Criminal Justice Act 2006


Number 26 of 2006


CRIMINAL JUSTICE ACT 2006

REVISED

Updated to 7 April 2017


This Revised Act is an administrative consolidation of the Criminal Justice Act 2006. 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 Health (Amendment) Act 2017 (5/2017), enacted 31 March 2017, and all statutory instruments up to and including Prisons Act 2015 (Commencement) Order 2017 (S.I. No. 134 of 2017), made 5 April 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 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 26 of 2006


CRIMINAL JUSTICE ACT 2006

REVISED

Updated to 7 April 2017


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 first passed.

Related legislation

Firearms Acts 1925 to 2009 : this Act is one of a group of Acts included in this collective citation to be construed together as one ( Criminal Justice (Miscellaneous Provisions) Act 2009 (28/2009), s. 1(2)). The Acts in the group are:

Firearms Act 1925 (17/1925)

Firearms Act 1964 (1/1964)

Firearms (Proofing) Act 1968 (20/1968) (from 1.01.1991 onwards, the Firearms (Proofing) Act 1968 (20/1968) is excluded from the collective citation)

Firearms Act 1971 (13/1971)

Firearms and Offensive Weapons Act 1990 (12/1990), Part II

Firearms (Temporary Provisions) Act 1998 (32/1998), other than s.2

Firearms (Firearms Certificates for Non-Residents) Act 2000 (20/2000), other than s.4

Criminal Justice Act 2006 (26/2006), Part 5 and sch. 1

Criminal Justice Act 2007 (29/2007), Part 6

Criminal Justice (Miscellaneous Provisions) Act 2009 (28/2009), Part 4

The European Communities (Acquisition and Possession of Weapons and Ammunition) Regulations 1993 (S.I. No. 362 of 1993), as amended, also deal with firearms.

Explosives Acts 1875 and 2006 : this Act is one of a group of Acts included in this collective citation to be construed together as one ( Criminal Justice Act 2006 (26/2006), s. 1(5)). The Acts in the group are:

Explosives Act 1875 (38 & 39 Vic., c. 17)

Criminal Justice Act 2006 (26/2006), Part 6 and sch. 2

Misuse of Drugs Acts 1977 to 2016 : this Act is one of a group of Acts included in this collective citation to be construed together as one ( Misuse of Drugs (Amendment) Act 2016 (9/2016), s. 8(2)). The Acts in the group are:

Misuse of Drugs Act 1977 (12/1977)

Misuse of Drugs Act 1984 (18/1984)

Criminal Justice Act 1999 (10/1999)

Irish Medicines Board (Miscellaneous Provisions) Act 2006 (3/2006), Part 2

Criminal Justice Act 2006 (26/2006), Part 8 other than s. 86

Criminal Justice Act 2007 (29/2007), Part 5

Misuse of Drugs (Amendment) Act 2015 (6/2015)

Misuse of Drugs (Amendment) Act 2016 (9/2016)

Children Acts 2001 to 2015 : this Act is one of a group of Acts included in this collective citation ( Children (Amendment) Act 2015 (30/2015), s. 1(2)). The Acts in this group are:

Children Act 2001 (24/2001)

Health Act 2004 (42/2004), s. 75, in so far as it amends the Children Act 2001

Criminal Justice Act 2006 (26/2006), Part 12

Child Care (Amendment) Act 2007 (26/2007), Part 3 (except s. 21) and s. 1(3)

Child Care (Amendment) Act 2011 (19/2011), ss. 27, 32, 33, 37 to 45 and 47

Children (Amendment) Act 2015 (30/2015), Parts 1 and 2

Annotations

This Revised Act is annotated and includes textual and non-textual amendments, statutory instruments made pursuant to the Act and previous affecting provisions. A version without annotations, showing only textual amendments, is also available.

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 1996, 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 (Suspended Sentences of Imprisonment) Act 2017 (4/2017)

Prisons Act 2015 (57/2015)

Children (Amendment) Act 2015 (30/2015)

Merchant Shipping (Registration of Ships) Act 2014 (43/2014)

Court of Appeal Act 2014 (18/2014)

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

Fines (Payment and Recovery) Act 2014 (7/2014)

Taxi Regulation Act 2013 (37/2013)

Criminal Justice (Withholding of Information on Offences against Children and Vulnerable Persons) Act 2012 (24/2012)

Criminal Justice (Community Service) (Amendment) Act 2011 (24/2011)

Criminal Justice Act 2011 (22/2011)

Child Care (Amendment) Act 2011 (19/2011)

Criminal Procedure Act 2010 (27/2010)

Fines Act 2010 (8/2010)

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

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

Housing (Miscellaneous Provisions) Act 2009 (22/2009)

Criminal Justice Act 2007 (29/2007)

Child Care (Amendment) Act 2007 (26/2007)

Bail Act 1997 (16/1997)

Offences Against the State Act 1939 (13/1939)

Firearms Act 1925 (17/1925)

All Acts up to and including Health (Amendment) Act 2017 (5/2017), enacted 31 March 2017, were considered in the preparation of this revision.

Statutory instruments which affect or previously affected this revision

Housing (Tenant Purchase of Apartments) Regulations 2011 (S.I. No. 679 of 2011)

Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 418 of 2011)

European Communities (Acquisition and Possession of Weapons and Ammunition) (Amendment) Regulations 2010 (S.I. No. 493 of 2010)

Criminal Justice Act 2006 (Electronic Monitoring Devices) Regulations 2010 (S.I. No. 409 of 2010)

Criminal Justice Act 2006 (Commencement) Order 2010 (S.I. No. 336 of 2010)

Housing (Incremental Purchase) Regulations 2010 (S.I. No. 252 of 2010)

Criminal Justice Act 2006 (Commencement) Order 2009 (S.I. No. 309 of 2009)

Criminal Justice Act 2006 (Commencement) (No. 4) Order 2007 (S.I. No. 848 of 2007)

Criminal Justice Act 2006 (Commencement) (No. 3) Order 2007 (S.I. No. 600 of 2007)

Criminal Justice Act 2006 (Commencement) (No. 2) Order 2007 (S.I. No. 65 of 2007)

Criminal Justice Act 2006 (Commencement) Order 2007 (S.I. No. 25 of 2007)

Criminal Justice Act 2006 (Commencement) (No. 5) Order 2006 (S.I. No. 689 of 2006)

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 2006 (Commencement) (No. 4) Order 2006 (S.I. No. 622 of 2006)

Children Act 2001 (Amendments to Part 11) (Commencement) Order 2006 (S.I. No. 590 of 2006).

Criminal Justice Act 2006 (Commencement) (No. 3) Order 2006 (S.I. No. 586 of 2006)

Criminal Justice Act 2006 (Commencement) (No. 2) Order 2006 (S.I. No. 529 of 2006)

Criminal Justice Act 2006 (Commencement) Order 2006 (S.I. No. 390 of 2006)

European Communities (Acquisition and Possession of Weapons and Ammunition) Regulations 1993 (S.I. No. 362 of 1993)

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 Prisons Act 2015 (Commencement) Order 2017 (S.I. No. 134 of 2017), made 5 April 2017, were considered in the preparation of this revision.

Court decisions which affect or previously affected this revision

Moore v DPP [2016] IEHC 244


Number 26 of 2006


CRIMINAL JUSTICE ACT 2006

REVISED

Updated to 7 April 2017


ARRANGEMENT OF SECTIONS

PART 1

Preliminary and General

Section

1. Short title and commencement.

2. Interpretation.

3. Regulations.

4. Expenses.

PART 2

Investigation of Offences

5. Designation of place as crime scene.

6. Search warrants in relation to arrestable offences.

7. Power to seize and retain evidence.

8. Arrestable offences.

9. Amendment of section 4 of Act of 1984.

10. Amendment of Criminal Justice (Drug Trafficking) Act 1996.

11. Amendment of section 42 of Criminal Justice Act 1999.

12. Power of Garda Síochána to photograph arrested persons.

13. Amendment of Act of 1984.

14. Amendment of Criminal Justice (Forensic Evidence) Act 1990.

PART 3

Admissibility of Certain Witness Statements

15. Definitions ( Part 3 ).

16. Admissibility of certain witness statements.

17. Witness statements made to members of Garda Síochána.

18. Other witness statements.

19. Regulations concerning certain witness statements which are recorded.

20. Amendment of section 4E of Act of 1967.

PART 4

Appeals in Certain Criminal Proceedings

21. Reference of question of law to Supreme Court.

22. Decision of Court of Criminal Appeal final save on certificate of Court, Attorney General or Director of Public Prosecutions.

23. Amendment of section 2(2) of Criminal Justice Act 1993.

24. Appeal against order for costs.

PART 5

Amendment of Firearms Acts

25. Definitions ( Part 5 ).

26. Amendment of section 1 of Principal Act.

27. Amendment of section 2 of Principal Act.

28. New section 2A in Principal Act.

29. New section 2B in Principal Act.

30. Substitution of section 3 of Principal Act.

31. New section 3A in Principal Act.

32. Substitution of section 4 of Principal Act.

33. New section 4A in Principal Act.

34. New section 4B in Principal Act.

35. Substitution of section 5 of Principal Act.

36. Amendment of section 6 of Principal Act.

37. Amendment of section 8 of Principal Act.

38. Amendment of section 9 of Principal Act.

39. Amendment of section 10 of Principal Act.

40. New section 10A in Principal Act. (Repealed)

41. Amendment of section 11 of Principal Act.

42. Substitution of section 15 of Principal Act.

43. New section 15A in Principal Act.

44. Amendment of section 17 of Principal Act.

45. Substitution of section 25 of Principal Act.

46. New section 25A of Principal Act.

47. New section 25B in Principal Act.

48. New section 25C in Principal Act.

49. New section 25D in Principal Act.

50. Substitution of section 27 of Principal Act.

51. New section 27A in Principal Act.

Amendment of Firearms Act 1964

Amendment of Criminal Justice Act 1984

Amendment of Firearms and Offensive Weapons Act 1990

63. Amendment of Firearms and Offensive Weapons Act 1990.

64. New section 8A of Firearms and Offensive Weapons Act 1990.

65. New section 12A in Firearms and Offensive Weapons Act 1990.

66. Amendment of section 1 of Firearms (Firearm Certificates for Non-Residents) Act 2000.

67. Amendment of section 2 of Firearms (Firearm Certificates for Non-Residents) Act 2000.

PART 6

Amendment of Explosives Act 1875

68. Substitution of section 80 of Explosives Act 1875.

69. Other amendments of Explosives Act 1875.

PART 7

Organised Crime

70. Interpretation ( Part 7 ).

71. Offence of conspiracy.

71A. Offence of directing a criminal organisation.

71B. Provisions with respect to proof of criminal organisation’s existence.

72. Organised crime.

72A. Offences under this Part: inferences that may be drawn.

73. Commission of offence for criminal organisation.

74. Proceedings relating to offences committed outside State.

74A. Aggravating factor: serious offence committed as part of, or in furtherance of, activities of criminal organisation.

74B. Exclusion of evidence in certain circumstances.

75. Evidence in proceedings under this Part.

76. Liability for offences by bodies corporate.

77. Double jeopardy.

78. Amendment of Act of 1967.

79. Amendment of Schedule to Bail Act 1997.

PART 8

Misuse of Drugs

80. Definition.

81. Amendment of section 15A of Act of 1977.

82. Importation of controlled drugs in excess of certain value.

83. Supply of controlled drugs into prisons and places of detention.

84. Amendment of section 27 of Act of 1977.

85. Amendment of section 29 of Act of 1977.

86. Amendment of section 3(1) of Criminal Justice Act 1994.

PART 9

Obligations of Drug Trafficking Offenders to Notify Certain Information

87. Definitions ( Part 9 ).

88. Drug trafficking offences for purposes of this Part.

89. Persons subject to the requirements of this Part.

90. Period for which person is subject to requirements of this Part and related matters.

91. Supply of information to facilitate compliance with this Part.

92. Notification requirements.

93. Discharge from obligation to comply with requirements of this Part.

94. Offences in connection with notification requirements.

95. Application of this Part to persons convicted outside State.

96. Certificate as evidence of person’s being subject to requirements of this Part.

97. Proof of foreign conviction in certain cases.

PART 10

Sentencing

98. Definitions ( Part 10 ).

99. Power to suspend sentence.

100. Imposition of fine and deferral of sentence.

101. Restriction on movement order.

102. Electronic monitoring of restriction on movement order.

103. Variation of restriction on movement order.

104. Provisions regarding more than one restriction on movement order.

105. Non-compliance with restriction on movement order.

106. Amendment of section 5 of Criminal Justice Act 1951.

107. Documentary evidence in relation to offenders.

108. Temporary release of prisoners.

109. Documentary evidence in relation to prisoners on temporary release.

110. Amendment of section 2(1) of Criminal Justice Act 1960.

111. Regulations regarding electronic monitoring devices.

112. Electronic monitoring.

PART 11

Civil Proceedings in Relation to Anti-Social Behaviour

113. Interpretation and application of this Part.

114. Behaviour warnings.

115. Civil orders.

116. Appeals against a civil order.

117. Offences.

118. Legal aid.

119. Regulations (legal aid).

PART 12

Amendment of Children Act 2001

120. Interpretation ( Part 12 ).

121. Amendment of section 2 of Act of 2001.

122. Amendment of section 3 of Act of 2001.

123. Substitution of section 18 of Act of 2001.

124. Amendment of section 19 of Act of 2001.

125. Amendment of section 23 of Act of 2001.

126. Substitution of section 48 of Act of 2001.

127. Substitution of section 49 of Act of 2001.

128. Amendment of Title to Part 5 of Act of 2001.

129. Substitution of section 52 of Act of 2001.

130. Amendment of section 53 of Act of 2001.

131. Amendment of section 59 of Act of 2001.

132. New section 76A in Act of 2001.

133. New section 76B in Act of 2001.

134. New section 76C in Act of 2001.

135. Substitution of section 88 of Act of 2001.

136. Amendment of section 96 of Act of 2001.

137. Change in title of principal probation and welfare officer.

138. Amendment of section 91 of Act of 2001.

139. Substitution of section 93 of Act of 2001.

140. Amendment of section 136 of Act of 2001.

141. Substitution of section 149 of Act of 2001.

142. Amendment of section 155 of Act of 2001.

143. New section 156A in Act of 2001.

144. New section 156B in Act of 2001. (Repealed)

145. Amendment of section 157 of Act of 2001.

146. Substitution of section 159 of Act of 2001.

147. New section 159A in Act of 2001.

148. New section 159B in Act of 2001.

149. Amendment of section 161 of Act of 2001.

150. Amendment of section 165 of Act of 2001.

151. Substitution of section 185 of Act of 2001.

152. Substitution of section 186 of Act of 2001.

153. New section 186A in Act of 2001.

154. Substitution of section 198 of Act of 2001.

155. Amendment of section 215 of Act of 2001.

156. Amendment of section 227 of Act of 2001.

157. Amendment of section 230 of Act of 2001.

158. Minor and consequential amendments of Act of 2001.

PART 13

Anti-Social Behaviour by Children

159. New section 257A in Act of 2001.

160. New section 257B in Act of 2001.

161. New section 257C in Act of 2001.

162. New section 257D in Act of 2001.

163. New section 257E in Act of 2001.

164. New section 257F in Act of 2001.

165. New section 257G in Act of 2001.

166. New section 257H in Act of 2001.

PART 14

Criminal Law Codification Advisory Committee

167. Criminal Law Codification Advisory Committee.

168. Functions of Committee.

169. Membership of Committee.

170. Conditions of office of members of Committee.

171. Vacancies among members of Committee.

172. Meetings and procedure.

173. Programme of Work of Committee.

174. Funding of Committee.

175. Report of Committee.

PART 15

Miscellaneous

176. Reckless endangerment of children.

177. Restriction of section 10(4) of Petty Sessions (Ireland) Act 1851.

178. Amendment of Courts of Justice Act 1924.

179. Amendment of Courts (Supplemental Provisions) Act 1961.

180. Exercise of certain powers by judge of District Court outside district court district.

181. Anonymity of certain witnesses.

182. Information concerning property held in trust.

183. Possession of article intended for use in connection with certain offences.

183A. Possession of monies intended for use in connection with certain offences.

184. Amendment of Criminal Justice (Public Order) Act 1994.

185. Amendment of section 19 of Criminal Justice (Public Order) Act 1994.

186. Amendment of section 1 of Criminal Justice (United Nations Convention Against Torture) Act 2000.

187. Amendment of Offences Against the State Act 1939.

188. Amendment of section 5 of Criminal Evidence Act 1992.

189. Amendment of section 16B(7) of Proceeds of Crime Act 1996.

190. Amendment of section 14 of Criminal Assets Bureau Act 1996.

191. Amendment of section 5 of Prevention of Corruption (Amendment) Act 2001.

192. Amendment of Criminal Justice (Theft and Fraud Offences) Act 2001.

193. Amendment of section 25 of Petty Sessions (Ireland) Act 1851.

194. Execution of certain warrants.

195. Imprisonment or distress and sale of goods on conviction on indictment in default of payment of fine. (Repealed)

196. Amendment of section 6(2)( a) of Criminal Law Act 1976.

197. Amendment of section 13 of the Criminal Law (Insanity) Act 2006.

SCHEDULE 1

Increase of Certain Penalties under Firearms Acts 1925 to 2000

SCHEDULE 2

Increase in Certain Penalties under Explosives Act 1875

SCHEDULE 3

Offences for the purposes of restriction on movement orders

SCHEDULE 4

Minor and Consequential Amendments of Children Act 2001


Acts Referred to

Bail Act 1997

1997, No. 16

Child Care Act 1991

1991, No. 17

Children Act 1908

8 Edw. 7., c. 67

Children Act 2001

2001, No. 24

Courts (Supplemental Provisions) Act 1961

1961, No. 39

Courts of Justice Act 1924

1924, No. 10

Courts of Justice Act 1928

1928, No. 15

Criminal Assets Bureau Act 1996

1996, No. 31

Criminal Evidence Act 1992

1992, No. 12

Criminal Justice Act 1951

1951, No. 2

Criminal Justice Act 1960

1960, No. 27

Criminal Justice Act 1984

1984, No. 22

Criminal Justice Act 1993

1993, No. 6

Criminal Justice Act 1994

1994, No. 15

Criminal Justice Act 1999

1999, No. 10

Criminal Justice (Drug Trafficking) Act 1996

1996, No. 29

Criminal Justice (Forensic Evidence) Act 1990

1990, No. 34

Criminal Justice (Legal Aid) Act 1962

1962, No. 12

Criminal Justice (Miscellaneous Provisions) Act 1997

1997, No. 4

Criminal Justice (Public Order) Act 1994

1994, No. 2

Criminal Justice (Terrorist Offences) Act 2005

2005, No. 2

Criminal Justice (Theft and Fraud Offences) Act 2001

2001, No. 50

Criminal Justice (United Nations Convention Against Torture) Act 2000

2000, No. 11

Criminal Law Act 1976

1976, No. 32

Criminal Law Act 1997

1997, No. 14

Criminal Law (Insanity) Act 2006

2006, No. 11

Criminal Law (Jurisdiction) Act 1976

1976, No. 14

Criminal Law (Rape) (Amendment) Act 1990

1990, No. 32

Criminal Procedure Act 1865

28 & 29 Vic., c. 18

Criminal Procedure Act 1967

1967, No. 12

Education Act 1998

1998, No. 51

European Arrest Warrant Act 2003

2003, No. 45

Explosives Act 1875

38 & 39 Vic., c. 17

Extradition Act 1965

1965, No. 17

Firearms Act 1925

1925, No. 17

