Criminal Procedure Act 2010


Number 27 of 2010


CRIMINAL PROCEDURE ACT 2010

REVISED

Updated to 30 July 2018


This Revised Act is an administrative consolidation of the Criminal Procedure Act 2010. It is prepared by the Law Reform Commission in accordance with its function under the Law Reform Commission Act 2010 (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 (Corruption Offences) Act 2018 (Commencement) Order 2018 (S.I. No. 298 of 2018), made 26 July 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 27 of 2010


CRIMINAL PROCEDURE ACT 2010

REVISED

Updated to 30 July 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 passed.

Related legislation

This Act is not collectively cited with any other Act.

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Where other legislation is amended by this Act, those amendments may have been superseded by other amendments in other legislation, or the amended legislation may have been repealed or revoked.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

Criminal Justice (Corruption Offences) Act 2018 (9/2018)

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

Criminal Law (Sexual Offences) Act 2017 (2/2017)

Court of Appeal Act 2014 (18/2014)

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

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 Procedure Act 2010 (Commencement) Order 2010 (S.I. No. 414 of 2010)

All statutory instruments up to and including Criminal Justice (Corruption Offences) Act 2018 (Commencement) Order 2018 (S.I. No. 298 of 2018), made 26 July 2018, were considered in the preparation of this revision.


Number 27 of 2010


CRIMINAL PROCEDURE ACT 2010

REVISED

Updated to 30 July 2018


ARRANGEMENT OF SECTIONS

PART 1

Preliminary and General

Section

1. Short title and commencement.

2. Interpretation.

3. Expenses.

PART 2

Impact of Crime on Victim

4. Amendment of section 5 of Act of 1993.

5. Evidence through television link.

6. Evidence through intermediary.

PART 3

Exceptions to rule against double jeopardy

Chapter 1

Interpretation

7. Interpretation ( Part 3).

Chapter 2

Application for re-trial orders under Part 3

8. Application by Director seeking re-trial order where new and compelling evidence becomes available.

9. Application by Director for re-trial order where previous acquittal tainted.

10. Re-trial orders.

11. Amendment of Act of 1962.

12. Orders to safeguard fairness of re-trial.

13. Effect of re-trial order.

14. Appeals on point of law to Supreme Court. (repealed)

Chapter 3

Approval of District Court for exercise of certain powers relating to persons acquitted of relevant offences

15. Certain powers may be used only in accordance with Act.

16. Arrest of person in respect of whom section 15 applies may be authorised by District Court in certain circumstances.

17. Arrest in certain circumstances of person in respect of whom section 15 applies where person is in prison etc.

18. Search warrant in aid of investigation relating to relevant offences may be authorised by District Court in certain circumstances.

Chapter 4

Miscellaneous

19. Admissibility of evidence in proceedings under Part.

20. Other appeals or review rights not affected.

21. Application of section 6 of Prosecution of Offences Act 1974.

22. Rules of court and expeditious hearings.

PART 4

Appeals and Matters Relating to Appeals

Chapter 1

With prejudice prosecution appeals

23. Appeals by Director etc., in certain criminal proceedings.

24. No appeal in certain circumstances.

25. Orders to safeguard fairness of re-trial.

26. Order for re-trial following appeal under section 23.

27. Amendment of section 3 of Criminal Justice Act 1994.

28. Other appeals or review rights not affected.

29. Application of section 6 of Prosecution of Offences Act 1974.

30. Rules of court and expeditious hearings.

Chapter 2

Miscellaneous matters relating to appeals

31. Amendment of Courts of Justice Act 1924.

32. Amendment of section 44 of Offences Against the State Act 1939.

PART 5

MISCELLANEOUS PROVISIONS

Chapter 1

Giving of Evidence

33. Amendment of Criminal Justice (Evidence) Act 1924.

34. Expert evidence adduced by defence.

35. Return or disposal of property to be used as evidence.

Chapter 2

Miscellaneous amendments

36. Amendment of section 22 of Courts Act 1991.

37. Amendment of Act of 1967.

38. Amendment to First Schedule to Criminal Justice Act 1951.

SCHEDULE

RELEVANT OFFENCES


Acts Referred to

Air Navigation and Transport Act 1973

1973, No. 29

Air Navigation and Transport Act 1975

1975, No. 9

Broadcasting Act 2009

2009, No. 18

Child Trafficking and Pornography Act 1998

1998, No. 22

Children Act 2001

2001, No. 24

Courts Act 1991

1991, No. 20

Courts of Justice Act 1924

1924, No. 10

Criminal Damage Act 1991

1991, No. 31

Criminal Evidence Act 1992

1992, No. 12

Criminal Justice (Evidence) Act 1924

1924, No. 37

Criminal Justice (Legal Aid) Act 1962

1962, No. 12

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

Criminal Justice Act 1951

1951, No. 2

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 1999

1999, No. 10

Criminal Justice Act 2006

2006, No. 26

Criminal Law (Human Trafficking) Act 2008

2008, No. 8

Criminal Law (Insanity) Act 2006

2006, No. 11

Criminal Law (Rape) (Amendment) Act 1990

1990, No. 32

Criminal Law (Sexual Offences) Act 2006

2006, No. 15

Criminal Procedure Act 1967

1967, No. 12

Explosive Substances Act 1883

46 & 47 Vict., c. 3

Firearms Act 1925

1925, No. 17

Firearms Act 1964

1964, No. 1

International Criminal Court Act 2006

2006, No. 30

Maritime Security Act 2004

2004, No. 29

Misuse of Drugs Act 1977

1977, No. 12

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

Prevention of Corruption Act 1906

6 Edw. 7, c. 34

Prisons Act 2007

2007, No. 10

Prosecution of Offences Act 1974

1974, No. 22

Punishment of Incest Act 1908

8 Edw. 7, c. 45


Number 27 of 2010


CRIMINAL PROCEDURE ACT 2010

REVISED

Updated to 30 July 2018


AN ACT TO AMEND AND EXTEND THE CRIMINAL JUSTICE ACT 1993; TO AMEND CRIMINAL LAW AND PROCEDURE IN OTHER RESPECTS, INCLUDING MAKING PROVISION FOR EXCEPTIONS TO THE RULE AGAINST DOUBLE JEOPARDY SO AS TO ENABLE THE COURT OF CRIMINAL APPEAL TO HEAR AND DETERMINE APPLICATIONS BROUGHT IN CERTAIN CIRCUMSTANCES BY THE DIRECTOR OF PUBLIC PROSECUTIONS TO QUASH CERTAIN ACQUITTALS AND TO HAVE PERSONS WHO ARE THE SUBJECT OF THOSE APPLICATIONS RE-TRIED, AND TO PROVIDE FOR AN APPEAL TO THE SUPREME COURT ON A POINT OF LAW FROM A DETERMINATION OF THE COURT OF CRIMINAL APPEAL IN RESPECT OF SUCH APPLICATIONS; TO EXTEND THE POWERS OF THE GARDA SÍOCHÁNA IN RELATION TO THE INVESTIGATION OF CERTAIN OFFENCES; TO EXTEND THE CIRCUMSTANCES IN WHICH THE DIRECTOR OF PUBLIC PROSECUTIONS OR THE ATTORNEY GENERAL, AS MAY BE APPROPRIATE, MAY TAKE AN APPEAL IN CRIMINAL PROCEEDINGS; TO AMEND THE CRIMINAL JUSTICE (EVIDENCE) ACT 1924 AND TO AMEND AND EXTEND THE LAW RELATING TO EVIDENCE IN OTHER RESPECTS; TO AMEND THE CRIMINAL JUSTICE ACT 1994, THE COURTS ACT 1991, THE CRIMINAL PROCEDURE ACT 1967, THE CRIMINAL JUSTICE (LEGAL AID) ACT 1962, THE CRIMINAL JUSTICE ACT 1951, THE OFFENCES AGAINST THE STATE ACT 1939 AND THE COURTS OF JUSTICE ACT 1924; AND TO PROVIDE FOR RELATED MATTERS.

[20 th July, 2010]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS: