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.

PART 1

Preliminary and General

1.

Short title, collective citations, construction and commencement.

1.— (1) This Act may be cited as the Criminal Justice Act 2007.

(2) This Act (other than Part 8 ) comes into operation on such day or days as the Minister may appoint by order or orders either generally or with reference to any particular purpose or provision, and different days may be so appointed for different purposes or different provisions.

(3) The Bail Act 1997 and Part 2 may be cited together as the Bail Acts 1997 and 2007.

(4) The Misuse of Drugs Acts 1977 to 2006 and Part 5 may be cited together as the Misuse of Drugs Acts 1977 to 2007 and shall be construed together as one.

(5) The Firearms Acts 1925 to 2006 and Part 6 may be cited together as the Firearms Acts 1925 to 2007 and shall be construed together as one.

(6) The Garda Síochána Act 2005 and Part 7 may be cited together as the Garda Síochána Acts 2005 to 2007.

(7) The Sea-Fisheries Acts 2003 and 2006 and Part 8 may be cited together as the Sea-Fisheries Acts 2003 to 2007.

Annotations:

Editorial Notes:

E2

Power pursuant to section exercised (1.05.2009) by Criminal Justice Act 2007 (Commencement) Order 2009 (S.I. No. 165 of 2009).

2. The 1 May 2009 is appointed as the day on which section 19, insofar as it inserts paragraph (a) of section 28(3) of the Criminal Procedure Act 1967 (No. 12 of 1967), of the Criminal Justice Act 2007 (No. 29 of 2007) comes into operation.

E3

Power pursuant to section exercised (18.05.2007 and 1.07.2007) by Criminal Justice Act 2007 (Commencement) Order 2007 (S.I. No. 236 of 2007).

3. The 18 day of May 2007 is appointed as the day on which the following provisions of the Act of 2007 come into operation, namely -

(a) Part 1 (other than section 3),

(b) Part 2 (other than sections 6, 9, 10, 11, 12, 13, 14, 15, 18 and 19),

(c) Part 3,

(d) Parts 5 and 6,

(e) Part 7 (other than section 41),

(f) Part 9 (other than section 57), and

(g) Schedule 2.

4. The 1st day of July 2007 is appointed as the day on which the following provisions of the Act of 2007 come into operation, namely -

(a) section 3,

(b) sections 6, 9, 10, 14, 15 and 18,

(c) Part 4,

(d) section 57, and

(e) Schedule 1.

2.

Definitions.

2.— In this Act—

“Act of 1925” means Firearms Act 1925;

“Act of 1964” means Firearms Act 1964;

“Act of 1967” means Criminal Procedure Act 1967;

“Act of 1984” means Criminal Justice Act 1984;

“Act of 1990” means Firearms and Offensive Weapons Act 1990;

“Act of 1997” means Bail Act 1997;

“Act of 2005” means Garda Síochána Act 2005;

“Act of 2006” means Criminal Justice Act 2006;

“explosive” means an explosive within the meaning of the Explosives Act 1875 and any other substance or thing that is an explosive substance within the meaning of the Explosive Substances Act 1883;

“firearm” has the meaning it has in section 1 of the Act of 1925;

“Minister” means Minister for Justice, Equality and Law Reform.

3.

Repeals.

3.— (1) Subject to subsection (2), the enactments specified in Schedule 1 are repealed to the extent specified in column 3 of that Schedule.

(2) The repeal by subsection (1) of the enactments specified in Schedule 1 does not affect the application of those enactments to a failure to mention a fact to which those enactments relate if the failure occurred before the repeal comes into operation, and those enactments apply to such a failure as if they had not been repealed.

4.

Expenses.

4.— The expenses incurred by the Minister in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.

PART 2

Amendment of Enactments Relating to Bail

5.

Amendment of section 1 of Act of 1997.

5.— Section 1 of the Act of 1997 is amended in subsection (1) by the insertion of the following definitions:

“‘authorised person’ means a person who is appointed in writing by the Minister, or a person who is one of a prescribed class of persons, to be an authorised person for the purposes of sections 6B and 6C;

‘Minister’ means Minister for Justice, Equality and Law Reform;

‘prescribed’ means prescribed by regulations made by the Minister;”.

6.

Statement by applicants for bail charged with serious offences.

6.— The Act of 1997 is amended by the insertion of the following section after section 1:

“1A.— (1) A person who is charged with a serious offence and applies for bail (in this section referred to as ‘the applicant’) shall, subject to subsections (4) and (5)( c), furnish to the prosecutor a written statement duly signed by the applicant and containing the following information relating to the applicant:

( a) his or her name and any other name or names previously used;

( b) his or her current occupation and any previous occupation or occupations within the immediately preceding 3 years;

( c) his or her source or sources of income within the immediately preceding 3 years;

( d) his or her property, whether wholly or partially owned by, or under the control of, the applicant and whether within or outside the State;

( e) any previous conviction or convictions of the applicant for a serious offence;

( f) any previous conviction or convictions of the applicant for an offence or offences committed while on bail;

( g) any previous application or applications by the person for bail, indicating whether or not it was granted and, if granted, the conditions to which the recognisance was subject.

(2) The statement shall be in the prescribed form or a form to the like effect.

(3) The statement shall be furnished to the prosecutor—

( a) where written notice of the application for bail is not required, as soon as reasonably practicable before the application is made, or

( b) where such notice is required, on service of the notice.

(4) The requirement in subsection (1) to furnish a statement may be dispensed with where—

( a) the prosecutor states an intention to consent to the grant of bail, or

( b) the applicant and prosecutor consent to dispensing with the requirement.

(5) The court may by order:

( a) extend the period for production by the applicant of the statement;

( b) adjourn the hearing of the application pending production of the statement;

( c) dispense with the need to comply with subsection (1) if satisfied that there is good and sufficient reason for doing so;

( d) impose such conditions as it considers just in any order made by it under this section.

(6) The statement shall be received in evidence without further proof in proceedings under this section if it purports to be signed by the applicant.

(7) In proceedings under this section any witness may, with the leave of the court, be examined on the content of the statement.

(8) No information relating to the statement or any part of it shall be published in a written publication available to the public or be broadcast, unless the court otherwise directs.

(9) The court may, if it considers that publication of any examination of the applicant in relation to the statement or any part of it or of any submissions made to the court may prejudice the applicant’s right to a fair trial, by order direct that no information relating to the examination or submissions be published in a written publication available to the public or be broadcast.

(10) The court, when making an order under subsection (9), may specify the duration of the order and may at any time vary or set aside the order.

(11) An applicant who knowingly gives false or misleading information or conceals any material fact, either in the statement or in evidence in proceedings under this section, is guilty of an offence and liable on summary conviction to a fine not exceeding €5,000 or imprisonment for a term not exceeding 12 months or both.

(12) Any information contained in the statement is not admissible in evidence in any other proceedings or matter, except in proceedings against the applicant under subsection (11).

(13) The court may consider an application for bail, notwithstanding a failure by the applicant to furnish the statement.

(14) Nothing in this section limits the jurisdiction of a court to grant bail.

(15) Subsection (2) of section 4 applies in relation to the hearing of evidence in relation to the statement and subsections (4) to (7) of that section apply in relation to a contravention of subsection (8) or (9) of this section, in each case with the necessary modifications.

(16) In this section ‘property’ means—

( a) cash, money in an account in a financial institution, cheques, bank drafts and transferable securities (including shares, warrants and debentures),

( b) land,

( c) mechanically propelled vehicles, and

( d) any other asset exceeding €3,000 in value.”.

7.

Evidence in applications for bail under section 2.

7.— The Act of 1997 is amended by the insertion of the following section after section 2:

“2A.— (1) Where a member of the Garda Síochána not below the rank of chief superintendent, in giving evidence in proceedings under section 2, states that he or she believes that refusal of the application is reasonably necessary to prevent the commission of a serious offence by that person, the statement is admissible as evidence that refusal of the application is reasonably necessary for that purpose.

(2) Evidence given by such a member in the proceedings is not admissible in any criminal proceedings against the applicant.

(3) The court may, if it considers that publication of evidence given by such a member under subsection (1) or of any part of it may prejudice the accused person’s right to a fair trial, by order direct that no information relating to the evidence or that part, or to any examination of the member, be published in a written publication or be broadcast.

(4) The court, when making an order under subsection (3), may specify the duration of the order and may at any time vary or set aside the order as it sees fit and subject to such conditions as it may impose.

(5) Subsection (2) of section 4 applies in relation to the hearing of the evidence of the member and subsections (4) to (7) of that section apply in relation to a contravention of subsection (3) of this section, in each case with the necessary modifications.

(6) Nothing in this section is to be construed as prejudicing the admission in proceedings under section 2 of other evidence of belief, or of evidence of opinion, whether tendered by any member of the Garda Síochána or other person.

(7) Nothing in this section limits the jurisdiction of a court to grant bail.”.

8.

Amendment of section 5 of Act of 1997.

8.— Section 5 of the Act of 1997 is amended—

( a) in subsection (1), by the substitution of “any moneys to be paid into court under a recognisance” for “any recognisance”,

( b) in subsection (2), by the substitution of the following paragraph for paragraph ( a):

“( a) Where a court requires payment of moneys into court by a person or any surety as a condition of a recognisance, it may accept as security, in lieu of such payment, any instrument that it considers to be adequate evidence of the title of a person to property (other than land or any estate, right or interest in or over land).”,

and

( c) in subsection (3), by the substitution of “moneys paid” for “recognisance paid”.

9.

Amendment of section 6 of Act of 1997.

9.— Section 6 of the Act of 1997 is amended—

( a) in subsection (1), by the substitution of the following paragraph for paragraph ( a):

“( a) the recognisance shall, in addition to the condition requiring his or her appearance before the court at the end of the period of remand of the accused person, be subject to the condition that the accused person shall not commit an offence while on bail,”,

and

( b) by the insertion of the following subsection after subsection (3):

“(3A) A recognisance referred to in subsection (3) shall contain a statement that the accused person may apply to the court at any time to vary or revoke a condition of the recognisance.”.

10.

Application of section 6 in relation to certain appellants.

10.— The Act of 1997 is amended by the insertion of the following section after section 6:

“6A.— Section 6 applies in relation to recognisances entered into by persons appealing against sentences of imprisonment imposed by the District Court with the following modifications:

( a) by the substitution of the following paragraph for paragraph ( a) of subsection (1):

‘( a) the recognisance shall be subject to the following conditions, namely, that the appellant shall—

(i) prosecute the appeal,

(ii) attend the sittings of the Circuit Court until the appeal has been determined, and

(iii) not commit an offence while on bail,’;

( b) references in that section to an accused person or a person charged with an offence are to be construed as references to persons so appealing;

( c) the reference to a court in subsection (8) is to be construed as a reference to the District Court;

and with any other necessary modifications.”.

11.

Electronic monitoring of certain persons admitted to bail.

11.— The Act of 1997 is amended by the insertion of the following section after section 6A:

“6B.— (1) Subject to subsection (2), where a person (in this section referred to as ‘the person’) who—

( a) is charged with a serious offence or is appealing against a sentence of imprisonment imposed by the District Court, and

( b) is admitted to bail on entering into a recognisance which is subject to any of the conditions mentioned in subparagraphs (i) and (iv) of section 6(1)( b),

the court may make the recognisance subject to the following further conditions:

(i) that the person’s movements while on bail are monitored electronically so that his or her compliance or non-compliance with a condition mentioned in any of the said subparagraphs can be established;

(ii) that for that purpose the person has an electronic monitoring device attached to his or her person, either continuously or for such periods as may be specified; and

(iii) that an authorised person is responsible for monitoring the person’s compliance or non-compliance with any condition mentioned in the said subparagraphs or in paragraph (ii) of this subsection.

(2) A recognisance shall not be made subject to the further conditions mentioned in subsection (1)—

( a) if the person is to reside or remain in a particular place, without the consent of the owner of the place or of an adult person habitually residing there, or, as the case may be, of the person in charge of the place, and

( b) unless the person agrees to comply with those further conditions.

(3) The court shall direct that a copy of the recognisance containing the conditions to which it is subject be given to—

( a) the person and any surety,

( b) the member in charge of the Garda Síochána station for the place where the person is residing while the recognisance is in force, and

( c) if an authorised person is to be responsible for monitoring the person’s movements electronically, the authorised person.

(4) The court, on application to it by a person whose recognisance is subject to one or more of the conditions or further conditions referred to in subsection (1), may, if it considers it appropriate to do so, vary a condition of the recognisance, whether by altering or revoking it or by adding a further condition to it.

(5) A recognisance referred to in subsection (3) shall contain a statement that the accused person may apply to the court at any time to vary or revoke a condition of the recognisance.

(6) The prosecutor shall be given notice of, and be entitled to be heard in, any proceedings under subsection (4).

(7) Without prejudice to section 6(5), the court may issue a warrant for the arrest of the person on information being made in writing and on oath by an authorised person, any surety or a member of the Garda Síochána that he or she is about to contravene any of the further conditions referred to in paragraph (i) or (ii) of subsection (1).

(8) Subsections (6) to (9) of section 6 apply, with the necessary modifications, in relation to a warrant issued under subsection (7) of this section as if the warrant had been issued under subsection (5) of that section.

(9) This section does not apply in relation to a person under the age of 18 years.”.

12.

Evidence of electronic monitoring.

12.— The Act of 1997 is amended by the insertion of the following section after section 6B:

“6C.— (1) Where the movements of a person are subject to electronic monitoring as a condition of the recognisance entered into by the person, evidence of his or her—

( a) presence or absence in or from a particular district or place at a particular time, or

( b) compliance or non-compliance with a condition imposed under section 6B(1)(ii) in relation to the wearing of an electronic monitoring device,

may, subject to this section, be given in any proceedings by the production of the following documents:

(i) a statement purporting to be generated automatically or otherwise by a prescribed device by which the person’s whereabouts were electronically monitored;

(ii) a certificate—

(I) that the statement relates to the whereabouts of the person at the dates and times shown in it, and

(II) purporting to be signed by an authorised person who is responsible for monitoring electronically the accused person’s compliance with a condition mentioned in subparagraph (i) or (iv) of section 6(1)( b) or in section 6B(1).

(2) Subject to subsection (3), in any proceedings the statement and certificate mentioned in paragraphs (i) and (ii) of subsection (1) are admissible as evidence of the facts contained in them, unless the contrary is shown.

(3) Neither the statement nor the certificate is so admissible unless a copy of it has been served on the person concerned before the commencement of the proceedings concerned.”.

13.

Arrangements for electronic monitoring.

13.— The Act of 1997 is amended by the insertion of the following section after section 6C:

“6D.— The Minister may, with the consent of the Minister for Finance, make such arrangements, including contractual arrangements, as he or she considers appropriate with such persons as he or she thinks fit for monitoring electronically the compliance or non-compliance of persons with a condition mentioned in subparagraph (i) or (iv) of section 6(1)( b) or in section 6B(1)(ii).”.

14.

Amendment of section 8 of Act of 1997.

14.— Section 8 of the Act of 1997 is amended—

( a) in subsection (1), by the insertion of “(if any)” after “amounts”,

( b) in subsection (2), by the substitution of “any moneys conditioned to be paid under a recognisance” for “any recognisance”, and

( c) in subsection (3), by the substitution of “where the courthouse at which the arrested person is conditioned to appear is situate” for “in which the Garda Síochána station is situate”.

15.

Estreatment of recognisance and forfeiture of moneys paid into court.

15.— The Act of 1997 is amended by the substitution of the following section for section 9:

“9.— (1) This section applies where—

( a) an accused person or a person who is appealing against a sentence of imprisonment imposed by the District Court (in either case referred to in this section as ‘the person’) is admitted to bail on entering into a recognisance conditioned for his or her appearance before a specified court on a specified date at a specified time and place, and

( b) the person—

(i) fails to appear in accordance with the recognisance and the court issues a warrant for his or her arrest, or

(ii) is brought before the court in accordance with subsection (7) and the court is satisfied that the person has contravened a condition of the recognisance.

(2) Where subsection (1) applies, the court may order—

( a) that any moneys conditioned to be paid under the recognisance by the person or any surety be estreated in such amount and within such period as the court thinks fit,

( b) that any sums paid into court by the person or any surety be forfeited in such amount or amounts as the court thinks fit,

( c) where a bank, building society, credit union or An Post deposit book has been accepted as security for the amount of the recognisance, that the entity concerned pay into court that amount, or such lesser amount as the court thinks fit, from the moneys held by the person or any surety on deposit therein, and

( d) where necessary for estreatment, that a receiver be appointed to take possession or control of the property of the person or any surety and to manage or otherwise deal with it in accordance with the directions of the court.

(3) Where a receiver—

( a) appointed under subsection (2)( d) takes any action under this section in relation to property, and

( b) believes, and has reasonable grounds for believing, that he or she is entitled to take that action in relation to the property,

he or she shall not be liable to any person in respect of any loss or damage resulting from the action, except in so far as the loss or damage is caused by his or her negligence.

(4) Money recovered by the receiver may, to the extent necessary, be applied to meet expenses incurred in the performance of his or her functions and the remuneration of any person employed in that connection.

(5) The court may, on the application of a member of the Garda Síochána and on information being made in writing and on oath by or on behalf of the member that the person has contravened a condition of the recognisance (other than the condition referred to in subsection (1)( a)), issue a warrant for the arrest of the accused person.

(6) A member of the Garda Síochána may arrest the person under subsection (5) notwithstanding that the member does not have the warrant concerned in his or her possession at the time of the arrest.

(7) Where subsection (6) applies, the member shall serve the warrant on the arrested person as soon as practicable.

(8) The arrested person shall be brought as soon as practicable before the court.

(9) Where a warrant has been issued under subsection (5), the person and any surety remain bound by their recognisances, and any money paid into court in connection therewith shall not be released before the conclusion of any proceedings under this section.

(10) Where the court makes an order under subsection (2), notice shall be given to the person and any surety stating that an application to vary or discharge the order may be made to the court within 21 days from the date of the issue of the notice.

(11) On such an application, the court may vary or discharge the order if satisfied that compliance with it would cause undue hardship to the person or any surety.

(12) The prosecutor shall be given notice of, and be entitled to be heard in, any proceedings under subsection (11).

(13) If an order under subsection (2)( a) or any variation of it under subsection (11) is not complied with, a warrant of committal of the person for such non-compliance shall be issued by the court and, for the purpose of determining the term of imprisonment to be served by the person, the warrant shall be treated as if it were a warrant for imprisonment for non-payment of a fine equivalent to the amount estreated under the said subsection (2)( a).”.

16.

Regulations.

16.— The Act of 1997 is amended by the insertion of the following section after section 11:

“11A.— (1) The Minister may make regulations prescribing any matter or thing which is referred to in this Act as prescribed or for the purpose of enabling any provision of this Act to have full effect.

(2) The regulations may include such consequential, incidental or supplementary provisions as may be necessary for that purpose.

(3) Regulations under this section shall be laid before each House of the Oireachtas as soon as may be after they are made and, if a resolution annulling them is passed by either such House within the next 21 days on which that House has sat after they are laid before it, the regulations shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.”.

17.

Amendment of Schedule to Act of 1997.

17.— The Schedule to the Act of 1997 is amended—

( a) by the substitution of the following paragraph for paragraph 14:

“14. Any offence under the following provisions of the Firearms Act 1925:

( a) section 2 (restrictions on possession, use, and carriage of firearms);

( b) section 3 (applications for, and form and effect of, firearm certificates);

( c) section 4A(18) (authorisation of rifle or pistol clubs or shooting ranges);

( d) section 10A (reloading of ammunition);

( e) section 15 (possession of firearms with intent to endanger life);

( f) section 25 (punishments).”,

( b) by the substitution of the following paragraph for paragraph 16:

“16. Any offence under the following provisions of the Firearms and Offensive Weapons Act 1990:

( a) section 7 (possession, sale, etc., of silencers);

( b) section 8 (reckless discharge of firearm);

( c) section 9 (possession of knives and other articles);

( d) section 10 (trespassing with a knife, weapon of offence or other article);

( e) section 11 (production of article capable of inflicting serious injury);

( f) section 12 (power to prohibit manufacture, importation, sale, hire or loan of offensive weapons);

( g) section 12A (shortening barrel of shotgun or rifle).”,

( c) by the insertion of the following paragraph after paragraph 16:

“16A. Any offence under section 3 of the Firearms (Firearm Certificates for Non-Residents) Act 2000 (prohibition of false information and alteration of firearm certificates).”,

and

( d) by the substitution of the following paragraph for paragraph 30:

“30. An offence of attempting or conspiring to commit, or inciting the commission of, any offence mentioned in this Schedule.”.

18.

Amendment of section 22 of Act of 1967.

18.— Section 22 of the Act of 1967 is amended—

( a) by the insertion of the following subsection after subsection (1):

“(1A) The Court may admit a person to bail without imposing a condition in the recognisance as to payment of moneys into court by the person if it considers it appropriate to do so, having regard to the circumstances of the case, including the means of the person and the nature of the offence in relation to which the person is in custody.”,

( b) by the substitution of the following subsections for subsections (2) and (3):

“(2) The Court may, instead of taking a recognisance from a person in accordance with subsection (1)—

( a) determine the conditions to be contained in the recognisance, including the amount of any moneys to be paid into court under it, with a view to its being subsequently taken, and

( b) in the meantime commit the person concerned to custody in accordance with paragraph ( a) of that subsection.

(3) A recognisance referred to in subsection (2) may be taken by any judge of the District Court.”.

19.

Amendment of section 28 of Act of 1967.

19.— Section 28 of the Act of 1967 is amended by the substitution of the following subsection for subsection (3):

“(3) ( a) An applicant for bail or the prosecutor may appeal to the High Court if dissatisfied with a refusal or grant of the application for bail or, where bail is granted, with any matter relating to the bail.

( b) Where the applicant has been remanded in custody by the District Court and the offence with which the applicant is charged is triable by the Circuit Court, the High Court may transfer the appeal to the judge of the Circuit Court for the circuit in which the prison or place of detention to which the applicant has been remanded is situated.

( c) The judge of the Circuit Court referred to in paragraph ( b) shall exercise jurisdiction in respect of the appeal.

( d) An appeal against a decision by the Circuit Court under this section lies to the High Court at the instance of the applicant or prosecutor.”.

20.

Amendment of section 31 of Act of 1967.

20.— Section 31 of the Act of 1967 is amended by the substitution of the following subsection for subsection (3):

“(3) If the recognisance is conditioned for the payment of a sum of money, that sum may be accepted in lieu of a surety or sureties.”.

21.

Amendment of section 68 of Children Act 2001.

21.— Section 68 of the Children Act 2001 is amended by the substitution of the following subsection for subsection (4):

“(4) If the recognisance is conditioned for the payment of a sum of money, that sum may be accepted in lieu of a surety or sureties.”.

22.

Amendment of section 11 of Act of 1984.

22.— Section 11 of the Act of 1984 is amended by the substitution of the following subsection for subsection (1):

“(1) Any sentence of imprisonment passed on a person for an offence—

( a) committed while on bail, whether committed before or after the commencement of section 22 of the Criminal Justice Act 2007, or

( b) committed after such commencement while the person is unlawfully at large after the issue of a warrant for his or her arrest for non-compliance with a condition of the recognisance concerned,

shall be consecutive on any sentence passed on him or her for a previous offence or, if he or she is sentenced in respect of two or more previous offences, on the sentence last due to expire, so however that, where two or more consecutive sentences as required by this section are passed by the District Court, the aggregate term of imprisonment in respect of those consecutive sentences shall not exceed 2 years.”.

23.

Amendment of section 13 of Act of 1984.

23.— Section 13 of the Act of 1984 is amended—

( a) in subsection (1), by the substitution of “€5,000” for “£1,000”, and

( b) by the addition of the following subsection:

“(6) Notwithstanding section 10(4) of the Petty Sessions (Ireland) Act 1851, summary proceedings for an offence under this section may be instituted within 12 months from the date on which the offence was committed.”.

PART 3

Sentencing

24.

Interpretation ( Part 3).

24.— (1) In this Part—

“imprisonment” includes—

( a) detention in Saint Patrick’s Institution,

( b) detention in a place provided under section 2 of the Prisons Act 1970, and

( c) detention in a place specified under section 3 of the Prisons Act 1972,

and “prison” and “sentence of imprisonment” shall be construed accordingly;

“remission from the sentence” means, in relation to the sentence imposed on a person, the remission which he or she may earn from that sentence under the rules or practice whereby prisoners generally may earn remission of sentence by industry and good conduct.

(2) In this Part, references to an offence specified in Schedule 2 shall include—

( a) references to participation as an accomplice of a person who commits such an offence, and

( b) references to an offence of attempting or conspiring to commit, or inciting the commission of, such an offence.

25.

Commission of another offence within specified period.

25.— (1) Subject to subsections (2) and (3), where a person (other than a person under the age of 18 years)—

( a) has been convicted on indictment of an offence specified in Schedule 2 (in this section referred to as “the first offence”),

( b) has been sentenced to imprisonment for a term of not less than 5 years in respect of that offence, and

( c) who is convicted on indictment of an offence specified in Schedule 2 (in this section referred to as “the subsequent offence”) that is committed—

(i) during the period of 7 years from the date of conviction of the first offence and, for the purpose of determining that period, there shall be disregarded any period of imprisonment in respect of the first offence or the subsequent offence, or

(ii) during any such period of imprisonment,

(in this section the total period comprising the periods referred to in subparagraphs (i) and (ii) is referred to as “the specified period”),

the court shall, in imposing sentence on the person in respect of the subsequent offence, specify as the minimum term of imprisonment to be served by the person, a term of not less than three quarters of the maximum term of imprisonment prescribed by law in respect of such an offence and, if the maximum term so prescribed is life imprisonment, the court shall specify a term of imprisonment of not less than 10 years.

(2) Subsection (1) shall not apply if any of the following provisions apply in respect of the subsequent offence:

( a) section 2 of the Criminal Justice Act 1990;

( b) section 15(8) of the Act of 1925;

( c) section 26(8), 27(8), 27A(8) or 27B(8) of the Act of 1964;

( d) section 12A(13) of the Act of 1990; or

( e) section 27(3F) of the Misuse of Drugs Act 1977.

(3) Subsection (1) shall not apply where the court is satisfied that it would be disproportionate in all the circumstances of the case to specify as the minimum term of imprisonment to be served by the person concerned the term of imprisonment referred to in that subsection in respect of the subsequent offence.

(4) Subsection (1) shall apply to a person in respect of the subsequent offence only if that offence is committed after the commencement of this section and that subsection shall apply to a person whether the first offence is committed before or after such commencement.

(5) If, in relation to a sentence of a term of imprisonment imposed on a person in respect of the first offence—

( a) the operation of the whole term is suspended, then subsection (1) shall not apply to that offence, or

( b) the operation of a part of the term is suspended, the part of that term the operation of which is not suspended shall be regarded as the term of imprisonment imposed on the person in respect of the first offence for the purposes of subsection (1).

(6) Subsection (1) shall not apply to a person if the conviction in respect of the first offence is quashed on appeal or otherwise.

(7) A reference in this section to a sentence imposed on a person in respect of the first offence shall—

( a) if the sentence is varied on appeal, be construed as a reference to the sentence as so varied, or

( b) if, on the application of the Director of Public Prosecutions under section 2 of the Criminal Justice Act 1993, the sentence is quashed by the Court of Criminal Appeal and another sentence is imposed in place of it by that Court on the person, be construed as a reference to that other sentence.

(8) For the purposes of subsections (1)(c) and (10), a period of imprisonment means any time when the person concerned is—

( a) remanded in custody,

( b) serving a sentence in prison, or

( c) temporarily released under section 2 of the Criminal Justice Act 1960.

(9) References in this section to the subsequent offence shall include references to a second or subsequent offence specified in Schedule 2 of which a person (other than a person under the age of 18 years) is convicted on indictment during the specified period.

(10) The specified period in relation to a person to whom subsection (1) applies shall expire only when the person has not been convicted of an offence specified in Schedule 2

( a) during the period of 7 years from the date of conviction of the subsequent offence and, for the purpose of determining that period, there shall be disregarded any period of imprisonment in respect of the first offence or the subsequent offence, or

( b) during any such period of imprisonment.

(11) If, following the application of subsection (1) to a person in respect of a conviction on indictment of an offence specified in Schedule 2

( a) his or her conviction in respect of the first offence is quashed on appeal or otherwise, or

( b) the sentence imposed on the person in respect of the first offence is varied on appeal so that it no longer falls under subsection (1)(b,

the person may apply to the court that imposed the sentence on him or her in respect of the subsequent offence to review it and the court may, if it considers it appropriate to do so, vary that sentence.

(12) ( a) If a sentence imposed on a person in respect of a conviction on indictment of an offence specified in Schedule 2 does not fall under subsection (1)(b) but the sentence is—

(i) varied on appeal, or

(ii) on the application of the Director of Public Prosecutions under section 2 of the Criminal Justice Act 1993, quashed by the Court of Criminal Appeal and another sentence is imposed in place of it by that Court on the person,

so that the sentence then falls under subsection (1)(b), subsection (1) shall apply in respect of an offence specified in Schedule 2 (“the subsequent offence”) committed by the person within the specified period.

( b) If, in the circumstances referred to in paragraph (a), a sentence has, at the time of the appeal referred to in subparagraph (i) of that paragraph concerned or, as the case may be, the application referred to in subparagraph (ii) of that paragraph concerned, been imposed on the person concerned in respect of the subsequent offence, the Director of Public Prosecutions may apply to the court that imposed the sentence to review it and the court shall apply subsection (1) to that person in respect of the subsequent offence and, if appropriate, vary the sentence accordingly.

(13) The power conferred by section 23 of the Criminal Justice Act 1951 to commute or remit a punishment shall not, in the case of a person serving a sentence of imprisonment imposed in accordance with subsection (1) in respect of the subsequent offence, be exercised before the expiry of the minimum term of imprisonment specified by the court in accordance with that subsection less any reduction of that term arising under subsection (14).

(14) The rules or practice whereby prisoners generally may earn remission of sentence by industry and good conduct shall apply in the case of a person serving a sentence imposed in accordance with subsection (1) in respect of the subsequent offence and the minimum term of imprisonment specified by the court in accordance with that subsection shall be reduced by the amount of any remission so earned by the person.

(15) Any powers conferred by rules made under section 2 of the Criminal Justice Act 1960 to release temporarily a person serving a sentence of imprisonment shall not, in the case of a person serving a sentence imposed in accordance with subsection (1) in respect of the subsequent offence, be exercised during the period for which the commutation or remission of his or her punishment is prohibited by subsection (13) unless for grave reason of a humanitarian nature, and any release so granted shall be only of such limited duration as is justified by that reason.

(16) The reference in subsection (15) to section 2 of the Criminal Justice Act 1960 shall be construed to include that section as applied by section 4 of the Prisons Act 1970.

26.

Monitoring orders and protection of persons orders.

26.— (1) Where a person (other than a person under the age of 18 years) (in this section referred to as “the offender”) is convicted on indictment of an offence specified in Schedule 2 , the court shall consider whether it is appropriate to make an order or orders under this section in relation to the offender for the purpose of monitoring the offender after release from prison or for the purpose of protecting any person.

(2) The court may make an order (in this section referred to as a “ monitoring order”) in relation to the offender requiring the offender, as soon as practicable after the order comes into force, to notify in writing an inspector of the Garda Síochána of the district in which his or her home is located of the address of it and to notify in writing such an inspector of any change of address of his or her home or any proposed absence for a period of more than 7 days from his or her home before any such change of address or any such absence, as the case may be, occurs.

(3) A monitoring order may be made for such period, not exceeding 7 years, as the court considers appropriate.

(4) The court may make an order (in this section referred to as a “protection of persons order”) in relation to the offender for the purpose of protecting the victim of the offence concerned or any other person named in the order from harassment by the offender while the order is in force.

(5) The court may provide in a protection of persons order that the offender is prohibited from engaging in any behaviour that, in the opinion of the court, would be likely to cause the victim of the offence concerned or any other person named in the order fear, distress or alarm or would be likely to amount to intimidation of any such person.

(6) A protection of persons order may be made for such period, not exceeding 7 years, as the court considers appropriate.

(7) A monitoring order or a protection of persons order in relation to the offender shall come into force on the date on which—

( a) the sentence of imprisonment imposed on him or her in respect of the offence concerned expires or, as the case may be, his or her remission from the sentence begins, or

( b) if the offender is imprisoned in respect of another offence, the date on which that sentence of imprisonment expires or, as the case may be, his or her remission from that sentence begins,

whichever is the later.

(8) Where a monitoring order or a protection of persons order is made (whether or not it is in force), the court that made the order may, if it so thinks proper, on the application of the offender vary or revoke the order if it is satisfied that by reason of such matters or circumstances specified in the application that have arisen or occurred since the making of the order that it should be varied or revoked.

(9) An application under subsection (8) shall be made on notice to an inspector of the Garda Síochána of the district in which the offender ordinarily resided at the time that the order was made or, if appropriate, an inspector of the Garda Síochána of the district in which the home of the offender is located at the time of the application.

(10) A person who fails, without reasonable cause, to comply with a monitoring order or a protection of persons order shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding €2,000 or imprisonment for a term not exceeding 6 months or both.

(11) Nothing in this section shall affect any other order, restriction or obligation, or any condition attaching thereto, to which the offender is subject whether made or imposed under statute or otherwise apart from this section while a monitoring order or a protection of persons order is in force.

(12) In this section “home”, in relation to the offender, means his or her sole or main residence or, if he or she has no such residence, his or her most usual place of abode or, if he or she has no such abode, the place which he or she regularly visits.

26A.

F1 [ Post-release orders in cases of certain offences.

26A

26A. (1) Where, on or after the commencement of a scheme under subsection (10) , a person (other than a person under the age of 18 years), in this section referred to as the offender , is convicted on indictment of

( a ) an offence under Part 7 of the Act of 2006, or

( b ) an offence (other than an offence referred to in paragraph (a) ) specified in Schedule 2 that has been committed as part of, or in furtherance of, the activities of a criminal organisation,

the court shall, in determining the sentence to be imposed on the offender in respect of that offence, consider whether it is appropriate to make an order under this section (in this section referred to as a post-release (restrictions on certain activities) order ) in relation to him or her for the purpose of the offender s being subject, after his or her release from prison, to the restrictions and conditions subsequently mentioned in this section.

(2) A post-release (restrictions on certain activities) order shall not be made in relation to the offender unless the court considers that, having regard to

( a ) the evidence given in the trial of the offender for the offence concerned, and

( b ) evidence that is given to the court in relation to the sentence to be imposed for that offence,

it is in the public interest to make such an order, and in determining whether to make such order the court shall take account of such matters as the court considers appropriate, including the offender s previous criminal record and the other circumstances relating to him or her.

(3) There is, by virtue of this subsection, conferred on the court power to make, as part of the offender s sentence, a post-release (restrictions on certain activities) order in relation to him or her, that is to say, an order imposing one or more (and no other) of the following restrictions and conditions:

( a ) restrictions on the offender s movements, actions or activities;

( b ) conditions subject to which the offender may engage in any activity;

( c ) restrictions on the offender s association with others or conditions subject to which the offender may associate with others,

being restrictions and conditions, as to both their nature and extent, that

(i) are determined by the court to be no more than is reasonably necessary to be imposed in the public interest, and

(ii) fall into a category of restrictions and conditions specified in a scheme made under subsection (10) .

(4) A post-release (restrictions on certain activities) order may be made for such period, not exceeding 7 years, as the court considers appropriate.

(5) A post-release (restriction of certain activities) order in relation to the offender shall come into force on the date on which

( a ) the sentence of imprisonment imposed on him or her in respect of the offence concerned expires or, as the case may be, his or her remission from the sentence begins, or

( b ) if the offender is imprisoned in respect of another offence, the date on which that sentence of imprisonment expires or, as the case may be, his or her remission from that sentence begins,

whichever is the later.

(6) Where a post-release (restriction of certain activities) order is made (whether or not it is in force), the court that made the order may, if it so thinks proper, on the application of the offender vary or revoke the order if it is satisfied that by reason of such matters or circumstances specified in the application that have arisen or occurred since the making of the order that it should be varied or revoked.

(7) An application under subsection (6) shall be made on notice to an inspector of the Garda S í och á na of the district in which the offender ordinarily resided at the time that the order was made or, if appropriate, an inspector of the Garda S í och á na of the district in which the home of the offender is located at the time of the application.

(8) A person who fails, without reasonable cause, to comply with a post-release (restriction of certain activities) order shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding 5,000 or imprisonment for a term not exceeding 12 months or both.

(9) Nothing in this section shall affect any other order, restriction or obligation, or any condition attaching thereto, to which the offender is subject whether made or imposed under statute (including section 26 ) or otherwise apart from this section while a post-release (restrictions of certain activities) order is in force.

(10) ( a ) As soon as practicable, but not later than 6 months, after the commencement of section 14 of the Criminal Justice (Amendment) Act 2009, the Minister shall prepare a scheme specifying 2 or more categories of restrictions and conditions that may be imposed by post-release (restrictions on certain activities) orders and lay a draft of the scheme before each House of the Oireachtas.

( b ) If the draft of the scheme, so laid, is approved by a resolution passed by each such House, the Minister shall make the scheme as soon as practicable thereafter.

(11) In this section home , in relation to the offender, means his or her sole or main residence or, if he or she has no such residence, his or her most usual place of abode or, if he or she has no such abode, the place which he or she regularly visits. ]

Annotations:

Amendments:

F1

Inserted (23.07.2009) by Criminal Justice (Amendment) Act 2009 (32/2009), s. 14(1), commenced on enactment.

Editorial Notes:

E4

Power pursuant to subs. (10) exercised (5.07.2010) by Post-Release (Restrictions on Certain Activities) Orders Scheme 2010 (S.I. No. 330 of 2010).

27.

Amendment of Criminal Justice (Legal Aid) Act 1962.

27.— The Criminal Justice (Legal Aid) Act 1962 is amended—

( a) by the insertion of the following sections after section 6:

“Legal aid (monitoring order) certificate.

6A.— (1) Where—

( a) a monitoring order has been made in relation to a person, and

( b) a certificate for free legal aid (in this Act referred to as a ‘legal aid (monitoring order) certificate’) is granted in respect of him or her by the court to which an application is made to vary or revoke the order,

the person shall be entitled to free legal aid in the preparation and conduct of an application under section 26(8) of the Criminal Justice Act 2007 to vary or revoke the order and to have a solicitor and, if the court considers it appropriate, counsel assigned to him or her for that purpose in such manner as may be prescribed by regulations under section 10 of this Act.

(2) A legal aid (monitoring order) certificate shall be granted in relation to a person in respect of whom a monitoring order has been made if (but only if)—

( a) application is made therefor,

( b) it appears to the court to which the application is made to vary or revoke the order that—

(i) the means of the person are insufficient to enable him or her to obtain legal aid, and

(ii) by reason of the conditions specified in the order or of exceptional circumstances, it is essential in the interests of justice that the person should have legal aid in the preparation and conduct of the application to vary or revoke the order.

(3) In this section ‘monitoring order’ has the meaning it has in section 26 of the Criminal Justice Act 2007.

Legal aid (protection of persons order) certificate.

6B.— (1) Where—

( a) a protection of persons order has been made in relation to a person, and

( b) a certificate for free legal aid (in this Act referred to as a ‘legal aid (protection of persons order) certificate’) is granted in respect of him or her by the court to which an application is made to vary or revoke the order,

the person shall be entitled to free legal aid in the preparation and conduct of an application under section 26(8) of the Criminal Justice Act 2007 to vary or revoke the order and to have a solicitor and, if the court considers it appropriate, counsel assigned to him or her for that purpose in such manner as may be prescribed by regulations under section 10 of this Act.

(2) A legal aid (protection of persons order) certificate shall be granted in respect of a person in relation to whom a protection of persons order has been made if (but only if)—

( a) application is made therefor,

( b) it appears to the court to which the application is made to vary or revoke the order that—

(i) the means of the person are insufficient to enable him or her to obtain legal aid, and

(ii) by reason of the conditions specified in the order or of exceptional circumstances, it is essential in the interests of justice that the person should have legal aid in the preparation and conduct of the application to vary or revoke the order.

(3) In this section ‘protection of persons order’ has the meaning it has in section 26 of the Criminal Justice Act 2007.”,

( b) in section 7, by the addition of the following subsection:

“(3) Where a legal aid (monitoring order) certificate or a legal aid (protection of persons order) certificate has been granted in respect of a person, any fees, costs or other expenses properly incurred in preparing and conducting the person’s application to vary or revoke the monitoring order or the protection of persons order to which the certificate relates shall, subject to the regulations under section 10 of this Act, be paid out of moneys provided by the Oireachtas.”,

and

( c) in section 9(2), by the substitution of “, a legal aid (Supreme Court) certificate, a legal aid (monitoring order) certificate or a legal aid (protection of persons order) certificate” for “or a legal aid (Supreme Court) certificate”.

PART 4

Inferences to be Drawn in Certain Circumstances

28.

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

28.— (1) The Act of 1984 is amended by the substitution of the following section for section 18:

“18.— (1) Where in any proceedings against a person for an arrestable offence evidence is given that the accused—

( a) at any time before he or she was charged with the offence, on being questioned by a member of the Garda Síochána in relation to the offence, or

( b) when being charged with the offence or informed by a member of the Garda Síochána that he or she might be prosecuted for it,

was requested by the member to account for any object, substance or mark, or any mark on any such object, that was—

(i) on his or her person,

(ii) in or on his or her clothing or footwear,

(iii) otherwise in his or her possession, or

(iv) in any place in which he or she was during any specified period,

and which the member reasonably believes may be attributable to the participation of the accused in the commission of the offence and the member informed the accused that he or she so believes, and the accused failed or refused to give an account, being an account which in the circumstances at the time clearly called for an explanation from him or her when so questioned, charged or informed, as the case may be, then, the court, in determining whether a charge should be dismissed under Part IA of the Criminal Procedure Act 1967 or whether there is a case to answer and the court (or, subject to the judge’s directions, the jury) in determining whether the accused is guilty of the offence charged (or of any other offence of which he or she could lawfully be convicted on that charge) may draw such inferences from the failure or refusal as appear proper; and the failure or refusal may, on the basis of such inferences, be treated as, or as capable of amounting to, corroboration of any evidence in relation to which the failure or refusal is material.

(2) A person shall not be convicted of an offence solely or mainly on an inference drawn from a failure or refusal to account for a matter to which subsection (1) applies.

(3) Subsection (1) shall not have effect unless—

( a) the accused was told in ordinary language when being questioned, charged or informed, as the case may be, what the effect of the failure or refusal to account for a matter to which that subsection applies might be, and

( b) the accused was afforded a reasonable opportunity to consult a solicitor before such failure or refusal occurred.

(4) Nothing in this section shall, in any proceedings—

( a) prejudice the admissibility in evidence of the silence or other reaction of the accused in the face of anything said in his or her presence relating to the conduct in respect of which he or she is charged in so far as evidence thereof would be admissible apart from this section,

( b) be taken to preclude the drawing of any inference from the silence or other reaction of the accused which could properly be drawn apart from this section, or

( c) be taken to preclude the drawing of any inference from a failure or refusal to account for the presence of an object, substance or mark or for the condition of clothing or footwear which could properly be drawn apart from this section.

(5) The court (or, subject to the judge’s directions, the jury) shall, for the purposes of drawing an inference under this section, have regard to whenever, if appropriate, the account of the matter concerned was first given by the accused.

(6) This section shall not apply in relation to the questioning of a person by a member of the Garda Síochána unless it is recorded by electronic or similar means or the person consents in writing to it not being so recorded.

