Criminal Justice Act 1984

Number 22 of 1984

CRIMINAL JUSTICE ACT 1984

REVISED

Updated to 13 November 2023

This revised Act is an administrative consolidation of the Criminal Justice Act 1984. 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 the Electricity Costs (Emergency Measures) Domestic Accounts Act 2023 (29/2023), enacted 10 November 2023, and all statutory instruments up to and including the Sex Offenders (Amendment) Act 2023 (Commencement) Order 2023 (S.I. No. 539 of 2023), made 9 November 2023, 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 do 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 22 of 1984

CRIMINAL JUSTICE ACT 1984

REVISED

Updated to 13 November 2023

ARRANGEMENT OF SECTIONS

Section
1.	Commencement.
2.	Duration of certain sections.
3.	Interpretation.

Detention of Arrested Persons in Garda Síochána Custody in Certain Circumstances

4.	Detention after arrest.
4A.	Power to arrest and return person for purpose of continuation of detention.
4B.	Offence of failing to return to Garda Síochána station.
4C.	Regulations regarding suspension of person’s detention under section 4(3A).
5.	Access to solicitor and notification of detention.
5A.	Questioning of persons detained under section 4 not generally permitted pending access to legal advice.
5B.	Regulations regarding access to solicitor during detention.
6.	Powers of Garda Síochána in relation to detained person.
6A.	Use of reasonable force in certain circumstances.
7.	Regulations regarding treatment of persons in custody.
8.	[Destruction of fingerprints, palm prints and photographs.]
8A.	Extension of retention period under section 8 for fingerprints, palm prints and photographs in certain circumstances.
8B.	Destruction of fingerprints, palm prints and photographs in exceptional circumstances.
8C.	Dismissal of charges, quashing of convictions and determination of proceedings.
8D.	Circumstances in which person to be informed of destruction of fingerprint, palm print or photograph.
8E.	Application of certain sections to Garda Síochána Ombudsman Commission.
8F.	Delegation of functions of Commissioner under certain sections.
8G.	Service of notices.
8H.	Records.
8I.	Application of sections 8 to 8H.
9.	Application to persons in custody under section 30 of Offences against the State Act, 1939.
10.	Rearrest.

Offences Committed while on Bail and other Offences

11.	Offences committed while on bail: consecutive sentences.
12.	Increase of aggregate term of imprisonment in certain cases.
13.	Failure to surrender to bail.
14.	Increase of penalties for certain firearms offences.
15.	Withholding information regarding firearms or ammunition.
16.	Withholding information regarding stolen property, etc. (Repealed)
17.	Maximum fine on summary conviction of certain indictable offences.

Inferences from Accused's Failure to Account for Certain Matters

18.	Inferences from failure, refusal to account for objects, marks, etc.
19.	Inferences from accused’s presence at a particular place.
19A.	Inferences from failure of accused to mention particular facts.

Trial Procedure

20.	Notice of alibi in trials on indictment.
21.	Proof by written statement.
22.	Proof by formal admission.
23.	Abolition of right of accused to make unsworn statement.
24.	Order of closing speeches.
25.	Majority verdicts.

Miscellaneous

26.	Proceedings after arrest.
27.	Electronic recording of questioning.
28.	[Taking of fingerprints, palmprints or photographs of person dealt with under Probation of Offenders Act, 1907, or convicted.]
29.	Application of Act to courts-martial.
30.	Laying of regulations before Houses of Oireachtas.
31.	Expenses.
32.	Short title.

Acts Referred to
Children Act, 1908	1908, c. 67
Criminal Justice Act, 1951	1951, No. 2
Criminal Justice (Evidence) Act, 1924	1924, No. 37
Criminal Law Act, 1976	1976, No. 32
Criminal Law (Jurisdiction) Act, 1976	1976, No. 14
Criminal Procedure Act, 1865	1865, c. 18
Criminal Procedure Act, 1967	1967, No. 12
Explosive Substances Act, 1883	1883, c. 3
Firearms Act, 1925	1925, No. 17
Firearms Act, 1964	1964, No. 1
Firearms Acts, 1925 to 1971
Misuse of Drugs Act, 1977	1977, No. 12
Offences against the State Act, 1939	1939, No. 13
Probation of Offenders Act, 1907	1907, c. 17

Number 22 of 1984

CRIMINAL JUSTICE ACT 1984

REVISED

Updated to 13 November 2023

AN ACT TO AMEND CRIMINAL LAW AND PROCEDURE. [6th December, 1984]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

Revised Acts

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Criminal Justice Act 1984