Criminal Justice (Miscellaneous Provisions) Act 2009
Number 28 of 2009
CRIMINAL JUSTICE (MISCELLANEOUS PROVISIONS) ACT 2009
REVISED
Updated to 1 May 2020
This Revised Act is an administrative consolidation of the Criminal Justice (Miscellaneous Provisions) Act 2009. 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 Emergency Measures in the Public Interest (Covid-19) Act 2020 (2/2020), enacted 27 March 2020, and all statutory instruments up to and including Criminal Justice (Miscellaneous Provisions) Act 2009 (Commencement) Order 2020 (S.I. No. 152 of 2020), made 28 April 2020, were considered in the preparation of this Revised Act.
Disclaimer: While every care has been taken in the preparation of this Revised Act, the Law Reform Commission can assume no responsibility for and give no guarantees, undertakings or warranties concerning the accuracy, completeness or up to date nature of the information provided and does not accept any liability whatsoever arising from any errors or omissions. Please notify any errors, omissions and comments by email to
revisedacts@lawreform.ie.
Number 28 of 2009
CRIMINAL JUSTICE (MISCELLANEOUS PROVISIONS) ACT 2009
REVISED
Updated to 1 May 2020
Introduction
This Revised Act presents the text of the Act as it has been amended since enactment, and preserves the format in which it was first passed.
Related legislation
Firearms Acts 1925 to 2009 : this Act is one of a group of Acts included in this collective citation to be construed together as one ( Criminal Justice (Miscellaneous Provisions) Act 2009 (28/2009), s. 1(2)). The Acts in the group are:
• Firearms Act 1925 (17/1925)
• Firearms Act 1964 (1/1964)
• Firearms 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 14.07.2000 by 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.
Annotations
This Revised Act is annotated and includes textual and non-textual amendments, statutory instruments made pursuant to the Act and previous affecting provisions.
An explanation of how to read annotations is available at
www.lawreform.ie/annotations.
Material not updated in this revision
Where other legislation is amended by this Act, those amendments may have been superseded by other amendments in other legislation, or the amended legislation may have been repealed or revoked. This information is not represented in this revision but will be reflected in a revision of the amended legislation if one is available.
Where legislation or a fragment of legislation is referred to in annotations, changes to this legislation or fragment may not be reflected in this revision but will be reflected in a revision of the legislation referred to if one is available.
A list of legislative changes to any Act, and to statutory instruments from 1972, may be found linked from the page of the Act or statutory instrument at
www.irishstatutebook.ie.
Acts which affect or previously affected this revision
• Data Protection Act 2018 (7/2018)
• Criminal Justice Act 2011 (22/2011)
All Acts up to and including Emergency Measures in the Public Interest (Covid-19) Act 2020 (2/2020), enacted 27 March 2020, were considered in the preparation of this revision.
Statutory instruments which affect or previously affected this revision
• Criminal Justice (Miscellaneous Provisions) Act 2009 (Commencement) Order 2020 (S. I. No. 152 of 2020)
• Criminal Justice (Miscellaneous Provisions) Act 2009 (Commencement) (No. 3) Order 2009 (S. I. No. 330 of 2009)
• Criminal Justice (Miscellaneous Provisions) Act 2009 (Commencement) (No. 2) Order 2009 (S.I. No. 310 of 2009)
• Criminal Justice (Miscellaneous Provisions) Act 2009 (Commencement) Order 2009 (S. I. No. 293 of 2009)
All statutory instruments up to and including Criminal Justice (Miscellaneous Provisions) Act 2009 (Commencement) Order 2020 (S.I. No. 152 of 2020), made 28 April 2020, were considered in the preparation of this revision.
