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Criminal Law Jurisdiction

Volume 175: debated on Monday 25 June 1990

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To ask the Attorney-General whether he has anything to add to his answer of 14 May, Official Report, column 280, to the hon. Member for Kingston upon Hull, North (Mr. McNamara) concerning offences allegedly committed in the United Kingdom.

Yes. At the time of my reply the Irish authorities had indicated that the offences alleged against John Brendan Brady were committed in Northern Ireland. However, they have subsequently reported that the offences were committed in the Republic of Ireland, albeit with the intention that offences should be committed in Northern Ireland. I understand that the confusion arose because the offences were charged contrary to provisions of Irish legislation, as amended by the Irish Criminal Law (Jurisdiction) Act, 1976 (CLJA). Whilst the offences could not have been prosecuted but for the amendments to Irish law effected by the CLJA, the prosecution was not an extraterritoral prosecution under that Act.