(7) Subsection (1) shall apply to the condition of clothing or footwear as it applies to a substance or mark thereon.

(8) References in subsection (1) to evidence shall, in relation to the hearing of an application under Part IA of the Criminal Procedure Act 1967 for the dismissal of a charge, be taken to include a statement of the evidence to be given by a witness at the trial.

(9) In this section ‘arrestable offence’ has the meaning it has in section 2 (as amended by section 8 of the Criminal Justice Act 2006) of the Criminal Law Act 1997.”.

(2) This section shall not apply to a failure or refusal to account for the presence of an object, substance or mark or for the condition of clothing or footwear if the failure or refusal occurred before the commencement of this section.

(3) Subsection (1) shall not affect the application of section 18 of the Act of 1984 to a failure or refusal to account for the presence of an object, substance or mark or for the condition of clothing or footwear if the failure or refusal occurred before the commencement of this section, and that section shall apply to such a failure or refusal as if subsection (1) had not been enacted.

29.

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

29.— (1) The Act of 1984 is amended by the substitution of the following section for section 19:

“19.— (1) Where in any proceedings against a person for an arrestable offence evidence is given that the accused—

( a) at any time before he or she was charged with the offence, on being questioned by a member of the Garda Síochána in relation to the offence, or

( b) when being charged with the offence or informed by a member of the Garda Síochána that he or she might be prosecuted for it,

was requested by the member to account for his or her presence at a particular place at or about the time the offence is alleged to have been committed, and the member reasonably believes that the presence of the accused at that place and at that time may be attributable to his or her participation in the commission of the offence and the member informed the accused that he or she so believes, and the accused failed or refused to give an account, being an account which in the circumstances at the time clearly called for an explanation from him or her when so questioned, charged or informed, as the case may be, then, the court, in determining whether a charge should be dismissed under Part IA of the Criminal Procedure Act 1967 or whether there is a case to answer and the court (or, subject to the judge’s directions, the jury) in determining whether the accused is guilty of the offence charged (or of any other offence of which he or she could lawfully be convicted on that charge) may draw such inferences from the failure or refusal as appear proper; and the failure or refusal may, on the basis of such inferences, be treated as, or as capable of amounting to, corroboration of any evidence in relation to which the failure or refusal is material.

(2) A person shall not be convicted of an offence solely or mainly on an inference drawn from a failure or refusal to account for his or her presence at a particular place under subsection (1).

(3) Subsection (1) shall not have effect unless—

( a) the accused was told in ordinary language when being questioned, charged or informed, as the case may be, what the effect of the failure or refusal to account for his or her presence at a particular place might be, and

( b) the accused was afforded a reasonable opportunity to consult a solicitor before such failure or refusal occurred.

(4) Nothing in this section shall, in any proceedings—

( a) prejudice the admissibility in evidence of the silence or other reaction of the accused in the face of anything said in his or her presence relating to the conduct in respect of which he or she is charged in so far as evidence thereof would be admissible apart from this section,

( b) be taken to preclude the drawing of any inference from the silence or other reaction of the accused which could properly be drawn apart from this section, or

( c) be taken to preclude the drawing of any inference from the failure or refusal of a person to account for his or her presence which could properly be drawn apart from this section.

(5) The court (or, subject to the judge’s directions, the jury) shall, for the purposes of drawing an inference under this section, have regard to whenever, if appropriate, the account of his or her presence at a particular place concerned was first given by the accused.

(6) This section shall not apply in relation to the questioning of a person by a member of the Garda Síochána unless it is recorded by electronic or similar means or the person consents in writing to it not being so recorded.

(7) References in subsection (1) to evidence shall, in relation to the hearing of an application under Part IA of the Criminal Procedure Act 1967 for the dismissal of a charge, be taken to include a statement of the evidence to be given by a witness at the trial.

(8) In this section ‘arrestable offence’ has the meaning it has in section 2 (as amended by section 8 of the Criminal Justice Act 2006) of the Criminal Law Act 1997.”.

(2) This section shall not apply to a failure or refusal of a person to account for his or her presence if the failure or refusal occurred before the commencement of this section.

(3) Subsection (1) shall not affect the application of section 19 of the Act of 1984 to a failure or refusal of a person to account for his or her presence if the failure or refusal occurred before the commencement of this section, and that section shall apply to such a failure or refusal as if subsection (1) had not been enacted.

30.

Inferences from failure of accused to mention particular facts.

30.— The Act of 1984 is amended by the insertion of the following section after section 19:

“19A.— (1) Where in any proceedings against a person for an arrestable offence evidence is given that the accused—

( a) at any time before he or she was charged with the offence, on being questioned by a member of the Garda Síochána in relation to the offence, or

( b) when being charged with the offence or informed by a member of the Garda Síochána that he or she might be prosecuted for it,

failed to mention any fact relied on in his or her defence in those proceedings, being a fact which in the circumstances existing at the time clearly called for an explanation from him or her when so questioned, charged or informed, as the case may be, then, the court, in determining whether a charge should be dismissed under Part IA of the Criminal Procedure Act 1967 or whether there is a case to answer and the court (or, subject to the judge’s directions, the jury) in determining whether the accused is guilty of the offence charged (or of any other offence of which he or she could lawfully be convicted on that charge) may draw such inferences from the failure as appear proper; and the failure may, on the basis of such inferences, be treated as, or as capable of amounting to, corroboration of any evidence in relation to which the failure is material.

(2) A person shall not be convicted of an offence solely or mainly on an inference drawn from a failure to mention a fact to which subsection (1) applies.

(3) Subsection (1) shall not have effect unless—

( a) the accused was told in ordinary language when being questioned, charged or informed, as the case may be, what the effect of the failure to mention a fact to which that subsection applies might be, and

( b) the accused was afforded a reasonable opportunity to consult a solicitor before such failure occurred.

(4) Nothing in this section shall, in any proceedings—

( a) prejudice the admissibility in evidence of the silence or other reaction of the accused in the face of anything said in his or her presence relating to the conduct in respect of which he or she is charged in so far as evidence thereof would be admissible apart from this section, or

( b) be taken to preclude the drawing of any inference from the silence or other reaction of the accused which could properly be drawn apart from this section.

(5) The court (or, subject to the judge’s directions, the jury) shall, for the purposes of drawing an inference under this section, have regard to when the fact concerned was first mentioned by the accused.

(6) This section shall not apply in relation to the questioning of a person by a member of the Garda Síochána unless it is recorded by electronic or similar means or the person consents in writing to it not being so recorded.

(7) Subject to section 7 of the Criminal Justice (Drug Trafficking) Act 1996 and section 5 of the Offences Against the State (Amendment) Act 1998, this section shall not apply in relation to a failure to mention a fact if the failure occurred before the commencement of this section.

(8) References in subsection (1) to evidence shall, in relation to the hearing of an application under Part IA of the Criminal Procedure Act 1967 for the dismissal of a charge, be taken to include a statement of the evidence to be given by a witness at the trial.

(9) In this section ‘arrestable offence’ has the meaning it has in section 2 (as amended by section 8 of the Criminal Justice Act 2006) of the Criminal Law Act 1997.”.

31.

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

31.— (1) Section 2 of the Offences Against the State (Amendment) Act 1998 is amended—

( a) in subsection (1), by—

(i) the substitution of “in determining whether a charge should be dismissed under Part IA of the Criminal Procedure Act 1967” for “in determining whether to send forward the accused for trial”, and

(ii) the substitution of “a person shall not be convicted of the offence solely or mainly on an inference drawn from such a failure” for “a person shall not be convicted of the offence solely on an inference drawn from such a failure”,

( b) by the substitution of the following subsection for subsection (2):

“(2) Subsection (1) shall not have effect unless—

( a) the accused was told in ordinary language when being questioned what the effect of such a failure might be, and

( b) the accused was afforded a reasonable opportunity to consult a solicitor before such a failure occurred.”,

and

( c) by the insertion of the following subsections after subsection (3):

“(3A) The court (or, subject to the judge’s directions, the jury) shall, for the purposes of drawing an inference under this section, have regard to whenever, if appropriate, an answer to the question concerned was first given by the accused.

(3B) This section shall not apply in relation to the questioning of a person by a member of the Garda Síochána unless it is recorded by electronic or similar means or the person consents in writing to it not being so recorded.

(3C) References in subsection (1) to evidence shall, in relation to the hearing of an application under Part IA of the Criminal Procedure Act 1967 for the dismissal of a charge, be taken to include a statement of the evidence to be given by a witness at the trial.”.

(2) This section shall not apply to a failure to answer a question to which section 2 of the Offences Against the State (Amendment) Act 1998 relates if the failure occurred before the commencement of this section.

32.

Regulations.

32.— (1) The Minister may make regulations providing for the administration of cautions by members of the Garda Síochána to persons in relation to offences.

(2) The regulations may include provision for—

( a) the form of caution to be administered to a person—

(i) at any time before the person is charged with an offence, on being questioned by a member of the Garda Síochána in relation to the offence,

(ii) when the person is being charged with an offence or informed by a member of the Garda Síochána that he or she might be prosecuted for it, or

(iii) in any other circumstances in which a caution is required, and

( b) the procedures that are to apply in circumstances where a person to whom a caution has been administered is to have the caution withdrawn and a different caution administered to him or her.

(3) Regulations under this section may provide for different forms of caution to be administered to a person in different circumstances and in different classes of cases.

(4) A failure on the part of any member of the Garda Síochána to observe any provision of the regulations shall not of itself render that member liable to any criminal or civil proceedings or of itself affect the admissibility in evidence of anything said by, or the silence of, a person to whom subsection (2)(a) applies.

(5) Regulations under this section may contain such incidental, supplementary and consequential provisions as appear to the Minister to be necessary or expedient for the purposes of the regulations.

(6) Every regulation made under this section shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the regulation is passed by either such House within the next 21 days on which that House has sat after the regulation is laid before it, the regulation shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.

PART 5

Misuse of Drugs

33.

Amendment of section 27 of Misuse of Drugs Act 1977.

33.— Section 27 of the Misuse of Drugs Act 1977 is amended by the substitution of the following subsections for subsections (3A) to (3K):

“(3A) Every person guilty of an offence under section 15A or 15B of this Act shall be liable, on conviction on indictment—

( a) to imprisonment for life or such shorter term as the court may determine, subject to subsections (3C) and (3D) of this section or, where subsection (3F) of this section applies, to that subsection, and

( b) at the court’s discretion, to a fine of such amount as the court considers appropriate.

(3B) The court, in imposing sentence on a person for an offence under section 15A or 15B of this Act, may, in particular, have regard to whether the person has a previous conviction for a drug trafficking offence.

(3C) Where a person (other than a person under the age of 18 years) is convicted of an offence under section 15A or 15B of this Act, the court shall, in imposing sentence, specify a term of not less than 10 years as the minimum term of imprisonment to be served by the person.

(3D) ( a) The purpose of this subsection is to provide that in view of the harm caused to society by drug trafficking, a court, in imposing sentence on a person (other than a person under the age of 18 years) for an offence under section 15A or 15B of this Act, shall specify a term of not less than 10 years as the minimum term of imprisonment to be served by the person, unless the court determines that by reason of exceptional and specific circumstances relating to the offence, or the person convicted of the offence, it would be unjust in all the circumstances to do so.

( b) Subsection (3C) of this section shall not apply where the court is satisfied that there are exceptional and specific circumstances relating to the offence, or the person convicted of the offence, which would make a sentence of not less than 10 years imprisonment unjust in all the circumstances and for that purpose the court may, subject to this subsection, have regard to any matters it considers appropriate, including—

(i) whether that person pleaded guilty to the offence and, if so—

(I) the stage at which he or she indicated the intention to plead guilty, and

(II) the circumstances in which the indication was given,

and

(ii) whether that person materially assisted in the investigation of the offence.

( c) The court, in considering for the purposes of paragraph ( b) of this subsection whether a sentence of not less than 10 years imprisonment is unjust in all the circumstances, may have regard, in particular, to—

(i) whether the person convicted of the offence concerned was previously convicted of a drug trafficking offence, and

(ii) whether the public interest in preventing drug trafficking would be served by the imposition of a lesser sentence.

(3E) Subsections (3C) and (3D) of this section apply and have effect only in relation to a person convicted of a first offence under section 15A or 15B of this Act (other than a person who falls under paragraph ( b) of subsection (3F) of this section), and accordingly references in those first-mentioned subsections to an offence under section 15A or 15B of this Act are to be construed as references to a first such offence.

(3F) Where a person (other than a person under the age of 18 years)—

( a) is convicted of a second or subsequent offence under section 15A or 15B of this Act, or

( b) is convicted of a first offence under one of those sections and has been convicted under the other of those sections,

the court shall, in imposing sentence, specify a term of not less than 10 years as the minimum term of imprisonment to be served by the person.

(3G) The power conferred by section 23 of the Criminal Justice Act 1951 to commute or remit a punishment shall not, in the case of a person serving a sentence imposed under subsection (3A) of this section, be exercised before the expiry of the minimum term specified by the court under subsection (3C) or (3F), as may be appropriate, of this section less any reduction of that term under subsection (3H) of this section.

(3H) The rules or practice whereby prisoners generally may earn remission of sentence by industry and good conduct shall apply in the case of a person serving a sentence imposed under subsection (3A) of this section and the minimum term specified by the court under subsection (3C) of this section shall be reduced by the amount of any remission so earned by the person.

(3I) Any powers conferred by rules made under section 2 of the Criminal Justice Act 1960 to release temporarily a person serving a sentence of imprisonment shall not, in the case of a person serving a sentence imposed under subsection (3A) of this section, be exercised during the term for which the commutation or remission of his or her punishment is prohibited by subsection (3G) of this section unless for a grave reason of a humanitarian nature, and any release so granted shall be only of such limited duration as is justified by such reason.

(3J) In imposing a sentence on a person convicted of an offence under section 15A or 15B of this Act, a court—

( a) may inquire whether at the time of the commission of the offence the person was addicted to one or more controlled drugs, and

( b) if satisfied that the person was so addicted at that time and that the addiction was a substantial factor leading to the commission of the offence, may list the sentence for review after the expiry of not less than one-half of the term specified by the court under subsection (3C) or (3F), as may be appropriate, of this section.

(3K) On reviewing a sentence listed under subsection (3J)( b) of this section, the court—

( a) may suspend the remainder of the sentence on any conditions it considers fit, and

( b) in deciding whether to exercise its powers under this subsection, may have regard to any matters it considers appropriate.

(3L) Paragraph ( a) of section 13(2) of the Criminal Procedure Act 1967 shall not apply in relation to an offence under section 15A or 15B of this Act, but each of those offences shall be deemed for the purposes of paragraph ( b) of section 13(2) of that Act to be an offence to which section 13 of that Act applies.

(3M) The reference in subsection (3I) of this section to section 2 of the Criminal Justice Act 1960 shall be construed to include that section as applied by section 4 of the Prisons Act 1970.

(3N) In subsections (3B) and (3D) of this section ‘drug trafficking offence’ has the meaning it has in section 3(1) of the Criminal Justice Act 1994 and in subsection (3D) of this section ‘drug trafficking’ has the meaning it has in the said section 3(1).”.

PART 6

Amendment of Firearms Acts 1925 to 2006

34.

Amendment of section 2 of Act of 1925.

34.— Section 2 of the Act of 1925 is amended—

( a) in subsection (5)( a), by the substitution of “, ( j) or ( k)” for “or ( j)”, and

( b) by the insertion of the following subsection after subsection (6):

“(7) The superintendent of any district may authorise the Board of the National Museum in writing to possess for a specified period a firearm that is a museum heritage object within the meaning of the National Cultural Institutions Act 1997.”.

35.

Amendment of section 15 of Act of 1925.

35.— Section 15 of the Act of 1925 is amended—

( a) by the insertion of the following subsection after subsection (4):

“(4A) The purpose of subsections (5) and (6) of this section is to provide that in view of the harm caused to society by the unlawful possession and use of firearms, a court, in imposing sentence on a person (except a person under the age of 18 years) for an offence under this section, shall specify as the minimum term of imprisonment to be served by the person a term of not less than 10 years, unless the court determines that by reason of exceptional and specific circumstances relating to the offence, or the person convicted of it, it would be unjust in all the circumstances to do so.”,

and

( b) in subsection (5), by the insertion of “, subject to subsection (6),” after “and for this purpose the court may”.

36.

Amendment of section 26 of Act of 1964.

36.— Section 26 of the Act of 1964 is amended—

( a) by the insertion of the following subsection after subsection (4):

“(4A) The purpose of subsections (5) and (6) of this section is to provide that in view of the harm caused to society by the unlawful possession and use of firearms, a court, in imposing sentence on a person (other than a person under the age of 18 years) for an offence under this section, shall specify as the minimum term of imprisonment to be served by the person a term of not less than 5 years, unless the court determines that by reason of exceptional and specific circumstances relating to the offence, or the person convicted of it, it would be unjust in all the circumstances to do so.”,

and

( b) in subsection (5), by the insertion of “, subject to subsection (6),” after “and for this purpose the court may”.

37.

Amendment of section 27 of Act of 1964.

37.— Section 27 of the Act of 1964 is amended—

( a) by the insertion of the following subsection after subsection (4):

“(4A) The purpose of subsections (5) and (6) of this section is to provide that in view of the harm caused to society by the unlawful possession and use of firearms, a court, in imposing sentence on a person (other than a person under the age of 18 years) for an offence under this section, shall specify as the minimum term of imprisonment to be served by the person a term of not less than 10 years, unless the court determines that by reason of exceptional and specific circumstances relating to the offence, or the person convicted of it, it would be unjust in all the circumstances to do so.”,

and

( b) in subsection (5), by the insertion of “, subject to subsection (6),” after “and for this purpose the court may”.

38.

Amendment of section 27A of Act of 1964.

38.— Section 27A of the Act of 1964 is amended—

( a) in subsection (1), by the insertion of “or ammunition” after “firearm”,

( b) by the insertion of the following subsection after subsection (4):

“(4A) The purpose of subsections (5) and (6) of this section is to provide that in view of the harm caused to society by the unlawful possession and use of firearms, a court, in imposing sentence on a person (other than a person under the age of 18 years) for an offence under this section, shall specify as the minimum term of imprisonment to be served by the person a term of not less than 5 years, unless the court determines that by reason of exceptional and specific circumstances relating to the offence, or the person convicted of it, it would be unjust in all the circumstances to do so.”,

and

( c) in subsection (5), by the insertion of “, subject to subsection (6),” after “and for this purpose the court may”.

39.

Amendment of section 27B of Act of 1964.

39.— Section 27B of the Act of 1964 is amended—

( a) by the insertion of the following subsection after subsection (4):

“(4A) The purpose of subsections (5) and (6) of this section is to provide that in view of the harm caused to society by the unlawful possession and use of firearms, a court, in imposing sentence on a person (other than a person under the age of 18 years) for an offence under this section, shall specify as the minimum term of imprisonment to be served by the person a term of not less than 5 years, unless the court determines that by reason of exceptional and specific circumstances relating to the offence, or the person convicted of it, it would be unjust in all the circumstances to do so.”,

and

( b) in subsection (5), by the insertion of “, subject to subsection (6),” after “and for this purpose the court may”.

40.

Amendment of section 12A of Act of 1990.

40.— Section 12A of the Act of 1990 is amended—

( a) by the insertion of the following subsection after subsection (9):

“(9A) The purpose of subsections (10) and (11) is to provide that in view of the harm caused to society by the unlawful possession and use of firearms, a court, in imposing sentence on a person (other than a person under the age of 18 years) for an offence under this section, shall specify as the minimum term of imprisonment to be served by the person a term of not less than 5 years, unless the court determines that by reason of exceptional and specific circumstances relating to the offence, or the person convicted of it, it would be unjust in all the circumstances to do so.”,

( b) in subsection (10), by the insertion of “, subject to subsection (11),” after “and for this purpose the court may”, and

( c) in subsection (13)( b), by the insertion of “27” after “section 26,”.

PART 7

Amendment of Garda Síochána Act 2005

41.

Establishment and functions of Garda Síochána Executive Management Board.

41.— The Act of 2005 is amended by the insertion of the following Chapter after section 33:

“Chapter 3A

Establishment and functions of Garda Síochána Executive Management Board

Establishment day.

33A.— The Minister shall, by order, appoint a day to be the establishment day for the purposes of this Chapter.

Establishment of Garda Síochána Executive Management Board.

33B.— On the establishment day, a body to be known as An Bord Bainistíochta Feidhmiúcháin an Gharda Síochána or, in the English language, the Garda Síochána Executive Management Board (in this Chapter referred to as “the Board”) stands established to perform the function assigned to it by this Chapter.

Membership of Board.

33C.— (1) The Board consists of—

( a) executive members who are responsible for performing the Board’s function, and

( b) 3 non-executive members, who participate in an advisory capacity in relation to the performance of that function.

(2) The executive members of the Board are—

( a) the Garda Commissioner, who is its chairperson,

( b) the Deputy Garda Commissioners, and

( c) a member of the civilian staff of the Garda Síochána of a grade equivalent to that of Deputy Garda Commissioner.

(3) The non-executive members of the Board are persons who are not serving or former members of the Garda Síochána or its civilian staff.

(4) At least one of the non-executive members of the Board shall be a woman and at least one of them shall be a man.

Appointment, etc., of non-executive members.

33D.— (1) The non-executive members of the Board shall—

( a) be appointed by the Government on the nomination of the Minister,

( b) be persons who have expertise in the strategic and financial management of organisations, the management of their human resources or the planning and review functions relating to them or have other relevant experience, and

( c) serve on the Board in a non-executive capacity to provide advice in relation to annual policing plans, budgetary matters, allocation of resources, technology, equipment, setting of targets, training, development and leadership and other related matters.

(2) Subject to subsection (5), a non-executive member holds office for a period of 4 years and is eligible for re-appointment for a second term.

(3) The terms and conditions of appointment of non-executive members, including those relating to remuneration, shall be determined by the Minister in consultation with the Minister for Finance.

(4) A non-executive member may at any time resign his or her office by letter addressed to the Minister, and the resignation takes effect on the date of receipt of the letter.

(5) A non-executive member may be removed from office by the Government for stated reasons or if in the opinion of the Government the member has become incapable through ill health or incapacity of effectively performing the duties of the office.

(6) Whenever the number of non-executive members falls below 3, the vacancy or vacancies shall be filled by appointment in accordance with subsection (1).

(7) A non-executive member who is appointed to fill a vacancy holds office for the remainder of the term of office of the replaced member.

(8) The Board may act notwithstanding any such vacancy or any resulting non-compliance with section 33C(4).

(9) A person ceases to be a non-executive member as soon as he or she—

( a) is nominated as a member of Seanad Éireann,

( b) is elected as a member of either House of the Oireachtas or of the European Parliament,

( c) is regarded pursuant to Part XIII of the Second Schedule to the European Parliament Elections Act 1997 as having been elected to the European Parliament to fill a vacancy, or

( d) becomes a member of a local authority.

Function of Board.

33E.— (1) The function of the Board is to keep under review the performance by the Garda Síochána of its functions and the arrangements and strategies in place to support and enhance the performance of those functions.

(2) In particular, the Board shall keep under review the adequacy of—

( a) the performance by the Garda Síochána of its functions,

( b) the arrangements and strategies in place to support and enhance that performance,

( c) the corporate governance arrangements and structures within the Garda Síochána,

( d) the arrangements for the recruitment, training and development of the members and civilian staff of the Garda Síochána, and

( e) the mechanisms in place within the Garda Síochána for the measurement of performance and accountability of such members and staff.

Provision of information to non-executive members by Garda Commissioner.

33F.— The Garda Commissioner shall make available to the non-executive members of the Board any information which is relevant to the performance of their functions.

Reports to Minister.

33G.— (1) The Board shall furnish to the Minister, at six-monthly intervals, a report on the performance of its function.

(2) The Minister shall cause a copy of the report to be laid before each House of the Oireachtas as soon as may be after its receipt.

Saving.

33H.— The performance by the Board of its function is without prejudice to, and in no way limits, the performance by the Garda Commissioner of his or her functions under section 26 or his or her accountability for the direction, control, management and operational efficiency of the Garda Síochána.”.

42.

Special inquiries relating to Garda Síochána.

42.— The Act of 2005 is amended by the substitution of the following section for section 42:

“Special inquiries relating to Garda Síochána.

42.— (1) The Minister, with respect to any matter considered by him or her to be of public concern, may by order appoint a person to—

( a) inquire into any aspect of administration, operation, practice or procedure of the Garda Síochána, or the conduct of its members, and

( b) make a report to the Minister on the conclusion of the inquiry.

(2) A person who, in the Minister’s opinion, has the experience, qualifications, training or expertise appropriate for the inquiry may be appointed to conduct the inquiry.

(3) The Minister shall specify the terms of reference of the inquiry in the order under subsection (1) and may, by order, made at any time before the submission of the final report, amend those terms for the purpose of clarifying, limiting or extending the scope of the inquiry.

(4) For the purpose of the inquiry, the appointed person—

( a) may require a member of the Garda Síochána, or any other person, who possesses information or possesses or controls a document or thing that is relevant to the inquiry to provide the information, document or thing to the appointed person, and

( b) where appropriate, may require the member or other person to attend before the appointed person for that purpose.

(5) The member or other person shall co-operate with the inquiry and answer fully and truthfully any question put to him or her by the appointed person.

(6) Where the member or other person fails to comply with a requirement under subsection (4), the High Court may, on application by the appointed person and on notice to the member or other person—

( a) order the member or person to comply with the requirement, and

( b) include in the order any other provision it considers necessary to enable the order to have full effect.

(7) If the member or other person fails to comply with such an order, the Court may treat the failure for all purposes as if it were a contempt of the Court.

(8) A failure by the member to comply with a requirement under subsection (4) may be the subject of disciplinary action in accordance with the Disciplinary Regulations.

(9) Any information, document or thing provided by a person in accordance with a requirement under subsection (4) is not admissible in any criminal proceedings against the person, and this shall be explained to the person in ordinary language by the appointed person.

(10) The Minister may publish all or part of any report received under this section.

(11) This section applies even if the matter considered by the Minister to be of public concern arose before the passing of this Act.

(12) The power to order an inquiry under this Act is additional to any power conferred by this or another Act relating to inquiries or investigations.

(13) In this section—

‘appointed person’ means a person appointed under this section to conduct an inquiry;

‘criminal proceedings’ does not include disciplinary proceedings.”.

43.

Other amendments to Act of 2005.

43.— The Act of 2005 is amended—

( a) in section 11(2), by the substitution of “, Deputy Garda Commissioner or Assistant Garda Commissioner” for “Deputy Garda Commissioner”,

( b) in section 15, by the addition of the following subsection:

“(6) A reserve member is a volunteer and does not perform his or her functions as such a member under a contract of employment.”,

( c) in section 39—

(i) in subsection (1), by the insertion of “or a designated officer of the Ombudsman Commission” after “rank”, and

(ii) in subsections (3) and (4), by the insertion of “or designated officer” after “rank”,

( d) in section 44—

(i) in subsection (2)( a), by the insertion of “or a member of the civilian staff of the Garda Commissioner of a grade equivalent to that of Deputy Garda Commissioner” after “Deputy Garda Commissioner”, and

(ii) by the addition of the following subsection:

“(7) The audit committee may act notwithstanding one or more than one vacancy in its membership, including a vacancy that results in subsection (2) not being complied with.”,

( e) in section 47(3), by the substitution of the following paragraph for paragraph ( a):

“( a) the period beginning on 1 July 2007 and ending 3 months after that date, and”,

( f) in section 75(3)( c), by the insertion of “chairperson of the” after “the”,

( g) in section 79(10), by the insertion of “Commission” after “Ombudsman”,

( h) in section 82(2), by the substitution of “under the provisions” for “under the provision”,

( i) in section 94(7), by the substitution of “may have been committed” for “has been committed”,

( j) in section 98(1), by the deletion of “, in relation to the member of the Garda Síochána under investigation,”,

( k) in section 99(1), by the deletion of “in the prescribed form”,

( l) in section 117(6)( b), by the substitution of “with such police service or” for “with any”, and

( m) in section 122(1)( h), by the insertion of “, including the retirement ages of reserve members and other ranks in the Garda Síochána” after “members”.

PART 8

Amendments to the Sea-Fisheries Acts 2003 and 2006

44.

Amendments to Sea-Fisheries Acts 2003 and 2006.

44.— The Sea-Fisheries and Maritime Jurisdiction Act 2006 is amended—

( a) by inserting after section 17 the following new section:

“Search warrants.

17A.— (1) This section applies to an offence under the Sea-Fisheries Acts 2003 to 2007.

(2) A judge of the District Court, by information on oath of a sea-fisheries protection officer, may, if he or she is satisfied that there are reasonable grounds for suspecting that evidence of, or relating to the commission of, an offence to which this section applies is to be found in any place, issue a warrant for the search of that place and any persons found there.