Number 28 of 2009
CRIMINAL JUSTICE (MISCELLANEOUS PROVISIONS) ACT 2009
REVISED
Updated to 1 May 2020
ARRANGEMENT OF SECTIONS
Preliminary and General
Section
1. Short title and commencement.
Amendments to European Arrest Warrant Act 2003
4. Amendments to section 2 of Act of 2003.
5. Amendments to section 4 of Act of 2003.
6. Amendments to section 10 of Act of 2003.
7. Amendments to section 11 of Act of 2003.
8. Amendments to section 12 of Act of 2003.
9. Amendments to section 13 of Act of 2003.
10. Amendment to section 14 of Act of 2003.
11. Amendments to section 15 of Act of 2003.
12. Amendments to section 16 of Act of 2003.
13. Amendments to section 18 of Act of 2003.
14. Amendment to section 20 of Act of 2003.
15. Amendment to section 29 of Act of 2003.
16. Amendments to section 33 of Act of 2003.
17. Amendment to section 38 of Act of 2003.
18. Amendment to section 34 of Act of 2003.
19. Deletion of section 40 of Act of 2003.
20. New sections 45 to 45C of Act of 2003.
Schengen Information System
22. Exchange of Information for purposes of Council Decision and Schengen Convention.
24. Amendments to section 27 of Extradition Act 1965.
Amendment of Firearms Acts
25. Amendments to section 1 of Principal Act.
26. Amendment to section 2 of Principal Act.
27. New section 2C of Principal Act.
28. Amendment to section 3 of Principal Act.
29. Amendment to section 3A of Principal Act.
30. New sections 3B, 3C and 3D of Principal Act.
31. Commissioner to conduct annual review.
32. Amendment to section 4B of Principal Act.
33. New section 4C of Principal Act.
34. Reporting of loss of firearm or ammunition.
35. New section 9A of Principal Act.
36. New section 17 of Principal Act.
37. Amendment to section 9 of Act of 1964.
38. Repeal of section 21 of Act of 1964.
39. Amendment to section 9 of Act of 1990.
40. New sections 9A to 9I of Act of 1990.
41. Amendment to section 16 of Act of 1990.
42. Amendment to section 2 of Act of 2000.
43. Amendment to section 30 of Act of 2006.
44. Repeal of section 40 of Act of 2006.
Miscellaneous
45. Amendment to section 2 of Act of 1857.
46. New section 2A of Act of 1857.
47. Amendment to section 4 of Criminal Justice Act 1984.
48. Amendment of Bail Act 1997.
49. Amendment to section 15 of Act of 2001.
50. Amendment to section 39 of Act of 2001.
Acts Referred to
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1997,No. 16 |
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2001,No. 24 |
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1961,No. 39 |
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1984,No. 22 |
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1990,No. 16 |
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1999,No. 10 |
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2006,No. 26 |
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2007,No. 29 |
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1997,No. 4 |
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2005,No. 2 |
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2001,No. 50 |
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Data Protection Acts 1988 and 2003 |
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2003,No. 45 |
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1965,No. 17 |
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1994,No. 6 |
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2001,No. 49 |
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2002,No. 5 |
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1925,No. 17 |
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1964,No. 1 |
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1971,No. 13 |
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Firearms Acts 1925 to 2007 |
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1990,No. 12 |
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2000, No. 20 |
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1968,No. 20 |
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Offences Against the State Acts 1939 to 1998 |
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2007,No. 10 |
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Summary Jurisdiction Act 1857 |
20 & 21 Vic. c. 43 |
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1997,No. 39 |
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1976,No. 39 |
Number 28 of 2009
CRIMINAL JUSTICE (MISCELLANEOUS PROVISIONS) ACT 2009
REVISED
Updated to 1 May 2020
AN ACT TO GIVE FURTHER EFFECT TO THE COUNCIL FRAMEWORK DECISION OF 13 JUNE 2002 ON THE EUROPEAN ARREST WARRANT AND THE SURRENDER PROCEDURES BETWEEN MEMBER STATES, AND TO GIVE EFFECT TO THE COUNCIL DECISION 2007/533/JHA OF 12 JUNE 2007 ON THE ESTABLISHMENT, OPERATION AND USE OF THE SECOND GENERATION SCHENGEN INFORMATION SYSTEM, AND FOR THOSE AND OTHER PURPOSES TO AMEND THE EUROPEAN ARREST WARRANT ACT 2003, EXTEND THE APPLICATION OF THE DATA PROTECTION ACTS 1988 AND 2003 AND AMEND THE EXTRADITION ACT 1965, TO AMEND THE LAW RELATING TO THE REGULATION AND CONTROL OF FIREARMS AND AMMUNITION AND FOR THAT AND OTHER PURPOSES TO AMEND THE FIREARMS ACTS 1925 TO 2007, TO AMEND CERTAIN OTHER ENACTMENTS AND TO PROVIDE FOR RELATED MATTERS.
[21 st July, 2009]
BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS: