Criminal Justice Act 1984


Number 22 of 1984


CRIMINAL JUSTICE ACT 1984

REVISED

Updated to 28 August 2017


This revised Act is an administrative consolidation of the Criminal Justice Act 1984. 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 National Shared Services Office Act 2017 (26/2017), enacted 26 July 2017, and all statutory instruments up to and including Criminal Justice Act 1984 (Suspension of Detention under Section 4(3A)) (Persons under 18 years of age) Regulations 2017 (S.I. No. 380 of 2017), made 22 August 2017, were considered in the preparation of this revision.

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 do 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 22 of 1984


CRIMINAL JUSTICE ACT 1984

REVISED

Updated to 28 August 2017


Introduction

This revision presents the text of the Act as it has been amended since enactment, and preserves the format in which it was first 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Where other legislation is amended by this Act, those amendments may have been superseded by other amendments in other legislation, or the amended legislation may have been repealed or revoked.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 1994, 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 Act 2017 (14/2017)

Competition and Consumer Protection Act 2014 (29/2014)

State Airports (Shannon Group) Act 2014 (27/2014)

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

Animal Health and Welfare Act 2013 (15/2013)

Criminal Justice Act 2011 (22/2011)

Criminal Procedure Act 2010 (27/2010)

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

Criminal Justice (Miscellaneous Provisions) Act 2009 (28/2009)

Criminal Justice Act 2007 (29/2007)

Criminal Justice Act 2006 (26/2006)

Garda Síochána Act 2005 (20/2005)

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

Children Act 2001 (24/2001)

Criminal Justice Act 1999 (10/1999)

Bail Act 1997 (16/1997)

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

Criminal Assets Bureau Act 1996 (31/1996)

Criminal Justice (Drug Trafficking) Act 1996 (29/1996)

Criminal Justice (Forensic Evidence) Act 1990 (34/1990)

Garda Síochána (Complaints) Act 1990 (29/1986)

All Acts up to and including National Shared Services Office Act 2017 (26/2017), enacted 26 July 2017, were considered in the preparation of this revision.

Statutory instruments which affect or previously affected this revision

Criminal Justice Act 1984 (Suspension of Detention under Section 4(3A)) (Persons under 18 years of age) Regulations 2017 (S.I. No. 380 of 2017)

European Union (Identification of Equidae) Regulations 2015 (S.I. No. 62 of 2016)

European Union (Identification of Equidae) Regulations 2014 (S.I. No. 207 of 2014)

European Union (Animal By-Products) Regulations 2014 (S.I. No. 187 of 2014)

European Union (Protection of Animals at the Time of Killing) Regulations 2013 (S.I. No. 292 of 2013)

European Union (Cereal Seed) Regulations 2013 (S.I. No. 217 of 2013)

European Communities (Spirits Drinks)(Amendment) Regulations 2013 (S.I. No. 118 of 2013)

European Communities (Pet Passport) Regulations 2012 (S.I. No. 504 of 2012)

European Communities (Import of Personal Consignments of Products of Animal Origin) Regulations 2012 (S.I. No. 374 of 2012)

Criminal Justice Act 1984 (Suspension of Detention under section 4(3A)) Regulations 2011 (S.I. No. 416 of 2011)

Criminal Justice Act 1984 (Electronic Recording of Interviews) (Amendment) Regulations 2010 (S.I. No. 560 of 2010)

Criminal Justice Act 1984 (Electronic Recording of Interviews) (Amendment) Regulations 2009 (S.I. No. 168 of 2009)

Criminal Justice Act 1984 (Treatment of Persons in Custody in Garda SÍochána Stations) (Amendment) Regulations 2006 (S.I. No. 641 of 2006)

Criminal Justice Act 1984 (Electronic Recording of Interviews) Regulations 1997 (S.I. No. 74 of 1997)

Criminal Justice Act 1984 (Commencement) Order 1987 (S.I. No. 150 of 1987)

Criminal Justice Act 1984 (Treatment of Persons in Custody in Garda Síochána Stations) Regulations 1987 (S.I. No. 119 of 1987)

Criminal Justice Act 1984 (Treatment of Persons in Custody in Garda Síochána Stations) Regulations, 1987 (S.I. No. 119 of 1987)

All statutory instruments up to and including Criminal Justice Act 1984 (Suspension of Detention under Section 4(3A)) (Persons under 18 years of age) Regulations 2017 (S.I. No. 380 of 2017), made 22 August 2017, were considered in the preparation of this revision.


Number 22 of 1984


CRIMINAL JUSTICE ACT 1984

REVISED

Updated to 28 August 2017


ARRANGEMENT OF SECTIONS

Section

1.

Commencement.

2.

Duration of certain sections.

3.

Interpretation.

Detention of Arrested Persons in Garda Síochána Custody in Certain Circumstances

4.

Detention after arrest.

4A.

Power to arrest and return person for purpose of continuation of detention.

4B.

Offence of failing to return to Garda Síochána station.

4C.

Regulations regarding suspension of person’s detention under section 4(3A).

5.

Access to solicitor and notification of detention.

5A.

Questioning of persons detained under section 4 not generally permitted pending access to legal advice.

5B.

Regulations regarding access to solicitor during detention.

6.

Powers of Garda Síochána in relation to detained person.

6A.

Use of reasonable force in certain circumstances.

7.

Regulations regarding treatment of persons in custody.

8.

[ Destruction of fingerprints, palm prints and photographs.]

8A.

Extension of retention period under section 8 for fingerprints, palm prints and photographs in certain circumstances.

8B.

Destruction of fingerprints, palm prints and photographs in exceptional circumstances.

8C.

Dismissal of charges, quashing of convictions and determination of proceedings.

8D.

Circumstances in which person to be informed of destruction of fingerprint, palm print or photograph.

8E.

Application of certain sections to Garda Síochána Ombudsman Commission.

8F.

Delegation of functions of Commissioner under certain sections.

8G.

Service of notices.

8H.

Records.

8I.

Application of sections 8 to 8H.

9.

Application to persons in custody under section 30 of Offences against the State Act, 1939.

10.

Rearrest.

Offences Committed while on Bail and other Offences

11.

Offences committed while on bail: consecutive sentences.

12.

Increase of aggregate term of imprisonment in certain cases.

13.

Failure to surrender to bail.

14.

Increase of penalties for certain firearms offences.

15.

Withholding information regarding firearms or ammunition.

16.

Withholding information regarding stolen property, etc.

17.

Maximum fine on summary conviction of certain indictable offences.

Inferences from Accused's Failure to Account for Certain Matters

18.

Inferences from failure, refusal to account for objects, marks, etc.

19.

Inferences from accused’s presence at a particular place.

19A.

Inferences from failure of accused to mention particular facts.

Trial Procedure

20.

Notice of alibi in trials on indictment.

21.

Proof by written statement.

22.

Proof by formal admission.

23.

Abolition of right of accused to make unsworn statement.

24.

Order of closing speeches.

25.

Majority verdicts.

Miscellaneous

26.

Proceedings after arrest.

27.

Electronic recording of questioning.

28.

[ Taking of fingerprints, palmprints or photographs of person dealt with under Probation of Offenders Act, 1907, or convicted. ]

29.

Application of Act to courts-martial.

30.

Laying of regulations before Houses of Oireachtas.

31.

Expenses.

32.

Short title.


Acts Referred to

Children Act, 1908

1908, c. 67

Criminal Justice Act, 1951

1951, No. 2

Criminal Justice (Evidence) Act, 1924

1924, No. 37

Criminal Law Act, 1976

1976, No. 32

Criminal Law (Jurisdiction) Act, 1976

1976, No. 14

Criminal Procedure Act, 1865

1865, c. 18

Criminal Procedure Act, 1967

1967, No. 12

Explosive Substances Act, 1883

1883, c. 3

Firearms Act, 1925

1925, No. 17

Firearms Act, 1964

1964, No. 1

Firearms Acts, 1925 to 1971

Misuse of Drugs Act, 1977

1977, No. 12

Offences against the State Act, 1939

1939, No. 13

Probation of Offenders Act, 1907

1907, c. 17


Number 22 of 1984


CRIMINAL JUSTICE ACT 1984

REVISED

Updated to 28 August 2017


AN ACT TO AMEND CRIMINAL LAW AND PROCEDURE. [6 th December, 1984]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS: