Criminal Justice Act 2007


Number 29 of 2007


CRIMINAL JUSTICE ACT 2007

REVISED

Updated to 28 June 2017


This Revised Act is an administrative consolidation of the Criminal Justice Act 2007. 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 Criminal Justice Act 2017 (14/2017), enacted 28 June 2017, and all statutory instruments up to and including European Communities (Minimum Conditions for Examining Agriculture Plant Species (Amendment) Regulations 2017 (S.I. No. 311 of 2017), made 30 June 2017, 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 29 of 2007


CRIMINAL JUSTICE ACT 2007

REVISED

Updated to 28 June 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

Bail Acts 1997 and 2007 : this Act, Part 2, is one of a group of Acts included in this collective citation ( Criminal Justice Act 2007 (29/2007), s. 1(3)). The Acts in the group are:

Bail Act 1997 (16/1997)

Criminal Justice Act 2007 (29/2007), Part 2

Misuse of Drugs Acts 1977 to 2017 : this Act, Part 5, is one of a group of Acts included in this collective citation to be construed together as one ( Misuse of Drugs (Supervised Injecting Facilities) Act 2017 (7/2017), s. 13(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), Part II, other than s. 7

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)

Misuse Of Drugs (Supervised Injecting Facilities) Act 2017 (7/2017)

Firearms Acts 1925 to 2009 : this Act, Part 6, 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 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 Firearms (Proofing) Act 1968 (20/1968) is excluded from the collective citation from 14 July 2000 by the Firearms (Firearms Certificates for Non-Residents) Act 2000, s. 8(2).

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

Garda Síochána Acts 2005 to 2015 : this Act, Part 7, is one of a group of Acts included in this collective citation ( Garda Síochána (Amendment) Act 2015 (3/2015), s. 14(2)). The Acts in the group are:

Garda Síochána Act 2005 (20/2005)

Criminal Justice Act 2007 (29/2007), Part 7

Garda Síochána (Amendment) Act 2015 (3/2015), other than ss. 12 and 13

Sea-Fisheries Acts 2003 to 2007 : this Act, Part 8, is one of a group of Acts included in this collective citation ( Criminal Justice Act 2007 (29/2007), s. 1(7)). The Acts in the group are:

Fisheries (Amendment) Act 2003 (21/2003), other than Part 5

Sea-Fisheries and Maritime Jurisdiction Act 2006 (8/2006), Part 2 and Part 4, Chapter 2

Criminal Justice Act 2007 (29/2007), Part 8

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 1993, 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 (14/2017)

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

Criminal Justice Act 2011 (22/2011)

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

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

All Acts up to and including Criminal Justice Act 2017 (14/2017), enacted 28 June 2017, were considered in the preparation of this revision.

Statutory instruments which affect or previously affected this revision

Justice and Law Reform (Alteration of Name of Department and Title of Minister) Order 2011 (S.I. No. 138 of 2011)

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

Justice, Equality and Law Reform (Alteration of Name of Department and Title of Minister) Order 2010 (S.I. No. 216 of 2010)

Post-Release (Restrictions on Certain Activities) Orders Scheme 2010 (S.I. No. 330 of 2010)

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

Criminal Justice Act 2007 (Commencement) Order 2009 (S.I. No. 165 of 2009)

Criminal Justice Act 2007 (Commencement) Order 2007 (S.I. No. 236 of 2007)

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

All statutory instruments up to and including European Communities (Minimum Conditions for Examining Agriculture Plant Species (Amendment) Regulations 2017 (S.I. No. 311 of 2017), made 28 June 2017, were considered in the preparation of this revision.


