Criminal Evidence Act 1992

Interpretation (general).

2

2. (1) In this Act—

the Act of 1935” means the Criminal Law Amendment Act, 1935;

court” includes court-martial;

criminal proceedings” includes proceedings before a court-martial and proceedings on appeal;

document” includes—

(i) a map, plan, graph, drawing or photograph, or

(ii) a reproduction in permanent legible form, by a computer or other means (including enlarging), of information in non-legible form;

information” includes any representation of fact, whether in words or otherwise;

information in non-legible form” includes information on microfilm, microfiche, magnetic tape or disk;

F3 [ sexual offence means rape, sexual assault (within the meaning of section 2 of the Criminal Law (Rape) (Amendment) Act 1990 ), aggravated sexual assault (within the meaning of section 3 of that Act), rape under section 4 of that Act or an offence under

( a ) section 3 or 6 of the Criminal Law Amendment Act 1885 ,

( b ) section 5 of the Criminal Law (Sexual Offences) Act 1993 ,

( c ) section 6 of the Criminal Law (Sexual Offences) Act 1993 ,

( d ) section 1 or 2 of the Punishment of Incest Act 1908 ,

( e ) section 4A or 5A of the Child Trafficking and Pornography Act 1998 ,

( f ) section 249 of the Children Act 2001 ,

( g ) the Criminal Law (Sexual Offences) Act 2006 , or

( h ) section 3 , 4 , 5 , 6 , 7 or 8 of the Criminal Law (Sexual Offences) Act 2017,

excluding an attempt to commit any such offence; ]

videorecording” means any recording, on any medium, from which a moving image may by any means be produced and includes the accompanying soundtrack (if any), and cognate words shall be construed accordingly.

(2) Nothing in Part II or in section 30 shall prejudice the admissibility in evidence in any criminal proceedings of information contained in a document that is otherwise so admissible.

(3) Where in any criminal proceedings the age of a person at any time is material for the purposes of any provision of this Act, his age at that time shall for the purposes of that provision be deemed, unless the contrary is proved, to be or to have been that which appears to the court to be or to have been his age at that time.

(4) In this Act—

( a) a reference to a Part or section is to a Part or section of this Act, unless it is indicated that reference to some other enactment is intended,

( b) a reference to a subsection or paragraph is to the subsection or paragraph of the provision in which the reference occurs, unless it is indicated that reference to some other provision is intended.

(5) A reference in this Act to any enactment shall be construed as a reference to that enactment as amended, adapted or extended by or under any subsequent enactment (including this Act).

Annotations:

Amendments:

F3

Substituted (30.05.2018) by Criminal Law (Sexual Offences) Act 2017 (2/2017), s. 34, S.I. No. 172 of 2018.

Editorial Notes:

E12

Previous affecting provision: definition of “sexual offence” substituted (4.03.1997) by Criminal Justice (Miscellaneous Provisions) Act 1997 ( 4/1997), s. 16, commenced on enactment; para. (aa) inserted (7.03.2007) by Criminal Law (Sexual Offences) (Amendment) Act 2007 (6/2007), s. 4(1), commenced on enactment; and para. (e) substituted (7.06.2008) by Criminal Law (Human Trafficking) Act 2008 (8/2008), s. 12(a)(ii), commenced as per s. 15(2); definition substituted as per F-note above.

E13

Definition of “sexual offence” para. (iv) inserted (2.06.2006) by Criminal Law (Sexual Offences) Act 2006 (15/2006), s. 7(2), commenced on enactment; deleted (7.06.2008) by Criminal Law (Human Trafficking) Act 2008 (8/2008), s. 12(a)(i), commenced as per s. 15(2).