Criminal Justice (Mutual Assistance) Act 2008


Number 7 of 2008


CRIMINAL JUSTICE (MUTUAL ASSISTANCE) ACT 2008

REVISED

Updated to 17 August 2018


This Revised Act is an administrative consolidation of the Criminal Justice (Mutual Assistance) Act 2008. 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 Companies (Statutory Audits) Act 2018 22/2018), enacted 25 July 2018, and all statutory instruments up to and including Criminal Justice (Mutual Assistance) Act 2008 (Designation of States in Accordance with the Protocol of Convention for the Protection of Cultural Property in the Event of Armed Conflict) Order 2018 (S.I. No. 300 of 2018), made 20 July 2018, were considered in the preparation of this revision.

Disclaimer: While every care has been taken in the preparation of this Revised Act, the Law Reform Commission can assume no responsibility for and give no guarantees, undertakings or warranties concerning the accuracy, completeness or up to date nature of the information provided and does not accept any liability whatsoever arising from any errors or omissions. Please notify any errors, omissions and comments by email to

revisedacts@lawreform.ie.


Number 7 of 2008


CRIMINAL JUSTICE (MUTUAL ASSISTANCE) ACT 2008

REVISED

Updated to 17 August 2018


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

Criminal Justice (Mutual Assistance) Acts 2008 and 2015: this Act is one of a group of Acts included in this collective citation ( Criminal Justice (Mutual Assistance) (Amendment) Act 2015) (40/2015), s. 37(2)). The Acts in the group are:

Criminal Justice (Mutual Assistance) Act 2008 (7/2008)

Criminal Justice (Mutual Assistance) (Amendment) Act 2015 (40/2015)

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Where other legislation is amended by this Act, those amendments may have been superseded by other amendments in other legislation, or the amended legislation may have been repealed or revoked.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 1984, 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

Data Protection Act 2018 (7/2018)

Protection of Cultural Property in the Event of Armed Conflict (Hague Convention) Act 2017 (36/2017)

Prisons Act 2015 (57/2015)

Criminal Justice (Mutual Assistance) (Amendment) Act 2015 (40/2015)

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

Europol Act 2012 (53/2012)

Central Bank Reform Act 2010 (23/2010)

Criminal Justice (Money Laundering and Terrorist Financing) Act 2010 (6/2010)

Criminal Justice Act 1994 (15/1994)

All Acts up to and including Companies (Statutory Audits) Act 2018 (22/2018), enacted 25 July 2018, were considered in the preparation of this revision.

Statutory instruments which affect or previously affected this revision

Criminal Justice (Mutual Assistance) Act 2008 (Designation of States in Accordance with the Protocol of Convention for the Protection of Cultural Property in the Event of Armed Conflict) Order 2018 (S.I. No. 300 of 2018)

Criminal Justice (Mutual Assistance) Act 2008 (Commencement) Order 2014 (S.I. No. 541 of 2014)

Criminal Justice (Mutual Assistance) Act 2008 (Section 4) Order 2012 (S.I. No. 222 of 2012)

Criminal Justice (Mutual Assistance) Act, 2008 (Section 4) (No. 2) Order 2011 (S.I. No. 561 of 2011)

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

Criminal Justice (Mutual Assistance) Act 2008 (Section 4) Order 2011 (S.I. No. 60 of 2011)

Criminal Justice (Mutual Assistance) Act 2008 (Section 4) (No. 2) Order 2010 (S.I. No. 372 of 2010)

Criminal Justice (Mutual Assistance) Act 2008 (Section 4) Order 2010 (S.I. No. 42 of 2010)

Criminal Justice (Mutual Assistance) Act 2008 (Commencement) Order 2008 (S.I. No. 338 of 2008)

All statutory instruments up to and including Criminal Justice (Mutual Assistance) Act 2008 (Designation of States in Accordance with the Protocol of Convention for the Protection of Cultural Property in the Event of Armed Conflict) Order 2018 (S.I. No. 300 of 2018), made 20 July 2018, were considered in the preparation of this revision.


Number 7 of 2008


CRIMINAL JUSTICE (MUTUAL ASSISTANCE) ACT 2008

REVISED

Updated to 17 August 2018


Information about financial transactions for use in the State

Information about financial transactions for use in designated state

Supplementary

Introductory

Requests for interception where technical assistance required

Notifications of other interceptions

Miscellaneous

28. Indirect interception of telecommunications messages.

29. Application of Act of 1993 in relation to this Part.

30. Amendment of section 110 of Act of 1983.

PART 4

Freezing, Confiscation and Forfeiture of Property

Chapter 1

Interpretation

31. Interpretation ( Part 4).

Chapter 2

Freezing of Property

32. Freezing order relating to evidence.

33. Transmission of freezing order for enforcement outside the State.

34. Transmission of external freezing orders to State for enforcement.

35. Recognition and enforcement of external freezing orders.

36. Application, etc., of freezing co-operation orders.

37. Registration of freezing co-operation orders.

38. Exercise of powers under this Chapter by High Court or receiver.

39. Receivers: supplementary provisions.

40. Bankruptcy of defendant, etc.

41. Property subject to freezing co-operation order dealt with by Official Assignee.

42. Application of proceeds of realisation.

43. Winding up of company holding realisable property.

44. Duration of freezing co-operation order.

45. Variation or discharge of freezing co-operation order.

46. Refusal to make freezing co-operation order.

47. Postponement of freezing co-operation order.

48. Subsequent treatment of frozen property.

Chapter 3

Confiscation of Property

49. Request for confiscation of property in designated state.

50. Transmission to State of external confiscation order.

51. Confiscation co-operation order.

51A. External confiscation orders (member states).

