, it shall cease to have effect.

(5) Any person who, immediately before the commencement of this Act, was undergoing or liable to undergo a term of penal servitude shall, if that person is or ought to be in custody at such commencement, be treated thereafter as if he or she were undergoing or liable to undergo imprisonment and not penal servitude for that term.

(6) Any person who has been sentenced to imprisonment with hard labour for a term which has not expired at the commencement of this Act shall, for the remainder of that term, be treated as though he or she had been sentenced to imprisonment without hard labour.

Article 12

(1) No person shall be sentenced by a court to whipping, and so far as any enactment confers power on a court to pass a sentence of whipping it shall cease to have effect.

(2) Corporal punishment shall not be inflicted in any place to which the Prisons Acts, 1826 to 1980, or section 13 of the Criminal Justice Act, 1960, apply.

Impact of Crime on Victim

Article 5

(2) (a) When imposing sentence on a person for an offence to which this section applies, a court shall take into account, and may, where necessary, receive evidence or submissions concerning, any effect (whether long-term or otherwise) of the offence on the person in respect of whom the offence was committed.

Impact of Crime on Victim

Article 5

(3) (a) When imposing sentence on a person for an offence to which this section applies, a court shall, upon application by the person in respect of whom such offence was committed, hear the evidence of the person in respect of whom the offence was committed as to the effect of the offence on such person.

Part 3 Exceptions to Rule Against Double Jeopardy

Chapter 3 Approval of District Court for exercise of certain powers relating to persons acquitted of relevant offences

Article 18

(5) A person who obstructs or attempts to obstruct a member acting under the authority of a search warrant under this section, who fails to comply with a require- ment under subsection (4)(a), or who gives a false or misleading name or address to a member shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding €3,000 or imprisonment for a term not exceeding 6 months or both.

Part 4 Appeals and Matters Relating to Appeals

Chapter 1 With prejudice prosecution appeals

Article 25

(5) (a) If any matter is published or broadcast in contravention of subsection (3), the following persons, namely—

(i) in the case of a publication in a newspaper or periodical, any proprietor, any editor and any publisher of the newspaper or periodical,

(ii) in the case of any other publication, the person who publishes it, and

(iii) in the case of a broadcast, any person who transmits or provides the programme in which the broadcast is made and any person having functions in relation to the programme corresponding to those of the editor of a newspaper,

shall be guilty of an offence.

(b) A person guilty of an offence under paragraph (a) shall be liable—

(i) on summary conviction, to a fine not exceeding €5,000 or to imprisonment for a term not exceeding 12 months or to both, or

(ii) on conviction on indictment, to a fine not exceeding €50,000 or to imprisonment for a term not exceeding 3 years or to both.