Number 29 of 2007


CRIMINAL JUSTICE ACT 2007

REVISED

Updated to 28 June 2017


ARRANGEMENT OF SECTIONS

PART 1

Preliminary and General

Section

1. Short title, collective citations, construction and commencement.

2. Definitions.

3. Repeals.

4. Expenses.

PART 2

Amendment of Enactments Relating to Bail

5. Amendment of section 1 of Act of 1997.

6. Statement by applicants for bail charged with serious offences.

7. Evidence in applications for bail under section 2.

8. Amendment of section 5 of Act of 1997.

9. Amendment of section 6 of Act of 1997.

10. Application of section 6 in relation to certain appellants.

11. Electronic monitoring of certain persons admitted to bail.

12. Evidence of electronic monitoring.

13. Arrangements for electronic monitoring.

14. Amendment of section 8 of Act of 1997.

15. Estreatment of recognisance and forfeiture of moneys paid into court.

16. Regulations.

17. Amendment of Schedule to Act of 1997.

18. Amendment of section 22 of Act of 1967.

19. Amendment of section 28 of Act of 1967.

20. Amendment of section 31 of Act of 1967.

21. Amendment of section 68 of Children Act 2001.

22. Amendment of section 11 of Act of 1984.

23. Amendment of section 13 of Act of 1984.

PART 3

Sentencing

24. Interpretation ( Part 3).

25. Commission of another offence within specified period.

26. Monitoring orders and protection of persons orders.

26A. Post-release orders in cases of certain offences.

27. Amendment of Criminal Justice (Legal Aid) Act 1962.

PART 4

Inferences to be Drawn in Certain Circumstances

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

29. Inferences from failure or refusal to account for accused's presence at a particular place.

30. Inferences from failure of accused to mention particular facts.

31. Amendment of section 2 of Offences Against the State (Amendment) Act 1998.

32. Regulations.

PART 5

Misuse of Drugs

33. Amendment of section 27 of Misuse of Drugs Act 1977.

PART 6

Amendment of Firearms Acts 1925 to 2006

34. Amendment of section 2 of Act of 1925.

35. Amendment of section 15 of Act of 1925.

36. Amendment of section 26 of Act of 1964.

37. Amendment of section 27 of Act of 1964.

38. Amendment of section 27A of Act of 1964.

39. Amendment of section 27B of Act of 1964.

40. Amendment of section 12A of Act of 1990.

PART 7

Amendment of Garda Síochána Act 2005

41. Establishment and functions of Garda Síochána Executive Management Board.

42. Special inquiries relating to Garda Síochána.

43. Other amendments to Act of 2005.

PART 8

Amendments to the Sea-Fisheries Acts 2003 and 2006

44. Amendments to Sea-Fisheries Acts 2003 and 2006.

PART 9

Miscellaneous

45. Amendment of Garda Síochána (Complaints) Act 1986.

46. Amendment of Act of 2006.

47. Amendment of section 15 of Criminal Justice (Theft and Fraud Offences) Act 2001.

48. Amendment of Act of 1984.

49. Destruction of records.

50. Powers of detention for specified offences.

51. Rearrest.

52. Application of certain provisions of Act of 1984.

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

54. Amendment of section 5 of Criminal Justice (Drug Trafficking) Act 1996.

55. Amendment of section 9 of Act of 1984.

56. Copy of recording of questioning by Garda Síochána to be given to accused.

57. Admission in evidence of recording of questioning of accused by Garda Síochána.

58. Amendment of section 8 of Criminal Assets Bureau Act 1996.

59. Amendment of section 29 of Courts of Justice Act 1924.

60. Amendment of section 99 of Act of 2006.

SCHEDULE 1

Enactments Repealed

SCHEDULE 2

Offences for the purposes of Part 3


Acts Referred to

Bail Act 1997

1997, No. 16

Children Act 2001

2001, No. 24

Criminal Assets Bureau Act 1996

1996, No. 31

Continental Shelf Act 1968

1968, No. 14

Criminal Justice Act 1951

1951, No. 2

Criminal Justice Act 1960

1960, No. 27

Criminal Justice Act 1984

1984, No. 22

Criminal Justice Act 1990

1990, No. 16

Criminal Justice Act 1993

1993, No. 6

Criminal Justice Act 1994

1994, No. 15

Criminal Justice Act 2006

2006, No. 26

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 (Public Order) Act 1994

1994, No. 2

Criminal Justice (Theft and Fraud Offences) Act 2001

2001, No. 50

Criminal Law (Jurisdiction) Act 1976

1976, No. 14

Criminal Law Act 1997

1997, No. 14

Criminal Procedure Act 1967

1967, No. 12

European Parliament Elections Act 1997

1997, No. 2

Explosive Substances Act 1883

46 & 47 Vic., c. 3

Explosives Act 1875

38 & 39 Vic., c. 17

Firearms (Firearm Certificates for Non-Residents) Act 2000

2000, No. 20

Firearms Act 1925

1925, No. 17

Firearms Act 1964

1964, No. 1

Firearms Acts 1925 to 2006

Firearms and Offensive Weapons Act 1990

1990, No. 12

Garda Síochána (Complaints) Act 1986

1986, No. 29

Garda Síochána Act 2005

2005, No. 20

Misuse of Drugs Act 1977

1977, No. 12

Misuse of Drugs Acts 1977 to 2006

National Cultural Institutions Act 1997

1997, No. 11

Non-Fatal Offences against the Person Act 1997

1997, No. 26

Offences Against the State (Amendment) Act 1998

1998, No. 39

Offences Against the State Act 1939

1939, No. 13

Petty Sessions (Ireland) Act 1851

14 & 15 Vic., c. 30

Prisons Act 1970

1970, No. 11

Prisons Act 1972

1972, No. 7

Protection of Employees (Part-Time Work) Act 2001

2001, No. 45

Sea-Fisheries Acts 2003 and 2006

Sea-Fisheries and Maritime Jurisdiction Act 2006

2006, No. 8

The Courts of Justice Act 1924

1924, No. 10


Number 29 of 2007


CRIMINAL JUSTICE ACT 2007

REVISED

Updated to 28 June 2017


AN ACT TO AMEND CERTAIN ENACTMENTS, INCLUDING THE BAIL ACT 1997, THE CRIMINAL JUSTICE ACT 1984, THE CRIMINAL JUSTICE (LEGAL AID) ACT 1962, THE OFFENCES AGAINST THE STATE (AMENDMENT) ACT 1998, THE MISUSE OF DRUGS ACT 1977, THE FIREARMS ACTS 1925 TO 2006, THE GARDA SÍOCHÁNA ACT 2005, THE CRIMINAL JUSTICE ACT 2006, THE CRIMINAL ASSETS BUREAU ACT 1996 AND THE SEA-FISHERIES ACTS 2003 AND 2006, TO AMEND THE LAW IN RELATION TO SENTENCING IN CERTAIN RESPECTS, TO MAKE PROVISION IN RELATION TO THE ADMINISTRATION OF CAUTIONS BY MEMBERS OF THE GARDA SÍOCHÁNA TO PERSONS IN RELATION TO OFFENCES, TO PROVIDE FOR ADDITIONAL POWERS OF DETENTION BY THE GARDA SÍOCHÁNA OF PERSONS SUSPECTED OF CERTAIN OFFENCES FOLLOWING ARREST OR REARREST OF SUCH PERSONS IN CONNECTION WITH THE INVESTIGATION OF SUCH OFFENCES, AND TO PROVIDE FOR RELATED MATTERS.

[9 th May, 2007]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

Annotations:

Modifications (not altering text):

C1

References to “Department of Justice and Law Reform” and “Minister for Justice and Law Reform” construed (2.04.2011) by Justice and Law Reform (Alteration of Name of Department and Title of Minister) Order 2011 (S.I. No. 138 of 2011), in effect as per art. 1(2).

4. In an enactment or instrument made under an enactment—

( a) references to the Department of Justice and Law Reform shall be construed as references to the Department of Justice and Equality;

( b) references to the Minister for Justice and Law Reform shall be construed as references to the Minister for Justice and Equality.

Editorial Notes:

E1

Previous affecting provision: references to “Department of Justice, Equality and Law Reform” and “Minister for Justice, Equality and Law Reform” construed (2.06.2010) by Justice, Equality and Law Reform (Alteration of Name of Department and Title of Minister) Order 2010 (S.I. No. 216 of 2010), in effect as per art. 1(2); superceded as per C-note above.