(3) A warrant under this section shall be expressed and shall operate to authorise a named sea-fisheries protection officer, alone or accompanied by such other persons as may be necessary—

( a) to enter (if necessary by the use of reasonable force) and on production of the warrant (if so requested), within 7 days from the date of issuing of the warrant, the place named in the warrant,

( b) to search it and any persons found there,

( c) while there, to exercise any of the functions of a sea-fisheries protection officer—

(i) under section 17, and

(ii) under section 18, if the place is a sea-fishing boat,

( d) to otherwise examine, take, remove and detain any thing found there, or in the possession of a person present there at the time of the search, which the sea-fisheries protection officer reasonably believes to be evidence of or relating to the commission of an offence to which this section applies, and

( e) to take any other steps which may appear to the sea-fisheries protection officer to be necessary for preserving any such thing and preventing interference with it.

(4) The authority conferred by subsection (3)( d) to take, remove and detain any thing includes, in the case of records, authority—

( a) to make and retain a copy of the records, and

( b) where necessary, to seize and, for as long as necessary, retain any computer or other storage medium in which any record is kept.

(5) A sea-fisheries protection officer acting under the authority of a warrant under this section may—

( a) operate any computer at the place which is being searched or cause any such computer to be operated by a person accompanying the officer for that purpose, and

( b) require any person at that place who appears to the officer to have lawful access to the information in any such computer—

(i) to give to the officer any password necessary to operate it,

(ii) otherwise to enable the officer to examine the information accessible by the computer in a form in which the information is visible and legible, or

(iii) to produce the information in a form in which it can be removed and in which it is, or can be made, visible and legible.

(6) Where any sea-fisheries protection officer has entered a place in the execution of a warrant issued under this section, he or she may seize and detain any material, other than items subject to legal privilege, which is likely to be of substantial value (whether by itself or together with other material) to the investigation for the purpose of which the warrant was issued.

(7) The power to issue a warrant under this section—

( a) is without prejudice to the exercise of a function by a sea-fisheries protection officer under any other provision of the Sea-Fisheries Acts 2003 to 2007, and

( b) is in addition to and not in substitution for any other power to issue a warrant for the search of any place or person.

(8) A sea-fisheries protection officer to whom a warrant under this section has been issued shall, if not in uniform and if requested by a person affected, produce evidence of his or her authority as such an officer.

(9) In this section—

‘commission’, in relation to an offence, includes an attempt to commit the offence;

‘computer at the place which is being searched’ includes any other computer, whether at that place or at any other place, which is lawfully accessible by means of that computer;

‘place’ includes a dwelling, a building or other structure or part of a building or other structure, a vehicle, a sea-fishing boat or other vessel, an aircraft, an installation in the territorial seas or in a designated area (within the meaning of the Continental Shelf Act 1968) and a tent, caravan or other temporary or movable structure;

‘thing’ includes any thing that may be inspected by a sea-fisheries protection officer pursuant to section 17 or 18.”,

( b) in section 28—

(i) by substituting for subsection (1) the following:

“(1) A person guilty of an offence committed on board a sea-fishing boat under a provision of—

( a) Chapter 2 specified in column (2) of Table 1, or

( b) the Act of 2003 specified in column (2) of Table 2,

is liable, on conviction on indictment, to the fine specified in column (3) of that Table at the reference number at which that provision is specified in respect of the category of sea-fishing boat mentioned in that column and to the forfeiture specified in subsection (5).

(1A) A person guilty of an offence under section 11, 12, 13, 14 or 15, which is not committed on board a sea-fishing boat, in respect of the buying, handling, weighing, trans-shipping, transporting, landing, processing, storing, documenting or selling of fish is liable, on conviction on indictment, to a fine not exceeding €100,000. Any fish found to which the offence relates used in the commission of the offence are, as a statutory consequence of the conviction, forfeited.”,

and

(ii) in subsection (2), by substituting “subsection (1) or (1A)” for “subsection (1)”,

and

( c) in section 29, by inserting “or under section 28(1A)” after “Table”.

PART 9

Miscellaneous

45.

Amendment of Garda Síochána (Complaints) Act 1986.

45.— (1) Paragraph 2 of the First Schedule to the Garda Síochána (Complaints) Act 1986 is amended by the insertion of the following subparagraph after subparagraph (3):

“(3A) Notwithstanding subparagraphs (2) and (3), the term of office of a member of the Board ceases on the commencement of Schedule 1 to the Garda Síochána Act 2005 in so far as that Schedule relates to the repeal of this Act.”.

(2) Paragraph 1 of the Third Schedule to that Act is amended by the insertion of the following subparagraph after subparagraph (3):

“(3A) Notwithstanding subparagraphs (2) and (3), the term of office of a member of the Board ceases on the commencement of Schedule 1 to the Garda Síochána Act 2005 in so far as that Schedule relates to the repeal of this Act.”.

46.

Amendment of Act of 2006.

46.— The Act of 2006 is amended by the substitution of the following sections for section 183:

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

183.— (1) A person is guilty of an offence if he or she possesses or controls any article in circumstances giving rise to a reasonable inference that he or she possesses or controls it for a purpose connected with the commission, preparation, facilitation or instigation of—

( a) an offence under section 15 of the Non-Fatal Offences against the Person Act 1997,

( b) a drug trafficking offence within the meaning of section 3(1) of the Criminal Justice Act 1994,

( c) murder,

( d) murder to which section 3 of the Criminal Justice Act 1990 applies, or

( e) the common law offence of kidnapping to which section 2 of, and paragraph 4 of the Schedule to, the Criminal Law (Jurisdiction) Act 1976 applies.

(2) It is a defence for a person charged with an offence under this section to prove that at the time of the alleged offence he or she did not possess or control the article concerned for a purpose specified in subsection (1).

(3) Where a person is charged with an offence under this section, no further proceedings in the matter (other than any remand in custody or on bail) may be taken except by or with the consent of the Director of Public Prosecutions.

(4) A person guilty of an offence under this section is liable on conviction on indictment to a fine or to imprisonment for a term not exceeding 5 years or both.

(5) In this section—

‘article’ means a substance, document or thing;

‘document’ includes—

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

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

‘information in non-legible form’ includes information on microfilm, magnetic tape or disk.

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

183A.— (1) A person is guilty of an offence if he or she possesses or controls monies of a value of not less than €5,000 in circumstances giving rise to a reasonable inference that he or she possesses or controls the assets concerned for a purpose connected with the commission, preparation, facilitation or instigation of—

( a) an offence under section 14 of the Criminal Justice (Theft and Fraud Offences) Act 2001,

( b) an offence under section 15 of the Non-Fatal Offences against the Person Act 1997,

( c) a drug trafficking offence within the meaning of section 3(1) of the Criminal Justice Act 1994,

( d) an offence under section 17 of the Criminal Justice (Public Order) Act 1994,

( e) murder,

( f) murder to which section 3 of the Criminal Justice Act 1990 applies, or

( g) the common law offence of kidnapping to which section 2 of, and paragraph 4 of the Schedule to, the Criminal Law (Jurisdiction) Act 1976 applies.

(2) It is a defence for a person charged with an offence under this section to prove that at the time of the alleged offence he or she did not possess or control the assets concerned for a purpose specified in subsection (1).

(3) Where a person is charged with an offence under this section, no further proceedings in the matter (other than any remand in custody or on bail) may be taken except by or with the consent of the Director of Public Prosecutions.

(4) A person guilty of an offence under this section is liable on conviction on indictment to a fine or to imprisonment for a term not exceeding 5 years or both.

(5) In this section—

‘monies’ means coins and notes in any currency, bank drafts, postal orders, certificates of deposit and any other similar instruments easily convertible into money.”.

47.

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

47.— The Criminal Justice (Theft and Fraud Offences) Act 2001 is amended—

( a) in section 15—

(i) in subsection (1), by the insertion of the following paragraph after paragraph ( a):

“( aa) robbery,”,

and

(ii) by the substitution of the following subsection for subsection (2):

“(2) It is a defence for a person charged with an offence under this section to prove that at the time of the alleged offence the article concerned was not in his or her possession for a purpose specified in subsection (1).”,

and

( b) in section 19(2), by the substitution of “€5,000” for “£1,500”.

48.

Amendment of Act of 1984.

48.— The Act of 1984 is amended—

( a) in section 6—

(i) by the insertion of the following subsection after subsection (1):

“(1A) Where photographs or fingerprints and palm prints, taken pursuant to subsection (1), are lost or damaged or are otherwise imperfect, they may be taken on a second or further occasion.”,

and

(ii) by the substitution of the following subsection for subsection (2):

“(2) The powers conferred by subsections (1)( c), (1)( d) or (1A) shall not be exercised except on the authority of a member of the Garda Síochána not below the rank of inspector.”,

and

( b) by the insertion of the following section after section 6:

“Use of reasonable force in certain circumstances.

6A.— (1) Without prejudice to the generality of section 6, a member of the Garda Síochána may, where—

( a) a person is detained under section 4, and

( b) he or she fails or refuses to allow his or her photograph or fingerprints and palm prints to be taken pursuant to section 6,

use such force as he or she reasonably considers to be necessary to take the photograph or fingerprints and palm prints.

(2) ( a) Such a power shall not be exercised except on the authority of a member of the Garda Síochána not below the rank of superintendent.

( b) An authorisation pursuant to paragraph ( a) may be given orally or in writing and if given orally shall be confirmed in writing as soon as practicable.

(3) Where a member of the Garda Síochána intends to exercise a power conferred by subsection (1), he or she shall inform the person—

( a) of that intention, and

( b) that an authorisation to do so has been given pursuant to subsection (2)( a).

(4) Photographs or fingerprints and palm prints taken pursuant to this section shall be taken in the presence of a member of the Garda Síochána not below the rank of inspector.

(5) The taking of such photographs and fingerprints and palm prints shall be video-recorded.”,

and

( c) in section 15(2), by the substitution of “€5,000” for “€2,500”.

49.

Destruction of records.

49.— The Act of 1984 is amended by the substitution of the following section for section 8:

“8.— (1) Where a person (in this section referred to as ‘the requester’) has had records taken in pursuance of powers conferred by section 6 or 6A of this Act or section 12 of the Act of 2006, and proceedings for an offence to which section 4 applies—

( a) are not instituted against the requester within the period of twelve months from the date of the taking of the records, and the failure to institute such proceedings within that period is not due to the fact that he or she has absconded or cannot be found, or

( b) have been so instituted and—

(i) the requester is acquitted,

(ii) the charge against the requester in respect of the offence concerned is dismissed under section 4E of the Criminal Procedure Act 1967, or

(iii) the proceedings are discontinued,

he or she may request the Commissioner to have the records concerned destroyed or their use limited.

(2) For the purposes of subsection (1)( b)(ii), a charge against the requester in respect of the offence concerned shall be regarded as dismissed when—

( a) the time for bringing an appeal against the dismissal has expired,

( b) any such appeal has been withdrawn or abandoned, or

( c) on any such appeal, the dismissal is upheld.

(3) Such a request shall be made in writing to the Commissioner and shall—

( a) contain sufficient particulars in relation to the request to enable the records to be identified, and

( b) set out the reasons for the request.

(4) The Commissioner shall, as soon as may be, acknowledge receipt of the request in writing.

(5) The Commissioner shall, as soon as may be but not later than 4 weeks after receipt of the request, decide whether to grant or refuse to grant the request or whether to grant it in part and shall cause the requester to be notified in writing of the decision and the date on which it was made.

(6) Where the Commissioner decides to refuse the request or grant it only in part, the requester may within 8 weeks beginning on the date of the decision, appeal to the District Court against the decision.

(7) An appeal under subsection (6) shall—

( a) be on notice to the other party to the proceedings,

( b) set out reasons for the appeal, and

( c) be heard otherwise than in public.

(8) On appeal, the court may have regard in particular to—

( a) the results of analysis (if any) of the records concerned,

( b) any previous convictions of the requester, and

( c) whether, in all the circumstances, it would be unjust not to allow the appeal.

(9) The court may make such order as it sees fit on the appeal, including an order—

( a) for the destruction of the records, or

( b) an order authorising their retention for such purpose or period as it may direct.

(10) An appeal from a refusal or grant of an order of destruction of the District Court shall lie to a judge of the Circuit Court at the instance of the requester or the Commissioner, and the appeal shall be heard otherwise than in public.

(11) Where an order for the destruction of any records is made under this section, the Commissioner shall cause the requester to be notified in writing as soon as the records have been destroyed.

(12) The jurisdiction conferred on the District Court under this section shall be exercised by the judge of that Court assigned to the district court district where the requester resides.

(13) Nothing in this section shall—

( a) prevent or restrict the exercise of powers conferred by section 6 or 6A of this Act or section 12 of the Act of 2006, or

( b) pending the conclusion of proceedings under this section, prevent or restrict use of the records for the purpose of other proceedings or of a criminal investigation.

(14) This section does not apply to records taken inpursuance of powers conferred by section 6 of this Act or section 12 of the Act of 2006 before the commencement of thissection.

(15) In this section—

‘Act of 2006’ means Criminal Justice Act 2006;

‘Commissioner’ means the Commissioner of the Garda Síochána;

‘records’ means a photograph (including a negative), fingerprints and palm prints taken in pursuance of the powers conferred by section 6 or 6A of this Act or section 12 of the Act of 2006 and every copy and related record thereof.”.

50.

Powers of detention for specified offences.

50.— (1) This section applies to—

( a) murder involving the use of a firearm or an explosive,

( b) murder to which section 3 of the Criminal Justice Act 1990 applies,

( c) an offence under section 15 of the F2 [ Act of 1925, ]

( d) an offence under section 15 of the Non-Fatal Offences against the Person Act 1997 involving the use of a F2 [ firearm, or ]

F3 [ ( e ) an offence under Part 7 of the Criminal Justice Act 2006 . ]

(2) Where a member of the Garda Síochána arrests without warrant, whether in a Garda Síochána station or elsewhere, a person (in this section referred to as “the arrested person”) whom he or she, with reasonable cause, suspects of having committed an offence to which this section applies, the arrested person—

( a) if not already in a Garda Síochána station, may be taken to and detained in a Garda Síochána station, or

( b) if he or she is arrested in a Garda Síochána station, may be detained in the station,

for such a period or periods authorised by subsection (3) if the member of the Garda Síochána in charge of the station concerned has at the time of the arrested person’s arrival at the station or his or her arrest in the station, as may be appropriate, reasonable grounds for believing that his or her detention is necessary for the proper investigation of the offence.

(3) ( a) The period for which a person may be detained pursuant to subsection (2) shall, subject to the provisions of this subsection, not exceed 6 hours from the time of his or her arrest.

( b) A member of the Garda Síochána not below the rank of superintendent may direct that a person detained pursuant to subsection (2) be detained for a further period not exceeding 18 hours if he or she has reasonable grounds for believing that such further detention is necessary for the proper investigation of the offence concerned.

( c) A member of the Garda Síochána not below the rank of chief superintendent may direct that a person detained pursuant to a direction under paragraph (b) be detained for a further period not exceeding 24 hours if he or she has reasonable grounds for believing that such further detention is necessary for the proper investigation of the offence concerned.

( d) A direction pursuant to paragraph (b) or (c) may be given orally or in writing and, if given orally, shall be recorded in writing as soon as practicable.

( e) Where a direction has been given pursuant to paragraph (b) or (c), the fact that the direction was given, the date and time when it was given and the name and rank of the member of the Garda Síochána who gave it shall be recorded.

( f) The direction or, if it was given orally, the written record of it shall be signed by the member of the Garda Síochána giving it and—

(i) shall state the date and time when it was given, the member’s name and rank and that he or she had reasonable grounds for believing that such further detention was necessary for the proper investigation of the offence concerned, and

(ii) shall be attached to and form part of the custody record (within the meaning of the Criminal Justice Act 1984 (Treatment of Persons in Custody in Garda Síochána Stations) Regulations 1987 ( S.I. No. 119 of 1987)) in respect of the person concerned.

( g) (i) A member of the Garda Síochána not below the rank of chief superintendent may apply to a judge of the Circuit Court or District Court for a warrant authorising the detention of a person detained pursuant to a direction under paragraph (c) for a further period not exceeding 72 hours if he or she has reasonable grounds for believing that such further detention is necessary for the proper investigation of the offence concerned.

(ii) On an application pursuant to subparagraph (i) the judge concerned shall issue a warrant authorising the detention of the person to whom the application relates for a further period not exceeding 72 hours if, but only if, the judge is satisfied that such further detention is necessary for the proper investigation of the offence concerned and that the investigation is being conducted diligently and expeditiously.

( h) (i) A member of the Garda Síochána not below the rank of chief superintendent may apply to a judge of the Circuit Court or District Court for a warrant authorising the detention of a person detained under a warrant issued pursuant to paragraph (g)(ii) for a further period not exceeding 48 hours, if he or she has reasonable grounds for believing that such further detention is necessary for the proper investigation of the offence concerned.

(ii) On an application pursuant to subparagraph (i) the judge concerned shall issue a warrant authorising the detention of the person to whom the application relates for a further period not exceeding 48 hours if, but only if, the judge is satisfied that such further detention is necessary for the proper investigation of the offence concerned and that the investigation is being conducted diligently and expeditiously.

(4) On an application pursuant to subsection (3) the person to whom the application relates shall be produced before the judge concerned and the judge shall hear any submissions made and consider any evidence adduced by or on behalf of the person and the member of the Garda Síochána making the application.

F3 [ (4A) ( a ) Without prejudice to paragraph (b) , where a judge hearing an application under subsection (3) is satisfied, in order to avoid a risk of prejudice to the investigation concerned, that it is desirable to do so, he or she may

(i) direct that the application be heard otherwise than in public, or

(ii) exclude from the Court during the hearing all persons except officers of the Court, persons directly concerned in the proceedings, bona fide representatives of the Press and such other persons as the Court may permit to remain.

( b ) On the hearing of an application under subsection (3) , the judge may, of his or her own motion or on application by the member of the Garda S í och á na making the application under subsection (3) , where it appears that

(i) particular evidence to be given by any member of the Garda S í och á na during the hearing (including evidence by way of answer to a question asked of the member in cross-examination) concerns steps that have been, or may be, taken in the course of any inquiry or investigation being conducted by the Garda S í och á na with respect to the suspected involvement of the person to whom the application relates, or any other person, in the commission of the offence to which the detention relates or any other offence, and

(ii) the nature of those steps is such that the giving of that evidence concerning them could prejudice, in a material respect, the proper conducting of any foregoing inquiry or investigation,

direct that, in the public interest, the particular evidence shall be given in the absence of every person, including the person to whom the application relates and any legal representative (whether of that person or the applicant), other than

(I) the member or members whose attendance is necessary for the purpose of giving the evidence to the judge; and

(II) if the judge deems it appropriate, such one or more of the clerks or registrars of the Court as the judge determines.

( c ) If, having heard such evidence given in that manner, the judge considers the disclosure of the matters to which that evidence relates would not have the effect referred to in paragraph (b)(ii) , the judge shall direct the evidence to be re-given in the presence of all the other persons (or, as the case may be, those of them not otherwise excluded from the Court under paragraph (a) ).

( d ) No person shall publish or broadcast or cause to be published or broadcast any information about an application under this section other than a statement of

(i) the fact that the application has been brought by a named person in relation to a particular investigation, and

(ii) any decision resulting from the application.

( e ) If any matter is published or broadcast in contravention of paragraph (d) , the following persons, namely

(i) in the case of a publication in a newspaper or periodical, any proprietor, any editor and any publisher of the newspaper or periodical,

(ii) in the case of any other publication, the person who publishes it, and

(iii) in the case of a broadcast, any person who transmits or provides the programme in which the broadcast is made and any person having functions in relation to the programme corresponding to those of the editor of a newspaper,

shall be guilty of an offence and shall be liable

(I) on summary conviction to a fine not exceeding 5,000 or imprisonment for a term not exceeding 12 months or both, or

(II) on conviction on indictment, to a fine not exceeding 50,000 or imprisonment for a term not exceeding 3 years or both.

( f ) Where an offence under this subsection has been committed by a body corporate and is proved to have been committed with the consent or connivance of or to be attributable to any neglect on the part of a person being a director, manager, secretary or other officer of the body corporate, or a person who was purporting to act in any such capacity, that person as well as the body corporate shall be guilty of an offence and be liable to be proceeded against and punished as if he or she were guilty of the first-mentioned offence.

( g ) Where the affairs of a body corporate are managed by its members, paragraph ( f ) shall apply in relation to the acts and defaults of a member in connection with his or her functions of management as if he or she were a director or manager of the body corporate.

( h ) In this subsection

broadcast means the transmission, relaying or distribution by wireless telegraphy, cable or the internet of communications, sounds, signs, visual images or signals, intended for direct reception by the general public whether such communications, sounds, signs, visual images or signals are actually received or not;

publish means publish, other than by way of broadcast, to the public or a portion of the public. ]

F3 [ (4B) Save where any rule of law requires such an issue to be determined by the Court, in an application under subsection (3) no issue as to the lawfulness of the arrest or detention of the person to whom the application relates may be raised.

(4C) ( a ) In an application under subsection (3) it shall not be necessary for a member of the Garda S í och á na, other than the member making the application, to give oral evidence for the purposes of the application and the latter member may testify in relation to any matter within the knowledge of another member of the Garda S í och á na that is relevant to the application notwithstanding that it is not within the personal knowledge of the member.

( b ) However, the Court hearing such an application may, if it considers it to be in the interests of justice to do so, direct that another member of the Garda S í och á na give oral evidence and the Court may adjourn the hearing of the application for the purpose of receiving such evidence. ]

(5) When issuing a warrant pursuant to subsection (3) the judge concerned may order that the person concerned be brought before a judge of the Circuit Court or District Court at a specified time or times during the period of detention specified in the warrant and if, upon the person’s being so brought before such a judge, he or she is not satisfied that the person’s detention is justified, the judge shall revoke the warrant and order the immediate release from custody of the person.

(6) If at any time during the detention of a person pursuant to this section there are no longer reasonable grounds for believing that his or her detention is necessary for the proper investigation of the offence to which the detention relates, he or she shall, subject to subsection (7), be released from custody forthwith unless he or she is charged or caused to be charged with an offence and is brought before a court as soon as may be in connection with such charge or his or her detention is authorised apart from this Act.

(7) If at any time during the detention of a person pursuant to this section a member of the Garda Síochána, with reasonable cause, suspects that person of having committed an offence to which this section applies, other than the offence to which the detention relates and the member of the Garda Síochána then in charge of the Garda Síochána station has reasonable grounds for believing that the continued detention of the person is necessary for the proper investigation of that other offence, the person may continue to be detained in relation to the other offence as if that offence was the offence for which the person was originally detained.

(8) A person shall not be detained pursuant to this section for more than 168 hours from the time of his or her arrest, not including any period which is to be excluded under subsection (8) or (8A) of section 4 of the Act of 1984 (as applied by section 52 ) in reckoning a period of detention.

F2 [ (9) Notwithstanding subsections (3) and (8) , if

( a ) an application is to be made, or is made, under subsection (3) for a warrant authorising the detention for a further period of a person detained under that subsection, and

( b ) the period of detention under that subsection has not expired at the time of the arrival of the person concerned at the court house for the purposes of the hearing of the application but would, but for this subsection, expire before, or during the hearing (including, if such should occur, any adjournment of the hearing),

it shall be deemed not to expire until the final determination of the application; and, for purposes of this subsection

(i) a certificate signed by the court clerk or registrar in attendance at the court house concerned stating the time of the arrival of the person concerned at that court house shall be evidence, until the contrary is shown, of the time of that person s arrival there;

(ii) court house includes any venue at which the hearing of the application takes place. ]

(10) Nothing in this section shall affect the operation of section 30 of the Offences Against the State Act 1939, section 4 of the Act of 1984 or section 2 of the Criminal Justice (Drug Trafficking) Act 1996.

Annotations:

Amendments:

F2

Substituted (23.07.2009) by Criminal Justice (Amendment) Act 2009 (32/2009), s. 23(1)(a), (b) and (2)(b), commenced on enactment.

F3

Inserted (23.07.2009) by Criminal Justice (Amendment) Act 2009 (32/2009), s. 23(1)(c) and (2)(a), commenced on enactment.

Editorial Notes:

E5

Application of Criminal Justice Act 1984 (Electronic Recording of Interviews) Regulations 1997 (S.I. No. 74 of 1997) conferred in respect of interviews which take place in a station with persons detained under section by Criminal Justice Act 1984 (Electronic Recording of Interviews) Regulations 1997 (S.I. No. 74 of 1997), reg. 3(2), as substituted (29.04.2009) by Criminal Justice Act 1984 (Electronic Recording of Interviews) (Amendment) Regulations 2009 (S.I. No. 168 of 2009), reg. 3, and (25.11.2010) by Criminal Justice Act 1984 (Electronic Recording of Interviews) (Amendment) Regulations 2010 (S.I. No. 560 of 2010), reg. 4.

Modifications (not altering text):

C2

Power conferred (20.11.2015) by Criminal Justice (Forensic Evidence and DNA Database System) Act 2014 (11/2014), s. (9)(1)(e), S.I. No. 508 of 2015.

Power to take samples from persons in custody of Garda Síochána

9. (1) Where a person is detained under any of the following provisions, a sample under section 11 , an intimate sample or a non-intimate sample or more than one sample may be taken from the person: ...

(e) section 50 of the Act of 2007;

...

51.

Rearrest.

51.— F4 [ (1) Where a person arrested on suspicion of having committed an offence is detained pursuant to section 50 and is released without any charge having been made against him or her, he or she shall not

( a ) be arrested again in connection with the offence to which the detention related, or

( b ) be arrested for any other offence of which, at the time of the first arrest, the member of the Garda S í och á na by whom he or she was arrested suspected, or ought reasonably to have suspected him or her, of having committed,

except on the authority of a warrant issued by a judge of the Circuit Court or the District Court who is satisfied on information supplied on oath by a member of the Garda S í och á na not below the rank of superintendent that either of the following cases apply, namely:

(i) further information has come to the knowledge of the Garda S í och á na since the person s release as to his or her suspected participation in the offence for which his or her arrest is sought,

(ii) notwithstanding that the Garda S í och á na had knowledge, prior to the person s release, of the person s suspected participation in the offence for which his or her arrest is sought, the questioning of the person in relation to that offence, prior to his or her release would not have been in the interests of the proper investigation of the offence.

(1A) An application for a warrant under this section shall be heard otherwise than in public. ]

(2) When issuing a warrant under subsection (1), the judge concerned may order that the person concerned be brought before a judge of the Circuit Court or District Court on arrest or at any specified time or times during the period of detention authorised by section 50 as applied by subsection (3) and if, upon the person’s being so brought before such a judge, he or she is not satisfied that the person’s detention is justified, the judge shall revoke the warrant and order the immediate release from custody of the person.

(3) Section 50 shall apply to a person arrested in connection with an offence to which that section relates under a warrant issued pursuant to subsection (1), as it applies to a person to whom that section applies, with the following and any other necessary modifications:

( a) in subsection (3), the substitution for paragraphs (c) and (d) of the following paragraphs:

“( c) A member of the Garda Síochána not below the rank of chief superintendent may apply to a judge of the Circuit Court or District Court for a warrant authorising the detention of a person detained pursuant to a direction under paragraph (b) for a further period not exceeding 24 hours if he or she has reasonable grounds for believing that such further detention is necessary for the proper investigation of the offence concerned.

( d) On an application under paragraph (c) the judge concerned shall issue a warrant authorising the detention of the person to whom the application relates for a further period not exceeding 24 hours if, but only if, the judge is satisfied that such further detention is necessary for the proper investigation of the offence concerned and that the investigation is being conducted diligently and expeditiously.”;

and

( b) in paragraph (g)(i) of subsection (3), the substitution of “under a warrant issued pursuant to paragraph (d)” for “pursuant to a direction under paragraph (c)”.

(4) A person arrested in connection with an offence other than one to which section 50 relates, under a warrant issued pursuant to subsection (1), shall, subject to subsection (2), be dealt with under section 4 of the Act of 1984 in like manner as a person arrested without warrant to whom the said section 4 applies.

(5) Notwithstanding subsection (1), a person to whom that subsection relates may be arrested for any offence for the purpose of charging him or her with that offence forthwith.

(6) Where a person who has been arrested under section 30 of the Offences Against the State Act 1939 or detained under section 4 of the Act of 1984 or section 2 of the Criminal Justice (Drug Trafficking) Act 1996 in connection with an offence is released without any charge having been made against him or her, he or she shall not be detained pursuant to section 50

( a) in connection with the first-mentioned offence, or

( b) in connection with an offence to which section 50 relates and which, at the time of the first arrest, the member of the Garda Síochána by whom he or she was arrested, suspected, or ought reasonably to have suspected, him or her of having committed.

Annotations:

Amendments:

F4

Substituted and inserted (23.07.2009) by Criminal Justice (Amendment) Act 2009 (32/2009), s. 23(3), commenced on enactment.

Modifications (not altering text):

C3

References to “a member of an Garda Síochána not below the rank of superintendent” construed in certain circumstances (20.11.2015) by Criminal Justice (Forensic Evidence and DNA Database System) Act 2014 (11/2014), s. 166, S.I. No. 508 of 2015.

