Criminal Justice (Miscellaneous Provisions) Act 2009


Number 28 of 2009


CRIMINAL JUSTICE (MISCELLANEOUS PROVISIONS) ACT 2009

REVISED

Updated to 25 May 2018


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 Data Protection Act 2018 (7/2018), enacted 24 May 2018, and all statutory instruments up to and including Data Protection Act 2018 (Establishment Day) Order 2018 (S.I. No. 175 of 2018), made 24 May 2018, 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 25 May 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

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 1985, 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 Data Protection Act 2018 (7/2018), enacted 24 May 2018, were considered in the preparation of this revision.

Statutory instruments which affect or previously affected this revision

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 Data Protection Act 2018 (Establishment Day) Order 2018 (S.I. No. 175 of 2018), made 24 May 2018, were considered in the preparation of this revision.


Number 28 of 2009


CRIMINAL JUSTICE (MISCELLANEOUS PROVISIONS) ACT 2009

REVISED

Updated to 25 May 2018


ARRANGEMENT OF SECTIONS

PART 1

Preliminary and General

Section

1. Short title and commencement.

2. Interpretation.

3. Expenses.

PART 2

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.

PART 3

Schengen Information System

21. Interpretation.

22. Exchange of Information for purposes of Council Decision and Schengen Convention.

23. Data Protection.

24. Amendments to section 27 of Extradition Act 1965.

PART 4

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.

PART 5

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.

51. Amendment to section 99 of Criminal Justice Act 2006.

52. Amendment to Regulation 12 of Criminal Justice Act 1984 (Treatment of Persons in Custody in Garda Síochána Stations) Regulations 1987.


Acts Referred to

Bail Act 1997

1997,No. 16

Children Act 2001

2001,No. 24

Courts (Supplemental Provisions) Act 1961

1961,No. 39

Criminal Justice Act 1984

1984,No. 22

Criminal Justice Act 1990

1990,No. 16

Criminal Justice Act 1999

1999,No. 10

Criminal Justice Act 2006

2006,No. 26

Criminal Justice Act 2007

2007,No. 29

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

Data Protection Acts 1988 and 2003

European Arrest Warrant Act 2003

2003,No. 45

Extradition Act 1965

1965,No. 17

Extradition (Amendment) Act 1994

1994,No. 6

Extradition (European Conventions) Act 2001

2001,No. 49

Finance Act 2002

2002,No. 5

Firearms Act 1925

1925,No. 17

Firearms Act 1964

1964,No. 1

Firearms Act 1971

1971,No. 13

Firearms Acts 1925 to 2007

Firearms and Offensive Weapons Act 1990

1990,No. 12

Firearms (Firearms Certificates for Non-Residents) Act 2000

2000, No. 20

Firearms (Proofing) Act 1968

1968,No. 20

Offences Against the State Acts 1939 to 1998

Prisons Act 2007

2007,No. 10

Summary Jurisdiction Act 1857

20 & 21 Vic. c. 43

Taxes Consolidation Act 1997

1997,No. 39

Wildlife Act 1976

1976,No. 39


Number 28 of 2009


CRIMINAL JUSTICE (MISCELLANEOUS PROVISIONS) ACT 2009

REVISED

Updated to 25 May 2018


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: