Criminal Procedure Act 1967


Number 12 of 1967


CRIMINAL PROCEDURE ACT 1967

REVISED

Updated to 27 November 2017


This Revised Act is an administrative consolidation of the Criminal Procedure Act 1967. It is prepared by the Law Reform Commission in accordance with its function under the Law Reform Commission Act 1975 (3/1975) to keep the law under review and to undertake revision and consolidation of statute law.

All Acts up to and including Legal Metrology (Measuring Instruments) Act 2017 (31/2017), enacted 28 November 2017, and all statutory instruments up to and including Criminal Justice (Victims of Crime) Act 2017 (Commencement) Order 2017 (S.I. No. 530 of 2017), made 24 November 2017, were considered in the preparation of this Revised Act.

Disclaimer: While every care has been taken in the preparation of this Revised Act, the Law Reform Commission can assume no responsibility for and give no guarantees, undertakings or warranties concerning the accuracy, completeness or up to date nature of the information provided and does not accept any liability whatsoever arising from any errors or omissions. Please notify any errors, omissions and comments by email to

revisedacts@lawreform.ie.


Number 12 of 1967


CRIMINAL PROCEDURE ACT 1967

REVISED

Updated to 27 November 2017


Introduction

This Revised Act presents the text of the Act as it has been amended since enactment, and preserves the format in which it was passed.

Related legislation

This Act is not collectively cited with any other Act.

Annotations

This Revised Act is annotated and includes textual and non-textual amendments, statutory instruments made pursuant to the Act and previous affecting provisions.

An explanation of how to read annotations is available at

www.lawreform.ie/annotations.

Material not updated in this revision

Where other legislation is amended by this Act, those amendments may have been superseded by other amendments in other legislation, or the amended legislation may have been repealed or revoked. This information is not represented in this revision but will be reflected in a revision of the amended legislation if one is available.

Where legislation or a fragment of legislation is referred to in annotations, changes to this legislation or fragment may not be reflected in this revision but will be reflected in a revision of the legislation referred to if one is available.

A list of legislative changes to any Act, and to statutory instruments from 1990, may be found linked from the page of the Act or statutory instrument at

www.irishstatutebook.ie.

Acts which affect or previously affected this revision

Criminal Justice (Victims of Crime) Act 2017 (28/2017)

Legal Services Regulation Act 2015 (65/2015)

Customs Act 2015 (18/2015)

Companies Act 2014 (38/2014)

Court of Appeal Act 2014 (18/2014)

Criminal Justice (Forensic Evidence and DNA Database System) Act 2014 (11/2014)

Finance (No. 2) Act 2013 (41/2013)

Criminal Law (Human Trafficking) (Amendment) Act 2013 (24/2013)

Finance Act 2013 (8/2013)

Finance Act 2011 (6/2011)

Criminal Law (Insanity) Act 2010 (40/2010)

Prevention of Corruption (Amendment) Act 2010 (33/2010)

Dog Breeding Establishments Act 2010 (29/2010)

Criminal Procedure Act 2010 (27/2010)

Fines Act 2010 (8/2010)

Finance Act 2010 (5/2010)

Courts and Court Officers Act 2009 (36/2009)

Criminal Justice (Amendment) Act 2009 (32/2009)

Criminal Procedure (Amendment) Act 2007 (36/2007)

Criminal Justice Act 2007 (29/2007)

Consumer Protection Act 2007 (19/2007)

Prisons Act 2007 (10/2007)

International Criminal Court Act 2006 (30/2006)

Sea Pollution (Miscellaneous Provisions) Act 2006 (29/2006)

Criminal Justice Act 2006 (26/2006)

Criminal Law (Insanity) Act 2006 (11/2006)

Sea-Fisheries and Maritime Jurisdiction Act 2006 (8/2006)

Sea Pollution (Hazardous Substances) (Compensation) Act 2005 (9/2005)

Criminal Justice (Terrorist Offences) Act 2005 (2/2005)

Finance Act 2005 (5/2005)

Civil Liability and Courts Act 2004 (31/2004)

Maritime Security Act 2004 (29/2004)

Public Health (Tobacco) Act 2002 (6/2002)

Criminal Justice (Theft and Fraud Offences) Act 2001 (50/2001)

Prevention of Corruption (Amendment) Act 2001 (27/2001)

Children Act 2001 (24/2001)

Criminal Justice (Safety of United Nations Workers) Act 2000 (16/2000)

Criminal Justice (United Nations Convention Against Torture) Act 2000 (11/2000)

Criminal Justice Act 1999 (10/1999)

Finance Act 1999 (2/1999)

Air Navigation and Transport (Amendment) Act 1998 (24/1998)

Taxes Consolidation Act 1997 (39/1997)

Bail Act 1997 (16/1997)

Criminal Law Act 1997 (14/1997)

Criminal Justice (Miscellaneous Provisions) Act 1997 (4/1997)

Dumping at Sea Act 1996 (14/1996

Courts and Court Officers Act 1995 (31/1995)

Finance Act 1995 (8/1995)

Solicitors (Amendment) Act 1994 (27/1994)

Criminal Procedure Act 1993 (40/1993)

Criminal Justice Act 1993 (6/1993)

Criminal Evidence Act 1992 (12/1992)

Criminal Law (Rape) (Amendment) Act 1990 (32/1990)

Building Control Act 1990 (3/1990)

Bankruptcy Act 1988 (27/1988)

Data Protection Act 1988 (25/1998)

Broadcasting and Wireless Telegraphy Act 1988 (19/1988)

Air Navigation and Transport Act 1988 (15/1988)

Finance Act 1988 (12/1988)

Dublin Transport Authority (Dissolution) Act 1987 (34/1987)

International Carriage of Perishable Foodstuffs Act 1987 (20/1987)

Air Pollution Act 1987 (6/1987)

Courts (No.2) Act 1986 (26/1986)

Dublin Transport Authority Act 1986 (15/1986)

Canals Act 1986 (3/1986)

Criminal Justice Act 1984 (22/1984)

Control of Exports Act 1983 (35/1983)

Postal and Telecommunication Services Act 1983 (24/1983)

Finance Act 1983 (15/1983)

Companies (Amendment) Act 1983 (13/1983)

Local Government (Planning and Development) Act 1982 (21/1982)

Transport (Tour Operators and Travel Agents) Act 1982 (3/1982)

Merchant Shipping Act 1981 (33/1981)

Fire Services Act 1981 (30/1981)

Health (Mental Services) Act (17/1981)

Criminal Law (Rape) Act 1981 (10/1981)

Dumping At Sea Act 1981 (8/1981)

Casual Trading Act 1980 (43/1980)

Pyramid Selling Act 1980 (27/1980)

Trading Stamps Act 1980 (23/1980)

Packaged Gods (Quantity Control) Act 1980 (11/1980)

Fisheries Act 1980 (1/1980)

Merchant Shipping (Certification of Seamen) Act 1979 (37/1979)

Occasional Trading Act 1979 (35/1979)

Housing (Miscellaneous Provisions) Act 1979 (27/1979)

Health (Family Planning) Act 1979 (20/1979)

Tribunals of Inquiry (Evidence) (Amendment) Act 1979 (3/1979)

Tobacco Products (Control of Advertising, Sponsorship and Sales Promotion) Act 1978 (27/1978)

Fisheries (Amendment) Act 1978 (18/1978)

Criminal Law (Jurisdiction) Act 1976 (14/1976)

Prosecution of Offences Act 1974 (22/1974)

Genocide Act 1973 (28/1973)

Criminal Procedure (Amendment) Act 1973 (16/1973)

The Courts of Justice Act 1924 (16/1973)

All Acts up to and including Legal Metrology (Measuring Instruments) Act 2017 (31/2017), enacted 28 November 2017, were considered in the preparation of this revision.

Statutory instruments which affect or previously affected this revision

European Union (Birds and Natural Habitats) (Sea-fisheries) Regulations 2013 (S.I. No. 290 of 2013)

European Union (Textile Fibre Names and Related Labelling and Marking of the Fibre Composition of Textile Products) Regulations 2012 (S.I. No. 142 of 2012)

European Communities (Names and Labelling of Textile Products) Regulations 2010 (S.I. No. 485 of 2010)

European Communities (Habitats and Birds) (Sea-fisheries) Regulations 2009 (S.I. No. 346 of 2009)

European Communities (Pre-packed Products) Regulations 2008 (S.I. No. 566 of 2008)

Criminal Procedure Act 1967 (Commencement of Section 3 and Parts II and III) Order 1967 (S.I. No. 182 of 1967)

All statutory instruments up to and including Criminal Justice (Victims of Crime) Act 2017 (Commencement) Order 2017 (S.I. No. 530 of 2017), made 24 November 2017, were considered in the preparation of this revision.


Number 12 of 1967


CRIMINAL PROCEDURE ACT 1967

REVISED

Updated to 27 November 2017


ARRANGEMENT OF SECTIONS

PART I

Preliminary

Section

1.

Short title.

2.

Commencement.

3.

Repeals.

4.

Prosecutor.

PART IA

Proceedings Relating to Indictable Offences

Section

4A.

Accused to be sent forward for trial.

4B.

Service of documents on accused, etc.

4C.

Additional documents.

4D.

Examination of exhibits.

4E.

Application by accused for dismissal of charge.

4F.

Taking of evidence by District Court.

4G.

Admissibility of deposition or videorecording.

4H.

Legal Aid.

4I.

Power to exclude public.

4J.

Proceedings not to be published or broadcast.

4K.

Witness order.

4L.

Witness summons.

4M.

Amendment of charges.

4N.

Joinder of unrelated charges.

4O.

Correction of defect in charge.

4P.

Transfer of proceedings from Circuit Court to Central Criminal Court.

4Q.

Jurisdiction of Circuit Court to remand accused to alternative circuit and hear applications.

PART II

Guilty Pleas and Other Matters

5.

Procedure. (repealed)

6.

Documents to be served on accused. (repealed)

7.

Preliminary examination. (repealed)

8.

Decision on preliminary examination. (repealed)

9.

Witness order. (repealed)

10.

Witness summons. (repealed)

11.

Additional documents. (repealed)

12.

Waiver by accused of preliminary examination. (repealed)

13.

Procedure where accused pleads guilty in District Court to indictable offence.

14.

Further power to take depositions. (repealed)

15.

Deposition as evidence. (repealed)

16.

Power to exclude public. (repealed)

17.

Prohibition of publication of proceedings. (repealed)

18.

Inclusion of further counts in indictment. (repealed)

19.

Amendment of Criminal Justice Act, 1951, and Criminal Justice (Legal Aid) Act, 1962.

20.

Consent of Attorney General.

PART III

Remand

21.

Power to remand.

22.

Remand in custody or on bail by the District Court.

23.

Form of recognisance.

24.

Period of remand.

25.

Remand to custody of Garda Síochána.

26.

Acceptance of deposit in lieu of sureties.

27.

Sufficiency of bailsmen. (repealed)

28.

Provisions as to admission to bail.

29.

Bail in case of treason, murder and certain other offences.

30.

Endorsement on warrants as to release on bail. (repealed)

31.

Release on bail in certain cases by members of Garda Síochána.

32.

Proceedings to estreat recognisance.

33.

Arrest of accused about to abscond. (repealed)

PART IV

Miscellaneous

34.

Reference of question of law to Supreme Court.

35.

Amendment of section 52 of Extradition Act, 1965.

36.

Explanation of “imprisonment” in Part III of Extradition Act, 1965.

37.

Offences under the law of Scotland. (repealed)

38.

Offences under the laws of the Channel Islands.

SCHEDULE

Enactments Repealed



Number 12 of 1967


CRIMINAL PROCEDURE ACT 1967

REVISED

Updated to 27 November 2017


AN ACT TO ESTABLISH A NEW PROCEDURE FOR THE PRELIMINARY EXAMINATION OF INDICTABLE OFFENCES AND FOR THIS AND OTHER PURPOSES TO AMEND CRIMINAL LAW AND ADMINISTRATION. [13 th June, 1967]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:—

Annotations:

Modifications (not altering text):

C1

Application of Act restricted by The Courts of Justice Act 1924 (10/1924) s. 79(3) as inserted (15.12.1995) by Courts and Court Officers Act 1995 (31/1995) s. 41, commenced on enactment.

Exercise by the Justices severally of jurisdictions.

79.— ...

(3) A judge of the District Court exercising jurisdiction under subsection (2) of this section shall not have jurisdiction to conduct a preliminary examination under the provisions of the Criminal Procedure Act, 1967, unless that jurisdiction is exercised in the District Court District—

(a) where the crime was committed, or

(b) where the accused resides or was arrested.

...