Firearms Act 1964

1964, No. 1

Firearms Acts 1925 to 2000

Firearms and Offensive Weapons Act 1990

1990, No. 12

Firearms (Firearm Certificates for Non-Residents) Act 2000

2000, No. 20

Garda Síochána Act 2005

2005, No. 20

Harbours Act 1946

1946, No. 9

Health Acts 1947 to 2006

Health and Social Care Professionals Act 2005

2005, No. 27

Immigration Act 2004

2004, No. 1

Local Government Act 2001

2001, No. 37

Mercantile Marine Act 1955

1955, No. 29

Misuse of Drugs Act 1977

1977, No. 12

Non-Fatal Offences Against the Person Act 1997

1997, No. 26

Offences Against the State Act 1939

1939, No. 13

Offences Against the State Acts 1939 to 1998

Petty Sessions (Ireland) Act 1851

14 & 15 Vic., c. 93

Police (Property) Act 1897

60 & 61 Vic., c. 30

Prevention of Corruption (Amendment) Act 2001

2001, No. 27

Prevention of Corruption Acts 1889 to 2001

Prisons Act 1970

1970, No. 11

Prisons Acts 1826 to 1980

Proceeds of Crime Act 1996

1996, No. 30

Road Traffic Act 1961

1961, No. 24

Sex Offenders Act 2001

2001, No. 18

Statutory Declarations Act 1938

1938, No. 37

Vocational Education Act 1930

1930, No. 29

Wildlife Act 1976

1976, No. 39


Number 26 of 2006


CRIMINAL JUSTICE ACT 2006

REVISED

Updated to 7 April 2017


AN ACT TO AMEND AND EXTEND THE POWERS OF THE GARDA SÍOCHÁNA IN RELATION TO THE INVESTIGATION OF OFFENCES; TO AMEND CRIMINAL LAW AND PROCEDURE IN OTHER RESPECTS, INCLUDING PROVISION FOR THE ADMISSIBILITY IN EVIDENCE OF CERTAIN WITNESS STATEMENTS, AN EXTENSION OF THE CIRCUMSTANCES IN WHICH THE ATTORNEY GENERAL IN ANY CASE OR, IF HE OR SHE IS THE PROSECUTING AUTHORITY IN A TRIAL, THE DIRECTOR OF PUBLIC PROSECUTIONS MAY REFER A QUESTION OF LAW TO THE SUPREME COURT FOR DETERMINATION OR TAKE AN APPEAL IN CRIMINAL PROCEEDINGS, PROVISION FOR OFFENCES RELATING TO ORGANISED CRIME, AMENDMENTS TO THE MISUSE OF DRUGS ACT 1977, AN OBLIGATION, IN THE INTERESTS OF THE COMMON GOOD, ON PERSONS CONVICTED ON INDICTMENT OF CERTAIN DRUG TRAFFICKING OFFENCES TO NOTIFY CERTAIN INFORMATION TO THE GARDA SÍOCHÁNA, PROVISIONS IN RELATION TO SENTENCING, A RESTRICTION OF THE OFFENCES TO WHICH SECTION 10(4) OF THE PETTY SESSIONS (IRELAND) ACT 1851 APPLIES, AN AMENDMENT OF THE JURISDICTION OF THE DISTRICT COURT AND THE CIRCUIT COURT IN CRIMINAL MATTERS, THE IMPOSITION OF FIXED CHARGES IN RESPECT OF CERTAIN OFFENCES UNDER THE CRIMINAL JUSTICE (PUBLIC ORDER) ACT 1994 AND AN AMENDMENT OF THE PETTY SESSIONS (IRELAND) ACT 1851 RELATING TO THE ISSUE AND EXECUTION OF CERTAIN WARRANTS; TO AMEND THE FIREARMS ACTS 1925 TO 2000 AND THE EXPLOSIVES ACT 1875; TO MAKE PROVISION IN RELATION TO ANTI-SOCIAL BEHAVIOUR BY ADULTS AND CHILDREN; TO AMEND THE CHILDREN ACT 2001; TO PROVIDE FOR THE ESTABLISHMENT OF A BODY TO BE KNOWN AS AN COISTE COMHAIRLEACH UM CHÓDÚ AN DLÍ CHOIRIÚIL OR, IN THE ENGLISH LANGUAGE AS, THE CRIMINAL LAW CODIFICATION ADVISORY COMMITTEE AND TO PROVIDE FOR RELATED MATTERS.

[16 th July, 2006]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

Annotations:

Modifications (not altering text):

C1

Terms “probation officer”, “welfare officer” and “probation and welfare officer” construed (1.10.2011 with retrospective effect from 19.05.2006) by Criminal Justice (Community Service) (Amendment) Act 2011 (24/2011), s. 13, in effect as per s. 13(4).

References to Probation and Welfare Service, etc.

13.— ...

(2) A person appointed by the Minister who was before the coming into operation of this section referred to as—

(a) a probation officer,

(b) a welfare officer, or

(c) a probation and welfare officer,

shall, on and after that date, be referred to as a probation officer and, references in any enactment to an officer referred to in paragraph (a), (b) or (c) shall be construed accordingly.

C2

Functions transferred and references to “Department of Finance” and “Minister for Finance” construed (29.07.2011) by Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 418 of 2011), arts. 2, 3, 5 and sch. 1 part 2, in effect as per art. 1(2).

2. (1) The administration and business in connection with the performance of any functions transferred by this Order are transferred to the Department of Public Expenditure and Reform.

(2) References to the Department of Finance contained in any Act or instrument made thereunder and relating to the administration and business transferred by paragraph (1) shall, on and after the commencement of this Order, be construed as references to the Department of Public Expenditure and Reform.

3. The functions conferred on the Minister for Finance by or under the provisions of —

(a) the enactments specified in Schedule 1, and

(b) the statutory instruments specified in Schedule 2,

are transferred to the Minister for Public Expenditure and Reform.

...

5. References to the Minister for Finance contained in any Act or instrument under an Act and relating to any functions transferred by this Order shall, from the commencement of this Order, be construed as references to the Minister for Public Expenditure and Reform.

...

Schedule 1

Enactments

...

Part 2

1922 to 2011 Enactments

Number and Year

Short Title

Provision

(1)

(2)

(3)

...

...

...

No. 26 of 2006

Criminal Justice Act 2006

Sections 112, 118(7), 119(3), 170(3)

and 174

...

...

...

C3

Application of collectively cited Firearms Acts 1925 to 2009 extended by European Communities (Acquisition and Possession of Weapons and Ammunition) Regulations 1993 (S.I. No. 362 of 1993), reg. 8, as amended (29.10.2010) by European Communities (Acquisition and Possession of Weapons and Ammunition) (Amendment) Regulations 2010 (S.I. No. 493 of 2010), reg. 3(1)(c), in effect as per reg. 1(3).

Provisions of Firearms Acts and other Statutes.

8. The provisions of the Firearms Acts and other relevant statutes, including provisions relating to powers of the Garda Síochána and Customs Officers, shall extend to a European Firearms Pass or other document to which these Regulations relate and a reference in those enactments to a firearm certificate shall, where the context so admits, include reference to any such document.

...