Criminal Procedure Act 1993


Number 40 of 1993


CRIMINAL PROCEDURE ACT 1993

REVISED

Updated to 17 February 2020


This Revised Act is an administrative consolidation of the Criminal Procedure Act 1993. 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 the Consumer Insurance Contracts Act 2019 (53/2019), enacted 26 December 2019, and all statutory instruments up to and including the Occupational Pension Schemes (Revaluation) Regulations 2020 (S.I. No. 52 of 2020), made 17 February 2020, 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 40 of 1993


CRIMINAL PROCEDURE ACT 1993

REVISED

Updated to 17 February 2020


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Where other legislation is amended by this Act, those amendments may have been superseded by other amendments in other legislation, or the amended legislation may have been repealed or revoked.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 1972, 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

Court of Appeal Act 2014 (18/2004)

Transfer of Execution of Sentences Act 2005 (28/2005)

Courts and Court Officers Act 1995 (31/1995)

All Acts up to and including Consumer Insurance Contracts Act 2019 (53/2019), enacted 26 December 2019, were considered in the preparation of this revision.

Statutory instruments which affect or previously affected this revision

None.

All statutory instruments up to and including Occupational Pension Schemes (Revaluation) Regulations 2020 (S.I. No. 52 of 2020), made 17 February 2020, were considered in the preparation of this revision.


Number 40 of 1993


CRIMINAL PROCEDURE ACT 1993

REVISED

Updated to 17 February 2020


ARRANGEMENT OF SECTIONS


Acts Referred to

Courts of Justice Act, 1924

1924, No. 10

Courts of Justice Act, 1928

1928, No. 15

Courts-Martial Appeals Act, 1983

1983, No. 19

Criminal Justice (Legal Aid) Act, 1962

1962, No. 12

Criminal Procedure Act, 1967

1967, No. 12

Defence Act, 1954

1954, No. 18

Offences Against the State Act, 1939

1939, No. 13

Tribunals of Inquiry (Evidence) Act, 1921

11 Geo. 5., c. 7

Tribunals of Inquiry (Evidence) (Amendment) Act, 1979

1979, No. 3


Number 40 of 1993


CRIMINAL PROCEDURE ACT 1993

REVISED

Updated to 17 February 2020


AN ACT TO PROVIDE FOR JUDICIAL REVIEW OF CERTAIN CONVICTIONS AND SENTENCES, FOR PRESENTATION OF PETITIONS FOR THE GRANT OF PARDON ON THE GROUNDS OF MISCARRIAGE OF JUSTICE, FOR PAYMENT OF COMPENSATION BY THE STATE TO OR IN RESPECT OF PERSONS CONVICTED AS A RESULT OF A MISCARRIAGE OF JUSTICE AND FOR CONNECTED MATTERS. [29 th December, 1993]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

Annotations:

Modifications (not altering text):

C1

Application of Act restricted (1.02.2007) by Transfer of Execution of Sentences Act 2005 (28/2005), ss. 10(1), 11, S.I. No. 647 of 2006.

Execution of sentence imposed in sentencing country.

10.—(1) Subject to subsections (2) and (3), the High Court may, where a person is—

( a) brought before it under subsection (8) of section 8,

( b) brought before it under subsection (4) of section 9 at the same time as the certificate is produced in accordance with the said subsection (4), or

( c) before the High Court, by reason of having been remanded under the said subsection (4), at the same time as, or at any time after, the certificate is produced in accordance with the said subsection (4),

make an order committing the person to a prison [... ] for a period equal to—

(i) in the case of a person who fled from the sentencing country before he or she began serving the sentence concerned, the period of the sentence less the deductible period, or

(ii) in the case of a person who served part of the sentence concerned but fled from the sentencing country before he or she completed serving that sentence, the period of the sentence that remains unserved less the deductible period.

...

Criminal Procedure Act 1993 disapplied.

11.—The Criminal Procedure Act 1993 shall not apply to a person to whom an order under subsection (1) of section 10 applies.

C2

Application of Act restricted (17.07.1995) by Transfer of Sentenced Person Act 1995 (16/1995), s. 7(9), commenced on enactment.

Issue of warrants for bringing of persons into State.

7.— ...

(9) The Criminal Procedure Act, 1993, shall not apply to a person in respect of whom a warrant is issued under this section.