51B. Refusal to confiscate.

51C. Postponement of confiscation.

51D. Variation or discharge of confiscation co-operation orders.

51E. Variation or discharge of external confiscation orders from member states.

51F. Termination of external confiscation orders from member states.

51G. Central Authority to inform competent authority.

52. Enforcement, etc., of confiscation co-operation orders.

53. Realisation of property subject to confiscation co-operation order.

54. Interest on sums unpaid under confiscation co-operation orders.

55. Payments under confiscation co-operation orders to be expressed in euro.

56. Exercise of powers under this Chapter by High Court or receiver.

57. Application to confiscation co-operation orders of certain provisions relating to freezing co-operation orders.

57A. Application of provisions on enforcement and realisation to execution of external confiscation order from member states.

Chapter 4

Forfeiture of Property

58. Transmission of external forfeiture order to designated state for enforcement.

59. Transmission of external forfeiture order to State for enforcement.

60. Forfeiture co-operation order.

PART 4A

Financial Penalties

60A. Interpretation.

60B. Request for execution of financial penalty order in member state.

60C. Transmission to State of external financial penalty order.

60D. External financial penalty orders.

60E. Refusal to execute external financial penalty order.

60F. Variation of amount payable under external financial penalty order.

60G. Termination of execution of external financial penalty order.

60H. Central Authority to inform competent authority.

60I. Amounts to accrue to Exchequer.

PART 5

Provision of Evidence

Chapter 1

Interpretation

61. Interpretation ( Part 5).

Chapter 2

Taking of Evidence

62. Evidence from person in designated state.

63. Evidence for use in designated state.

64. Privilege of witnesses.

Evidence of prisoners

Evidence through television link

Evidence by telephone link for use outside State

Search for Evidence

73. Search for evidence at place in designated state.

74. Search for evidence for use outside State (general).

75. Search for particular evidence for use outside State.

75A. Powers of officers of Revenue Commissioners.

Chapter 3

Identification evidence

76. Definitions ( Chapter 3).

77. Identification evidence for use in State.

78. Identification evidence for use outside State.

79. Action on request.

79A. Request pursuant to Article 7 of 2008 Council Decision or that Article as applied by 2009 Agreement with Iceland and Norway.

79B. Application for court order authorising taking of identification evidence from protected person or child under Act of 2008.

79C. Recording of supply and receipt of data for requests pursuant to Article 7 of 2008 Council Decision or that Article as applied by 2009 Agreement with Iceland and Norway.

PART 6

Other Forms of Assistance

Chapter 1

Service of documents

80. Documents for service outside State.

81. Mode of service.

82. Service of documents in State.

Chapter 2

Examining objects and sites

83. Examining objects and sites.

Chapter 3

Restitution

84. Restitution of stolen property from designated state.

85. Request to State for restitution of stolen property.

86. Action on request.

87. Order for restitution.

Chapter 4

Controlled deliveries

88. Interpretation ( Chapter 4).

89. Controlled delivery in designated state.

90. Controlled delivery in State.

91. Amendment of Garda Síochána Act 2005.

92. Application of Criminal Justice (Joint Investigation Teams) Act 2004 in relation to controlled deliveries.

PART 7

Mutual Assistance in Criminal Matters Between the State and the United States of America

93. Definitions ( Part 7).

94. Application in State of Ireland - US Treaty.

PART 7A

Special Intervention Units

94A. Interpretation.

94B. Special intervention unit.

94C. Request to member state for assistance of special intervention unit in dealing with crisis situation.

94D. Request to State for assistance of special intervention unit in dealing with crisis situation.

94E. Operation of special intervention unit.

PART 8

Miscellaneous

95. Exchange of information concerning terrorist offences between Europol, Eurojust and member states.

95A. Eurojust national member.