Re-arrest in case of match of DNA profiles

166. — The reference to a member of the Garda Síochána not below the rank of superintendent in each of the provisions specified in column (3) of the Table to this section of the enactments specified in column (2) of that Table shall be construed as a reference to a member of the Garda Síochána not below the rank of inspector if the reason or one of the reasons for seeking the arrest of the person concerned for—

(a) the offence in relation to which he or she was detained under section 30 of the Act of 1939, section 4 of the Act of 1984, section 2 of the Act of 1996 or section 50 of the Act of 2007, as the case may be, or

(b) any other offence of which, at the time of the first arrest, the member of the Garda Síochána by whom he or she was arrested suspected, or ought reasonably to have suspected, him or her of having committed,

is that the Garda Síochána have, since the person‘s release, obtained the results of the forensic testing of a sample taken under the Criminal Justice (Forensic Evidence) Act 1990 or otherwise or under Part 2 from the person while he or she was detained under section 30 of the Act of 1939, section 4 of the Act of 1984, section 2 of the Act of 1996 or section 50 of the Act of 2007, as the case may be, and those results indicate a match of the person‘s DNA profile with a DNA profile generated from a sample taken from the crime scene in respect of the offence for which the arrest of the person is sought.

Table

Number and Year

(1)

Short Title

(2)

Provision amended

(3)

...

...

...

No. 29 of 2007

Criminal Justice Act 2007

Section 51(1).

Editorial Notes:

E6

Application of Criminal Justice Act 1984 (Electronic Recording of Interviews) Regulations 1997 (S.I. No. 74 of 1997) confirmed in respect of interviews which take place in a station with persons detained under section by Criminal Justice Act 1984 (Electronic Recording of Interviews) Regulations 1997 (S.I. No. 74 of 1997), reg. 3(2), as substituted (29.04.2009) by Criminal Justice Act 1984 (Electronic Recording of Interviews) (Amendment) Regulations 2009 (S.I. No. 168 of 2009), reg. 3, and (25.11.2010) by Criminal Justice Act 1984 (Electronic Recording of Interviews) (Amendment) Regulations 2010 (S.I. No. 560 of 2010), reg. 4.

52.

Application of certain provisions of Act of 1984.

52.— F5 [ (1) Sections 5, 6A, 18, 19 and 19A, subsections (4), (7), (8), (8A), (8B) and (11) of section 4 and subsections (1) to (4) of section 6 of the Act of 1984 ] shall apply with any necessary modifications in relation to persons detained under section 50 as they apply to persons detained under section 4 of that Act.

F6 [ (2) Sections 8 to 8I of the Act of 1984 shall, with the following and any other necessary modifications, apply to fingerprints, palm prints and photographs taken from or of a person detained under section 50 as they apply to fingerprints, palm prints and photographs taken from or of a person detained under section 4 of the Act of 1984:

(a) references to an offence to which section 4 of the Act of 1984 applies shall be construed as references to an offence to which section 4 of the Act of 1984 applies or an offence to which section 50 applies; and

(b) references to the detention of the person under section 4 of the Act of 1984 shall be construed as references to the detention of the person under section 50 . ]

Annotations:

Amendments:

F5

Section designated as subs. (1) and amended (20.11.2015) by Criminal Justice (Forensic Evidence and DNA Database System) Act 2014 (11/2014), s. 108(a), (b), S.I. No. 508 of 2015.

F6

Inserted (20.11.2015) by Criminal Justice (Forensic Evidence and DNA Database System) Act 2014 (11/2014), s. 108(c), S.I. No. 508 of 2015.

F7

Substituted by Criminal Justice Act 2017 (14/2017), s. 11, not commenced as of date of revision.

F8

Substituted by Criminal Justice Act 2011 (22/2011), s. 14, not commenced as of date of revision.

Modifications (not altering text):

C4

Prospective affecting provision: subs. (1) amended by Criminal Justice Act 2017 (14/2017), s. 11, not commenced as of date of revision.

52.— F5 [ (1) F7 [ Sections 5, 5A, 6A, ] 18, 19 and 19A, subsections (4), (7), (8), (8A), (8B) and (11) of section 4 and subsections (1) to (4) of section 6 of the Act of 1984 ] shall apply with any necessary modifications in relation to persons detained under section 50 as they apply to persons detained under section 4 of that Act.

C5

Prospective affecting provision: subs. (1) amended by Criminal Justice Act 2011 (22/2011), s. 14, not commenced as of date of revision.

52.— F5 [ (1) Sections F8 [ 5, 5A ] , 6A, 18, 19 and 19A, subsections (4), (7), (8), (8A), (8B) and (11) of section 4 and subsections (1) to (4) of section 6 of the Act of 1984 ] shall apply with any necessary modifications in relation to persons detained under section 50 as they apply to persons detained under section 4 of that Act.

Editorial Notes:

E7

Previous affecting provision: section amended (23.07.2009) by Criminal Justice (Amendment) Act 2009 (32/2009), s. 23(4), commenced on enactment; superseded as per F-note above.

53.

Amendment of Criminal Justice (Forensic Evidence) Act 1990.

53.— The Criminal Justice (Forensic Evidence) Act 1990 is amended—

( a) in section 2—

(i) in subsection (1), by the substitution of “ section 2 of the Criminal Justice (Drug Trafficking) Act 1996 or section 50 of the Criminal Justice Act 2007,” for “or section 2 of the Criminal Justice (Drug Trafficking) Act, 1996,”,

(ii) in subsection (3), by the insertion in paragraph ( b) after “section 3(1) of the Criminal Justice Act, 1994” of “or an offence to which section 50 of the Criminal Justice Act 2007 applies”, and

(iii) in subsection (5), by the insertion in paragraph ( a)(ii) after “within the meaning of 3(1) of the Criminal Justice Act 1994” of “or an offence to which section 50 of the Criminal Justice Act 2007 applies”, and

( b) in section 4(2), by the substitution of “ section 2 of the Criminal Justice (Drug Trafficking) Act 1996 or section 50 of the Criminal Justice Act 2007,” for “or section 2 of the Criminal Justice (Drug Trafficking) Act, 1996,”.

54.

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

54.— Section 5 of the Criminal Justice (Drug Trafficking) Act 1996 is amended by—

( a) the insertion of “4(8A),” after “4(8),”, and

( b) the substitution of “, 6A, 8, 18, 19 and 19A” for “and 8”.

55.

Amendment of section 9 of Act of 1984.

55.— Section 9 of the Act of 1984 is amended by—

( a) the insertion of “4(8A),” after “4(8),”, and

( b) the substitution of “, 6(3), 6A, 18, 19 and 19A” for “and 6(3)”.

56.

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

56.— (1) Where a person is before a court charged with an offence, a copy of any recording of the questioning of the person by a member of the Garda Síochána while he or she was detained in a Garda Síochána station, or such questioning elsewhere, in connection with the investigation of the offence shall be given to the person or his or her legal representative only if the court so directs and subject to such conditions (if any) as the court may specify.

(2) A recording referred to in subsection (1) of the questioning of a person shall not be given to the person by the Garda Síochána except in accordance with a direction or order of a court made under that subsection or otherwise and Regulation 16 of the Criminal Justice Act 1984 (Electronic Recording of Interviews) Regulations 1997 ( S.I. No. 74 of 1997) is hereby revoked.

(3) In this section—

“recording” means a recording on tape of—

( a) an oral communication, statement or utterance, or

( b) a series of visual images which, when reproduced on tape, appear as a moving picture,

or both;

“tape” includes—

( a) a disc, magnetic tape, soundtrack or other device in which sounds or signals may be embodied for the purpose of being reproduced (with or without the aid of some other instrument) in audible form, and

( b) a film, disc, magnetic tape or other device in which visual images may be embodied for the purpose of being reproduced (with or without the aid of some other instrument) in visual form.

57.

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

57.— (1) A court may admit in evidence at the trial of a person in respect of an offence—

( a) a recording by electronic or similar means, or

( b) a transcript of such a recording,

or both of the questioning of the person by a member of the Garda Síochána at a Garda Síochána station or elsewhere in connection with the investigation of the offence.

(2) Any statement made by the person concerned that is recorded in a recording which is admitted in evidence under subsection (1) may be admissible in evidence at the trial concerned notwithstanding the fact that—

( a) it was not taken down in writing at the time it was made, or

( b) that statement is not in writing and signed by the person who made it,

or both.

(3) This section shall not affect the admissibility in evidence at the trial of a person in respect of an offence of any statement that is recorded in writing made by the person during questioning by a member of the Garda Síochána at a Garda Síochána station or elsewhere in connection with the investigation of the offence (whether or not that statement is signed by the person) and irrespective of whether the making of that statement is recorded by electronic or similar means.

58.

Amendment of section 8 of Criminal Assets Bureau Act 1996.

58.— Section 8 of the Criminal Assets Bureau Act 1996 is amended—

( a) in subsection (2), by the substitution of “subject to subsections (5), (6), (6A), (6B), (6C) and (7)” for “subject to subsections (5), (6) and (7)”, and

( b) by the insertion of the following subsections after subsection (6):

“(6A) Without prejudice to the generality of subsection (6), a bureau officer who is an officer of the Revenue Commissioners or an officer of the Minister for Social and Family Affairs may, if and for so long as he or she is accompanied by a bureau officer who is a member of the Garda Síochána, attend at, and participate in, the questioning of a person detained pursuant to—

( a) section 4 of the Criminal Justice Act 1984, or

( b) section 2 of the Criminal Justice (Drug Trafficking) Act 1996 (including that section as applied by section 4 of that Act),

in connection with the investigation of an offence but only if the second-mentioned bureau officer requests the first-mentioned bureau officer to do so and the second-mentioned bureau officer is satisfied that the attendance at, and participation in, such questioning of the first-mentioned bureau officer is necessary for the proper investigation of the offence concerned.

(6B) A bureau officer who attends at, and participates in, the questioning of a person in accordance with subsection (6A) may not commit any act or make any omission which, if committed or made by a member of the Garda Síochána, would be a contravention of any regulation made under section 7 of the Criminal Justice Act 1984.

(6C) An act committed or omission made by a bureau officer who attends at, and participates in, the questioning of a person in accordance with subsection (6A) which, if committed or made by a member of the Garda Síochána, would be a contravention of any regulation made under the said section 7 shall not of itself render the bureau officer liable to any criminal or civil proceedings or of itself affect the lawfulness of the custody of the detained person or the admissibility in evidence of any statement made by him or her.”.

59.

Amendment of section 29 of Courts of Justice Act 1924.

59.— Section 29 of the Courts of Justice Act 1924 is amended—

( a) in subsection (1), by the substitution of “Subject to subsection (9A) of this section, no appeal shall lie” for “No appeal shall lie”,

( b) by the insertion of the following subsection after subsection (5):

“(5A) The Supreme Court, in an appeal under subsection (2) or (3) of this section, may, if it considers it appropriate to do so, hear argument and make a determination in relation to any part (not only the point of law of exceptional public importance which is the subject of the certificate concerned issued under whichever of those subsections is appropriate) of the decision of the Court of Criminal Appeal concerned.”,

and

( c) by the insertion of the following subsection after subsection (9):

“(9A) This section shall not affect the operation of section 3 of the Criminal Justice Act 1993.”.

60.

Amendment of section 99 of Act of 2006.

60.— Section 99 of the Act of 2006 is amended—

( a) in subsection (9), by the substitution of “the court before which proceedings for the offence are brought shall, before imposing sentence for that offence” for “the court before which proceedings for the offence were brought shall, after imposing sentence for that offence”,

( b) in subsection (10), by the substitution of “other than a period spent in custody by the person in respect of an offence referred to in subsection (9)” for “other than a period during which the person was serving a sentence of imprisonment in respect of an offence referred to in subsection (9)”,

( c) by the insertion of the following subsection after subsection (10):

“(10A) The court referred to in subsection (10) shall remand the person concerned in custody or on bail to the next sitting of the court referred to in subsection (9) for the purpose of that court imposing sentence on that person for the offence referred to in that subsection.”,

( d) in subsection (11), by the substitution of the following paragraph for paragraph ( a):

“( a) Where an order under subsection (1) is revoked under subsection (10), a sentence of imprisonment (other than a sentence consisting of imprisonment for life) imposed on the person concerned under subsection (10A) shall not commence until the expiration of any period of imprisonment required to be served by the person under subsection (10).”,

and

( e) by the addition of the following subsection:

“(20) Where a court imposes a sentence of a term of imprisonment that is to run consecutively to a sentence of a term of imprisonment the operation of a part of which is suspended, the first-mentioned sentence shall commence at the expiration of the part of the second-mentioned sentence the operation of which is not suspended.”.

SCHEDULE 1

Enactments Repealed

Number and Year

(1)

Short Title

(2)

Extent of Repeal

(3)

No. 29 of 1996

Criminal Justice (Drug Trafficking) Act 1996

Section 7.

No. 39 of 1998

Offences Against the State (Amendment) Act 1998

Section 5.

SCHEDULE 2

Offences for the purposes of Part 3

Common Law Offences

1. Murder.

Non-fatal offences against the person

2. An offence under any of the following provisions of the Non-Fatal Offences Against the Person Act 1997:

( a) section 4 (causing serious harm);

( b) section 5 (threats to kill or cause serious harm);

( c) section 15 (false imprisonment).

Explosives offences

3. An offence under any of the following provisions of the Explosive Substances Act 1883:

( a) section 2 (causing explosion likely to endanger life or damage property);

( b) section 3 (possession, etc., of explosive substances);

( c) section 4 (making or possessing explosives in suspicious circumstances).

Firearms offences

4. An offence under section 15 (possession of firearm with intent to endanger life) of the Act of 1925.

5. An offence under any of the following provisions of the Act of 1964:

( a) section 26 (possession of firearms while taking vehicle without authority);

( b) section 27 (prohibition of use of firearms to assist or aid escape);

( c) section 27A (possession of firearm or ammunition in suspicious circumstances);

( d) section 27B (carrying firearm with criminal intent).

6. An offence under section 12A (shortening barrel of shotgun or rifle) of the Act of 1990.

Aggravated burglary

7. An offence under section 13 (aggravated burglary) of the Criminal Justice (Theft and Fraud Offences) Act 2001.

Drug trafficking offences

8. A drug trafficking offence within the meaning of section 3(1) of the Criminal Justice Act 1994.

Organised crime

9. An offence under any of the following provisions of the Act of 2006:

( a) section 71 (offence of conspiracy);

F9 [ ( b ) section 71A (directing activities of a criminal organisation);

( ba ) section 72 (offence to participate in, or contribute to, certain activities); ]

( c) section 73 (commission of offence for criminal organisation).

Blackmail, extortion and demanding money with menaces

10. An offence under section 17 (blackmail, extortion and demanding money with menaces) of the Criminal Justice (Public Order) Act 1994.

Annotations:

Amendments:

F9

Substituted and inserted (23.07.2009) by Criminal Justice (Amendment) Act 2009 (32/2009), s. 14(2), commenced on enactment.