Criminal Evidence Act 1992

PART I

Preliminary

Short title and commencement.

1

1. (1) This Act may be cited as the Criminal Evidence Act, 1992.

(2) This Act (except Part III and section 29 ) shall come into operation three months after the date of its passing.

(3) Part III and section 29 shall come into operation on such day or days as may be fixed therefor by order or orders of the Minister for Justice and different days may be so fixed for different purposes and different provisions; and, in particular, any of the provisions of sections 13 to 16 and section 29 may be brought into operation on different days for different courts and for different circuits and district court districts.

(4) ( a) The provisions of this Act (other than Part III F1 [ (except sections 14A , 15 , 16(1)(b) , 18 and 19A ) ] and section 29 ) shall not apply to criminal proceedings instituted before the commencement of the provisions concerned.

( b) For the purposes of paragraph (a) criminal proceedings are instituted—

(i) when a summons or warrant of arrest is issued in respect of an offence,

(ii) when a person is arrested without a warrant, or

(iii) when a person is remanded for trial pursuant to F2 [ Chapter IV of Part V ].

Annotations:

Amendments:

F1

Substituted (30.05.2018) by Criminal Law (Sexual Offences) Act 2017 (2/2017), s. 33, S.I. No. 172 of 2018.

F2

Substituted (1.09.2008) by Defence (Amendment) Act 2007 (24/2007), s. 11 and sch. 4 part 3, S.I. No. 254 of 2008.

Editorial Notes:

E1

Power pursuant to subs. (3) exercised (30.05.2018) by Criminal Evidence Act 1992 (Section 13) (Commencement) Order 2018 (S.I. No. 186 of 2018).

2. The 30th day of May 2018 is fixed as the day on which section 13 of the Criminal Evidence Act 1992 (No. 12 of 1992) shall come into operation for—

(a) the District Court sitting in District No. 10,

(b) the District Court sitting in District No. 12,

(c) the District Court sitting in District No. 23,

(d) the District Court sitting in District No. 24, and

(e) the District Court sitting in District No. 25.

E2

Power pursuant to subs. (3) exercised (2.06.2015) by Criminal Evidence Act, 1992 (Section 13) (Commencement) Order 2015 (S.I. No. 205 of 2015).

2. The 2nd day of June 2015 is fixed as the day on which section 13 of the Criminal Evidence Act 1992 (No. 12 of 1992) shall come into operation for—

(a) the Circuit Court sitting in the Eastern Circuit,

(b) the Circuit Court sitting in the Northern Circuit,

(c) the Circuit Court sitting in the South-Western Circuit,

(d) the Circuit Court sitting in the Western Circuit,

(e) the District Court sitting in District No. 1,

(f) the District Court sitting in District No. 2,

(g) the District Court sitting in District No. 3,

(h) the District Court sitting in District No. 5,

(i) the District Court sitting in District No. 6,

(j) the District Court sitting in District No. 7,

(k) the District Court sitting in District No. 13,

(l) the District Court sitting in District No. 15, and

(m) the District Court sitting in District No. 22.

E3

Power pursuant to subs. (3) exercised (15.10.2008) by Criminal Evidence Act, 1992 (Sections 16(1)(B) and 19) (Commencement) Order 2008 (S.I. No. 401 of 2008).

2. The 15th day of October 2008 is hereby fixed as the day on which the following sections of the Criminal Evidence Act 1992 (No. 12 of 1992) shall come into operation

(a) section 16(1)(b), and

(b) section 19 in so far as it relates to the reference in it to section 16(1)(b).

E4

Power pursuant to subs. (3) exercised (20.08.2007) by Criminal Evidence Act, 1992 (Section 13) (Commencement) (No. 2) Order 2007 (S.I. No. 572 of 2007).

2. The 20th day of August 2007 is fixed as the day on which section 13 of the Criminal Evidence Act 1992 (No. 12 of 1992) shall come into operation for—

(a) the Circuit Court sitting in the Midland Circuit, and

(b) the District Court sitting in District No. 9.

E5

Power pursuant to subs. (3) exercised (12.02.2007) by Criminal Evidence Act 1992 (Section 13) (Commencement) Order 2007 (S.I. No. 52 of 2007).

2. The 12th day of February 2007 is fixed as the day on which section 13 of the Criminal Evidence Act 1992 (No. 12 of 1992) shall come into operation for —

(a) the Circuit Court sitting in the South Eastern Circuit, and

(b) the District Court sitting in District No. 8.

E6

Power pursuant to subs. (3) exercised (8.07.2005) by Criminal Evidence Act, 1992 (Sections 13) (Commencement) (No. 2) Order 2005 (S.I. No. 296 of 2005).

2. The 8th day of July 2005 is fixed as the day on which section 13 of the Criminal Evidence Act 1992 shall come into operation for the District Court sitting in District No. 19.

E7

Power pursuant to subs. (3) exercised (2.05.2005) by Criminal Evidence Act, 1992 (Section 13) (Commencement) Order 2005 (S.I. No. 221 of 2005).

2. The 2nd day of May 2005 is fixed as the day on which section 13 of the Criminal Evidence Act 1992 shall come into operation for the Circuit Court sitting in the Cork Circuit.

E8

Power pursuant to subs. (3) exercised (6.10.1997) by Criminal Evidence Act, 1992 (Sections 29) (Commencement) Order 1997 (S.I. No. 371 of 1997).

2. The 6th day of October, 1997, is hereby fixed as the day on which section 29 of the Criminal Evidence Act, 1992 (No. 12 of 1992), shall generally come into operation.

E9

Power pursuant to subs. (3) exercised (3.03.1997) by Criminal Evidence Act, 1992 (Sections 14 and 19) (Commencement) Order 1997 (S.I. No. 66 of 1997).

2. The 3rd day of March, 1997, is hereby fixed as the day on which the following sections of Part III of the Criminal Evidence Act, 1992 (No. 12 of 1992), shall come into operation—

( a ) section 14, and

( b ) section 19 in so far as it relates to the reference in it to section 14 (1) (b).

E10

Power pursuant to subs. (3) exercised (30.09.1993) by Criminal Evidence Act, 1992 (Sections 13, 15 (4), 16, 17 and 19) (Commencement) Order 1993 (S.I. No. 288 of 1993).

2. The 30th day of September, 1993, is hereby fixed as the day on which the following sections of Part III of the Criminal Evidence Act, 1992 (No. 12 of 1992), shall come into operation—

( a ) section 13 for the Dublin Metropolitan District of the District Court

( b ) subsection (4) of section 15 for the Dublin Metropolitan District of the District Court,

( c ) section 16, except subsection (1) (b), for the Dublin Metropolitan District of the District Court,

( d ) section 17, and

( e ) section 19 in so far as it relates to the reference in it to section 16 (1) (a).

E11

Power pursuant to subs. (3) exercised (15.02.1993) by Criminal Evidence Act, 1992 (Sections 12, 13, 18 and 19) (Commencement) Order 1993 (S.I. No. 38 of 1993).

2. The 15th day of February, 1993, is hereby fixed as the day on which the following sections of Part III of the Criminal Evidence Act, 1992 (No. 12 of 1992), shall come into operation—

( a ) sections 12 and 18,

( b ) section 13 for the Central Criminal Court and the Dublin Circuit Criminal Court, and

( c ) section 19 in so far as it relates to the reference in it to section 13 (1) (a).