96. Application and amendment of Criminal Justice (Joint Investigation Teams) Act 2004.

97. Presence of representatives of requesting state at execution of request.

98. Presence of members of Garda Síochána at execution of request in designated state.

99. Use of information or evidence obtained in response to request in designated state.

100. Disclosure prejudicing investigation.

101. Liability of officers of body corporate.

102. Evidence in proceedings (general).

103. Provisional measures.

104. Recognition of third party rights.

105. Amendment of Criminal Justice Act 1994.

106. Amendment of section 8(7) of Criminal Assets Bureau Act 1996.

107. Personal data protection.

108. Exercise of powers by judge of District Court outside district court district.

109. Regulations.

110. Expenses.

111. Laying of orders or regulations before Houses of Oireachtas.

SCHEDULE 1

Text of 2000 Convention

SCHEDULE 2

Text of 2001 Protocol

SCHEDULE 3

Text of Agreement with Iceland and Norway

SCHEDULE 3A

Text of Agreement between the European Union and Japan on Mutual Legal Assistance in Criminal Matters

SCHEDULE 4

Text of Articles 49 and 51 of Schengen Convention

SCHEDULE 5

Text of Framework Decision

SCHEDULE 5A

Text of 2005 Framework Decision

SCHEDULE 5B

Text of 2006 Framework Decision

SCHEDULE 6

Text of Title III of EC/Swiss Confederation Agreement

SCHEDULE 7

Text of 2005 Council Decision

SCHEDULE 7A

Text of the 2008 Council Decision (special intervention units)

SCHEDULE 7B

Text of 2009 Council Decision

SCHEDULE 8

PART 1

Text of 1959 Convention

PART 2

Text of First Additional Protocol to 1959 Convention

SCHEDULE 9

Text of Second Additional Protocol to 1959 Convention

SCHEDULE 10

Text of Chapter IV of 2005 Convention

SCHEDULE 11

Text of Articles 13, 14, 18, 19 and 20 of the United Nations Convention against Transnational Organised Crime, done at New York on 15 November 2000.

SCHEDULE 12

Text of Articles 46, 49, 50 and 54 to 57 of the United Nations Convention against Corruption, done at New York on 31 October 2003

SCHEDULE 13

Text of EU/US Agreement on Mutual Legal Assistance

SCHEDULE 14

Text of Ireland/US Treaty of 18 January 2001, as applied by Instrument of 14 July 2005


Acts Referred to

Bail Act 1997

1997, No. 16

Bankers’ Books Evidence Act 1879

42 & 43 Vic., c. 11

Bankruptcy Act 1988

1988, No. 27

Central Bank Act 1971

1971, No. 24

Children Act 2001

2001, No. 24

Companies Act 1963

1963, No. 33

Companies Acts 1963 to 2006

Courts (Supplemental Provisions) Act 1961

1961, No. 39

Criminal Assets Bureau Act 1996

1996, No. 31

Criminal Justice Act 1994

1994, No. 15

Criminal Justice Act 2006

2006, No. 26

Criminal Justice (Joint Investigation Teams) Act 2004

2004, No. 20

Criminal Justice (Miscellaneous Provisions) Act 1997

1997, No. 4

Criminal Justice (Terrorist Offences) Act 2005

2005, No. 2

Criminal Justice (Theft and Fraud Offences) Act 2001

2001, No. 50

Criminal Justice (United Nations Convention against Torture) Act 2000

2000, No. 11

Data Protection Act 1988

1988, No. 25

Data Protection Acts 1988 and 2003

Dentists Act 1985

1985, No. 9

European Arrest Warrant Act 2003

2003, No. 45

Europol Act 1997

1997, No. 38

Extradition Acts 1965 to 2001

Extradition (Amendment) Act 1994

1994, No. 6

Extradition (European Convention on the Suppression of Terrorism) Act 1987

1987, No. 1

Extradition (European Union Conventions) Act 2001

2001, No. 49

Garda Síochána Act 2005

2005, No. 20

Immigration Act 1999

1999, No. 22

Interception of Postal Packets and Telecommunications Messages (Regulation) Act 1993

1993, No. 10

Medical Practitioners Act 1978

1978, No. 4

Misuse of Drugs Act 1977

1977, No. 12

Nurses Act 1985

1985, No. 18

Official Secrets Act 1963

1963, No. 1

Police (Property) Act 1897

60 & 61 Vic., c. 30

Postal and Telecommunications Services Act 1983

1983, No. 24

Prisons Act 1970

1970, No. 11

Prisons Act 1972

1972, No. 7

Probation of Offenders Act 1907

7 Edw. 7., c. 17

Registration of Deeds and Title Act 2006

2006, No. 12

Registration of Deeds and Title Acts 1964 and 2006

Statutory Declarations Act 1938

1938, No. 37

Transfer of Sentenced Prisoners Act 1995

1995, No. 16


Number 7 of 2008


CRIMINAL JUSTICE (MUTUAL ASSISTANCE) ACT 2008

REVISED

Updated to 17 August 2018


AN ACT—

( a) TO ENABLE EFFECT TO BE GIVEN IN THE STATE TO CERTAIN INTERNATIONAL AGREEMENTS, OR PROVISIONS OF SUCH AGREEMENTS, BETWEEN THE STATE AND OTHER STATES RELATING TO MUTUAL ASSISTANCE IN CRIMINAL MATTERS;

( b) TO REPEAL AND RE-ENACT, WITH AMENDMENTS, PART VII (INTERNATIONAL CO-OPERATION) OF THE CRIMINAL JUSTICE ACT 1994;

AND TO PROVIDE FOR RELATED MATTERS.

[28 th April, 2008]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS: