Criminal Procedure Act 1967

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

29

29.— (1) This section applies to each of the following offences—

( a) treason,

( b) an offence under section 2 or 3 of the Treason Act, 1939,

( c) an offence under section 6, 7 or 8 of the Offences Against the State Act, 1939,

( d) a grave breach such as is referred to in section 3 (1) (i) of the Geneva Conventions Act, 1962,

( e) an offence under section 9 of the Official Secrets Act, 1963, or an offence under Part II of that Act committed in a manner prejudicial to the safety or preservation of the State,

( f) murder, attempt to murder, conspiracy to murder or piracy, including an accessory before or after the fact.

F65 [ ( g ) an offence under section 3, as amended, of the Geneva Conventions Act 1962 or an offence under section 7 or 8 of the International Criminal Court Act 2006. ]

F66 [ ( h ) an offence under the Criminal Justice (United Nations Convention against Torture) Act, 2000. ]

F67 [ ( i ) the offence of murder under section 2 of the Criminal Justice (Safety of United Nations Workers) Act, 2000, or an attempt or conspiracy to commit that offence. ]

F68 [ ( j ) the offence of killing or attempted killing under paragraph (h) or (j) of section 2 (1) of the Maritime Security Act 2004. ]

F69 [ ( k ) the offence of murder under section 6 or 11 of the Criminal Justice (Terrorist Offences) Act 2005 or an attempt to commit such offence. ]

F70 [ ( l ) an offence under section 71 , F71 [ 71A, ] 72 or 73 of the Criminal Justice Act 2006. ]

(2) A person charged with an offence to which this section applies shall not be admitted to bail except by order of the High Court.

(3) If in the course of proceedings, including proceedings on appeal, in relation to the grant of bail to a person charged with an offence under paragraph ( a), ( b), ( c) or ( e) of subsection (1), application is made by the prosecutor, on the ground that the publication of any evidence or statement to be given or made during any part of the hearing would be prejudicial to the safety or preservation of the State, that that part of the proceedings should be in camera, the Court shall make an order to that effect, but the decision of the Court shall be announced in public.

Annotations:

Amendments:

F65

Substituted (31.10.2006) by International Criminal Court Act 2006 (30/2006), s. 66 and sch. para. 3(5)(b), commenced on enactment.

F66

Inserted (14.06.2000) by Criminal Justice (United Nations Convention Against Torture) Act 2000 (11/2000), s. 8(b), commenced on enactment.

F67

Inserted (28.06.2000) by Criminal Justice (Safety of United Nations Workers) Act 2000 (16/2000), s. 7(b), commenced on enactment.

F68

Inserted (19.07.2004) by Maritime Security Act 2004 (29/2004), s. 10(b), commenced on enactment.

F69

Inserted (8.03.2005) by Criminal Justice (Terrorist Offences) Act 2005 (2/2005), s. 59(b), commenced on enactment.

F70

Inserted (1.08.2006) by Criminal Justice Act 2006 (26/2006), s. 78(b), S.I. No. 390 of 2006.

F71

Inserted (23.07.2009) by Criminal Justice (Amendment) Act 2009 (32/2009), s. 17(b), commenced on enactment.

Editorial Notes:

E26

Previous affecting provision: subs. (1)(g) inserted (18.12.1973) by Genocide Act 1973 (28/1973), s. 7, commenced on enactment; substituted by F-note above.